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Home My WebLink About20210492.tiffCnkvot-\- IUD oq`I BOARD OF COUNTY COMMISSIONERS PASS AROUND REVIEW PASS -AROUND TITLE: Erosion Control and Revegetation Services Contract Renewal DEPARTMENT: Weld County Public Works Engineering DATE: February 27, 2023 PERSON REQUESTING: Lyndsay Holbrook, MS4 Administrator Brief description of the problem/issue: In 2021, Weld County entered an agreement with All Cowboy Erosion Control, LLC, the lowest bidder, to provide erosion control and revegetation services for road construction projects and gravel pits. The agreement has the option to extend the contract up to two additional one-year periods. The 2023 renewal would be the second one-year extension. The 2023 Bid Tabulation shows the cost increase for each line item. Out of 54 line items, 2 items have a percentage increase over the Denver -Aurora -Lakewood Consumer Price Index calculation for inflation, which is currently 8.0%. The cost of erosion logs increased due to the increase in the cost of wood products, and the cost of straw mulch increased due to drought conditions in 2022. Public Works has determined All Cowboy's estimated scope of work for 2023 is reasonable. The budget for erosion control and reclamation is $582k, and the estimated scope of work is just above $441k. What options exist for the Board? (Include consequences, impacts, costs, etc. of options): Option #1 - Approve a one-year contract renewal, not to exceed $582,000.00. Option #2 - Schedule a work session to discuss further. Recommendation: Public Works recommends renewing the contract for 2023. Annrove Recommendation Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin Ross Lori Seine Con5en+ qcjenda a3i2ii3 Schedule Work Session Other/Comments: gx,e),,,,,Jc id) 3/a7/a 2UZI - (Y -19L e6OO-1q CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND ALL COWBOY EROSION CONTROL This Agreement Extension/Renewal ("Renewal"), made and entered into on the 28th day of March, 2023, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the "Department", and All Cowboy Erosion Control, LLC hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. B2100048/2021-0492, approved on March 17, 2021. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The first renewal of the Original Agreement will end on March 27, 2023. • The parties agree to extend the Original Agreement for an additional 1 (one) year period, which will begin March 28, 2023 and will end on March 27, 2024. The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. This extension will be the third year of a possible three-year contract 2. The 2022 Bid Schedule of the contract shall be replaced by the attached 2023 Bid Schedule, which is attached hereto and incorporated by reference. All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: ALL COWBOY EROSION CONTROL, LLC Printed Name Signat ATTEST: dralLSA) v • �Cr �i�. d County Clerk to the Board Board OARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair caau O ?9 2023 BID TABULATION ALL COWBOY EROSION CONTROL ITEM ITEM DESCRIPTION UNIT 2023 UNIT PRICE 101 PROJECT MANAGEMENT (ONSITE MEETINGS) HR $ 70.00 201 CLEARING AND GRUBBING ACRE $ 450.00 202 REMOVAL OR MAINTENANCE OF SILT FENCE LF $ 0.59 202 REMOVAL OR MAINTENANCE OF AGGREGATE BAG LF $ 1.00 202 REMOVAL OR MAINTENANCE OF CONSTRUCTION FENCE LF $ 0.60 202 REMOVAL OR MAINTENANCE OF EROSION BALES EACH $ 5.00 202 REMOVAL OR MAINTENANCE OF EROSION LOGS LF $ 0.80 202 REMOVAL OR MAINTENANCE OF ORANGE CRUSH ECO-GUARD BAGS (RETURN TO PUBLIC WORKS) EACH $ 10.00 202 REMOVAL OR MAINTENANCE OF SEDIMENT BASIN (L= 20 FOOT, W=5 FOOT, D. 2 FOOT) EACH $ 450.00 207 TOPSOIL CY $ 34.50 208 EROSION LOGS (TYPE 1) (12 INCH) LF $ 4.17 208 SILT FENCE LF $ 1.41 208 ORANGE CRUSH ECO-GUARD BAGS (9 INCH) EACH $ 109.00 208 AGGREGATE BAG (9 INCH) LF $ 5.50 208 EROSION BALES (WEED FREE) EACH $ 16.50 208 SEGMENT BASIN (L= 20 FOOT, W=5 FOOT, D. 2 FOOT) EACH $ 1,000.00 208 SEDIMENT REMOVAL AND DISPOSAL HR $ 60.00 212 SOIL CONDITIONING (FERTILIZER) ACRE $ 224.00 212 SEEDING (NATIVE) (ROADWAY) (SOUTH OF WCR 74) ACRE $ 338.00 212 SEEDING (NATIVE)(KOSKIE, LEHR, PIERCE NORTH, ASHBAUGH, FISCUS NORTH, AND GEISERT GRAVEL PITS) ACRE $ 469.25 212 EAST DAVIS SEED MIX (HYDRO SEED) ACRE $ 926.00 212 EAST DAVIS SEED MIX (DRILL SEED) ACRE $ 521.50 212 2021 SEED MIX (DRILL SEED) ACRE $ 618.00 212 HYDRAULIC (SEEDING)(NATIVE) (SOUTH OF WCR 74) ACRE $ 555.00 212 SEEDING (NATIVE)(KOENIG, BEARSON, AND HOKESTRA GRAVEL PITS) ACRE $ 374.00 212 HYDRAULIC (SEEDING)(NATIVE) (NORTH OF WCR 74) ACRE $ 750.00 212 SEEDING (NATIVE) (ROADWAY) (NORTH OF WCR 74) ACRE $ 432.00 212 DRYLAND AGGRESSIVE SEED MIX (DRILL SEED) ACRE $ 646.00 212 2021 SEED MIX (HYDRO SEED) ACRE $ 1,025.00 212 SEEDING (NURSE CROP) ACRE $ 55.00 212 BROADCAST SEEDING (NATIVE) SY $ 0.92 212 SOD (LAWN) SF $ 2.00 213 MULCH (STRAW) (WEED FREE) (1.5 TONS/ACRE) ACRE $ 510.00 213 MULCH TACKIFIER (200 LBS/ACRE) + WOOD MULCH (300 LBS/ACRE) ACRE $ 610.00 213 BIOTIC EARTH - HGM BLACK (4,500 LBS/ACRE) ACRE $ 4,550.00 213 BONDED FIBER MATRIX (MANUFACTURER'S RECOMMENDED RATE) ACRE $ 3,340.00 213 HYDRAULIC MULCH (2,000 LBS/AC) ACRE $ 1,515.00 214 SEEDING MAINTENANCE (WATERING) HR $ 200.00 2023 BID TABULATION ALL COWBOY EROSION CONTROL ITEM ITEM DESCRIPTION UNIT 2023 UNIT PRICE 216 SOIL RETENTION BLANKET (STRAW/COCONUT) SY $ 2.60 216 CLASS 3 TRM (PYRAMAT-75 OR APPROVED EQUIVALENT) SY $ 19.05 607 CONSTRUCTION FENCING (ORANGE PLASTIC W/ T -POSTS) LF $ 2.75 626 MOBILIZATION NORTH OF HWY 34 (ITEM 607) EACH $ 450.00 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 202) EACH $ 450.00 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 208) EACH $ 450.00 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 212 AND 213) EACH $ 750.00 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 216) EACH $ 450.00 626 MOBILIZATION SOUTH OF HWY 34 (ITEM 607) EACH $ 400.00 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 202) EACH $ 400.00 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 208) EACH $ 400.00 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 212 AND 213) EACH $ 750.00 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 216) EACH $ 400.00 630 TRAFFIC CONTROL -SIGNS ONLY (NO FLAGGERS) (MUTCD TA -6) DAY $ 385.00 N/Ak MOWING HR $ 200.00 2022 BID TABULATION ALL COWBOY EROSION CONTROL ITEM ITEM DESCRIPTION UNIT EST QTY 2022 UNIT PRICE 2022 SUBTOTAL 2023 UNIT PRICE 2023 SUBTOTAL h INCREASE 213 MULCH (STRAW) (WEED FREE) (1.5 TONS/ACRE) ACRE 100 $ 445.00 $ 44,500.00 $ 510.00 $ 51,00000 208 EROSION LOGS (TYPE 1) (12 INCH) LF 2000 $ 3.80 $ 7,600.00 $ 4.17 $ 8,340.00 207 TOPSOIL CY 50 $ 32.25 $ 1,612.50 $ 34.50 $ 1,725.00 6.98% 208 SILT FENCE LF 5000 $ 1.32 $ 6,600.00 $ 1.41 $ 7,050.00 6.82% 212 SOIL CONDITIONING (FERTILIZER) ACRE 25 $ 210.00 $ 5,250.00 $ 224.00 $ 5,600.00 6.67% 213 MULCH TACKIFIER (200 LBS/ACRE) + WOOD MULCH (300 LBS/ACRE) ACRE 40 $ 573.00 $ 22,920.00 $ 610.00 $ 24,400.00 6.46% 607 CONSTRUCTION FENCING (ORANGE PLASTIC W/ T -POSTS) LF 1000 $ 2.60 $ 2,600.00 $ 2.75 $ 2,750.00 5.77% 202 REMOVAL OR MAINTENANCE OF SILT FENCE LF 15000 $ 0.56 $ 8,400.00 $ 0.59 $ 8,850.00 5.36% 213 BIOTIC EARTH - HGM BLACK (4,500 LBS/ACRE) ACRE 28 $ 4,325.00 $ 121,100.00 $ 4,550.00 $ 127,400.00 5.20% 212 SEEDING (NATIVE) (ROADWAY) (SOUTH OF WCR 74) ACRE 20 $ 322.00 $ 6,440.00 $ 338.00 $ 6,760.00 4.97% 212 SEEDING (NATIVE)(KOSKIE, LEHR, PIERCE NORTH, ASHBAUGH, FISCUS NORTH, AND GEISERT GRAVEL PITS) ACRE 40 $ 447.25 $ 17,89000 $ 46.25 $ 18,770.00 4.92% 212 EAST DAVIS SEED MIX (HYDRO SEED) ACRE 5 $ 883.00 $ 4,41500 $ 926O0 $ 4,630.00 4.87% 212 EAST DAVIS SEED MIX (DRILL SEED) ACRE 5 $ 497.50 $ 2,487.50 $ 521.50 $ 2,607.50 4.82% 208 ORANGE CRUSH ECO-GUARD BAGS (9 INCH) EACH 50 $ 104.00 $ 5,20000 $ 109.00 $ 5,450.00 4.81% 208 AGGREGATE BAG (9 INCH) LF 500 $ 5.25 $ 2,625.00 $ 5.50 $ 2,75000 4.76% 212 2021 SEED MIX (DRILL SEED) ACRE 5 $ 590.00 $ 2,950.00 $ 618.00 $ 3090.00 4/5% 212 HYDRAULIC (SEEDING)(NATIVE) (SOUTH OF WCR 74) ACRE 10 $ 530.00 $ 5,300.00 $ 555.00 $ 5050.00 4.72% 212 SEEDING (NATIVE)(KOENIG, BEARSON, AND HOKESTRA GRAVEL PITS) ACRE 20 $ 358.00 $ 7,16000 $ 374O0 $ 7,480.00 4.47% 216 SOIL RETENTION BLANKET (STRAW/COCONUT) SY 2000 $ 2.49 $ 4080.00 $ 2.60 $ 5,200.00 4.42% 212 HYDRAULIC (SEEDING)(NATIVE) (NORTH OF WCR 74) ACRE 10 $ 720.00 $ 7,200.00 $ 750.00 $ 7,500.00 4.17% 212 SEEDING (NATIVE) (ROADWAY) (NORTH OF WCR 74) ACRE 20 $ 415.00 $ 8,300.00 $ 432.00 $ 8,64000 4.10% 630 TRAFFIC CONTROL - SIGNS ONLY (NO FLAGGERS) (MUTCD TA -6) DAY 20 $ 370.00 $ 7,40000 $ 385.00 $ 7,70000 405% 213 BONDED FIBER MATRIX (MANUFACTURER'S RECOMMENDED RATE) ACRE 1 $ 3,216.00 $ 3,21600 $ 3,340.00 $ 3,34000 3.86% 212 DRYLAND AGGRESSIVE SEED MIX (DRILL SEED) ACRE 0 $ 622.80 $ $ 646.00 $ - 3.73% 101 PROJECT MANAGEMENT (ONSITE MEETINGS) HR 60 $ 67.50 $ 4,050.00 $ 70.00 $ 4,200.00 3.70% 212 2021 SEED MIX (HYDRO SEED) ACRE 5 $ 990.00 $ 4,950.00 $ 1,025.00 $ 5,12500 3.54% 212 SEEDING (NURSE CROP) ACRE 10 $ 53.25 $ 532.50 $ 55.00 $ 550O0 3.29% 208 EROSION BALES (WEED FREE) EACH 100 $ 16.00 $ 1,600.00 $ 16.50 $ 1,65000 3.13% 216 CLASS 3 TRM (PYRAMAT-75 OR APPROVED EQUIVALENT) SY 500 $ 18.50 $ 9,250.00 $ 19.05 $ 9,52500 2.97% 213 HYDRAULIC MULCH (2,000 LBS/AC) ACRE 20 $ 1,476.00 $ 29020.00 $ 1,515.00 $ 30,300.00 2.64% 212 BROADCAST SEEDING (NATIVE) SY 500 $ 0.90 $ 450.00 $ 0.92 $ 460.00 2.22% 201 CLEARING AND GRUBBING ACRE 10 $ 450.00 $ 4,500.00 $ 450.00 $ 4,500.00 0.00% 202 REMOVAL OR MAINTENANCE OF AGGREGATE BAG LF 1500 $ 1.00 $ 1,500.00 $ 1.00 $ 1,500.00 0.00% 202 REMOVAL OR MAINTENANCE OF CONSTRUCTION FENCE LF 2000 $ 0.60 $ 1,200.00 $ 0.60 $ 1,200.00 0.00% 202 REMOVAL OR MAINTENANCE OF EROSION BALES EACH 150 $ 5.00 $ 750.00 $ 5.00 $ 750.00 0.00% 202 REMOVAL OR MAINTENANCE OF EROSION LOGS LF 8000 $ 0.80 $ 6,400.00 $ 0.80 $ 6,400.00 0.00% 202 REMOVAL OR MAINTENANCE OF ORANGE CRUSH ECO-GUARD BAGS (RETURN TO PUBLIC WORKS) EACH 50 $ 10.00 $ 500.00 $ 10.00 $ 500.00 0.00% 202 REMOVAL OR MAINTENANCE OF SEDIMENT BASIN (L= 20 FOOT, W=5 FOOT, D. 2 FOOT) EACH 0 $ 450.00 $ $ 450.00 $ 0.00% 208 SEDIMENT BASIN (L= 20 FOOT, W=5 FOOT, D. 2 FOOT) EACH 0 $ 1,000.00 $ - $ 1,000.00 $ 0.00% 208 SEDIMENT REMOVAL AND DISPOSAL HR 100 $ 60.00 $ 6,000.00 $ 60.00 $ 6,000.00 0.00% 212 SOD (LAWN) SF 0 $ 2O0 $ - $ 2.00 $ 0.00% 2022 BID TABULATION ALL COWBOY EROSION CONTROL ITEM ITEM DESCRIPTION UNIT EST QTY 2022 UNIT PRICE 2022 SUBTOTAL 2023 UNIT PRICE 2023 SUBTOTAL % INCREASE 214 -SEEDING MAINTENANCE (WATERING) HR 10 $ 200.00 $ 2,000.00 $ 200.00 $ 2,00000 0.00% 626 MOBILIZATION NORTH OF HWY 34 (ITEM 607) EACH 1 $ 450.00 $ 450.00 $ 450.00 $ 450.00 0.00% 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 202) EACH 15 $ 450.00 $ 6,750.00 $ 450.00 $ 6,750.00 0.00% 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 208) EACH 8 $ 450.00 $ 3,600.00 $ 450.00 $ 3,600.00 0.00% 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 212 AND 213) EACH 15 $ 750.00 $ 11,250.00 $ 750.00 $ 11,250.00 0.00% 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 216) EACH 1 $ 450.00 $ 450.00 $ 450.00 $ 45000 0.00% 626 MOBILIZATION SOUTH OF HWY 34 (ITEM 607) EACH 1 $ 400.00 $ 40000 $ 400.00 $ 400.00 0.00% 626 M09LIZATION SOUTH OF HWY 34 (ITEMS 202) EACH 15 $ 400.00 $ 6,000.00 $ 400.00 $ 6000.00 0.00% 626 MOBLIZATION SOUTH OF HWY 34 (ITEMS 208) EACH 8 $ 400.00 $ 3,200.00 $ 400.00 $ 3,200.00 0.00% 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 212 AND 213) EACH 10 $ 750.00 $ 7,500.00 $ 750.00 $ 7,500.00 0.00% 626 MOEILIZATION SOUTH OF HWY 34 (ITEMS 216) EACH 1 $ 400.00 $ 400.00 $ 400.00 $ 400.00 0.00% N/A MOWING HR 0 $ 200.00 $ $ 200.00 $ 0.00% TOTAL $ 419,348.50 $ 441,242.50 5.22% NOTICE OF RENEWAL 2023 Erosion Control and Revegetation Contract To: Brady Buum All Cowboy Erosion Control, LLC Fort Lupton, Colorado 80621 Project Description: 2023 Erosion Control and Revegetation Contract renewal, Bid No. 82100048. You are hereby notified that your renewal rates have been accepted. You are required by the Instructions to Bidders to execute the Renewal Agreement, Bonds and furnish the required Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. You are required to return an acknowledged copy of this Notice of Renewal to the Owner. Dated this 2nd day of March 2023. Weld County, Colorado, Owner By Lyndsay of rook, MS4 Administrator ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by N1\ Cow1r Erosior. Con1�, (Contractor) Dated this 3 day of M C r C..h . 2023. By:',, Title: ?Ye -"Si �t BID NO # 81800076 Page 1 A.C-CM O® ALLCOWB-01 CERTIFICATE OF LIABILITY INSURANCE DONNA DATE(MM/DD/YYYY) 3/3/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Renaissance Insurance Grosp CONTACT Donna Birleffi NAME: PHONE FAX (aC, No, .j: (970) 297-7710 (aC, No): PO Box 478 Windsor, CO 80550 Mass: donna@reninsurance.com INSURER(S) AFFORDING COVERAGE NAIL # INSURER A : Employers Mutual Casualty CO 21415 INSURED INSURER B : AmTrust North America 15954 All Cowboy Erosion Control, LLC INSURER c:GuideOne National Insurance Co 14167 18277 County Road 22 Fort Lupton, CO 80621 INSURER D : INSURER E : INSURER F : CO RAG CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTAI9DING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUEQ OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIO ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TV TYPE OF INSURANCE %V, SUER INSD WVD POLICY NUMBER POLICY EFF IMM/DD/YYYYI POLICY EXP IMM/DDIYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY J CLAIMS -MADE OCCUR X X 6D09357 8/15/2022 8/15/2023 EACH OCCURRENCE $ 1,000,000 PREMSESjEaoccurrence) $ 500'000 MED EXP (Any one person) 1 10,000 PERSONALS, ADV INJURY $ 1,000,000 GEE AGGREGATE LIMIT APPLIES PER: POLICY X ye-, LI LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 A AUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY AUTOS ONLY SPRULED A�T0pp6 At c ONL� 6E09357 8/15/2022 8/15/2023 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ HROHORRHtDAMAGE $ UMBRELLA LIAR EXCESS LIAR OCCUR C,IMS-MADE EACH OCCURRENCE $ AGGREGATE DED I I RETENTION $ $ B WORKERS COMPENSATION Wag LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y❑ OFFICN/PAAT BER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS bebw X N / A TWC4132650 8/15/2022 8/15/2023 X I STATUTE I I Eft E.L. EACH ACCIDENT 5 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ C C Pollution Liability Professional Liab ENV562010938-00 ENV562010938-00 8/15/2022 8/15/2022 8/15/2023 8/15/2023 Each Occurrence Each Occurrence 1,000,000 1,000,000 DESCRIPTION OF OPERATIONS / LOCATDNS / VEHICLES (ACORD 101 Additional Remarks Schedule, may be attached if more space is re wired) Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected oticials, trustees, employees, agents, and volunteers are listed as additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the successful bidder, including comaleted operations, per written contract. Waiver of subrogation applies on the General Liability and Workers' Compensation policies. CERTIFICATE HOLDER CANCELLATION Weld County, Colorado Public Works ty SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 758 Greeley, CO 80632-0758 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PERFORMANCE BOND Bond Number: 2331518 PROJECT: EROSION CONTROL AND REVEGETATION SERVICES FOR 2023 KNOW ALL MEN BY THE PRESENTS; that All Cowboy Erosion Control, LLC. (Name of Contractor) 18277 County Road 22. Fort Lupton, CO 80621 (Address of Contractor) Limited Liabilty Company , hereinafter called Contractor, and a (Corporation, Partnership, or Individual) Swiss Re Corporate Solutions America Insurance Corporation (Name of Surety) 1200 Main Street. Suite 800. Kansas City, MO 64105 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County. Colorado, P.O. Box 758. 1111 H Street, Greeley, Colorado 80632. hereinafter called Owner, in the penal sum of Four Hundred Sixty Five Thousand Four Hundred * Dollars, ($ 465.460.50 ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the 28th day of March , 2023 a copy of which is hereto attached and made a part hereof for the construction of: 2023 Erosion Control and Revegetation Contract renewal, Bid No. B2100048 NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. * Sixty Dollars and 50/100 PERFORMANCE BOND PROJECT: EROSION CONTROL AND REVEGETATION SERVICES FOR 2023 IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this 28th day of March 2021(3 All Cowboy Erosion Control, LLC. Contractor (SEAL) By aniO u (Witness as to Contractor) 18277 County Road 22 (Address) Fort Lupton, CO 80621 ATTEST: N/A Surety) Secretary (SEAL) ♦ 4 Witness as t Surety V. Rini ttomey-in-Fact Jessica Jean -Rini 18277 County Road 22 (Address) Fort Lupton, CO 80621 Swiss Re Corporate Solutions America Insurance Corporation 7600 East Orchard Road. Suite 230 South 1200 Main Street. Suite 800 (Address) (Address) Greenwood Village, CO 80111 Kansas City, MO 64105 NOTE: Dale of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. LABOR & MATERIALS PAYMENT BOND Bond Number: 2331518 PROJECT: EROSION CONTROL AND REVEGETATION FOR 2023 KNOW ALL MEN BY THE PRESENTS; that All Cowboy Erosion Control, LLC. (Name of Contractor) 18277 County Road 22. Fort Lupton. CO 80621 (Address of Contractor) Limited Liability Company , hereinafter called Contractor, and a (Corporation, Partnership, or Individual) Swiss Re Corporate Solutions America Insurance Corporation (Name of Surety) 1200 Main Street, Suite 800. Kansas City, MO 64105 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado, P.O. Box 758, 1111 H Street, Greeley, Colorado 80632, hereinafter called Owner, in the penal sum of Four Hundred Sixty Five Thousand Four Hundred Sixty and * Dollars (5 465,460.50 ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the 28th day of March , 2023, a copy of which is hereto attached and made a part hereof for the construction of: 2023 Erosion Control and Revegetation Contract renewal, Bid No. B2100048 NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void,; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, afteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. * 50/100 LABOR & MATERIALS PAYMENT BOND PROJECT: EROSION CONTROL AND REVEGETATION FOR 2023 IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this 28th day of March 20243 All Cowboy Erosion Control. !LC. (SEAL) Contractor (Con o Sec ry By f \1X\ `M. 3.JUif 18277 County Road 22 (Witness as to Contractor) (Address) 18277 Count', Road 22 Fort Lupton, CO 80621 (Address) Fort Lupton. CO 80621 ATTEST: N/A Swiss Re Corporate Solutions America Insurance (SEAL) (Surety) Secretary Witness)41\--"L' as to Surety V. Rini `/" =y -in -Fact Jessica Jean Rini Corporation • 7600 East Orchard Road. Suite 230 South 1200 Main Street, Suite 800 (Address) (Address) Greenwood Village. CO 80111 Kansas City. MO 64105 NOTE: Dale of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 90 as amended) and be authorized to transact business in the State where the Project is located. SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC") SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC") WESTPORT INSURANCE CORPORATION ("WIC") GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and having its principal office in the City of Kansas City. Missouri, and SRCSI'IC, a corporation organized and existing under the laws of the State of Missouri and having its principal office in the City of Kansas City, Missouri. and WIC. organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, each does hereby make. constitute and appoint: DONALD A. APPLEBY, MARK SWEGART, SARAH C. BROWN, TODD BENGFORD, JESSICA JEAN RINI, AND ASHLEA McCAUGHEY JOINTLY OR SEVERALLY Its true and lawful Attorneys) -in -Fact. to make, execute. seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory' in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law. regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of ONE HUNDRED TEWNTY-FIVE MILLION (SI2S,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its Executive Committee dated July 18.2011. "RESOLVED, that any two of the President, any Managing Director. any Senior Vice President. any Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may he affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be bindine uoon the Corporation when so affixed and in the future with reeard to anv bond, undertaking or contract of surety to which it is attached." d'aS�g Via, rr � J�ONS PR£bi pPOR* r� pFpq •CVO T�� (SEAL =(I SEAL 0 1973 0 `'• ' ,rr,N• •lyyle� �,L r4 SIn11HNIMNe,,, grik Janssens, Senior Vire President sf SRCSAIC & Senior Vice President of SRCSPIC & Senior Vice President of WIC By, Gerard Japrowdd dice President of SRCSAIC & Vire President of SRCSPIC & fire Presider. of WIC IN WITNESS WHEREOF. SRCSAIC. SRCSPIC. and WIC have caused their official seals to be hereunto af£xed. and these presents to be signed by their authorized officers this 10 day of NOVEMBER 20 22 State of Illinois County of Cook Swiss Re Corporate Solutions America Insurance Corporation Swiss Re Corporate Solutions premier insurance Corporation Westport Insurance Corporation On this 10 day of NOVEMBER 20 22 , betore me. a Notary• Public personally appeared Erik Janssens , Senior Vice President of SRCSAIC and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Jagrowski . Vice President of SRCSAIC and Vice President of SPCSPIC and Vice President of WIC. personally known to me. who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. ORICIAL BEAL 202. rttrwaterwte Osaka I, Jeff?. Goldberg the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC and WIC, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC. which is still in full force and effect IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 28th day of March 710O Jeffrey Goldberg, Senior Vice President & Assistant Secretary of SRCSAIC and SRCSPIC and WIC Contract Form New Contract Request Entity Information Entity Name* Entity ID. ALL COWBOY EROSION CONTROL LLC 8>00029034 ❑ New Entity? Contract Name* Contract ID EROSION CONTROL AND REVEGETATION SERVICES 6794 CONTRACT RENEWAL Contract Status CTB REVIEW Contract Description* 2ND RENWAL FOR CONTRACT #4553, Contract Description 2 Contract Type* CONTRACT Amount* S582,000.00 Renewable* YES Automatic Renewal NO Grant Department PUBLIC WORKS Department Email CM- PublicWorks>weldgov.com Department Head Email CM-PublicWorks- OeptHeadc.weldgov.com County Attorney BRUCE BARKER County Attorney Email B BARKER NCO. WELD. CO. US If this is a renewal enter previous Contract ID 5696 If this is part of a MSA enter MSA Contract ID Contract Lead LHOLBROOK Contract Lead Email lholbrook@weldgov.com Requested BOCC Agenda Date* 03;27-2023 Parent Contract ID Requires Board Approval YES Department Project Due Date 03/23/2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* 82100048 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 Review Date" 01/01/2024 Renewal Date* 03:28; 2023 Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 03,22/2023 Approval Process Department Head Finance Approver Legal Counsel .CURTIS HALL CONSENT CONSENT DH Approved Date Finance Approved Date Legal Counsel Approved Date 0.3`22,2023 03?2212023 03'22;`2023 Final Approval I1OCC Approved MCC Signed Date IIIOCC Agenda Date 03'2712023 Originator LHOLBROOK Tyler Ref AG 032723 £cit Loci (0 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Erosion Control and Revegetation Services Contract Renewal DEPARTMENT: Weld County Public Works Engineering DATE: March 21, 2022 PERSON REQUESTING: Lyndsay Holbrook, MS4 Administrator Brief description of the problem/issue: In 2021, Weld County entered an agreement with All Cowboy Erosion Control, LLC, the lowest bidder, to provide erosion control and revegetation services for road construction projects and gravel pits. The agreement has the option to extend the contract up to two additional one-year periods. The 2022 renewal would be the first one-year extension. The 2022 Bid Tabulation shows the cost increase for each line item. Out of 52 line items, 6 items have a percentage increase over the Denver -Aurora -Lakewood Consumer Price Index calculation for inflation, which is currently 7.9%. The reason for the increase of those line items is due to the price of oil (including plastics) and wood products. New CPI data will be released April 12, 2022. Public Works has determined All Cowboy's estimated scope of work for 2022 is reasonable. The budget for erosion control and reclamation is $582k, and the proposed scope of work will not exceed the budgeted amount. What options exist for the Board? (include consequences, impacts, costs, etc. of options): Option #1 - Approve a one-year contract renewal, not to exceed $582,000.00. Option #2 - Schedule a work session to discuss further. Recommendation: Public Works recommends renewing the contract for 2022. Approve Schedule Recommendation Work Session Other/Comments: Perry L. Buck Mike Freeman, Pro -Tern Scott K. James, Chair Steve Moreno Lori Seine Aqvi Vial/ma _ �f I OA -Z -0-4-e} e`v> - dyciZ Cone �` _ /71-- a ZOZI c 4/0,4 /12 EC 004'c1 Karla Ford From: Sent: To: Subject: yes Lori Saine Weld County Commissioner/ District 3 1150 O Street PO Box 758 Greeley CO 80632 Phone: 970-400-4205 Fax: 970-336-7233 Email: (lain �nreld Qv.com Website: www.co.weld.co.us In God We Trust Lori Saine Tuesday, March 22, 2022 2:08 PM Karla Ford RE: Please Reply - PW Pass -Around for B2100048 Renewal Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Karla Ford <kford@weldgov.com> Sent: Tuesday, March 22, 2022 1:39 PM To: Lori Saine <Isaine@welJgov.com> Subject: Please Reply - PW Pass -Around for B21OOO48 Renewal Importance: High Please advise if you approve recommendation. Thank you. Karla Ford Executive Assistant & Office Manager, Board of Weld County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford@weIcigov,com :: www,weldoov.com **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m,** 1 CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND ALL COWBOY EROSION CONTROL This Agreement Extension/Renewal ("Renewal"), made and entered into 28th day of March, 2022, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the "Department", and All Cowboy Erosion Control, LLC hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. B2100048/2021-0492, approved on March 17, 2021. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement will end on March 16, 2022. • The parties agree to extend the Original Agreement for an additional 1 (one) year period, which will begin March 28, 2022 and will end on March 27, 2023. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. This extension will be the first year of a possible three-year contract 2. The 2021 Bid Schedule of the contract shall be replaced by the attached 2022 Bid Schedule, which is attached hereto and incorporated by reference. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: ALL COWBOY EROSION CONTROL, LLC Printed Name Signa BOARD OF COUNTY COMMISSIONERS WELD COIj(VTY, COLORADO ATTEST: d,,adf„v �� Id County Clerk to the Board Scott Clerk to t' • Board James, Chair APR 0 4 2022 0200L/ - O ��%� 2022 BID SCHEDULE ALL COWBOY EROSION CONTROL ITEM ITEM DESCRIPTION UNIT 2022 UNIT PRICE 101 PROJECT MANAGEMENT (ONSITE MEETINGS) HR $ 67.50 201 CLEARING AND GRUBBING ACRE $ 450.00 202 REMOVAL OR MAINTENANCE OF AGGREGATE BAG LF $ 1.00 202 REMOVAL OR MAINTENANCE OF CONSTRUCTION FENCE LF $ 0.60 202 REMOVAL OR MAINTENANCE OF EROSION BALES EACH $ 5.00 202 REMOVAL OR MAINTENANCE OF EROSION LOGS LF $ 0.80 202 REMOVAL OR MAINTENANCE OF ORANGE CRUSH ECO-GUARD BAGS (RETURN TO PUBLIC WORKS) EACH $ 10.00 202 REMOVAL OR MAINTENANCE OF SEDIMENT BASIN (L= 20 FOOT, W=5 FOOT, D= 2 FOOT) EACH $ 450.00 202 REMOVAL OR MAINTENANCE OF SILT FENCE LF $ 0.56 207 TOPSOIL CY $ 32.25 208 SILT FENCE LF $ 1.32 208 EROSION LOGS (TYPE 1) (12 INCH) LF $ 3.80 208 AGGREGATE BAG (9 INCH) LF $ 5.25 208 EROSION BALES (WEED FREE) EACH $ 16.00 208 ORANGE CRUSH ECO-GUARD BAGS (9 INCH) EACH $ 104.00 208 SEDIMENT BASIN (L= 20 FOOT, W=5 FOOT, D= 2 FOOT) EACH $ 1,000.00 208 SEDIMENT REMOVAL AND DISPOSAL HR $ 60.00 212 SEEDING (NATIVE)(KOSKIE, LEHR, PIERCE NORTH, ASHBAUGH, FISCUS NORTH, AND GEISERT GRAVEL PITS) ACRE $ 447.25 212 SEEDING (NATIVE) (ROADWAY) (SOUTH OF WCR 74) ACRE $ 322.00 212 SEEDING (NATIVE)(KOENIG, BEARSON, AND HOKESTRA GRAVEL PITS) ACRE $ 358.00 212 HYDRAULIC (SEEDING)(NATIVE) (NORTH OF WCR 74) ACRE $ 720.00 212 SEEDING (NATIVE) (ROADWAY) (NORTH OF WCR 74) ACRE $ 415.00 212 2021 SEED MIX (HYDRO SEED) ACRE $ 990.00 212 EAST DAVIS SEED MIX (DRILL SEED) ACRE $ 497.50 212 2021 SEED MIX (DRILL SEED) ACRE $ 590.00 212 EAST DAVIS SEED MIX (HYDRO SEED) ACRE $ 883.00 212 HYDRAULIC (SEEDING)(NATIVE) (SOUTH OF WCR 74) ACRE $ 530.00 212 SEEDING (NURSE CROP) ACRE $ 53.25 212 SOIL CONDITIONING (FERTILIZER) ACRE $ 210.00 212 BROADCAST SEEDING (NATIVE) SY $ 0.90 212 SOD (LAWN) SF $ 2.00 213 MULCH TACKIFIER (200 LBS/ACRE) + WOOD MULCH (300 LBS/ACRE) ACRE $ 573.00 213 HYDRAULIC MULCH (2,000 LBS/AC) ACRE $ 1,476.00 213 BONDED FIBER MATRIX (MANUFACTURER'S RECOMMENDED RATE) ACRE $ 3,216.00 213 MULCH (STRAW) (WEED FREE) (1.5 TONS/ACRE) ACRE $ 445.00 213 BIOTIC EARTH - HGM BLACK (4,500 LBS/ACRE) ACRE $ 4,325.00 214 SEEDING MAINTENANCE (WATERING) HR $ 200.00 216 SOIL RETENTION BLANKET (STRAW/COCONUT) SY $ 2.49 216 CLASS 3 TRM (PYRAMAT-75 OR APPROVED EQUIVALENT) SY $ 18.50 2022 BID SCHEDULE ALL COWBOY EROSION CONTROL ITEM ITEM DESCRIPTION UNIT 2022 UNIT PRICE 607 CONSTRUCTION FENCING (ORANGE PLASTIC W/ T -POSTS) LF $ 2.60 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 202) EACH $ 450.00 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 208) EACH $ 450.00 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 212 AND 213) EACH $ 750.00 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 216) EACH $ 450.00 626 MOBILIZATION NORTH OF HWY 34 (ITEM 607) EACH $ 450.00 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 202) EACH $ 400.00 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 208) EACH $ 400.00 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 212 AND 213) EACH $ 750.00 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 216) EACH $ 400.00 626 MOBILIZATION SOUTH OF HWY 34 (ITEM 607) EACH $ 400.00 630 TRAFFIC CONTROL - SIGNS ONLY (NO FLAGGERS) (MUTCD TA -6) DAY $ 370.00 630 TRAFFIC CONTROL - LANE CLOSURE (WITH FLAGGERS) (MUTCD TA -10) DAY $ 1,000.00 NOTICE OF RENEWAL 2022 Erosion Control and Revegetation Contract To: Brady Buum All Cowboy Erosion Control, LLC Fort Lupton, Colorado 80621 Project Description: 2022 Erosion Control and Revegetation Contract renewal, Bid No. B2100048. You are hereby notified that your renewal rates have been accepted. You are required by the Instructions to Bidders to execute the Renewal Agreement, Bonds and furnish the required Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. You are required to return an acknowledged copy of this Notice of Renewal to the Owner. Dated this 23rd day of March 2022. Weld County, Colorado, Owner By ��►v� Lyndsay Holbrook, MS4 A�ator Y Y ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by P COLr..1\3ON-t grbS�Wn ehrAY1`;\ (Contractor) Dated this c123 day of t wL .2022. By: ‘5-Y—, Title: Pire,< 1 6P , 'N -- BID NO # 81800076 Page 1 ALLCOWB-01 DONNA ACORO` CERTIFICATE OF LIABILITY INSURANCE 4.-----3//23/223/2022 DATD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Renaissance Insurance Group PO Box 478 Windsor, CO 80550 NAMCONTACT Donna Birleffi PHONE FAX (A/C, No, Est): (970) 297-7710 (NC, No): E-MAIL ADDRESS: donna@reninsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:Employers Mutual Casualty Co 21415 INSURED All Cowboy Erosion Control, LLC 18277 County Road 22 Fort Lupton, CO 80621 INSURER B : Technology Insurance Company 42376 INSURER c:GuideOne National Insurance Co 14167 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES 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 INSD SUBR WVD(MM/DD/YYYYI POUCY NUMBER POUCY EFF POUCY EXP IMM/DDIYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY X X 6D09357 8/15/2021 8/15/2022 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR PREM SESO(Ea occu ence) $ 500,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE X LIMIT APPLIES JECT PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X _ UABIUTY ANY AUTO OWNED AUTEO�S ONLY AUTOS ONLY SCHEDULED AUTOS AUUTOS ONLY 6E09357 8/15/2021 8/15/2022 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILYBODILY INJURY (Per accident) $ PROPERTY acEcidentDAMAGE $ $ UMBRELLA LIAB EXCESS UAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I RETENTION S $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/ N Y N IA X TWC4004159 6/15/2021 8/15/2022 X STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Pollution ENV56200535200 8/15/2021 8/15/2022 Liability 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101 Additional Remarks Schedule, may be attached if more space is required) Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers are listed as additional insured as pertains to the General Liability policy, per written contract. Waiver of subrogation applies on the General Liability and Workers' Compensation policies. CERTIFICATE HOLDER CANCELLATION Weld County Department of Public Works PO Box 758 Greeley, CO 80632 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DONNA ALLCOWB-01 Accomb. `,---- CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 3/23/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL MISURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of suchppendorsement(s). PRODUCER Renaissance Insurance Group PO Box 478 Windsor, CO 80550 NAMEACT Donna Birleffi No, Ext): (970) 297-7710 A/C, No): (aCN( ADDAIL RESS: donna@reninsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Employers Mutual Casualty Co 21415 INSURED All Cowboy Erosion Control, LLC 18277 County Road 22 Fort Lupton, CO 80621 INSURER B: Technology Insurance Company 42376 INSURER C : GuideOne National Insurance Co 14167 INSURERD: INSURER E : INSURER F : CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES 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 INSD SUBR WVD POLICY NUMBER POLICY EFF IMM/DD/YYYTI POLICY EXP (MM/DO/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY X 6D09357 8/15/2021 8/15/2022 EACH OCCURRENCE $ 1,000,000 MREM SESO(Ea occu ence) $ 500,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE X LIMIT APPLIES .78f PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO OWNED AUTOS ONLY AUTOS ONLY _ SCHEDULED AUTOS SSyyN AUUTOS ONLY Y 6E09357 8/15/2021 8/15/2022 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY accident) DAMAGE $ $ UMBRELLA LIAB _ EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED I RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below YI N Y NIA TWC4004159 8/15/2021 8/15/2022 X I STATUTE PER I EOTH E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ C Pollution ENV56200535200 8/15/2021 8/15/2022 Liability 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101 Additional Remarks Schedule, may be attached if more apace is required) Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers are listed as additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the successful bidder, including completed operations, per written contract. CERTIFICATE HOLDER CANCELLATION Weld County, Colorado Public Works Division of Engineering PO Box 758 Greeley, CO 80632 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PERFORMANCE BOND Bond Number: 2331503 PROJECT: EROSION CONTROL AND REVEGETATION SERVICES FOR 2022 KNOW ALL MEN BY THE PRESENTS; that All Cowboy Erosion Control, LLC, (Name of Contractor) 18217 County Road 22LFort Lupton., CO 80621 (Address of Contractor) Limited Liabilty Company called Contractor, and a (Corporation, Partnership, or Individual) North American Specialty Insurance Company (Name of Surety) 1200 Main Street, Suite 800, Kansas City, MO 64105 (Address of Surety) hereinafter hereinafter called surety, are held and firmly bound unto Weld County, Colorado, P.O. Box 758._ 1111 H Street, Greeley, Colorado 80632, hereinafter called Owner, in the penal sum of Four Hundred Twenty Nine Thousand, Three* Dollars, ($ 429,348.50 ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the 28th day of March , 2022, a copy of which is hereto attached and made a part hereof for the construction of: 2022 Erosion Control and Revegetation Contract renewal, Bid No. B2100048 NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. *Hundred Forty-eight and 50/100 PERFORMNCE BOND APR0JECT: EROSION CONTROL AND REVEGETATION SERVICES FOR 2022 IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this 28th day of March 202%2 All Cowboy Erosion Control, LLC. Contractor t_ By ontractor) Secretary (SEAL) OL,(7, (With 18277 County Road 22 (Address) Fort Lupton, CO 80621 ATTEST: N/A s to Contractor) (Surety) Secretary Withess as to Surety --Stephen McCaughey 7600 East Orchard Road, Suite 230 South 18277 County Road 22 (Address) Fort Lupton, CO 80621 North American Specialty Insurance Company By Attorney-in-Fac hle4 Caughey 1200 Main Street Suite 800 (Address) (Address) Greenwood Village, CO 80111 Kansas City, MO 64105 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executng Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. ■ LABOR & MATERIALS PAYMENT BOND Bond Number: 2331503 PROJECT: EROSION CONTROL AND REVEGETATION FOR 2022 KNOW ALL MEN BY THE PRESENTS; that All Cowboy Erosion Control, LLC. (Name of Contractor) 18277 County Road 22, Fort Lupton, CO 80621 (Address of Contractor) Limited Liability Company called Contractor, and a (Corporation, Partnership, or Individual) , hereinafter North American Specialty Insurance Company (Name of Surety) 1200 Main Street, Suite 800, Kansas City, MO 64105 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado, P.O. Box 758, 1111 H Street, Greeley, Colorado 80632, hereinafter called Owner, in the penal sum of Four Hundred Twenty Nine Thousand, Three Hundred Forty*(Dollars ($ 429,348.50 ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the 28th day of March , 2022, a copy of which is hereto attached and made a part hereof for the construction of: 2022 Erosion Control and Revegetation Contract renewal, Bid No. B2100048 NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void,; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. *Eight and 50/100 LABOR & MATERIALS PAYMENT BOND PROJECT: EROSION CONTROL AND REVEGETATION FOR 2022 IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shaft be deemed an original, this 28th 202(2 All Cowboy Erosion Control. LLC. Contractor S --Al Contractor) Secretary (SEAL) Witness as-C6'itractor) 18277 County Road 22 (Address) Fort Lupton, CO 80621 ATTEST: N/A Witness as to (Surety) Secretary day of March phen McC. 7600 East Orchard Road, Suite 230 South ,(Address) Greenwood Village, CO 80111 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. By 18277 County Road 22 (Address) Fort Lupton, CO 80621 North American Specialty Insurance Company Attorney -in -Fact A • : M • a ghey 1200 Main Street, Suite 800 (Address) Kansas City, MO 64105 IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. ■ ORTIi AMERICAN SPECIALTY INSIIRANCI; COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION (aENM:kAI, POWER OF ATTORNEY KNOW ALL MEN BY TI IESF. PRESENTS,'fIIAT North American Specialty Insurance Company, laws of the State of New I Inmpshire, and having its principal office in the ('ity of Kansas City, Missouri and Washington International insurance FontP Y. a corporation duly organized and existing under •pany a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City Missouri, and Westport Insurance Corporation, organized under the laws of the Stale of Missouri,and having its principal office in the City of Kansas City, Missouri does hereby make, constitute anti appoint: DONALD E. APPLEBY, MARK SWEGART, SARAH C. BROWN, TODD FRENGFORD, JESSICA JEAN RIM and ASHLEA McCAUGHEY JOINTLY OR SEVERALLY its true and lawful Attorne s in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings oblf igatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125.(100,(100.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." SWISS HI' (OItl°oRATE SOLUTIONS By Steven P. Anderson, Senior Vice ent of Washington International Insurance Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation By Mike A. Ho, Senior Vice President of Woshington International Insurance Company & Senior Vice Praidenl of Norik American Specially Incoraoce Company & senior Vice Preaident of weslport Insnrancc Corporation TN WITNESS WHEREOF, North American Specialty insurance Company, Washington international insurance Company and Westport insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 5TH day of FEBRUARY , 20 Y . State of Illinois County of Cook ss' On this 5TH day of FEBRUARY , 20 19, before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington international insurance Company and Senior Vice President of North American Specialty insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington international Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL U. KENNY ( Nolan/ Public • State al Ctilnis . My commission fsn.r.* ' II;,; 12104t2059 North American Specialty Insurance Company Washington International Insurance Company Westport insurance Corporation M. Kenny, Notary Public 1, Jeffrey Goldberg , the duly elected Vice President and Assistant Secretaryy ofNu,rfh.A,ljtyjetirt Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby cet(ify that th,i fi`+EV;,'and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Co 'ij:; m , WawjialttAw ttitctnittiOlral Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Cnntpiaes this 2Iyi) J.q 61 March _, 2022. • itiliy 'i, i Ibe,g. Vu • rm N 0,, c \,.morn Scua.uy pit Ws iwiglou hnemamn�•d IMUI LIfC tlunp.iny ,\ Notch Auiouc:nt /.1;, (Gf(i I.tn.%tt e i uupani k Site i"e i,lcut,S A„ubnl Scacrara ut 14'c,iiron In,w.ui,e t'ro pocwou 2022 BID TABULATION ALL COWBOY EROSION CONTROL ITEM ITEM DESCRIPTION UNIT 2021 UNIT PRICE 2022 UNIT PRICE % INCREASE 213 MULCH TACKIFIER (200 LBS/ACRE) + WOOD MULCH (300 LBS/ACRE) ACRE $ 385.50 $ 573.00 48.64% 213 HYDRAULIC MULCH (2,000 LBS/AC) ACRE $ 1,021.50 $ 1,476.00 44.49% 213 BONDED FIBER MATRIX (MANUFACTURER'S RECOMMENDED RATE) ACRE $ 2,541.00 $ 3,216.00 26.56% 607 CONSTRUCTION FENCING (ORANGE PLASTIC W/ T -POSTS) LF $ 2.24 $ 2.60 16.07% 208 SILT FENCE LF $ 1.20 $ 1.32 10.00% 208 EROSION LOGS (TYPE 1) (12 INCH) LF $ 3.50 $ 3.80 8.57% 207 TOPSOIL CY $ 30.00 $ 32.25 7.50% 212 SEEDING (NATIVE)(KOSKIE, LEHR, PIERCE NORTH, ASHBAUGH, FISCUS NORTH, AND GEISERT GRAVEL PITS) ACRE $ 416.25 $ 447.25 7.45% 212 SEEDING (NATIVE) (ROADWAY) (SOUTH OF WCR 74) ACRE $ 300.00 $ 322.00 7.33% 216 SOIL RETENTION BLANKET (STRAW/COCONUT) SY $ 2.32 $ 2.49 7.33% 212 SEEDING (NATIVE)(KOENIG, BEARSON, AND HOKESTRA GRAVEL PITS) ACRE $ 334.00 $ 358.00 7.19% 213 MULCH (STRAW; (WEED FREE) (1.5 TONS/ACRE; ACRE $ 415.50 $ 445.00 7.10% 212 HYDRAULIC (SEEDING)(NATIVE) (NORTH OF WCR 74) ACRE $ 675.00 $ 720.00 6.67% 212 SEEDING (NATIVE) (ROADWAY) (NORTH OF WCR 74) ACRE $ 389.50 $ 415.00 6.55% 212 2021 SEED MIX (HYDRO SEED) ACRE $ 930.00 $ 990.00 6.45% 212 EAST DAVIS SEED MIX (DRILL SEED) ACRE $ 467.50 $ 497.50 6.42% 212 2021 SEED MIX (DRILL SEED) ACRE $ 555.00 $ 590.00 6.31% 212 EAST DAVIS SEED MIX (HYDRO SEED) ACRE $ 831.00 $ 883.00 6.26% 212 HYDRAULIC (SEEDING)(NATIVE) (SOUTH OF WCR 74) ACRE $ 500.00 $ 530.00 6.00% 212 SEEDING (NURSE CROP) ACRE $ 50.25 $ 53.25 5.97% 630 TRAFFIC CONTROL - SIGNS ONLY (NO FLAGGERS) (MUTCD TA -6) DAY $ 350.00 $ 370.00 5.71% 213 BIOTIC EARTH - HGM BLACK (4,500 LBS/ACRE) ACRE $ 4,115.00 $ 4,325.00 5.10% 208 AGGREGATE BAG (9 INCH) LF $ 5.00 $ 5.25 5.00% 212 SOIL CONDITIONING (FERTILIZER) ACRE $ 200.00 $ 210.00 5.00% 214 SEEDING MAINTENANCE (WATERING) HR $ 190.50 $ 200.00 4.99% 212 BROADCAST SEEDING (NATIVE) SY $ 0.86 $ 0.90 4.65% 208 EROSION BALES (WEED FREE) EACH $ 15.50 $ 16.00 3.23% 216 CLASS 3 TRM (PYRAMAT-75 OR APPROVED EQUIVALENT) SY $ 18.00 $ 18.50 2.78% 101 PROJECT MANAGEMENT (ONSITE MEETINGS) HR $ 67.50 $ 67.50 0.00% 201 CLEARING AND GRUBBING ACRE $ 450.00 $ 450.00 0.00% 202 REMOVAL OR MAINTENANCE OF AGGREGATE BAG LF $ 1.00 $ 1.00 0.00% 202 REMOVAL OR MAINTENANCE OF CONSTRUCTION FENCE LF $ 0.60 $ 0.60 0.00% 202 REMOVAL OR MAINTENANCE OF EROSION BALES EACH $ 5.00 $ 5.00 0.00% 202 REMOVAL OR MAINTENANCE OF EROSION LOGS LF $ 0.80 $ 0.80 0.00% 202 REMOVAL OR MAINTENANCE OF ORANGE CRUSH ECO-GUARD BAGS (RETURN TO PUBLIC WORKS) EACH $ 10.00 $ 10.00 0.00% 202 REMOVAL OR MAINTENANCE OF SEDIMENT BASIN (L= 20 FOOT, W=5 FOOT, D= 2 FOOT) EACH $ 450.00 $ 450.00 0.00% 202 REMOVAL OR MAINTENANCE OF SILT FENCE LF $ 0.56 $ 0.56 0.00% 208 ORANGE CRUSH ECO-GUARD BAGS (9 INCH) EACH $ 104.00 $ 104.00 0.00% 208 SEDIMENT BASIN (L= 20 FOOT, W=5 FOOT, D= 2 FOOT) EACH $ 1,000.00 $ 1,000.00 0.00% 208 SEDIMENT REMOVAL AND DISPOSAL HR $ 60.00 $ 60.00 0.00% 212 SOD (LAWN) SF $ 2.00 $ 2.00 0.00% 2022 BID TABULATION ALL COWBOY EROSION CONTROL ITEM ITEM DESCRIPTION UNIT2021 UNIT PRICE 2022 UNIT PRICE % INCREASE 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 202) EACH $ 450.00 $ 450.00 0.00% 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 208) EACH $ 450.00 $ 450.00 0.00% 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 212 AND 213) EACH $ 750.00 $ 750.00 0.00% 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 216) EACH $ 450.00 $ 450.00 0.00% 626 MOBILIZATION NORTH OF HWY 34 (ITEM 607) EACH $ 450.00 $ 450.00 0.00% 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 202) EACH $ 400.00 $ 400.00 0.00% 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 208) EACH $ 400.00 $ 400.00 0.00% 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 212 AND 213) EACH $ 750.00 $ 750.00 0.00% 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 216) EACH $ 400.00 $ 400.00 0.00% 626 MOBILIZATION SOUTH OF HWY 34 (ITEM 607) EACH $ 400.00 $ 400.00 0.00% 630 TRAFFIC CONTROL- LANE CLOSURE (WITH FLAGGERS) (MUTCD TA -10) DAY $ 1,000.00 $ 1,000.00 0.00% 2022 BID SCHEDULE ALL COWBOY EROSION CONTROL ITEM ITEM DESCRIPTION UNIT 2022 UNIT PRICE 101 PROJECT MANAGEMENT (ONSITE MEETINGS) HR $ 67.50 201 CLEARING AND GRUBBING ACRE $ 450.00 202 REMOVAL OR MAINTENANCE OF AGGREGATE BAG LF $ 1.00 202 REMOVAL OR MAINTENANCE OF CONSTRUCTION FENCE LF $ 0.60 202 REMOVAL OR MAINTENANCE OF EROSION BALES EACH $ 5.00 202 REMOVAL OR MAINTENANCE OF EROSION LOGS LF $ 0.80 202 REMOVAL OR MAINTENANCE OF ORANGE CRUSH ECO-GUARD BAGS (RETURN TO PUBLIC WORKS) EACH $ 10.00 202 REMOVAL OR MAINTENANCE OF SEDIMENT BASIN (L= 20 FOOT, W=5 FOOT, D= 2 FOOT) EACH $ 450.00 202 REMOVAL OR MAINTENANCE OF SILT FENCE LF $ 0.56 207 TOPSOIL CY $ 32.25 208 SILT FENCE LF $ 1.32 208 EROSION LOGS (TYPE 1) (12 INCH) LF $ 3.80 208 AGGREGATE BAG (9 INCH) LF $ 5.25 208 EROSION BALES (WEED FREE) EACH $ 16.00 208 ORANGE CRUSH ECO-GUARD BAGS (9 INCH) EACH $ 104.00 208 SEDIMENT BASIN (L= 20 FOOT, W=5 FOOT, D= 2 FOOT) EACH $ 1,000.00 208 SEDIMENT REMOVAL AND DISPOSAL HR $ 60.00 212 SEEDING (NATIVE)(KOSKIE, LEHR, PIERCE NORTH, ASHBAUGH, FISCUS NORTH, AND GEISERT GRAVEL PITS) ACRE $ 447.25 212 SEEDING (NATIVE) (ROADWAY) (SOUTH OF WCR 74) ACRE $ 322.00 212 SEEDING (NATIVE)(KOENIG, BEARSON, AND HOKESTRA GRAVEL PITS) ACRE $ 358.00 212 HYDRAULIC (SEEDING)(NATIVE) (NORTH OF WCR 74) ACRE $ 720.00 212 SEEDING (NATIVE) (ROADWAY) (NORTH OF WCR 74) ACRE $ 415.00 212 2021 SEED MIX (HYDRO SEED) ACRE $ 990.00 212 EAST DAVIS SEED MIX (DRILL SEED) ACRE $ 497.50 212 2021 SEED MIX (DRILL SEED) ACRE $ 590.00 212 EAST DAVIS SEED MIX (HYDRO SEED) ACRE $ 883.00 212 HYDRAULIC (SEEDING)(NATIVE) (SOUTH OF WCR 74) ACRE $ 530.00 212 SEEDING (NURSE CROP) ACRE $ 53.25 212 SOIL CONDITIONING (FERTILIZER) ACRE $ 210.00 212 BROADCAST SEEDING (NATIVE) SY $ 0.90 212 SOD (LAWN) SF $ 2.00 213 MULCH TACKIFIER (200 LBS/ACRE) + WOOD MULCH (300 LBS/ACRE) ACRE $ 573.00 213 HYDRAULIC MULCH (2,000 LBS/AC) ACRE $ 1,476.00 213 BONDED FIBER MATRIX (MANUFACTURER'S RECOMMENDED RATE) ACRE $ 3,216.00 213 MULCH (STRAW) (WEED FREE) (1.5 TONS/ACRE) ACRE $ 445.00 213 BIOTIC EARTH - HGM BLACK (4,500 LBS/ACRE) ACRE $ 4,325.00 214 SEEDING MAINTENANCE (WATERING) HR $ 200.00 216 SOIL RETENTION BLANKET (STRAW/COCONUT) SY $ 2.49 216 CLASS 3 TRM (PYRAMAT-75 OR APPROVED EQUIVALENT) SY $ 18.50 2022 BID SCHEDULE ALL COWBOY EROSION CONTROL ITEM ITEM DESCRIPTION UNIT 2022 UNIT PRICE 607 CONSTRUCTION FENCING (ORANGE PLASTIC W/ T -POSTS) LF $ 2.60 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 202) EACH $ 450.00 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 208) EACH $ 450.00 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 212 AND 213) EACH $ 750.00 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 216) EACH $ 450.00 626 MOBILIZATION NORTH OF HWY 34 (ITEM 607) EACH $ 450.00 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 202) EACH $ 400.00 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 208) EACH $ 400.00 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 212 AND 213) EACH $ 750.00 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 216) EACH $ 400.00 626 MOBILIZATION SOUTH OF HWY 34 (ITEM 607) EACH $ 400.00 630 TRAFFIC CONTROL - SIGNS ONLY (NO FLAGGERS) (MUTCD TA -6) DAY $ 370.00 630 TRAFFIC CONTROL - LANE CLOSURE (WITH FLAGGERS) (MUTCD TA -10) DAY $ 1,000.00 NOTICE OF RENEWAL 2022 Erosion Control and Revegetation Contract To: Brady Buum All Cowboy Erosion Control, LLC Fort Lupton, Colorado 80621 Project Description: 2622 Erosion Control and Revegetation Contract renewal, Bid No. B2100048. You are hereby notified that your renewal rates have been accepted. You are required by the Instructions to Bidders to execute the Renewal Agreement, Bonds and furnish the required Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. You are required to return an acknowledged copy of this Notice of Renewal to the Owner. Dated this 23rd day of March 2022. Weld County, Colorado, Owner By Lam,/ I uC llY W Lyndsay Holbrook, MS4 Admmis rator ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by \C,owbo‘i 'r<'5'°n C \,-t ' (Contractor) Dated this c:ro day of r T rth .2022. By: Title: Pied,, &YIN -- BID NO # B1800076 Page 1 ALLCOWB-01 DONNA ACORO` CERTIFICATE OF LIABILITY INSURANCE 4...-----3//23/223/2022 DATD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Renaissance Insurance Group PO Box 478 Windsor, CO 80550 NAME CT Donna Birleffi PHONE 970 297-7710 F°� lac, No, Ext): ( ) (PJC, No): ol* ss: donna@reninsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Employers Mutual Casualty Co 21415 INSURED All Cowboy Erosion Control, LLC 18277 County Road 22 Fort Lupton, CO 80621 INSURER a :Technology Insurance Company 42376 INSURER C : GuideOne National Insurance Co 14167 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES 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 INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DDIYYYYI POLICY EXP (MM/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY X X 6D09357 8/15/2021 8/15/2022 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR PPAMAGE REM SESTORENTED (Ea occurrence) $ 500,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE X LIMIT APPLIES JECT PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X _ LIABILITY ANY AUTO OWNED AUTOS OONLY AUTOS ONLY SCHEDULED AUTOS AUTOS ONLY 6E09357 8/15/2021 8/15/2022 SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY BODILY INJURY (Per accident) $ PROPERTY accidentDAMAGE $ $ UMBRELLA UAB EXCESS UAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED I RETENTION S B WORKERS LIABILITY I ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN Y N / A x TWC4004159 8/15/2021 6/15/2022 X STATUTE ERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Pollution ENV56200535200 8/15/2021 8/15/2022 Liability 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101 Additional Remarks Schedule, may be attached if more space is required) Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers are listed as additional insured as pertains to the General Liability policy, per written contract. Waiver of subrogation applies on the General Liability and Workers' Compensation policies. CERTIFICATE HOLDER CANCELLATION Weld County Department of Public Works PO Box 758 Greeley, CO 80632 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DONNA ALLCOWB-01 ACOR00 4.---- CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 3/23/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Renaissance Insurance Group PO Box 478 Windsor, CO 80550 CQNTAMCT Donna Birleffi N PHONEFAX (A/C, No, Ext): (970) 297-7710 (A/C, No): ADDRESS: donna@reninsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :Employers Mutual Casualty Co 21415 INSURED All Cowboy Erosion Control, LLC 18277 County Road 22 Fort Lupton, CO 80621 INSURER B:Technology Insurance Company 42376 INSURER C : GuideOne National Insurance Co 14167 INSURER D : INSURER E : INSURER F : 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 POLIC ES 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 INSD SUER WVD POLICY NUMBER POLICY EFF IMM/DDIYYYYI POLICY EXP IMM/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY X 6D09357 8/15/2021 8/15/2022 EACH OCCURRENCE $ 1,000,000 GE TO RENTED PREMISES Ea occurrence) $ 500,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE X LIMIT APPLIES JECT PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS Vy� D AUTOS ONLY 6E09357 8/15/2021 8/15/2022 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY accidentDAMAGE $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED I I RETENTION $ B AND EMPLOYS' LIABILITY COMPENSATION ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN Y N IA TWC4004159 8/15/2021 8/15/2022 X STATUTE EERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ C Pollution ENV56200535200 8/15/2021 8/15/2022 Liability 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101 Additional Remarks Schedule, may be attached if more space is required) Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers are listed as additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the successful bidder, including completed operations, per written contract. CERTIFICATE HOLDER CANCELLATION Weld County, Colorado Public Works Division of Engineering PO Box 758 Greeley, CO 80632 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PERFORMANCE BOND Bond Number: 2331503 PROJECT: EROSION CONTROL AND REVEOETATION SERVICES FOR 2022 KNOW ALL MEN BY THE PRESENTS; that All Cowboy Erosion Coptrot, LLC, (Name of Contractor) 18271 County Road 22„Fort Lupttpn,_CO 80621 (Address of Contractor) Limited Liablity Company , hereinafter called Contractor, and a (Corporation, Partnership, or Individual) North American Specialty Insurance Company (Name of Surety) 1200 Main Street, Suite 800, Kansas City, MO 64105 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado. P.O. Box 758. 1111 H Street, Greeley, Colorado 80632. hereinafter called Owner, in the penal sum of Four Hundred Twenty Nine Thousand, Three* Dollars, ($ 429,348.50 ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the 28th day of March , 2022, a copy of which is hereto attached and made a part hereof for the construction of: 2022 Erosion Control and Revegetation Contract renewal, Bid No. B2100048 NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. *Hundred Forty-eight and 50/100 I PERFORMANCE BOND PROJECT: EROSION CONTROL AND REVEGETATION SERVICES FOR 2022 IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this 28th day of March 202%2 All Cowboy Erosion Control, LLC. Contractor ontractor) Secretary (SEAL) (Witn 18277 County Road 22 (Address) Fort Lupton, CO 80621 ATTEST: N/A 1 s to Contractor) (Surety) Secretary Withass s to Surat Stephen McCaughey By 18277 County Road 22 (Address) Fort Lupton, CO 80621 North American Specialty Insurance Company Attorney-in-Fac Caughey 760g East Orchard Road, Suite 230 South 1200 Main Street Suite 800 (Address) Greenwood Village, CO 80111 (Address) Kansas City, MO 64105 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. LABOR & MATERIALS PAYMENT BOND Bond Number: 2331503 PROJECT: EROSION CONTROL AND REVEGETATION FOR 2022 KNOW ALL MEN BY THE PRESENTS; that All Cowboy Erosion Control, LLC. (Name of Contractor) 18277 County Road 22, Fort Lupton, CO 80621 (Address of Contractor) Limited Liability Company called Contractor, and a (Corporation, Partnership, or Individual) , hereinafter North American Specialty Insurance Company (Name of Surety) 1200 Main Street, Suite 800, Kansas City, MO 64105 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado, P.O. Box 758, 1111 H Street, Greeley, Colorado 80632, hereinafter called Owner, in the penal sum of Four Hundred Twenty Nine Thousand, Three Hundred Forty*(Dollars ($ 429,348.50 ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the 28th day of March , 2022, a copy of which is hereto attached and made a part hereof for the construction of: 2022 Erosion Control and Revegetation Contract renewal, Bid No. B2100048 NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void,; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. *Eight and 50/100 LABOR & MATERIALS PAYMENT BOND PROJECT: EROSION CONTROL AND REVEGETATION FOR 2022 IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this 28th 202X2 All Cowboy Erosion Control, LLC. Contractor S -A4 Contractor) Secretary (SEAL) day of March Witness as-t6Co itractor) (Address) By 18277 County Road 22 (Address) Fort Lupton, CO 80621 ATTEST: N/A (Surety) Secretary 18277 County Road 22 Fort Lupton, CO 80621 North American Specialty Insurance Company By Witness as to phen McC hey 7600 East Orchard Road, Suite 230 South .• (Address) cil Attorney -in -Fact A - : M • a ghey 1200 Main Street, Suite 800 (Address) Greenwood Village, CO 80111 Kansas City, MO 64105 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. ■ State of Illinois County of Cook ss: On this 5TH day of FEBRUARY , 20 19, before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington international Insurance Company and Senior Vice President of North American Specialty insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington international Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL U. KENNY `t� :At Notary Public - State nl 0ll,uyc. r . hty commission i a 7onfairer,- M. Kenny, Notary Public ... I, Jeffrey Goldberg , the duly elected Vice President and Assistant Secretary of Nurlh,•Aoitriu ari Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do t:erc.by cOify that lha 4 X'Vd and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Cotrt}cytp, Wilshiagts Itlernhtiotral Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of'the Cnnlpa sr tlu1 40, day q f March , 2022. SWISS 141 CORPORATE SOI,IffIONS ORTH AMERICAN SPI?('iALTY 1NSURANC•I, COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERALKNOGENERALPOWER Of ATTORNEY W ALL MEN BY TI 'ESE PRESENTS, TiIAT North American Specialty Insurance Company, a corporation duly nrganizcd and existing under laws of the State of New I lanlpshire, and having its principal office In the City of Kansas City, Missouri and Washington International insurance Company a corporation organized and existing under the laws of the Slate of New Hampshire and having its principal office in the city of Kansas City Missouri, and Westport Insurance Corporation, or ranized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri does hereby make. constitute and -appoint: DONALD E. APPLEBY, MARK SWEGART, SARAH C. BROWN, TODD F3ENGFORD, JESSICA JEAN RIM -- -- and ASHLEA McCAUGHEY JOINTLY OR SEVERALLY . its true and lawful Attorney(s)-in-Pact, to make, execute, seal and deliver, fur and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shalt exceed the amount of: ------ _ ONE HUNDRED TWENTY FIVE MILLION ($125,(HI(1,000.001 DOLLARS This Power of Attorney is granted and is signed by tacsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington international insurance Company at meetings duly called and held on March 24. 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July Ill, 201 I. "RESOLVED, that any two of the President. any Senior Vice President, any Vice President, any Assistant Vice President. the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company: and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." By Steven P. Anderson, Senior Vice President of Washington International insurance Company & Senior Wee President of Soria American Specially Insurance Company & Senior Vice President or Westport Insurance Corporation By Mike A. lie, Senior Vice President of Washington International Insurance Company & Senior Vice President ofNnrih American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation TN WITNESS WHEREOF, North American Specialty insurance Company, Washington international insurance Company and Westport insurance Corporation have caused their official seals to be hereunto affixed, and these presents to he signed by their authorized officers this this 5TH day of FEBRUARY , 20 iv . North American Specialty Insurance Company Washington International Insurance Company Westport Insurance Corporation it: I.; c;l lbe„VILA' • ;,.,,s ,.. ,t. n s«lcury,br \v, ,95,,, .x, lon,d b,sm:o.ctoxi'r y& Ninth Awcncnr::1 rr-�; r I.t m ai.r I lmipn,y S V�,e I',csnlcm ,C :\osuuw Seucwn ai lresywil In,ninm c s'nrry.rnum 2022 BID TABULATION ALL COWBOY EROSION CONTROL ITEM ITEM DESCRIPTION UNIT 2021 UNIT PRICE 2022 UNIT PRICE % INCREASE 213 MULCH TACKIFIER (200 LBS/ACRE) + WOOD MULCH (300 LBS/ACRE) ACRE $ 385.50 $ 573.00 48.64% 213 HYDRAULIC MULCH (2,000 LBS/AC) ACRE $ 1,021.50 $ 1,476.00 44.49% 213 BONDED FIBER MATRIX (MANUFACTURER'S RECOMMENDED RATE) ACRE $ 2,541.00 $ 3,216.00 26.56% 607 CONSTRUCTION FENCING (ORANGE PLASTIC WI T -POSTS, LF $ 2.24 $ 2.60 16.07% 208 SILT FENCE LF $ 1.20 $ 1.32 10.00% 208 EROSION LOGS (TYPE 1) (12 INCH) LF $ 3.50 $ 3.80 8.57% 207 TOPSOIL CY $ 30.00 $ 32.25 7.50% 212 SEEDING (NATIVE)(KOSKIE, LEHR, PIERCE NORTH, ASHBAUGH, FISCUS NORTH, AND GEISERT GRAVEL PITS) ACRE $ 416.25 $ 447.25 7.45% 212 SEEDING (NATIVE) (ROADWAY) (SOUTH OF WCR 74) ACRE $ 300.00 $ 322.00 7.33% 216 SOIL RETENTION BLANKET (STRAW/COCONUT) SY $ 2.32 $ 2.49 7.33% 212 SEEDING (NATIVE)(KOENIG, BEARSON, AND HOKESTRA GRAVEL PITS) ACRE $ 334.00 $ 358.00 7.19% 213 MULCH (STRAW) (WEED FREE) (1.5 TONS/ACRE) ACRE $ 415.50 $ 445.00 7.10% 212 HYDRAULIC (SEEDING)(NATIVE) (NORTH OF WCR 74) ACRE $ 675.00 $ 720.00 6.67% 212 SEEDING (NATIVE) (ROADWAY) (NORTH OF WCR 74) ACRE $ 389.50 $ 415.00 6.55% 212 2021 SEED MIX (HYDRO SEED) ACRE $ 930.00 $ 990.00 6.45% 212 EAST DAVIS SEED MIX (DRILL SEED) ACRE $ 467.50 $ 497.50 6.42% 212 2021 SEED MIX (DRILL SEED) ACRE $ 555.00 $ 590.00 6.31% 212 EAST DAVIS SEED MIX (HYDRO SEED) ACRE $ 831.00 $ 883.00 6.26% 212 HYDRAULIC (SEEDING)(NATIVE) (SOUTH OF WCR 74) ACRE . $ 500.00 $ 530.00 6.00% 212 SEEDING (NURSE CROP) ACRE $ 50.25 $ 53.25 5.97% 630 TRAFFIC CONTROL - SIGNS ONLY (NO FLAGGERS) (MUTCD TA -6) DAY $ 350.00 $ 370.00 5.71% 213 B OTIC EARTH - HGM BLACK (4,500 LBS/ACRE) ACRE $ 4,115.00 $ 4,325.00 5.10% 208 AGGREGATE BAG (9 INCH) LF $ 5.00 $ 5.25 5.00% 212 SOIL CONDITIONING (FERTILIZER) ACRE S 200.00 $ 210.00 5.00% 214 SEEDING MAINTENANCE (WATERING) HR $ 190.50 $ 200.00 4.99% 212 BROADCAST SEEDING (NATIVE) SY $ 0.86 $ 0.90 4.65% 208 EROSION BALES (WEED FREE) EACH $ 15.50 $ 16.00 3.23% 216 CLASS 3 TRM (PYRAMAT-75 OR APPROVED EQUIVALENT) SY $ 18.00 $ 18.50 2.78% 101 PROJECT MANAGEMENT (ONSITE MEETINGS) HR $ 67.50 $ 67.50 0.00% 201 CLEARING AND GRUBBING ACRE $ 450.00 $ 450.00 0.00% 202 REMOVAL OR MAINTENANCE OF AGGREGATE BAG LF $ 1.00 $ 1.00 0.00% 202 REMOVAL OR MAINTENANCE OF CONSTRUCTION FENCE LF $ 0.60 $ 0.60 0.00% 202 REMOVAL OR MAINTENANCE OF EROSION BALES EACH $ 5.00 $ 5.00 0.00% 202 REMOVAL OR MAINTENANCE OF EROSION LOGS LF $ 0.80 $ 0.80 0.00% 202 REMOVAL OR MAINTENANCE OF ORANGE CRUSH ECO-GUARD BAGS (RETURN TO PUBLIC WORKS) EACH $ 10.00 $ 10.00 0.00% 202 REMOVAL OR MAINTENANCE OF SEDIMENT BASIN (L= 20 FOOT, W=5 FOOT, D= 2 FOOT) EACH $ 450.00 $ 450.00 0.00% 202 REMOVAL OR MAINTENANCE OF SILT FENCE LF $ 0.56 $ 0.56 0.00% 208 ORANGE CRUSH ECO-GUARD BAGS (9 INCH) EACH $ 104.00 $ 104.00 0.00% 208 SEDIMENT BASIN (L= 20 FOOT, W=5 FOOT, D= 2 FOOT; ` EACH $ 1,000.00 $ 1,000.00 0.00% 208 SEDIMENT REMOVAL AND DISPOSAL HR $ 60.00 $ 60.00 0.00% 212 SOD (LAWN) SF $ 2.00 $ 2.00 0.00% 2022 BID TABULATION ALL COWBOY EROSION CONTROL ITEM ITEM DESCRIPTION UNIT 2021 UNIT PRICE 2022 UNIT PRICE % INCREASE 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 202) EACH $ 450.00 $ 450.00 0.00% 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 208) EACH $ 450.00 $ 450.00 0.00% 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 212 AND 213) EACH $ 750.00 $ 750.00 0.00% 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 216) EACH $ 450.00 $ 450.00 0.00% 626 MOBILIZATION NORTH OF HWY 34 (ITEM 607) EACH $ 450.00 $ 450.00 0.00% 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 202) EACH $ 400.00 $ 400.00 0.00% 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 208) EACH $ 400.00 $ 400.00 0.00% 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 212 AND 213) EACH $ 750.00 $ 750.00 0.00% 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 216) EACH $ 400.00 $ 400.00 0.00% 626 MOBILIZATION SOUTH OF HWY 34 (ITEM 607) EACH $ 400.00 $ 400.00 0.00% 630 TRAFFIC CONTROL - LANE CLOSURE (WITH FLAGGERS) (MUTCD TA -10) DAY $ 1,000.00 $ 1,000.00 0.00% Contract Form t Information New Contract Request Entity Name* Entity ID' ALL COWBOY EROSION CONTROL LLC 30O029034 Contract Name* 2022 EROSION CONTROL AND REVEGETATION RENEWAL Contract Status CTB REVIEW New Entity? Contract ID 5696 Contract Lead* LHOLBROOK Contract Lead Email Iholbrook e eIdgov.com Parent Contract ID Requires Board Approval YES Department Project Contract Description* FIRST ONE-YEAR EXTENSIONIRENEWAL FOR B2100048, EROSION CONTROL & REVEGETATION, Contract Description 2 Contract Type RENEWAL Amount * $582,000,00 Renewable* YES Automatic Renewal Grant ICA Department PUBLIC WORKS Department Email CM- PubiicWorkscfcweidgov.corn nt Head Email CM-PublicWorks- DeptHead_yweIdgov,com County Attorney GENERAL COUNTY A I I ORNEY EMAIL County Attorney Email CM- COUNTYA I I ORNEY3WELDG OV.COM If this is a renewal enter previous Contract ID 492 If this is part of a !ASA enter PISA Contract ID Requested BOCC Agenda Date* 03;28(2022 Due Date 03'242022 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 Review Date* 03/2312022 Renewal Date 03:28,'2022 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Purchasing Purchasing Approver CONSENT Approval Process Department Head JAY MCDONALD DH Approved Date 03130/2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 04;`04/2022 Originator LH(LBR(C7 Contact Type Finance Approver CONSENT Contact Phone 1 Purchasing Approved Date 03:`30!2022 Finance Approved Date 03:30,'2022 Tyler Ref # AG 040422 Legal Counsel CONSENT Contact Phone 2 Legal Counsel Approved Date 03:30;'2022 Gbn+rotc-t =fJ 4c4553 MEMORANDUM TO: Esther Gesick, CTB DATE: March 11, 2021 FROM: Clay Kimmi, P.E., Public Works SUBJECT: B2100048 — On -call Erosion Control and Revegetation Contract Please place the attached contract on the BOCC agenda for an upcoming 9 am hearing. The contract is for the erosion control and revegetation on -call contract. The Board awarded the contract to All Cowboy Erosion Control on March 8, 2021. The contract id is 4553 . The Board previously approved the contract to be placed on the agenda via a pass around that was returned on March 10, 2021. The contract is for an amount not to exceed $381,798.50. The contract amount is also included in the 2021 Public Works budget. I will plan on attending the meeting to answer any questions. Page 1 of 1 3-� r -C>2/ `PeArt-rz-A--Z OW) .3� / cC42l- ��eb 7� BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Erosion Control and Revegetation Contract for 2021 DEPARTMENT: Public Works PERSON REQUESTING: Clay Kimmi DATE: March 8, 2021 Brief description of the problem/issue: Bids for the 2021 Erosion Control and Revegetation contract were opened on February 18, 2021. They were presented to the Board on February 22, 2021. On March 8, 2021, Public Works recommended the contract be awarded to the lowest responsible bidder, All Cowboy Erosion Control, in the amount not to exceed $381,798.50. The Board awarded the contract to All Cowboy Erosion Control at the 9 am hearing on March 8, 2021. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. The Board could sign the agreement which will allow Public Works to start using All Cowboy Erosion Control on an as needed basis to perform erosion control and revegetation tasks throughout Weld County. 2. The Board could decline to sign the agreement and as for a work session. Recommendation: Public Works recommends the agreement be signed so All Cowboy Erosion Control can start performing the erosion control and revegetation tasks on an as needed basis. Approve Recommendation Perry L. Buck Mike Freeman Scott K. James, Pro-Tem Steve Moreno, Chair Lori Saine Schedule Work Session Other/Comments: WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & ALL COWBOY EROSION CONTROL, LLC 2021 EROSION CONTROL AND REVEGETATION SEIVICES CONTRACT /fit THIS AGREEMENT is made and entered into this/ day o , 2021, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and All Cowboy Erosion Control, LLC, whose address is 18277 CR 22, Fort Lupton, CO 80621, hereinafter referred to as "Contractor". WHEREAS, Weld County Public Works is in need of annual erosion control and revegetation services throughout the County, (hereinafter referred to as the "Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the erosion control and/or revegetation of the identified project sites, and WHEREAS, County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit A; WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Construction Services at or below the cost set forth in Exhibit B; WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B2100048". The RFP contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit A which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"), to perform the services described on attached Exhibit A. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Exhibit A within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. In its sole discretion, the County, by the Director of the Department of Public Works or his/her designee may extend the time for the Contractor to complete the service of work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 2. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibit A. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. If the County opts to renew the Contract, the Contractor will have an opportunity to provide a revised fee schedule, if any, for the upcoming Contract term. The increased costs shall be based upon the Denver -Boulder -Greeley Consumer Price Index and the market price for straw. 3. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 4. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. Compensation/Contract Amount. Upon Contractor's successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $381,798.50, which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the material/service/equipment for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 5. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contractor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit A), and (b) provide proof thereof when requested to do so by County. 6. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 7. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 8. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 9. Warranty. Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 10. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the construction completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 11. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. Any modification to these requirements must be made in writing by Weld County. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Indemnity: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The Contractor in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Employers Liability) Statutory $500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and liability assumed under an insured contract. The policy shall be endorsed to include 1) the Additional Insured Endorsements CG 2010 (or equivalent), 2) CG 2037 Additional Insured for products/completed operations, and 3) the Designated Construction Projects General Aggregate Endorsement CG 2503. The policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, Colorado, its elected officials, and its employees" named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations" and the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury $50,000 any one fire; and $5,000 Medical payment one person Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Additional provisions: Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: i. If any aggregate limit is reduced by twenty-five percent (25%) or more by paid or reserved claims, Contractor shall notify County within ten (10) days and reinstate the aggregates required; ii. Unlimited defense costs in excess of policy limits; iii. Contractual liability covering the indemnification provisions of this Agreement; iv. A severability of interests provision; v. Waiver of exclusion for lawsuits by one insured against another; vi. A provision that coverage is primary; and vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by County. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name "Weld County, Colorado, its elected officials, and its employees" as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 12. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 13. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 14. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his/her designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Attn.: Address: Address: E-mail: Phone: County: Name: Position: Address: Address: E-mail: Phone: Name: Position: Address: Address: E-mail: Phone: All Cowboy Erosion Control, LLC Brady Buum 18722 CR 22 Fort Lupton, CO 80621 allcowboyerosioncontrol@gmail.com 720-343-6919 Clay Kimmi, P.E. Senior Engineer P.O. Box 758 1111 H St, Greeley, CO 80632 ckimmi@weldgov.com 970-400-3741 Lyndsay Holbrook MS -4 Coordinator P.O. Box 758 1111 H St, Greeley, CO 80632 lholbrook@weldgov.com 970-400-3788 15. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 16. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 17. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 18. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 19. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 20. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 21. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 22. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 23. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre- employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 24. Official Engineering Publications. Contractor acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contractor under this Agreement, and Contractor agrees to meet or exceed all standards set by these publications. Contractor further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount. 25. Compliance with Davis -Bacon Wage Rates. Contractor understands and agrees that, if required by the provisions of Exhibit A, the work shall be in compliance with the Davis- Bacon Wage Rates. (If compliance with this statute is required by County under this Agreement, a copy of the information is contained in Exhibit A, County's Request for Bid, and is a part this Agreement.) 26. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 27. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 28. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this g day of rktf , 2021. CONTRACTOR: {4,.\Covigros' riC JnkYOt Company Name By: Date :2)'11Ig \ Name: ri $Ol r' t 11 }rte __ Title:s�� WELD COUNTY: ATTEST: L (.444r/Leti 0;e1 Wel B BOARD OF COUNTY COMMISSIONERS to th - : oard WELD COUNTY, COLORADO " dia I Deputy C;to t, a =o ;Mr- j ; ve Moreno, Chair MAR 1 7 2021 �a 1- O X9,2-- EXHIBIT A BID REQUEST NO. B2100048 WELD COUNTY DEPARTMENT OF PUBLIC WORKS CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR PROJECT: EROSION CONTROL AND REVEGETATION CONTRACT FOR 2021 (WITH OPTIONS FOR 2022 AND 2023) JANUARY 27, 2021 Weld County Public Works Division of Engineering P.O. Box 758 1111 H Street Greeley, Colorado 80632 970-304-6496 BID NO #B2 100048 TABLE OF CONTENTS The following checked forms and provisions take precedence over plan drawings and supplement the 2019 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) which is to be used to administer the construction of this project. BIDDING REQUIREMENTS: *AII Bidders must submit these forms with their Bid. Notice to Bidders 1 Invitation for Bids 2 Instructions to Bidders 2-12 Bid Proposal 13-14 *Bid Schedule .15-27 *Acknowledgment of Bid Documents 18 *Bid Bond 19-20 *IRS Form W-9 21 *Statement of Qualifications and Subcontractors 22-25 WELD COUNTY CONTRACT FORMS: *Low Bidder must submit these forms prior to Contract Award. *Notice of Award 26 *Agreement 27-38 *Performance Bond 39-40 *Labor and Materials Payment Bond 41-42 Notice to Proceed 43 Change Order 44 WELD COUNTY PROJECT SPECIAL PROVISIONS: Special Provisions Index 45 Project Special Provisions 46-135 BID NO #B2 100048 REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: 01/27/2021 BID NUMBER: B2100048 DESCRIPTION: 2021 EROSION CONTROL AND REVEGETATION SERVICE MANDATORY PRE -BID MEETING: FEBRUARY 9, 2021 at 10 a.m. BID OPENING DATE: FEBRUARY 18, 2021 PRESENTATION TO BOCC: FEBRUARY 22, 2021 NOTICE OF AWARD: MARCH 8, 2021 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller/Purchasing Director (collectively referred to herein as, "Weld County"), wishes to purchase the following: Erosion Control and Revegetation Services for 2021 A mandatory pre -bid conference will be held on February 9, 2021 at 10 a.m. via a remote conference call. Conference call phone number is 720-439-5261 Conference ID number is 623643151#. Bids for the above stated merchandise, equipment, and/or services will be received at the Office of the Weld County Purchasing Dept. Thursday, February 18, 2021 at 10:00 a.m. (Weld County Purchasing Time Clock). Bids will be opened and read via a remote conference call. Conference call phone number is 720-439-5261 Conference ID number is 816400442# The project in general consists of: • Placing, maintaining and removing erosion control devices; • Seeding and mulching road construction projects and gravel pits throughout the calendar year as directed at various sites within the county. • The sites are located within Weld County, within a corridor from Weld County Road 1 to Weld County Road 157 and from Weld County Road 2 to Weld County Road 138. The services that will be requested may include any or all of the following: • Placement, maintenance and removal of erosion control devices: erosion logs, erosion bales, soil retention blankets, turf reinforcement mats, silt fences, and other items as requested. • Revegetation: soil preparation (tilling and ripping), drill seeding, broadcast seeding, hydraulic growth medium placement, placing sod, mulching, and hydraulic mulching. BID NO #B2100048 Page 1 The Contractor services will be requested by the County on an as -needed basis by issuing individual Internal Accounting forms (lAs) (aka "work order"). For each IA, the County will provide basic project information so the Contractor can prepare a detailed scope of work and cost estimate. The IA will be signed by both Weld County and the Contractor. This is an on -call construction services agreement. There is no guarantee that the County will need or utilize the services of the Contractor in any given year. There is no retainer paid by the County. The Contractor understands and agrees that there are no guarantees of specific tasks or quantities of services associated with the construction services agreement. The Contractor may or may not perform the erosion control and seeding services as circumstances require. Furthermore, the County is in no way obligated to utilize the Contractor in every applicable situation encountered. The construction services agreement shall commence on the date the Agreement is signed by the Board of County Commissioners and shall continue in full force until December 31, 2021. At the option of the County, the agreement may be extended for up to two additional one-year periods beginning on January 1 and ending on December 31. If the agreement is renewed, the Consultant will have the opportunity to revise the contract fee schedule in accordance with the "U.S. Bureau of Labor Statistics Consumer Price Index for Denver, Aurora, Lakewood, All Items, All Urban Consumers, Seasonally Unadjusted" or its successor index. PAGES 1 - 12 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 - 12 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 12. 2. INVITATION TO BID: Weld County requests bids for the purchase of the above -listed merchandise, equipment, and/or services. Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. Merchandise and/or equipment shall be delivered to the location(s) specified herein. Information concerning this request can be found on the BidNet Direct website at www.bidnetdirect.com. Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non- profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Delivery to Weld County Emailed bids are required. Bids shall be emailed to: bids@weldgov.com. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. Bids shall be in PDF format and shall be less than 25M in size. Please call Purchasing at 970-336-7225 if you have any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the BID NO #B2100048 Page 2 signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to the bid of the individual signing. When requested by the Weld County Controller/Purchasing Director, satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bids may be withdrawn upon written request to and approval of the Weld County Controller/Purchasing Director; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1., entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller/Purchasing Director for the premature opening of a bid not properly addressed and identified. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. Qualification of Bidders: Qualification statements, attached with this document, are required to be completed by Bidders. If requested by Weld County, a Statement of Qualifications will be completed for the Subcontractors listed by the Contractor within 72 hours of the request. Failure to submit qualifications may be cause for rejection of Bids. The Owner shall consider the following criteria in evaluating the Bidder's qualifications following the opening of Bids: Familiarization with the Work: Before submitting his Bid, each prospective Bidder shall familiarize himself with the Work, the site where the Work is to be performed, local labor conditions and all local, state and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. He shall carefully correlate his observations with requirements of the Contract Documents and Drawings and otherwise satisfy himself of the expense and difficulties attending performance of the Work. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this paragraph. Interpretation of Contract Documents to Prospective Bidders: Any prospective Bidder who discovers ambiguities or is in doubt as to the true meaning of any part of the Contract Documents or Drawings shall make a request to the Engineer for an interpretation thereof. Interpretations will be made only by Addenda, duly issued, and copies of each Addendum will be mailed or delivered to each Contract Document holder of record. Unless approved by the Controller/Purchasing Director, no interpretation Addenda will be issued within the last seven (7) days before the date set for opening of Bids. The BID NO #B2100048 Page 3 Bidder shall be solely responsible for any interpretation of the Contract Documents or Drawings other than by duly issued Addenda. Preparation of the Bid: Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Bids by partnerships must be executed in the partnership name and signed by a partner. His title must appear under his signature and the official address of the partnership must be shown below the signature. Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Names of all persons signing must be printed below their signatures. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. Modification or Withdrawal of Bid: Bids may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the final time set for receiving Bids. Bidders may modify or withdraw Bids by electronic communication at any time prior to the time set for receiving Bids provided the instruction is positively identified. Any electronic modification should not reveal the amended Bid price, but should provide only the addition, subtraction or modification. A duly executed document confirming the electronic modification shall be submitted within three days after Bids are opened. The Controller/Purchasing Director may at her sole discretion, release any Bid at any time. 4. AWARD AND EXECUTION OF CONTRACT Basis of Award: Only firm Bids will be considered. The award of the Contract, if it is awarded, will be to the lowest responsible bidder whose Bid compares favorably upon evaluation with other Bids. Weld County intends to award the Contract to the lowest responsible Bidder within the limits of funds available and to best serve its interests. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. Evaluation of Bids: The evaluation of Bids will include consideration of Subcontractors and suppliers. All Bidders shall submit a list of all Subcontractors he expects to use in the Work with the Bid. The experience statement with pertinent information on similar Projects shall be furnished with the name of each Subcontractor proposed to perform work on the project. The use of Subcontractors listed by the Bidder and accepted by County prior to the Notice of Award will be required in the performance of the Work. All Bidders shall submit with their Bid a list of the suppliers as indicated in the Bid Forms. Contract Execution: The successful Bidder shall be required to execute the Contract and to furnish the Performance Bond, Labor & Materials Payment Bond and Certificate of Insurance within ten (10) calendar days of receipt of the Notice of Award. The Certificate of Insurance shall name Weld County, Colorado, its elected officials, and its employees as additional insured parties. Failure to execute the contract and furnish the required paperwork within the time frame mentioned above shall be just cause for the annulment of the Award and, in the event of such annulment, the Award may then be made to another Bidder, or the County may reject all Bids or call for other Bids. The County, within ten (10) days of receipt of acceptable Performance Bid, Labor & Materials Payment Bond, and signed Contract from the successful Bidder will issue the Notice to Proceed. In submitting the bid, the bidder agrees that the signed bid submitted, all the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services, addendums, items posted to BidNet Direct, etc.), the successful bidder's response, BID NO #B2 100048 Page 4 and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract, which if required, has been made a part of this RFB. 5. PERFORMANCE, LABOR, MATERIAL AND PAYMENT BOND The successful Bidder shall be required to execute the Performance Bond and Labor & Materials Payment Bond in the amount of 100% of the Contract plus the value of the force account items, covering the faithful performance of the Contract and the payment of all obligations arising there -under. The Bonds shall be executed on the forms included with the Contract Documents by a surety company authorized to do business in the State of Colorado and acceptable as surety to Weld County. The Bidder shall deliver the Bonds to the Owner not later than the date of execution of the Contract. 6. INDIRECT COSTS Governmental Fees: The cost of all construction licenses, building and other permits, and governmental inspections required by public authorities for performing the Work, which are applicable at the time Bids are opened and which are not specified to be obtained by the County, shall be included in the Bid price. Royalties: The cost of all royalties and license fees on equipment and materials to be furnished and incorporated in the Work shall be included in the Bid price. Utilities: Unless otherwise specified, the Bidder shall include in his Bid the cost of all electrical, water, sane ary, gas, telephone, and similar facilities and services required by him in performing the Work. Cash Allowances: The Bidder shall include in his Bid such sums as he deems proper for overhead costs and profits on account of cash allowances named in the Bid Documents. 7. SITE CONDITIONS Familiarization with the Site: The prospective Bidder shall by careful examination, satisfy himself of the following: Nature and location of the site where the Work is to be performed. Character, quality, and quantity of surface and subsurface materials, water, structures and utilities to be encountered. Character of construction equipment and facilities needed for performance of the Work. General local conditions. Availability of lands as set forth in the General Conditions. Access to the Site: The Bidder shall carefully review the Drawings and the Project Special Conditions for provisions concerning access to the site during performance of the Work. The Bidder shall carefully review the locations of the site where the work is to be performed. The Bidder shall make all arrangements, as deemed necessary, for access to property outside of County Right of Way, prior to beginning the work. 8. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work BID NO #B2100048 Page 5 under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5- 101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 9. GENERAL PROVISIONS A. Fund Availability: Financial obligations of the Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Confidential Information: Confidential information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will withhold any information which is clearly marked CONFIDENTIAL and submitted separately. Weld BID NO #B2100048 Page 6 County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not BID NO #B2 100048 Page 7 be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent contractors performing construction services of a similar nature to those described in this Agreement. The successful bidder shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, the successful bidder's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, 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 the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such BID NO #B2 100048 Page 8 services and the provisions of this Agreement. Contractor further represents and warrants that all construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507: The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Compliance with Davis -Bacon Wage Rates: The successful bidder understands and agrees that, if required by the Scope of Work, the work shall be in compliance with the Davis- Bacon Wage Rates. V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners. BID NO #B2 100048 Page 9 W. Compensation Amount: Upon the successful bidder's successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order' authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement 10. INSURANCE REQUIREMENTS General Requirements: Successful bidders/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing Director by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Successful bidder/Contract Professional. Successful bidder/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder/Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account BID NO #B2100048 Page 10 of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its 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 successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, liability assumed under an insured contract (including defense costs assumed under contract, designated construction projects(s) general aggregate limit, ISO CG 2503 or equivalent additional insured —owners, lessees or successful bidders endorsement, ISO Form 2010 or equivalent, additional insured —owners, lessees or successful bidders endorsement, ISO CG 2037 or equivalent, the policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, Colorado, its elected officials, and its employees" named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Successful bidder, including completed operations" and the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury $50,000 any one fire; and $5,000 Medical payments one person BID NO #B2100048 Page 11 Automobile Liability: Successful bidder/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. Successful bidders/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the successful bidder/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder/Contract Professional's insurer shall name Weld County, Colorado, its elected officials, and its employees as an additional insured parties. Waiver of Subrogation: For all coverages, Successful bidder/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Successful bidder/Contract Professional. Successful bidder/Contract Professional shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID NO #B2100048 Page 12 BID PROPOSAL To: Weld County Purchasing Department P.O. Box 758, 1150 "O" Street Greeley, Colorado 80632 Attention: Rob Turf, Director of General Services Bid Proposal for: EROSION CONTROL AND REVEGETATION SERVICES FOR 2021 (WITH POSSIBLE EXTENSIONS FOR 2022 AND 2023) Pursuant to and in full compliance with all Contract Documents the undersigned Bidder hereby proposes to furnish all labor and materials and to perform all Work required for the complete and prompt execution of everything described or shown in or reasonably implied from the Bidding Documents, including the Drawings and Specifications, for the Work above indicated for the monies indicated below which includes all State, County and local taxes normally payable with respect to such Work. The amounts stated include all allowances for profit and overhead, taxes, fees and permits, transportation, services, tools and equipment, labor and materials and other incidental costs. The Bidder and all Sub -Bidders shall include in their bid all Sales and Use Tax if applicable. State of Colorado and Weld County tax shall not be included. Upon application, the State of Colorado Department of Revenue shall issue to a Bidder or Sub -Bidder a Certificate or Certificates of Exemption indicating that the purchase of construction or building materials is for a purpose stated in Section 39-26-114, CRS, and is free from Colorado State Sales Tax. EXAMINATION OF DOCUMENTS AND SITE The Bidder has carefully examined the Bidding Documents, including the Drawings and Specifications, and has examined the site of the Work, so as to fully appraise themselves of the conditions at the site and to gain a clear understanding of the Work to be executed and is thoroughly familiar with all local, state and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. PROPOSAL GUARANTEE This Bid Proposal is accompanied by the required Bid Bond of five percent (5%) based upon the Total Cost of all items required to be Bid. Weld County, Colorado is authorized to hold said Bid Bond for a period of not more than sixty (60) days after the opening of the Bids for the Work indicated, unless the undersigned Bidder is awarded the Contract within said period, in which event the Owner may retain said Bid Bond until the undersigned Bidder has executed the required Agreement and furnished the required Performance Bond, Labor & Materials Payment Bond, and Certificates of Insurance. TIME OF COMPLETION The Bidder agrees to make their best effort to complete the entire Project as soon as possible and within the time specified in the Project Special Conditions after the issuance of the Notice to Proceed subject to the CDOT Standard Specifications for Road and Bridge Construction, Section 108. EXECUTION OF DOCUMENTS The Bidder understands that if this Bid Proposal is accepted, they must execute the required Agreement and furnish the required Performance Bond, Labor & Materials Payment Bond and Insurance Certificates within ten (10) days from the date of Notice of Award. METHOD OF AWARD The Owner reserves the right to reject any Bid from any Bidder whom the Owner deems is unfit or unqualified to complete the Work as specified regardless of the amount of the Bid. BID NO #B2 100048 Page 13 It is understood by the Bidder how Bids shall be awarded and that should the cost of the Bid exceed budgeted funds, the Owner reserves the right to reject any or all Bids or portions of Work Bid or the use of any of the methods stated in the Instructions to Bidders to obtain the most advantageous Bid price. All bids will be reviewed by the Owner and Engineer. All mathematics will be checked and the correct total used for determining the low bidder. BID NO #B2100048 Page 14 2021 BID SCHEDULE ITEM ITEM DESCRIPTION UNIT EST QTY UNIT PRICE ($) TOTAL PRICE ($) 101 PROJECT MANAGEMENT (ONSITE MEETINGS) HR 60 201 CLEARING AND GRUBBING ACRE 10 202 REMOVAL OR MAINTENANCE OF AGGREGATE BAG LF 1,500 202 REMOVAL OR MAINTENANCE OF CONSTRUCTION FENCE LF 2,000 202 REMOVAL OR MAINTENANCE OF EROSION BALES EACH 150 202 REMOVAL OR MAINTENANCE OF EROSION LOGS LF 8,000 202 REMOVAL OR MAINTENANCE OF ORANGE CRUSH ECO-GUARD BAGS (RETURN TO PUBLIC WORKS) EACH 50 202 REMOVAL OR MAINTENANCE OF SEDIMENT BASIN (L= 20 FOOT, W=5 FOOT, D= 2 FOOT) EACH 0 202 REMOVAL OR MAINTENANCE OF SILT FENCE LF 15,000 207 TOPSOIL CY 50 208 AGGREGATE BAG (9 INCH) LF 500 208 EROSION BALES (WEED FREE) EACH 100 208 EROSION LOGS (TYPE 1) (12 INCH) LF 2,000 208 ORANGE CRUSH ECO-GUARD BAGS (9 INCH) (10 FOOT) EACH 50 208 SEDIMENT BASIN (L= 20 FOOT, W=5 FOOT, D= 2 FOOT) EACH 0 208 SEDIMENT REMOVAL AND DISPOSAL HR 100 208 SILT FENCE LF 5,000 212 BROADCAST SEEDING (NATIVE) SY 500 212 HYDRAULIC (SEEDING)(NATIVE) (NORTH OF WCR 74) ACRE 10 212 HYDRAULIC (SEEDING)(NATIVE) (SOUTH OF WCR 74) ACRE 10 212 SEEDING (NATIVE) (ROADWAY) (NORTH OF WCR 74) ACRE 20 212 SEEDING (NATIVE) (ROADWAY) (SOUTH OF WCR 74) ACRE 20 212 SEEDING (NATIVE)(KOENIG, BEARSON, AND HOKESTRA GRAVEL PITS) ACRE 20 212 SEEDING (NATIVE)(KOSKIE, LEHR, PIERCE NORTH, ASHBAUGH, FISCUS NORTH, AND GEISERT GRAVEL PITS) ACRE 40 212 SEEDING (NURSE CROP) ACRE 10 212 SOD (LAWN) SF 0 212 SOIL CONDITIONING ACRE 25 213 BIOTIC EARTH - HGM BLACK (4,500 LBS/ACRE) ACRE 28 213 BONDED FIBER MATRIX (MANUFACTURER'S RECOMMENDED RATE) ACRE 1 213 HYDRAULIC MULCH (2,000 LBS/AC) ACRE 20 213 MULCH (STRAW) (WEED FREE) (1.5 TONS/ACRE) ACRE 100 213 MULCH TACKIFIER (200 LBS/ACRE) + WOOD MULCH (300 LBS/ACRE) ACRE 40 214 SEEDING MAINTENANCE (WATERING) HR 10 216 CLASS 3 TRM (PYRAMAT-75 OR APPROVED EQUIVALENT) SY 500 216 SOIL RETENTION BLANKET (STRAW/COCONUT) SY 2,000 BID NO #B2 100048 Page 15 ITEM ITEM DESCRIPTION UNIT EST QTY UNIT PRICE ($) TOTAL PRICE ($) 607 CONSTRUCTION FENCING (ORANGE PLASTIC W/ T -POSTS) LF 1,000 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 202) EACH 15 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 208) EACH 8 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 212 AND 213) EACH 15 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 216) EACH 1 626 MOBILIZATION NORTH OF HWY 34 (ITEM 607) EACH 1 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 202) EACH 15 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 208) EACH 8 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 212 AND 213) EACH 10 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 216) EACH 1 626 MOBILIZATION SOUTH OF HWY 34 (ITEM 607) EACH 1 630 TRAFFIC CONTROL - LANE CLOSURE (WTH FLAGGERS) (MUTCD TA -10) DAY 10 630 TRAFFIC CONTROL - SIGNS ONLY (NO FLAGGERS) (MUTCD TA -6) DAY 20 *The above quantities are provided as information only and are used solely for selecting the lowest responsible bidder, actual quantities may vary. TOTAL COST BID NO #B2 100048 Page 16 RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. Date: By: Addendum No. Date: By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for bid for Request No. #B2100048 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. FIRM BY (Please print) BUSINESS ADDRESS CITY, STATE, ZIP CODE DATE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. BID NO #B2100048 Page 17 ACKNOWLEDGEMENT OF BID DOCUMENTS Bid Opening Checklist: All the following pages must be submitted with every bid submittal. Failure to Submit any of these documents will disqualify your bid. ❑ 2021 Bid Schedule. All columns on the bid tab are to be completed. For bid items with quantities of zero, Weld County still wants a unit price for the bid item. Those bid items will subsequently carry over to the total Colum as $0. The purpose of the bid items with zero quantities is to allow Weld County the flexibility to potentially use the erosion control contractor to perform those specified tasks during possible contract renewals. ❑ Bid Bond ❑ IRS Form W-9 ❑ Statement of Qualifications and Subcontractors ❑ Receipt of addenda(s), if any, should be signed. I have initialed each of the above items and have fully executed the corresponding documents. I hereby Acknowledge and understand the above required bid documents. (Contractor) Dated this day of , 20 By: Title: BID NO #B#2 100048 Page 18 BID BOND PROJECTS: EROSION CONTROL AND REVEGETATION SERVICES FOR 2021 KNOW ALL MEN BY THESE PRESENTS, that as Principal, and as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of Dollars ($ ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated , 2021 for the PROJECTS: EROSION CONTROL AND REVEGETATION SERVICES FOR 2021 as set out in the accompanying Bid. WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform. NOW THEREFORE, if the principal shall, within the period specified therefore: A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B. Withdraw said Bid within the time specified, or C. Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this day of , 2021 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing board. Principal Address ATTEST: By: ATTEST: By: By: Surety Address BID NO #B2100048 Page 19 INSTRUCTIONS The full firm name and residence of each individual party to the bond must be inserted in the first paragraph. If the principal is a partnership, the full name of all partners must be inserted in the first paragraph which must recite that they are partners composing the partnership (to be named), and all partners must execute the bond as individuals. The state of incorporation of each corporate party to the bond must be inserted in the first paragraph and the bond must be executed under the corporate seal of said party attested by its secretary or other authorized officer. Power of Attorney must accompany this bond when signed by other than an officer of either the principal or surety. A standard printed bond form may be used in lieu of the foregoing form provided that the security stipulations protecting the Owner are not in any way reduced by use of such standard printed bond form. BID NO #B2 100048 Page 20 Form W-9 (Rev. August 2013) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. Print or type See Specific Instructions on page 2. Name (as shown on your income tax return) Business name/disregarded entity name, if different from above Check appropriate E Individual/sole ❑ Limited liability box for federal tax classification: proprietor ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ► Trust/estate I. Exemptions Exempt payee Exemption code (if any) (see instructions): code (if any) from FATCA reporting Other (see instructions) Address (number, street, and apt. or suite no.) Requester's name and address (optional) City, state, and ZIP code List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Social security number Employer identification number Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below), and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Here Signature of U.S. person ► Date ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. The IRS has created a page on IRS.gov for information about Form W-9, at www.irs.gov/w9. Information about any future developments affecting Form W-9 (such as legislation enacted after we release it) will be posted on that page. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, payments made to you in settlement of payment card and third party network transactions, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form tif any) indicating that you are exempt from the FATCA reporting, is correct. Note. If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income. Cat. No. 10231X Form W-9 (Rev. 8-2013) STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable, responsible and qualified bidder as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. 1. Name of Bidder (Company or Firm): 2. Permanent main office address: Phone Number: Fax Number: 3. Year Company was organized: 4. Number of years this Company has been engaged similar construction: Under what firm, company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work? 5. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: $ 6. List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. 7. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. BID NO #B2100048 Page 22 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. 9. List all contracts within the last 3 years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. 10. Has any owner, as party to any of the Company's contracts within the last 3 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc., or attempted to have the performance bond invoked? If yes, explain in detail. 11. Describe all contracts that the Company failed to complete. 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. 13. List all or a maximum of three (3) of the most recent projects, similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction at the present time. List the project name, location, project superintendent, owner's representative and phone number, date completed and contract amount for each project. Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: BID NO #B2 100048 Page 23 Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: 14. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15% OR MORE OF THE WORK. SUBCONTRACTOR WORK DESCRIPTION % OF WORK 15. List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc. YRS. PERTINENT NAME TITLE EXPERIENCE 16. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. BID NO #B2100048 Page 24 The undersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this day of , 2021. Bidder: Company By: Signature Name: (Please Type) Title: NOTARY County of ss. State of being duly sworn, deposes and says that he is of, (Title) and that the answers to the foregoing questions (Company Name) and all statements therein contained are true and correct. Subscribed and sworn before me this day of, 2021. (SEAL) Commission Expires Notary Public BID NO #B2100048 Page 25 NOTICE OF AWARD PROJECT: EROSION CONTROL AND REVEGETATION SERVICES FOR 2021 To: Project Description: The project in general consists of: placing, maintaining and removing erosion control devices; seeding and mulching road construction projects and gravel pits throughout the calendar year as directed at various sites within the county; and the sites are generally within a corridor from Weld County Road 1 to Weld County Road 157 and from Weld County Road 2 to Weld County Road 138. The services that will be requested may include any or all of the following: placement, maintenance and removal of erosion control devices: erosion logs, erosion bales, soil retention blankets, turf reinforcement mats, silt fences, and other items; and revegetation: soil preparation (tilling and ripping), drill seeding, broadcast seeding, hydraulic seeding, placing sod, mulching, and hydraulic mulching. This project is not subject to Federal or State contract requirements. The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of $ or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish the required Performance Bond, Payment Bond and Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this day of , 2021 Weld County, Colorado, Owner By: Lyndsay Holbrook, MS4 Coordinator ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this day of , 2021 By: Title: BID NO #B2100048 Page 26 EXAMPLE WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & 2021 EROSION CONTROL AND REVEGETATION SERVICES CONTRACT THIS AG RE _ MENT is made and entered into this day of , 202', 3y ano between the County f Welo, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and , [an individual], [a limited liability partnership] [a limited liability company] [a corporation], who whose address is , hereinafter referred to as "Contractor". WHEREAS, Weld Cunty Public Works is in need of annual erosion control and revegetatio services throughout the County, (hereinafter referred to as the "Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the erosion control and/or reveget ;tion of the identified project sites, and WHEREAS, County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit A; HER _ ' 39 Contractor is willing to perform and has the specific ability to perform the required Construction Services at or below the cost set forth in Exhibit B; WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NO\„'�' THEF!EFORE, in consideration of the mutual promises and covenants contai the parties hereto agree as follows: ed herein, 1. Introducto.n The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree tha: this Agreement, including specifically Exhibits A and B, define the p rfobligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B2100048". The RFP contains all of the specific requirements of County. Exhibit consists of ontracyor's Respoise to County's Request for Bid. The Respnse confirms Contractor's obligations under this Agr-ement. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary f the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit A which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"), to perform the services described on attached Exhibit A. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to th•,se described in this Agreement. Contractor P "ter- .4... BID NO #B2100048 Page 27 shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Exhibit A within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. In its sole discretion, the County, by the Director of the Department of Public Works or his/her designee may extend the time for the Contractor to complete the service of work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 2. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibit A. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. If the County opts to renew the Contract, the Contractor will have an opportunity to provide a revised fee schedule, if any, for the upcoming Contract term. The increased costs shall be based upon the Denver -Boulder -Greeley Consumer Price Index and the market price for straw. 3. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 4. Extension ° viodificcatoon. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely BID NO #B2100048 Page 28 executed and issued in strict accordance with this Agreement, Contractor's rights with r-,soect to such additional services shall be deemed waived and such Failure shall result in non-payment for such additional services or work performed. Co pensation/Contract Amount Upon Contractor's successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay an a mount no greater than , which is the bid set forth in Exhibit Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered r? nd expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment mace by County to Contractor was improper because the material/service/equipment for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiralon 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 paymants made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 f the Colorad Revisad Statutes, the Local Government Budget Law (C.R.S. 29-1-10' et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) • • 5. Independent Cntractore Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contractor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance BID NO #B2100048 Page 29 matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit A), and (b) provide proof thereof when requested to do so by County. 6. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 7. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 8. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 9. Warranty. Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies caused by contractors workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 10. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of BID NO #B2100048 Page 30 the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the construction completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 11 Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above - described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. Any modification to these requirements must be made in writing by Weld County. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Indemnity: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The BID NO #B2 100048 Page 31 Contractor in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Employers Liability) Statutory $500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and liability assumed under an insured contract. The policy shall be endorsed to include 1) the Additional Insured Endorsements CG 2010 (or equivalent), 2) CG 2037 Additional Insured for products/completed operations, and 3) the Designated Construction Projects General Aggregate Endorsement CG 2503. The policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, Colorado, its elected officials, and its employees" named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations" and the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury $50,000 any one fire; and $5,000 Medical payment one person Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Additional provisions: BID NO #B2100048 Page 32 Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: i. If any aggregate limit is reduce by twenty-five percent (25%) or more by paid or reserved claims, Contractor shall notify County within ten (10) days and reinstate the aggregates required; ii. Unlimited defense costs in excess of policy limits; iii. Contractual liability covering the indemnification provisions of this Agreement; iv. A severability of interests provision; v. Waiver of exclusion for lawsuits by one insured against another; vi. A provision that coverage is primary; and vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by County. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name "Weld County, Colorado, its elected officials, and its employees" as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 12. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. BID NO #B2 100048 Page 33 13. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 14. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his/her designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Attn.: President, Address: Address: E-mail: Facsimile: County: Name: Position: Address: Address: E-mail: Facsimile: Name: Position: Address: Address: Clay Kimmi, P.E. Senior Engineer P.O. Box 758 1111 H St, Greeley, CO 80632 ckimmi@weldgov.com 970-400-3741 Lyndsay Holbrook MS -4 Coordinator P.O. Box 758 1111 H St, Greeley, CO 80632 BID NO #B2100048 Page 34 E-mail: Iholbrook@weldgov.com Facsimile: 970-400-3788 15. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 16. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 17. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 18. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 19. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 20. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 21. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express BID NO #B2100048 Page 35 intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 22. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 23. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5- 102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24- 76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24- 76.5-103 prior to the effective date of the contract. BID NO #B2 100048 Page 36 24. Official Engineering Publications. Contractor acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contractor under this Agreement, and Contractor agrees to meet or exceed all standards set by these publications. Contractor further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount. 25. Compliance with Davis -Bacon Wage Rates. Contractor understands and agrees that, if required by the provisions of Exhibit A, the work shall be in compliance with the Davis- Bacon Wage Rates. (If compliance with this statute is required by County under this Agreement, a copy of the information is contained in Exhibit A, County's Request for Bid, and is a part this Agreement.) 26. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 27. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 28. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. {The remainder of this page left blank intentionally) BID NO #B2 100048 Page 37 IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of , 2021. CONTRACTOR: Company Name By: Name: Title: Date WELD COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Steve Moreno, Chair BID NO #B2100048 Page 38 PERFORMANCE BOND PROJECT: EROSION CONTROL AND REVEGETATION SERVICES FOR 2021 KNOW ALL MEN BY THE PRESENTS; that (Name of Contractor) (Address of Contractor) hereinafter called Contractor, and a (Corporation, Partnership, or Individual) (Name of Surety) (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado, P.O. Box 758, 1111 H Street, Greeley, Colorado 80632, hereinafter called Owner, in the penal sum of Dollars, ($ ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of , 2021, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT Erosion Control and Revegetation Services for 2021 described in the Invitation for Bids, Bid No. B2100048 NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. BID NO #B2100048 Page 39 PERFORMANCE BOND PROJECT: EROSION CONTROL AND REVEGETATION SERVICES FOR 2021 IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of 2021. Contractor By (Contractor) Secretary (SEAL) (Witness as to Contractor) (Address) (Address) ATTEST: (Surety) Secretary (SEAL) By Witness as to Surety Attorney -in -Fact (Address) (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID NO #B2 100048 Page 40 LABOR & MATERIALS PAYMENT BOND PROJECT: EROSION CONTROL AND REVEGETATION FOR 2021 KNOW ALL MEN BY THE PRESENTS; that (Name of Contractor) (Address of Contractor) hereinafter called Contractor, and a (Corporation, Partnership, or Individual) (Name of Surety) (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado, P.O. Box 758, 1111 H Street, Greeley, Colorado 80632, hereinafter called Owner, in the penal sum of Dollars ($ ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of , 2021, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: Erosion Control and Revegetation Services for 2021 described in the Invitation for Bids, Bid No. B2100048. NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void,; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. BID NO #B2 100048 Page 41 LABOR & MATERIALS PAYMENT BOND IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of 2021. Contractor By (Contractor) Secretary (SEAL) (Witness as to Contractor) (Address) (Address) ATTEST: (Surety) Secretary (SEAL) By Witness as to Surety Attorney -in -Fact (Address) (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID NO #B2100048 Page 42 NOTICE TO PROCEED PROJECT: EROSION CONTROL AND REVEGETATION SERVICES FOR 2021 To: Date: PROJECT: EROSION CONTROL AND REVEGETATION SERVICES FOR 2021 described in the Invitation for Bids, Bid No. B2100048. You are hereby notified to commence Work in accordance with the Agreement dated . The date of completion of all Work is therefore Weld County, Colorado, Owner By Lyndsay Holbrook, MS -4 Coordinator ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: (Contractor) Dated this day of , 2021. By Title BID NO #B2100048 Page 43 CHANGE ORDER NO. (EXAMPLE) Date: Project: EROSION CONTROL AND REVEGETATION SERVICES FOR 2021 described in the Bid No. B2100048 Owner: Weld County, Colorado Contractor: The following change is hereby made to the Contract Documents: CHANGE TO CONTRACT PRICE: Original Contract Price: Current Contract Price adjusted by previous Change Order: The Contract Price due to this Change Order will be increased by: The new Contract Price, including this Change Order, will be: CHANGE TO CONTRACT TIME: The Contract Time will be increased by calendar days. The date for completion of all Work will be RECOMMENDED: Owner Representative: Date: Engineer: Date: APPROVALS: Contractor: Date: Owner: Date: BID NO #B2 100048 Page 44 WELD COUNTY PUBLIC WORKS DEPARTMENT The Colorado Department of Transportation 2019 Standard Specifications for Road and Bridge Construction controls construction of this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. PROJECT SPECIAL PROVISIONS Page Notice to Bidders 46 Commencement and Completion of Work 47 Revision of Section 101 — Definition of Terms 48 Revision of Section 102 — Bidding Requirements and Conditions 50 Revision of Section 103 — Consideration of Proposals 51 Revision of Section 104 — Scope of Work 52 Revision of Section 105 — Control of Work 54 Revision of Section 106 — Control of Material 60 Revision of Section 107 — Legal Relations and Public Responsibility 62 Revision of Section 108 — Prosecution and Progress 64 Revision of Section 109 — Measurement and Payment 65 Revision of Section 201 — Clearing and Grubbing 66 Revision of Section 202 — Removal and Maintenance of Erosion Logs (12 inch, 10 foot), Erosion Bales, Silt Fence, and Sediment Basins (L=20 ft, W = 5ft, D=2ft) 67 Revision of Section 207 — Topsoil 68 Revision of Section 208 — Erosion Control 75 Revision of Section 212 — Seeding, Fertilizer, Soil Conditioner, and Sodding 107 Revision of Section 213 — Mulching 128 Revision of Section 216 — Soil Retention Covering 129 Revision of Section 626 — Mobilization 132 Revision of Section 630 — Construction Zone Traffic Control 133 Traffic Control Plan — General 134 Utilities Coordination 135 BID NO #B2 100048 Page 45 NOTICE TO BIDDERS The proposal guaranty shall be a certified check, cashier's check, or bid bond in the amount of 5 percent (5%) of the Contractor's total bid. Pursuant to subsections 102.04 and 102.05, it is recommended that bidders on this project review the work site and plan details. Information regarding the project may be obtained from the following authorized representatives:. Clay Kimmi, P.E. Project Manager Weld County Public Works Department 1111 H Street Greeley, CO 80632 Office Phone: 970-3400-3741 Lyndsay Holbrook, MS -4 Coordinator Weld County Public Works Department 1111 H Street Greeley, CO 80632 Office Phone: 970-400-3788 The above referenced individuals are the only representatives with authority to provide any information, clarification, or interpretation regarding the plans, specifications, and any other contract documents or requirements. BID NO #B2100048 Page 46 COMMENCEMENT AND COMPLETION OF WORK The Contractor shall be available to commence the work required by the Contract Documents within 10 calendar days after date of the "Notice to Proceed". This contract is for erosion and vegetation services on a project by project need for a term of one (1) year of date shown on "Notice to Proceed" and the Agreement may be extended for additional one-year periods, not to exceed two (2) additional one-year periods, upon mutual written agreement of the parties as described in the contract documents. BID NO #B2100048 Page 47 1 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 "Colorado Department of Transportation, Standard Specifications for Road and Bridge Construction" dated 2019. Where the Contract Documents, Project Special Provisions, or the CDOT Specifications contradict one another, the more stringent specification shall apply. Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have different meanings within the scope of this Contract. A summary of redefinitions follows: Subsection 101.09 "CDOT Resident Engineer" shall mean an employee designated as such by the Weld County Public Works Department. Subsection 101.28: "Department" shall mean the Weld County Public Works Department. Subsection 101.29:"Chief Engineer" shall mean the Weld County Public Works Director or designated representative. Subsection 101.36: Holidays recognized by Weld County are: New Year's Day President's Day *Memorial Day (May 31 and June 1) Independence Day Labor Day Veterans Day *Thanksgiving (November 25 and November 26) Christmas (December 24) *Verify with the project manager which days are considered the extra days. 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. Subsection 101.37: "Inspector" shall mean an employee designated as such by the Weld County Public Works Department. Subsection 101.48: "Pre -construction Conference" shall mean a meeting of Weld County personnel, Contractor project personnel, and other stakeholders held prior to the beginning of construction at which topics pertinent to the successful prosecution of the work are discussed. Subsection 101.51 "Project Engineer" shall mean an employee designated as such by the Weld County Public Works Department. Subsection 101.58: "Region Transportation Director" shall mean Weld County Public Works Director or designated representative. Subsection 101.65: "Roadway Prism" shall be defined as the prism of embankment extending from toe of embankment slope to the opposite toe of embankment slope. Subsection 101.76:"State" shall mean Weld County. BID NO #B2100048 Page 48 2 REVISION OF SECTION 101 DEFINITION OF TERMS Subsection 101.96:"Substantial completion" shall mean the completion of all payable work as shown on the pay application. Only non -payable or minor items, as determined by Weld County, may be placed on the punch list. All references to State, CDOT, and the Department of Transportation shall be defined as Weld County acting directly or through its duly authorized representative or agent. END OF SECTION BID NO #B2 100048 Page 49 1 REVISION OF SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS Section 102 of the Standard Specifications is hereby revised for this project as follows: Subsection 102.02 shall be revised as follows: In the first paragraph, delete "The Department will publish bidding opportunities to prospective bidders on the CDOT Business Center website." and replace with "The Department will publish bidding opportunities to prospective bidders at www.bidnetdirect.com. Delete the second paragraph and replace with: "All bidders on the projects shall submit bids by the following method: Bid Delivery to Weld County: Emailed bids are required. Bids may be emailed to: bidsAweldoov.com. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. Bids shall be in PDF format and shall be less than 25MB in size. For PDF bids larger than 25MB, the bids shall be uploaded to BidNet Direct. Please call Purchasing at 970-336-7225 if there are any questions. Subsection 102.05 shall include the following: Weld County does not warrant any CAD data. This information is not considered to be part of the Contract and is provided to the Contractor as a courtesy. If the bidders use the CAD data in preparing a proposal or planning and prosecuting the work, it is at their own risk, and bidders are responsible for all conclusions, deductions, and inferences drawn from the CAD data. The CAD data shall not be used in relation to any request for additional time or compensation. After the proposals have been opened, the winning bidder may obtain electronic sets of plans and special provisions (PDF, CAD files) at no cost. Subcontractors and suppliers may obtain plans from the successful bidder. END SECTION BID NO #B2100048 Page 50 1 REVISION OF SECTION 103 CONSIDERATION OF PROPOSALS (LCPTRACKER NOT USED) Section 103 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 103.01 and replace with the following: 103.01 Consideration of Proposals. After the proposals (bids) are opened and read, they will be evaluated and the Contract awarded or rejected in accordance with the "Rules" referenced in subsection 102.01 Delete subsection 103.03 and replace with the following: 103.03 Requirement of Contract Bonds. At the time of the execution of the Contract, the successful bidder shall furnish a Contract Payment Bond and a Contract Performance Bond. Each bond shall be in a penal sum equal to the nearest integral one hundred dollars in excess of the sum of the original bid items plus all force account items specified in the project special provisions to be included in the payment and performance bonds. The Contract Payment Bond and the Contract Performance Bond shall remain in full force and effect for the term of the Contract. The bonds and the security shall be acceptable to the Department. END OF SECTION BID NO #B2100048 Page 51 1 REVISION OF SECTION 104 SCOPE OF WORK Section 104 of the Standard Specifications is hereby revised for this project as follows: Delete Subsection 104.02(a) and replace as follows: 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 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 ROVV). 3. Existing asphalt thicknesses that are different than expected. 4. Lack of on -site appropriate strength materials. 5. Increased costs due to relocations of utilities and/or oil and gas facilities. 6. Increased costs due to ROW or easement acquisitions. 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 the river due to stormwater runoff or snowmelt. The Contractor shall be expected to manage the risks associated with flows in the river in order to meet the project completion date. 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 it could not reasonably worked around the condition so as to avoid additional costs. Each request for a change order relating to a differing site condition shall be accompanied by a statement signed by a qualified professions setting forth all relevant assumptions made by the Contractor with respect to the condition of the Site, justifying the basis for such assumptions, explaining exactly how the existing conditions are eligible for a change order under the terms of the Contract, and stating the efforts undertaken by the Contractor to find alternative design or construction solutions to eliminate or minimize the problem and the associated costs. Upon written notifications, 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. Lost opportunity shall not be considered part of the calculations. The Contractor's engineering costs will be reimbursable only for outside consultant costs that are verified by certified billings. BID NO #B2 100048 Page 52 2 REVISION OF SECTION 104 SCOPE OF WORK Weld County's engineering costs shall be actual consultant costs billed to Weld County and extraordinary in-house personnel labor costs. These labor costs will be calculated at the fixed amount of $100.00 per hour per employee. Project personnel assigned to the field office or who work on the project on a regular basis shall not be included in Weld County's portion of the costs. END OF SECTION BID NO #B2100048 Page 53 1 REVISION OF SECTION 105 CONTROL OF WORK Section 105 of the Standard Specifications is hereby revised for the project as follows: Subsection 105.01 shall be revised to include the following: Weld County has the authority by written order to suspend the Work wholly or in part for the reasons delineated in the Contract Documents. All employees shall have the skill and experience and any licenses or certifications required to perform the Work assigned to them. If the County determines in its sole discretion that any Person employed by the Contractor or by any Subcontractor is not performing the Work properly and skillfully, then, at the written request of the County, the Contractor or such Subcontractor shall remove such Person and such Person shall not be re-employed on the Project without the prior written approval of the County. If the Contractor or the Subcontractor fails to remove such Person(s) or fails to furnish skilled and experienced personnel for the proper performance of the Work, then the County may, in its sole discretion, suspend the affected portion of the Work by delivery of written notice of such suspension to the Contractor. Such suspension shall in no way relieve the Contractor of any obligation contained in the Contract Documents or entitle the Contractor to a Change Order. Weld County in its sole discretion may require the Contractor to replace project management staff (Project Manager, Superintendent, Project Engineer, etc.) for any reason. This will also apply to all the Contractor's subcontractors. At the written request of the County, the Contractor or such Subcontractor shall remove such Person and such Person shall not be re-employed on the Project without the prior written approval of the County. If the Contractor or the Subcontractor fails to remove such Person(s), then the County may, in its sole discretion, suspend the affected portion of the Work by delivery of written notice of such suspension to the Contractor. Such suspension shall in no way relieve the Contractor of any obligation contained in the Contract Documents or entitle the Contractor to a Change Order. Subsection 105.02 shall include the following paragraphs prior to Subsection 105.02(a): Provisions regarding plans, shop drawings, working drawings and construction documents are set forth in the Contract Documents. For the purposes of review, working drawings are the same as shop drawings and shall be reviewed in the same manner. Subsection 105.02(f), paragraph 3 shall be revised to include the following: The Contractor shall provide "As -Constructed" drawings prior to final payment. The As -Constructed drawings shall be completed in accordance with Section 121.2.3 of the CDOT Construction Manual and CDOT Procedural Directive 508.1 — Professional Engineer's Stamp. The As -Constructed drawings shall be stamped, signed, and dated by a licensed professional engineer or professional land surveyor registered in the State of Colorado. References in Section 121.2.3 of the CDOT Construction Manual to the Project Engineer shall apply to the Contractor. Delete Subsection 105.03, paragraph 5 and replace with the following: When the Engineer or Inspector finds the Materials furnished, Work performed, or the finished product are not in conformity with the Contract Documents, and Weld County determines, in its sole discretion, that it has resulted in an inferior or unsatisfactory product, the Work or Materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor. BID NO #B2 100048 Page 54 2 REVISION OF SECTION 105 CONTROL OF WORK Delete Subsection 105.03, paragraph 7 and replace with the following: Materials will be sampled and tested by the Contractor in accordance with the sampling and testing schedules and procedures contained in the Contract Documents. The quantity represented by five consecutive random samples will constitute a lot whenever production schedules and material continuity permit. The Engineer may establish a lot consisting of the quantity represented by any number of consecutive random samples from one to seven inclusive when it is necessary to represent short production runs, significant Material changes, or other unusual characteristics of the Work. Tests that are determined to have sampling or testing errors will not be used. The Contractor will not have the option of accepting a price reduction in lieu of producing Material that complies with the Contract Documents. Continued production of nonconforming Material will not be permitted. Material, which is obviously defective, may be isolated and rejected by Weld County without regard to sampling sequence or location within a lot. Rejected material shall be removed at the Contractor's expense. Subsection 105.03 the two paragraphs following the TABLE OF PRICE REDUCTION FACTORS and starting with "If P is less ..." shall be deleted and replaced as follows: If P is a negative number quantity, the material will be accepted as being in conformity. In cases where one or more elements show a positive P value, such positive values will be added and the resulting sum will be used to determine the total P value. If the total P value is between 0 (zero) and 25, the Engineer may require correction or may accept the material at a reduced price. If P is greater than 25, the Engineer may: (1) require complete removal and replacement with specification material at no additional cost to the Department; (2) require corrective action to bring the material into conformity at no additional cost to the Department; or (3) where the finished product is found to be capable of performing the intended purpose and the value of the finished product is not affected, permit the Contractor to leave the material in place with an appropriate price reduction to be based on engineering evaluation but not to be less than that which have occurred had a reduction been made where P=25. If the P for aggregate gradation for items 206, 304, or the gradation of hydrated lime for item 403 is 0 (zero) or greater the reduction will apply to the contract price multiplied by the Multipliers (M) listed in the following table: Subsection 105.03(c) shall be added and shall include the following: (c) Conformity to the contract of embankment construction shall be determined in accordance with the following: 1. Process Control Plan. The Contractor shall be responsible for Process Control (PC) for all embankment material on this project. The Contractor shall submit a written Process Control Plan (PCP), including a methods statement, to the Engineer for acceptance. The PCP shall include but not be limited to the following: (1) Maximum lift thickness of eight inches in accordance with subsection 203.06 or as directed. (2) Compaction equipment capable of obtaining the specified compaction. (3) Water trucks with an adequate distribution system that will apply water evenly. BID NO #B2100048 Page 55 3 REVISION OF SECTION 105 CONTROL OF WORK (4) List of all inspection and materials testing forms and procedures utilized by the Contractor. (5) Adherence to Table 106-4 requiring minimum testing frequency. The Contractor shall submit the PCP at least five working days prior to the start of the work. The Engineer's review of the PCP will not exceed two working days. Work shall not begin until the PCP has been accepted in writing, unless otherwise approved. 2. Documentation. The Contractor shall maintain current records of process control operation activities, and tests performed. These records shall be in the form shown in the PCP, and shall include as a minimum, the Contractor or subcontractor, the number of personnel working, weather conditions, type of equipment being used, delays and their cause, and deficiencies along with corrective action taken. Such records shall cover both conforming and defective or deficient features. Additional documentation to the Engineer shall include all daily test results, daily inspection reports, daily non-compliance reports, and monthly certification reports. Copies of these records and a statement that work incorporated in the project complies with the Contract shall be submitted to the Engineer prior to payment for the work or upon request. Monthly certification reports shall be stamped with the seal of a Professional Engineer registered in Colorado. Failure to provide the Engineer with the necessary documentation will result in the suspension of payments on embankment until the documentation has been completed and accepted by the Engineer. Weld County Owner Acceptance (OA) documentation shall not be used as supporting documentation for the Contractors certification. Weld County shall be responsible for OA and Independent Assurance Testing (IAT). Table 105-5, "V" Factors and Incentive Payments — Flexural Strength Criteria shall be revised as follows: The Lower Tolerance Limit, TL shall be 650 psi. Subsection 105.07(b)(1) shall be revised as follows: Delete the last sentence of the twelfth paragraph and replace with the following: "Within 24 hours after each profile is collected, the Contractor shall submit the data electronically to the Engineer and Inspector." Subsection 105.07(e) shall be revised as follows: Delete paragraph 1 and replace with the following: The Department will analyze the SA testing for acceptance and indicate areas requiring corrective work in accordance with subsection 105.07(b). The Engineer, at their sole discretion, shall determine the most effective corrective action outlined in items 1-3 below. The Contractor shall provide a detailed method statement describing the corrective actions to be taken for the corrective work. Corrective work shall not be performed until the method statement has been approved in writing by the Engineer. The Contractor shall perform corrective work in the areas indicated by the Department based on the SA testing. Subsection 105.07(e)(3), paragraph 5 shall be revised as follows: Delete paragraph 5 and replace with the following: or HMA pavements, the entire ground area of the final pavement surface shall be covered in a chip seal conforming to Section 409 of the Specifications when grinding is complete and after final SA testing is complete. In instances where diamond grinding is minimal, the Engineer, at their sole discretion, may allow the final pavement surface to be covered with a Tack Coat conforming to Section 407 of the Specifications when grinding is complete and after final SA testing is complete. BID NO #B2 100048 Page 56 4 REVISION OF SECTION 105 CONTROL OF WORK Subsection 105.09 shall be revised as follows: Delete subsection 105.09 and replace with the following: These specifications, the supplemental specifications, the plans, special supplementary documents are essential parts of the Contract, and a requirement binding as though occurring in all. They are intended to be complementary and to 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 (b) Special Provisions i. Weld County Special Provisions ii. CDOT Project Special Provisions iii. CDOT Standard Special Provisions iv. CDOT Field Materials Manual (Latest Edition) v. CDOT Construction Manual (Latest Edition) (c) CDOT Standard Specifications (d) Plans i. Detailed Plans ii. Standard Plans Calculated dimensions will govern over scaled dimensions provisions, and all occurring in one is as describe and provide Where the Contract Documents, Project Special Provisions, or the CDOT Specifications contradict one another, the more stringent specification shall apply. Notwithstanding the foregoing, in the event of conflicting requirements involving any requirement within the Contract Documents, Project Special Provisions, or the CDOT Specifications, the County shall have the right to determine, in its sole discretion, which requirement(s) apply. The Contractor shall request the County's determination respecting the order of precedence among conflicting provisions promptly upon becoming aware of any such conflict. The Contractor shall not take advantage of any apparent error or omission in the Contract. Should it appear that the work to be done or any matter relative thereto is not sufficiently detailed or explained in the Contract Documents, the Contractor shall immediately notify the Project Manager in writing for further written explanations as may be necessary and shall conform to the explanation provided. The Contractor shall promptly notify the Project Manager of all errors which it may discover in the Contract Documents and shall obtain specific instructions in writing regarding any such error before proceeding with the work affected thereby. The Project Manager will make corrections and interpretations as necessary to fulfill the intent of the Contract. The fact that the Contract Documents omit or mis-describe any details of any work which is necessary to carry out the intent of the Contract Documents, that are customarily performed under similar circumstances, shall not relieve the Contractor from performing such omitted work or mis-described details of the work, and they shall be performed as if fully and correctly set forth and described in the Contract Documents, without entitlement to a change order except as specifically allowed. Subsection 105.10 shall be amended to include the following after the first paragraph: BID NO #B2100048 Page 57 5 REVISION OF SECTION 105 CONTROL OF WORK Failure to provide a full-time competent superintendent with the authorization to act for the Contractor on the project shall result in a payment deduction as outlined in the Weld County Revision to Section 108.09, Liquidated Damages Table. Furthermore, failure to provide a full-time competent superintendent shall be grounds for suspension of the Project until such time as a full-time competent 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 SUPERINTENDENT SATISFACTORY TO THE COUNTY. Subsection 105.22 shall be revised to include the following: The Colorado Department of Transportation (CDOT) will not participate in the resolution process for any claims filed by the Contractor. Weld County will be the responsible party to such claims. Subsection 105.24 shall be amended as follows: Delete all references to CDOT and replace with Weld County. Delete the fourth paragraph and replace with the following: Non -binding arbitration or litigation proceedings must commence with 180 -calendar days of the Chief Engineer's decision, absent written agreement otherwise by both parties. Delete the fifth paragraph and replace with the following: The venue for all unresolved disputes with an aggregate value $15,000 or less shall be the County Court for Weld County. Subsection 105.24(c) is amended as follows: Delete "CDOT Audit Unit" and replace with "Weld County Board of Commissioners, 1150 O Street, Greeley, Co. 80632" Delete Subsection 105.24(f) and replace with the following: If the Contractor disagrees with the Chief Engineer's decision, the Contractor may initiate de novo litigation or non -binding arbitration to finally resolve the claim that the Contractor submitted to Weld County. Such litigation or arbitration shall be strictly limited to those claims that were previously submitted and decided in the contractual dispute and claims processes outlined herein. This does not preclude the joining in one litigation or arbitration of multiple claims from the same project provided that each claim has gone through the dispute and claim process specified in subsections 105.22 through 105.24. The parties may agree, in writing, at any time, to pursue some other form of alternative dispute resolution. Any offer made by the Contractor or the Department at any stage of the claims process, as set forth in this subsection, shall be deemed an offer of settlement pursuant to Colorado Rule of Evidence 408 and therefore inadmissible in any litigation or arbitration. If the Contractor selected litigation, then de novo litigation shall proceed in accordance with the Colorado Rules of Civil Procedure and the proper venue is the Colorado State District Court in and for Weld County, unless both parties agree to the use of arbitration. BID NO #B2 100048 Page 58 6 REVISION OF SECTION 105 CONTROL OF WORK If the Contractor selected non -binding arbitration, or if both parties subsequently agreed to merit binding arbitration, arbitration shall be governed by the modified version of ARBITRATION PROVIDER'S Construction Industry Arbitration Rules which follow. Pursuant to the modified arbitration rules (R35 through R39), the arbitrators shall issue a decision with regard to entitlement and a non -binding decision with regard to quantum. If either party disagrees with the decision on quantum, the disagreeing party may seek a trial de novo in Weld County District Court with regard to quantum only. END OF SECTION BID NO #B2 100048 Page 59 1 REVISION OF SECTION 106 CONTROL OF MATERIAL Section 106 of the Standard Specifications is hereby revised for this project as follows: Subsection 106.01 shall be revised as follows: If the project is not utilizing CDOT's B2GNow software system, delete Subsection 106.01, paragraph 4 Subsection 106.03 shall include the following: Testing of embankment construction shall conform to the following: (a) The supervisor responsible for the direct supervision for the process control sampling and testing shall be identified in the PCP and be qualified according to the requirements of CP-10 (Note: this will require a PE or a NICET Level III certification). (b) The technicians taking samples and performing tests must be qualified according to requirements of CP 10 (Note: this will require WAQTC qualification). The project verification sampling and testing procedures shown in the CDOT Field Materials Manual under the Frequency Guide Schedule for Minimum Materials Sampling, Testing and Inspection shall be used for the elements shown in Table 106-1. TABLE 106-1 EXCAVATION AND EMBANKMENT TESTING SCHEDULE Minimum Testing Frequency Contractor's Process Control Element 3 Minimum Testing Frequency CDOT verification Testing None Required 1 per soil type 1 per 1,000 cubic yards or fraction thereof. 1 per 300 cubic yards or fraction thereof. 1 per 5,000 cubic yards or fraction thereof. Soil Survey (Classification) Moisture — Density Curve In -Place Density In -Place Density when within 100 ft. of Bridge Approach(s). 1 Point Check See COOT Field Materials Manual for Frequency 1 per soil type 1 per 2,000 cubic yards or fraction thereof. 1 per 500 cubic yards or fraction thereof. 1 per 10,000 cubic yards or fraction thereof. Qualifications for testing and personnel are contained in Section 203, Chapter 200 of the CDOT Field Materials Manual, CP-10, CP 13, CP 15, and CP 80, and the CDOT Inspectors Checklist. Subsection 106.05 shall include the following: (h) Sampling and testing of small quantities. At the Engineer's discretion, materials listed below may be accepted without further sampling and testing on the basis of visual examination, provided the quantity is less than stated and the source has recently furnished or is currently furnishing similar material found to be satisfactory under normal CDOT sampling and testing procedures. Gradation acceptance shall be used unless otherwise approved by the Engineer. Item 403 - Hot Mix Asphalt: 500 Tons or less, visually inspect and document in project file, all tests BID NO #B2100048 Page 60 2 REVISION OF SECTION 106 CONTROL OF MATERIAL >500 Tons or more, See QA Testing Frequency Guide in CDOT Field Materials Manual normal minimum testing Material test results indicating non-conformance with project requirements when tested in small quantity frequency, will be price reduced according to subsection 105.05 for the quantity that the sample represents. Additional Assurance testing (Voids, Lottman) may be performed on samples if test results on gradation and/or asphalt content indicate problems in mix properties. Material will be rejected or engineer will require a written corrective action by the Contractor when Percent Air Voids are not within 2.5-6.5% or the Lottman susceptibility (CPL -5109 Method B) is less than 75%. Reduction in testing and sampling in no way relieves contractor of submitting construction method statements, quality control plans or supplying specification materials. For this project, Contractor process control testing of hot mix asphalt is mandatory. Subsection 106.11(a) shall be revised as follows: If the project is not Federally funded, delete Subsection 106.11(a) and replace with the following: (a) Federal Buy America requirements for iron and steel do not apply to this project. Add Subsection 106.14 Trade Names, Approved Equals, or Substitutes. In order to establish a basis of quality, certain processes, types of machinery and equipment, or kinds of materials may be specified either by description or process or by designating a manufacturer by name and referring to that brand or product designation or by specifying a kind of material. It is not the intent of the specifications to exclude other processes, equipment or materials of equal value, utility or merit. Whenever a process is designated, or a manufacturer's name, brand or item designation is given, or whenever a process or material covered by patent is designated or described, it shall be understood that the words "or approved equal" follow such name, designation, or description, whether in fact they do so or not. If it is desirable to furnish items of equipment by manufacturers other than those specified as a substitute after the Contract is executed, the Contractor shall secure approval prior to placing a purchase order or furnishing the same. If the proposal includes a list of equipment, materials, or articles for which the Contractor must name the manufacturer at the time of submission of the bid, no substitutions therefore will be permitted after a proposal has been accepted without the express consent of the Owner. END OF SECTION BID NO #B2 100048 Page 61 1 REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC Section 107 of the Standard Specifications is hereby revised for the project as follows: Subsection 107.06 shall be revised to include the following: The Contractor and any subcontractor shall not require any laborer or mechanic employed in performance of the Contract to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety, as determined under construction safety and health standards (Rules and Regulations of the Federal Occupational Safety and Health Act of 1970 (OSHA) and as amended). All facilities and work conditions shall comply with the Colorado and Local Health Department Regulations and with OSHA requirements. Subsection 107.15(b) shall be revised to include the following: If the project has State or Federal funding, the insurance certificates shall name "Weld County, Colorado, its officers, and employees" and CDOT as additionally insured parties. Depending upon the funding source, it may be necessary to include additional insured parties. If the project has no State or Federal funding, the insurance certificates shall name "Weld County, Colorado, its officers, and employees" as an additional insured party. Subsection 107.17 shall be revised to include the following before the first paragraph: When working in a waterway, the Contractor shall assess and understand the risk of working within waterways. Such risks include but are not limited to: floods, high groundwater, and fluctuation in flows. The Contractor shall be responsible for constructing and maintaining all temporary facilities within the waterway such as cofferdams and diversion of channel flows. Such work shall be subsidiary to other items of work. Subsection 107.17 — Delete the fifth paragraph beginning with "Loss, injury, or damage to the work..." and replace with the following: Loss, injury, or damage to the work due to unforeseeable causes beyond the control of and without fault or negligence of the Contractor, including but not restricted to acts of God, such as flood, earthquake, tornado, or other cataclysmic phenomenon or nature shall be restored by the Contractor at no cost to the County. Subsection 107.19 shall be revised to include the following: The Contractor shall be required to obtain permission to conduct any work, store materials or stockpiles, or park any construction equipment or vehicles on private property. The Contractor shall conduct their work within the right-of-way and easement boundaries shown on the Contract Drawings. If working in the County right-of-way, the Contractor shall obtain a right-of-way permit from the Public Works Right -of -Way Permitting Technician, 970-304-6496. The Contractor's attention is directed to this subsection: Subsection 107.25 shall be revised to include the following prior to the first sentence: The requirements as called out in this subsection will be strictly enforced. BID NO #B2 100048 Page 62 2 REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC If the area of disturbance for the project is less than one acre, Subsection 107.25(b)(6), paragraph two shall be deleted and replaced with the following: The Contractor shall record the location of potential pollutants on the plans. Descriptions of the potential pollutants shall be submitted for approval. If the area of disturbance for the project is less than one acre, Subsection 107.25 (c) shall be deleted and replaced with the following: A Colorado Discharge Permit System Stormwater Construction Permit (CDPS-SCP) is not required for this project. The Engineer will coordinate with CDOT Maintenance and the Region Water Pollution Control Manager as necessary prior to initiating partial or final acceptance of the stormwater construction work, including soil conditioning and seeding for permanent stabilization. Unsatisfactory and incomplete erosion control work will be identified in this walkthrough and will be summarized by the Engineer in a punch list. If the area of disturbance for the project is greater than one acre, Subsection 107.25(c), paragraph one shall be deleted and replaced with the following: The Colorado Discharge Permit System Stormwater Construction Permit (CDPS-SCP) shall be obtained by the Contractor. The Contractor and Weld County will be co-permittees. The Contractor shall coordinate with Weld County to become the Operator permittee of the respective permit upon award of the Contract. The Contractor shall provide a copy of permit certification as the Operator to the Engineer prior to or at the Pre - construction Conference. No work shall begin until the CDPS-SCP permit with Owner and Operator has been approved by CDPHE. A copy of the permit shall be placed in the project SWMP. The Contractor shall be responsible for complying with the applicable requirements of this permit. Per 107.25(d)(2), should any fines be levied by CDPHE, the Contractor shall be responsible for all such fines. The Contractor shall provide an Erosion Control Supervisor (ECS) for this project. END OF SECTION BID NO #B2100048 Page 63 1 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised for this project as follows: Delete the sixth paragraph of Subsection 108.01. Delete Subsection 108.02 and replace with the following: The Contractor shall not commence work prior to the issuance of a Notice to Proceed. The Notice to Proceed will stipulate the date on which contract time commences. When the Contractor proceeds with work prior to that date, contract time will commence on the date work actually begins. The Contractor shall commence work under the Contract on or prior to the 10th day following the issuance of the Notice to Procced. Delete the second paragraph starting with "The Contractor shall not carry on construction..." in subsection 108.08 and replace with the following: The Contractor shall not carry on construction operations on Saturdays, Sundays, or holidays unless previously arranged and approved by the Project Manager and Inspector Supervisor. The Contractor shall not perform construction operations on any three or four -day holiday weekend without prior written approval. Requests for weekend construction operations shall be presented in writing to the Project Manager and Inspector Supervisor no later than Wednesday at 5 p.m. prior to the weekend in which the work will be performed. Written requests received after the deadline will be reviewed on a case by case basis. The Project Manager and Inspector Supervisor are not required to provide written approval for weekend inspectable construction operations requests. In the event, the weekend construction operations involve inspectable work (operations requiring a construction inspector), the Contractor shall provide a credit on the next pay application to the County. The amount credited shall be $400.00 for the first four hours (four hour minimum) and $100.00 per hour per day thereafter for each Inspector or Engineer required to perform inspections on the inspectable work. Construction operations shall stop at 5 p.m. the day before the start of the holiday weekend. Construction operations may resume after the holiday weekend has passed. The Contractor shall only make emergency repairs and provide proper protection of the work and the traveling public on the holiday weekend days. END OF SECTION BID NO #B2100048 Page 64 1 REVISION OF SECTION 109 MEASUREMENT AND PAYMENT Section 109 of the Standard Specifications is hereby revised for the project as follows: Subsection 109.06 — Delete subsections 109.06(a) and (b) Subsection 109.07 — Payment for Materials on Hand (Stockpiled Material). Delete and replace with the following: Partial monthly payments to the Contractor for completed work will include payment only for materials actually incorporated in the work unless otherwise approved by Weld County END OF SECTION BID NO #B2100048 Page 65 1 REVISION OF SECTION 201 CLEARING AND GRUBBING Section 201 of the Standard Specifications is hereby revised for this project as follows: Subsection 201.02 shall be revised to include the following: This work shall include removal and disposal of tree stumps, bushes, roots, sod, and any other vegetation or organics that interferes with the work. This work shall include removal and disposal of all minor items for which there is no specific "removal bid item", including but not limited to wooden posts, metal posts, fence posts, concrete and metal drainage items. Also included in this bid item is the removal of the following items: This work shall include removal of: 1. All trash, glass, cans, barrels, construction materials, and any other non -organic materials that interferes with the work. 2. All foundations, pavements, utility poles, fences, underground utilities, and other deleterious materials. 3. Sediment from existing pipes. 4. Delineators. 5. Gravel from access roads, and 6. Trees smaller than 6" DBH. Trees and shrubs designated to be removed shall include the entire root ball and all roots larger than '/2" diameter. Subsection 201.04 shall be revised to include the following: Any dump fees or other fees associated with Clearing and Grubbing shall be considered subsidiary to this bid item. Removal of delineators shall be included as part of the work and will not be paid for separately. END OF SECTION BID NO #B2100048 Page 66 1 REVISION OF SECTION 202 REMOVAL AND MAINTENANCE OF EROSION LOGS (12 INCH)(10 FOOT), EROSION BALES, SILT FENCE AND SEDIMENT BASINS (L= 20 FOOT, W= 5 FOOT, D= 2 FOOT) Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection 202.01 the first paragraph shall include the following: This work consists of the removal and maintenance of erosion logs (12 inch)(10 foot), erosion bales, silt fence and sediment basins (L= 20 foot, W= 5 foot, D= 2 foot). Subsection 202.02 General shall include the following: Removal of erosion logs (12 inch)(10 foot), erosion bales, silt fence and sediment basins (L= 20 foot, W= 5 foot, D= 2 foot) shall be removed as directed in the Work Order. The Contractor shall properly remove the items from the site and dispose in a proper manner and the ground raked or groomed to match the surrounding ground surface. Maintenance of erosion logs (12 inch) (10 foot), erosion bales, silt fence and sediment basins (L= 20 foot, W= 5 foot, D= 2 foot) shall be maintain as directed in the Work Order. The Contractor shall properly restake, reset, or remove damaged or deteriorated materials and replace with new. Removed items shall be removed for the site and disposed of in proper manner. 202.12 BASIS OF PAYMENT Subsection 202.12 shall include the following: Payment will be made under: Pay Item Pay Unit Removal and Maintenance of Erosion Log (12 Inch)(10 Foot) Each Removal and Maintenance of Erosion Bales Each Removal and Maintenance of Silt Fence LF Removal and Maintenance of Sediment Basin (L= 20 Foot, W= 5 Foot, D= 2 Foot) Each Payment for placement with new items will be paid for under the work for those items. Payment for labor, materials (stakes, etc.) and equipment need to perform the above work will not be paid for separately but shall be included in the unit cost of the work. END OF SECTION BID NO #B2100048 Page 67 1 REVISION OF SECTION 207 TOPSOIL Section 207 of the Standard Specifications is hereby revised for this project as follows: 207.01 This work consists of salvaging topsoil from onsite locations, stockpiling, maintaining, and preparing the subsoils for the placement of the topsoil at locations shown on the plans. It also includes creating seeding media by amending subsoils, and/or importing offsite topsoil when shown on the plans. Substitutions from this specification will not be allowed unless submitted in writing to the Engineer and approved by the Engineer. The topsoil material shall be generally evenly distributed throughout the project limits. Any excess topsoil generated from this project shall become the property of the Contractor and shall be hauled off the Project. 207.02 Topsoil shall be salvaged onsite, imported, or produced as shown on the plans. Topsoil shall be free of refuse and litter along with noxious weed seed and reproductive plant parts, as listed in current State of Colorado A and B Noxious Weed List and local agency weed lists. Topsoil shall not include heavy clay, hard clods, toxic substances, pathogens, or other material, which would be detrimental to growing native vegetation. All required amendments shall be thoroughly incorporated to parent material, onsite. All amendments shall conform to Section 212. Any organic amendments shall meet the requirements in the Weld County Revision to Section 212 and the following: 1) An organic product such as Biotic Earth Black or approved equal. 2) Eradicate harmful pathogens including coliform bacteria. 3) Free from noxious weeds or their seeds or any plant, root or seeds that would be toxic or harmful to growth. 4) Create a carbon to nitrogen ratio of no less than 15/1 to 25/1. 5) Contain no solid particle greater than %" in diameter. 6) Have a non -offensive smell like fresh turned soil. 7) Contain no significant level of dirt or soil and contain a maximum of 30% composted wood residue (pine or aspen wood) (saw dust is unacceptable). 8) The pH after composting shall be between 5.0 and 7.5 with an organic matter content of not less than 30%. 9) Soluble salts shall not be greater than 3mmhos/cm. Topsoil and parent material shall be free of clods, sticks, stones, debris, concrete, and asphalt in excess of 4 inches in any dimension for all material used within the designed clear zone for the project. Topsoil outside of the clear zone may contain rock larger than 4 inches in any dimension. Topsoil shall not include any minerals or elements detrimental to plant growth. Topsoil shall be generated from one or more of the following as shown on the plans: (a) Topsoil (Onsite). Topsoil shall consist of the upper 6 -inch layer of the A horizon, as defined by the Soil Science Society of America, or at the depths and locations shown on the Stormwater Management Plan (SWMP). It shall consist of loose friable soil, salvaged from onsite and stockpiled or windrowed. Litter and duff (layer of partially decomposed plant material) shall be collected as part of the salvaging of topsoil unless specified to be removed and hauled offsite on the plans. BID NO #B2100048 Page 68 2 REVISION OF SECTION 207 TOPSOIL The source of topsoil for this project is undesignated. For topsoil salvaged from the project site, the Contractor shall provide soil tests using the same method of soil analysis used by the Colorado State University Soil Testing Laboratory. Test results shall be provided to Weld County. All topsoil salvaged from onsite shall be amended/conditioned to meet the requirements of this specification. It may be necessary to add additional fertilizers and conditioners to the hydraulic growth medium in order to meet the recommendations of the CSU Soil Testing Laboratory recommendations. (b) Topsoil (Wetland). Wetland topsoil shall consist of moist, organic soil obtained from delineated wetlands, including any existing wetland vegetation and seeds. Wetland topsoil shall be extracted from the project site at locations shown on the plans or as directed, to a minimum depth of 12 inches or at the depths as shown on the plans. (c) Seeding Media. Seeding Media shall consist of one or all of the following approved materials: sub -soil, overburden, or material generated from rock. Contractor shall select onsite or offsite locations to generate material that meet the requirements of Table 207-1. The Contractor shall provide a Certified Test Report (CTR) in accordance with subsection 106.13, excluding lot, heat, and batch confirming that the excavated material conforms to Table 207-1. Table 207-1 PHYSICAL PROPERTIES OF SEEDING MEDIA Property Range Test Soil pH (s.u.) 5.6 - 7.5 ASA Mono. #9, Part 2, Method 10-3.2 or TMECC 04.11-A Soil Electrical Conductivity (EC) (mmhos/cm or ds/m) < 5 0 ASA Mono. #9, Part 2, Method 10-3.3 Soil SAR (s.u.) 0 -10 ASA Mono. #9, Part 2, Method 10-3.4 Rock Content (%) < 25 — USDA NRCS Rock Fragment Modifier Usage Trace Contaminants (Arsenic, Cadmium, Copper, Mercury, Selenium, Zinc, Nickel, and Lead) Meets US EPA, 40 CFR 503 Regulations TMECC 04.06 or EPA6020/ASA (American Society of Agronomy) Rock Content (%) greater than 3" diameter < 25 — USDA NRCS Rock Fragment Modifier Usage USDA Soil Texture No more than 70% clay, silt, and sand by percentage volume of topsoil. ASA Monograph #9, Part 1, Method 15-4 or ASA 143-5 All Particle Sizes < 6 Inches Physical contaminants (man-made inerts) (%) < 1 TMECC 03.08-C C:N ratio <20 TMECC 05.02-A * Fines % when manufacturing material from rock >25% material passing through #4 sieve ASTM D6913 BID NO #B2 100048 Page 69 3 REVISION OF SECTION 207 TOPSOIL Amendments to the base imported material shall have the quantities of material verified onsite prior to incorporation into parent material, either at the stockpiles or after placement of parent material. Topsoil amended at the stockpiles shall be distributed to the site within seven days. (d) Topsoil (Offsite). The Contractor shall submit a CTR for Topsoil (Offsite) for approval a minimum of 60 days prior to import in accordance with subsection 106.13. The Contractor shall include with the CTR a complete Soil Nutrient Analysis for the properties listed in Table 207-2 from the Colorado State University Soil Testing Laboratory or an independent laboratory that uses the same the methods of analysis as the CSU Soil Testing Laboratory. If topsoil nutrient analysis is deficient, an Amendment Protocol shall be submitted by the Contractor for approval. The Amendment Protocol shall contain a complete list of amendments and associated quantities to produce topsoil that conforms to Table 207-2. Imported topsoil shall be approved by the County before use. A Certificate of Compliance (COC) from a certified laboratory shall be provided to the County to verify the organic matter content, pH and carbon matter to nitrogen ratio. Soil tests shall be the same method of soil analysis used at the Colorado State University Soil Testing Laboratory. The Contractor shall submit a for Topsoil (Offsite) for approval a minimum of 60 days prior to import that the source has controlled noxious weeds in accordance with the State of Colorado Noxious Weed Act 35-5.5-115. All imported topsoil shall be amended/conditioned to meet the requirements of this specification. It may be necessary to add additional fertilizers and conditioners to the hydraulic growth medium in order to meet the recommendations of the CSU Soil Testing Laboratory recommendations. 207.03 Site Pre -vegetation Conference. Prior to the start of the initial Subgrade Soil Preparation for the project, the Contractor shall request a Site Pre -vegetation Conference. The Engineer will set up the conference and will include: the Engineer or designated representative, the Superintendent or designated representative, and the sub-contractor(s) performing the subgrade soil preparation and soil amendments. Only one meeting is required for the project unless a new sub -contractor is brought on that did not attend the previous meeting. The Contractor shall be responsible for providing a meeting agenda, the sign -in log, and meeting minutes. The Agenda of the Pre -vegetation Conference can be found in Appendix A of the Construction Manual and includes the following: (1) Final review of the Topsoil (Offsite) Amendment Protocol (2) Review of the Method Statement detailing the equipment which will be used for the subgrade soil preparation operations (3) Review of rod penetrometer which will be used to determine subgrade soil preparation of topsoil (4) Permanent Stabilization Phasing Plan (identify strategies and site management measures to protect de -compacted, topsoil amended, seeded, and blanketed areas from foot, vehicle loads, and other disturbances). (5) Seeding. See subsection 212.03 for submittal requirements. (6) Meeting attendee sign -in log BID NO #B2100048 Page 70 4 REVISION OF SECTION 207 TOPSOIL Table 207-2 TOPSOIL (OFFSITE) PROPERTIES Property Range Test Methods Soil pH (s.u) 5.6 — 7.5 ASA Mono. #9, Part 2, Method 10-3.2 or TMECC 04.11-A Salt by Electrical Conductivity (EC) (mmhos/cm or ds/m) < 2 0 ASA Mono. #9, Part 2, Method 10-3.3 Soil SAR (s.u.) 0 -10 ASA Mono. #9, Part 2, Method 10-3.4 Soil OM (°/0) 3 — 5 Methods of Soil Analysis, rt3, 34 Soil N (NO3-n, ppm) > 20 0 > MethodsPaof Soil Analysis, Part 3. CMethodhemicalllAethods:.. Ch. 38 Nitrogen - Inorganic Forms Soil P (ppm) ≥ 13.0 ASA Mono. #9, Part 2, Method 24-5.4 or others as required based on soil pH Soil K (ppm) — 80 ASA Mono. #9, Part 2, Method 13-3.5 Rock Content (%) greater than 3" diameter < 25 USDA NRCS Rock Fragment Modifier Usage Bioassay (seedling emergence and relative vigor) ° > 80 /o of control TMECC 05.05-A or Approved Germination Test Soil Texture No more than 70% clay, silt and sand by % volume of topsoil ASA Mono. #9, Part 1, Method 15-4 Physical contaminants (man-made inerts) (%) 1 TMECC 03.08-C Trace Contaminants (Arsenic, Cadmium, Copper, Mercury, Selenium, Zinc, Nickel, and Lead) Meets US EPA 40 CFR 503 Regulations TMECC 04.06 or EPA6020/ASA (American Society of Agronomy) All Particle Sizes < 6 Inches C:N ratio <20 TMECC 05.02-A CONSTRUCTION REQUIREMENTS 207.04 Topsoil Stockpiling. Stockpiles of topsoil shall be created as shown on the plans or as approved by the Engineer. All Stockpiles of topsoil which are scheduled to remain in place for 14 days or more shall receive interim stabilization in accordance with subsection 208.04. All topsoil stockpiles shall be identified using white pin flags with "TOPSOIL" printed in black letters and shall have their locations shown on the SWMP Plans. Each individual stockpile shall require at least one flag, and one additional flag for each 10 cubic yards of salvaged topsoil. The contractor shall provide only perimeter flags for stockpile larger than 100 cubic yards with a minimum spacing of 25 feet. BID NO #B2 100048 Page 71 5 REVISION OF SECTION 207 TOPSOIL Topsoil may be placed in stockpiles or windrowed at the edge of the disturbance. Windrowed topsoil shall not be used as perimeter erosion control or extensively compacted. When topsoil is windrowed, all stockpile requirements still apply. (1) Upland Topsoil. If included on the plans, stockpiles shall be treated with herbicide, in accordance with Section 217, or as directed. (2) Wetland Topsoil. Wetland stockpiles shall not be treated with herbicide. Weeds shall be hand pulled. Wetland topsoil shall be placed within 24 hours from excavation, unless otherwise approved by the Engineer. Wetland topsoil shall not be stockpiled for more than six months. Subsection 207.04 delete the last paragraph and replace with the following: Imported Topsoil and Topsoil salvaged from within the project area that meets the requirements of Section 207 will be measured by the cubic yard. The volume of Topsoil will be determined by measuring the area in which the Topsoil is placed and multiplying the area by 0.50 feet. 207.05 Subgrade Soil Preparation. Underground utilities shall be located prior to soil preparation. Before placement of topsoil, the subgrade shall be ripped to a minimum depth of 14 inches. Subgrade shall be mostly dry and friable. Subgrade shall crumble without sticking together, yet not be so dry and hard that it does not break apart easily. Subgrade soil preparation equipment shall be done with farming implements such as a moldboard plow and disk. The use of a dozer or grader equipped with ripping shanks shall not be allowed. Operation shall be performed to fracture the soil uniformly without lifting or furrowing the surface excessively. The Contractor shall submit a method statement for subgrade soil preparation. The Contractor shall utilize a rod penetrometer for determining subgrade soil preparation and determining looseness of soil after ripping. The penetrometer shall have a psi pressure gage, and shall meet the following requirements: (1) Steel rod with a minimum diameter of 1/2 inch with graduations (tick marks) every 6 inches. (2) The rod shall be made of stainless steel or other metal that will not bend when weight is applied. (3) The end of the rod shall have a 30 -degree cone tip. (4) The diameter of the cone at its tip shall be no more than 0.1 inch (5) The top of the rod shall be a T -handled configuration. The Contractor shall calibrate the subgrade soil preparation equipment using a minimum 30 linear feet of the initial pass. The Contractor shall utilize the rod penetrometer to verify that that de -compaction was successfully done. The Contractor shall take penetration measurements every 6 inches across a transect perpendicular to the direction of the tractor and spanning the width of the subgrade soil preparation. Depths of penetration shall confirm that a minimum of 12 inches can be achieved without reaching 300 psi on the rod penetrometer pressure gage (approximately 30 pounds of pressure on the T -handle). Existing subgrade shall be de -compacted to a depth of 14 inches. If multiple passes are needed, the subsequent passes shall be positioned so that the ripping equipment (subsoilers) from the previous pass are split by the subsequent pass. Following ripping, the Contractor shall remove all sticks, stones, debris, clods, and all other substances greater than 6 inches in diameter. The Contractor shall restrict motorized vehicle and foot traffic from passing over the ripped area since this would recompact the areas that received subgrade soil preparation. BID NO #B2 100048 Page 72 6 REVISION OF SECTION 207 TOPSOIL The first 4 feet from the edge of pavement shall be ripped to a depth of 6 inches. If the project is going to use aggregate base course or recycled asphalt as a shouldering technique, those areas will not require subgrade soil preparation. Depth of soil ripping for the subgrade soil preparation shall be checked with the rod penetrometer. The Contractor shall verify adequate de -compaction of the entire area to have topsoil placed using a rod penetrometer in the presence of the Engineer. Tests shall be performed at a minimum of ten random locations per each acre as selected by the Engineer. The Test shall verify that a depth of 12 inches of penetration into the soil can be achieved without reaching 300 psi on the rod penetrometer pressure gage (approximately 30 pounds of pressure on the T -handle). If this depth cannot be achieved for 80 percent of the penetrations, the Contractor shall re -rip the area at no additional cost to the County. 207.06 Placement of Topsoil and Seeding Media. Topsoil and Seeding Media shall be hauled and placed at the locations disturbed and will be re -vegetated or as shown on the plans. The contractor shall place a minimum thickness of 6 inches and should only be handled when it is dry enough to work without damaging soil structure. Topsoil and Seeding Media shall be placed a minimum depth of twelve (12) inches when placed over riprap as required on the plans. No Topsoil or Seeding Media shall be placed below ordinary high water mark except as otherwise specified in bio-stabilization bank treatments. Salvaged topsoil placement deeper than 6 inches is allowed if additional approved material is on -site. Contractor shall place topsoil in a method that does not re -compact subgrade material using low ground - contact pressure equipment, or by excavators and/or backhoes operating adjacent to it. The final grade shall be free of all materials greater than 4 inches in diameter within the designed clear zone for the project. Equipment not required for revegetation work will not be permitted in the areas of placed topsoil. Soil amendments, seedbed preparation, and permanent stabilization mulching shall be accomplished within four working days of placing the topsoil on the de -compacted civil subgrades. If placed topsoil is not mulched with permanent stabilization mulch within four working days, the Contractor shall complete interim stabilization methods in accordance with subsection 208.04(e), at no additional cost to the County. Time to perform the work may be extended for delays due to weather. METHOD OF MEASUREMENT 207.07 Topsoil material will be measured by the actual number of cubic yards of topsoil placed and accepted. Subgrade soil preparation will be measured by the square yards of subgrade which is ripped and accepted for adequate de -compaction. BASIS OF PAYMENT 207.08 The accepted quantities measured will be paid for at the Contract unit price for each of the pay items listed below that appear in the bid schedule. BID NO #B2100048 Page 73 7 REVISION OF SECTION 207 TOPSOIL Payment will be Pay Item Pay Unit Topsoil (Onsite) Cubic Yard Seeding Media Cubic Yard Topsoil (Offsite) Cubic Yard Topsoil (Wetland) Cubic Yard Subgrade Soil Preparation Square Yard The addition of manure or soil amendments needed to bring the topsoil into conformance with the specifications will not be measured and paid for separately but shall be included in the work. Stockpiling or windrowing of topsoil will not be measured and paid for separately but shall be included in the work. Soil analysis shall not be paid for separately but shall be included in the cost of the work. Topsoil will not be re -measured, but payment shall be based on the quantity identified in the bid tabulation, unless the quantity of Topsoil is significantly changed during construction by an approved Change Order. Rod penetrometer and associated verification testing of random locations will not be measured and paid for separately but shall be included in the work. Loading and hauling to redistribute stockpiled topsoil uniformly throughout the project limits shall not be measured and paid for separately but shall be included in the work. The Site Pre -vegetation Conference will not be paid for separately but shall be included in the work. Additional passes with the ripping equipment to achieve the desired de -compaction will not be measured and paid for separately but shall be included in the work. Removing of clods, sticks, stones, debris, concrete, and asphalt in excess of 4 inches in any dimension for all topsoil and seeding media will not be measured and paid for separately but shall be included in the work. END OF SECTION BID NO #B2 100048 Page 74 1 REVISION OF SECTION 208 EROSION CONTROL Section 208 of the Standard Specifications is hereby deleted for this project and replaced with the following: DESCRIPTION 208.01 This work consists of constructing, installing, maintaining, and removing when required, control measures during the life of the Contract to prevent or minimize erosion, sedimentation, and pollution of any State waters as defined in subsection 107.25, including wetlands. Stormwater runoff from all disturbed areas and soil storage areas for which permanent or interim stabilization is not implemented, must flow to at least one control measure to minimize sediment in the discharge. This shall be accomplished through filtering, settling, or straining. The control measure shall be selected, designed, installed, and adequately sized in accordance with good engineering, hydrologic, and pollution control practices. The control measures shall contain or filter flows in order to prevent the bypass of flows without treatment and shall be appropriate for stormwater runoff from disturbed areas and for the expected flow rate, duration, and flow conditions (i.e., sheet or concentrated flow). The Contractor shall coordinate the construction of temporary control measures with the construction of permanent control measures to assure economical, effective, and continuous erosion and sediment control throughout the construction period. When a provision of Section 208 or an order by the Engineer requires that an action be immediate or taken immediately, it shall be understood that the Contractor shall at once begin affecting completion of the action and pursue it to completion in a manner acceptable to the Engineer, and in accordance with the Colorado Discharge Permit System Stormwater Construction Permit (CDPS-SCP) requirements. If immediate corrective actions cannot be taken, the Contractor shall immediately ask for a deferment by providing the information outlined in Section 208.09(c) for review by the Engineer. MATERIALS 208.02 Erosion control materials are subject to acceptance in accordance with subsection 106.01. Erosion control materials shall be subject to the following approval process: Material Approval Process Silt Fence COC Notes: The Contractprova transi rnumeber or a copy of the transitide certi supplied frornor theshall producer. Berm APL Erosion Log (Type 1, Type 2, and Type 3) COC OC Pre -fabricated Vehicle Tracking Pad APL Aggregate Bag COC Storm Drain Inlet Protection (Type I, II, and III) COC = Certificate of Compliance; APL= Approved Product List APL BID NO #B2100048 Page 75 2 REVISION OF SECTION 208 EROSION CONTROL The material for control measures shall conform to the following: (a) Erosion Bales. Material for erosion bales shall consist of Certified Weed Free hay or straw. The hay or straw shall be certified under the Colorado Department of Agriculture Weed Free Forage Certification Program and inspected as regulated by the Weed Free Forage Act, Title 35, Article 27.5, CRS. Each certified weed free erosion bale shall be identified by blue and orange twine binding the bales. The Contractor shall not place certified weed free erosion bales or remove their identifying twine until the Engineer has inspected them. The Contractor may obtain a current list of Colorado Weed Free Forage Crop Producers who have completed certification by contacting the Colorado Department of Agriculture, Weed Free Forage Program, 305 Interlocken Pkwy, Broomfield, CO 80021. Contact the Weed Free Forage Coordinator at (303) 869-9038. Also available at www.colorado.qov/aq/csd. Bales shall be approximately 5 cubic feet of material and weigh at least 35 pounds. Stakes shall be wood and shall be 2 inch by 2 inch nominal. (b) Silt Fence. Silt fence posts shall be wood with a minimum length of 46 inches. Wood posts shall be 1.5 inch width by 1.5 inch thickness actual dimensions with 1/8 inch tolerance. Geotextile shall be attached to wood posts with three or more staples per post. Silt fence geotextile shall conform to the following requirements: Physical Requirements for Silt Fence Geotextiles Property Wire Fence Supported Requirements Self -Supported Requirements Geotextile Elongation <50% Test Method Grab Strength, lbs 90 minimum 124 minimum ASTM D4632 Permittivity sec -1 0.05 0.05 ASTM D4491 Ultraviolet Stability Minimum 70% Strength Retained Minimum 70% Strength ;. Retained ASTM 155 (c) Silt Fence (Reinforced). Silt fence posts shall be metal "studded tee" T -post with a minimum length of 66 inches. Metal posts shall be "studded tee" with 0.095 inch minimum wall thickness. Wire fabric reinforcement for the silt fence geotextile shall be a minimum of 14 gauge with a maximum mesh spacing of 6 inches. Geotextile shall be attached to welded wire fabric with ties or nylon cable ties at 12 inches on center at top, middle and bottom wire. Welded wire fabric shall be attached to the post with a minimum three 12 gauge wire ties per post. Vinyl or rubber safety caps shall be installed on all T -posts. (d) Temporary Berms. Temporary berms shall be constructed out of onsite soil materials. Temporary berms shall be wheel compacted. Temporary berms shall be stabilized and seeded to prevent erosion of the berm. The cost of compacting, stabilizing, and seeding the temporary berms shall be incidental to the cost of the berms. BID NO #B2 100048 Page 76 3 REVISION OF SECTION 208 EROSION CONTROL (e) Temporary Slope Drains. Temporary slope drains shall consist of fiber mats, plastic sheets, stone, concrete or asphalt gutters, half round pipe, metal or plastic pipe, wood flume, flexible rubber, or other materials suitable to carry accumulated water down the slopes. Outlet protection riprap shall conform to Section 506. Erosion control geotextile shall be a minimum Class 2, conforming to subsection 712.08. (f) Silt Berm. Silt berm shall consist of permeable multi -use material consisting of ultraviolet (UV) stabilized high -density polyethylene or other approved material effective in reducing water velocity. Designed and tested system shall be installed on a Turf Reinforcement Mat or Soil Retention Blanket in accordance with Section 216. The segment shall be secured to the ground with either metal or wood stakes. Minimum requirements for securing stakes shall be in accordance with the plans. Dimensions of individual segments shall meet the following criteria: Width 6 - 11 i des Height 6 - 10 inches Weight > 0.25 t s.fsq ft. Percent Open Area 20 — 50% (g) Rock Check Dam. Rock Check dams shall be constructed of stone. Stone shall meet the requirements of Section 506. (h) Sediment Trap. In constructing an excavated sediment trap, excavated soil may be used to construct the dam embankment, provided the soil meets the requirements of subsection 203.03. Outlet protection riprap shall be the size specified in the Contract and shall conform to Section 506. Erosion control geotextile shall be a minimum Class 1, conforming to subsection 712.08. (i) Erosion Logs. Erosion logs shall be one of the following types unless otherwise shown on the plans: (1) Erosion Log (Type 1) shall consist of cylinder casings filled with curled aspen wood excelsior with a consistent width of fibers evenly distributed throughout the log. The casing shall be seamless, photo -degradable tube netting. The curled aspen wood excelsior shall be fungus free, resin free, and free of growth or germination inhibiting substances. (2) Erosion Log (Type 2) shall consist of cylinder casings filled with Erosion Log (Type 2) Compost in accordance with subsection 212.02. The compost -wood chip blend may be pneumatically shot into a geotextile cylindrical casing or be pre -manufactured. The geotextile casing shall consist of HDPE or polypropylene mesh (knitted, not extruded) with openings of/8 to'/ inch and contain the compost -wood chip material while not limiting water infiltration. (3) Erosion Log (Type 3) shall consist of cylinder casings filled with curled aspen wood excelsior with a consistent width of fibers evenly distributed throughout the log. The casing shall be seamless, 100 percent natural fiber cylinder netting (compostable) and shall have minimum dimensions as shown in Table 208-1, based on the diameter of the log shown on the plans. Netting shall be a woven cotton or cellulose base mesh that has an approval to compost certification with a maximum mesh size of 0.075 inches and index values as shown in Table BID NO #B2100048 Page 77 4 REVISION OF SECTION 208 EROSION CONTROL 208-2. The curled aspen wood excelsior shall be fungus free, resin free, and free of growth or germination inhibiting substances. Natural compostable fiber netting shall not contain any synthetic material woven into the netting such as polypropylene, nylon, polyethylene, or polyester dyes. Oxo-degradable or oxo- biodegradable petrochemical -based fiber shall not be part of the netting material. Burlap netting material shall not be used for Erosion Log (Type 3). Erosion Log (Type 1, Type 2, and Type 3) shall have minimum dimensions as shown in Table 208-1, based on the specified diameter of the log. Table 208-1 Dimensions of Erosion Logs Diameter Type 1 & 3 (Inches) Diameter Type 2 (Inches) Length (feet) Weight (minimum) (pounds/foot) Stake Dimensions (Inches) Min. Max. 9 12 20 8 12 18 10 10 10 180 180 100 1.6 2.5 4.0 34 thickness by $ width by 18 tong 1.5 thickness by 1.25 width by 24 long 1.5 thickness by 1.25 width by 30 long Wood stake acceptable tolerance +/- 1/8 inch. Table 208-2 Index Values for Natural Fiber Netting Property Requirement Test Method Fabric Tensile Strength Biodegradable Mesh Pattern >70 lbs. 100% Rib ASTM D3822 ASTM D5988 Stakes to secure erosion logs shall consist of pinewood or hardwood. (i) Silt Dikes. Silt dikes shall be pre -manufactured flexible sediment barrier that will fully rebound when driven over by heavy equipment. Material shall consist of outer geotextile fabric covering closed cell urethane or polyethylene foam core. The geotextile fabric aprons shall extend beyond the foam core a minimum of 8 inches on both sides. Each silt dike segment shall have the following dimensions: Dimension Vertical height after installation Geotextile sleeve section to interlock segments Length >5 inches >8 inches BID NO #B2100048 Page 78 5 REVISION OF SECTION 208 EROSION CONTROL Table 208-3 Geotextile Requirements Property Requirement Test Method Water Flow Rate Grab Breaking Load Ultraviolet Degradation 100-150 gallons per minute/ dare foot 200 lbs. minimum in each direction 70% of original unexposed grab breaking load after 500 hours ASTM D4411 ASTM D4632 Silt dike segments shall be anchored down using the minimum requirements shown in Table 208-4. Table 208-4 Silt Dike Segment Requirements Surface Nail Washers Boll Surface Hard Surface Installed in 4.inch.deepf ench.with.6 inch nails no more than 4 feet O:C . (on center} 1 inch concrete nails no more than 4 feet O.C. 1 inch washers 1 inch washers and solvent -free adhesive G) Concrete Washout Structure. The Contractor shall construct a washout structure that will contain washout from concrete placement, construction equipment cleaning operations, and residue from cutting, coring, grinding, grooving, and hydro -concrete demolition. Embankment required for the concrete washout structure may be excavated material, provided that this material meets the requirements of Section 203 for embankment. If the bottom of the excavated structure is within 5 feet of anticipated high ground water elevation or the soil does not have adequate buffering capacity to meet water quality standards, an impermeable synthetic liner shall be installed with the minimum properties shown in Table 208-5. Table 208-5 Impermeable Synthetic Liner Requirements Tested Property Test Method Units Value Thickness '. Tear Strength Low Temperature,Impact ASTM D5199 ASTM D1004 ASTM D179t? mil lbs °F >30 +/- 1.5 >8 Pass at -20 (k) Pre -Fabricated Concrete Washout Structure. Pre -Fabricated Concrete Washout Structures shall be one of the following types unless otherwise shown on the plans: (1) Pre -Fabricated Concrete Washout Structure (Type 1). Type 1 portable bins shall be used only when specified in the Contract. It shall consist of a watertight multi -use container designed to contain liquid concrete washout wastewater, solid residual concrete waste from washout operations, and residue from saw cutting, coring, grinding, grooving, and hydro -concrete demolition. Minimum capacity including freeboard shall be 440 gallons. BID NO #B2100048 Page 79 6 REVISION OF SECTION 208 EROSION CONTROL (2) Pre -Fabricated Concrete Washout Structure (Type 2). Type 2 portable bins shall be used only when specified in the Contract. It shall consist of a watertight one-time use container designed to contain liquid concrete washout wastewater, solid residual concrete waste from washout operations, and residue from saw cutting, coring, grinding, grooving, and hydro - concrete demolition. The structure shall have a system to secure to the ground. Minimum capacity including freeboard shall be 50 gallons. (3) The use of disposable plastic swimming pools shall not be allowed. (I) Vehicle Tracking Pad (VTP). Aggregate for the vehicle tracking pad shall be crushed natural aggregate with at least two fractured faces that meets the following gradation requirements: Sieve size Percent by weight Passing Square Mesh Sieves 75 mm (3 inch) 100 50 mm (2 inch) 0-25 19.0 mm (3, inch) 0-15 1. Recycled crushed concrete or asphalt shall not be used for vehicle tracking pads. 2. Erosion control geotextile underlying aggregate material shall be Mirafi FW-300. 3. Pre -Fabricated or manufactured vehicle tracking pads shall only be used if specified in the Contract. Multi -use pads shall consist of industrial grade materials and shall be designed to minimize sediment leaving the project. 4. Minimum dimensions of the modular systems shall be: Width 12 feet Length of pad 35 feet To accommodate construction traffic turning radii between the tracking pad and a stabilized surface, additional flared sections of approved pads or aggregate in accordance with this specification shall be used at no additional cost to Weld County. Weight (min.) (lbs./sq. ft.) 8 Crush strength (min.) (psi) 400 If pads weigh less than 8 pounds per square foot, an anchoring system approved by the manufacturer shall be used for pads placed on soil and hard surfaces. A thin layer of stone, geotextile, or other stable surface may be required to stop rutting under the pad or area where the vehicles mount or dismount the manufactured trackout control device. (m) Aggregate Bag. Aggregate bags shall consist of crushed stone or recycled rubber filled fabric with the following properties: BID NO #B2100048 Page 80 Diameter 7 REVISION OF SECTION 208 EROSION CONTROL Diameter (inches) Weight (minimum) (pounds per foot) 6-8 10 10 12 15 Rubber used in bags shall be clean, 95 percent free of metal and particulates. Crushed stone contained in the aggregate bags shall conform to Table 703-1 for Coarse Aggregate No. 6. The aggregate bag shall consist of a woven geotextile fabric with the following properties: Property Requirement Test Method Grab Tensile Strength 90 lbs. min. ASTM D4632 Trapezoid Tear Strength 25 lbs. min. ASTM D4533 Mullen Burst 300 psi ASTM D3786 Ultraviolet Resistance 70% ASTM D4355 (n) Storm Drain Inlet Protection. Storm drain inlet protection shall consist of aggregate filled fabric with the following dimensions: on Properties Type 11 4 in. Type 112 4 in. protection Types Type Illy N/A Ft:Cl Apron Insert Length 7 ed with Inlet Type R. with Combination Inlet. Option A. or r with Vane Grate Inlet only, Option A or B own on Standard Plan M-208-1. 5 ft. 30 in. or sized to grate 5f 30 in or sized to grate The Storm Drain Inlet Protection (Type I, II and III) shall consist of a woven geotextile fabric with the following properties: Property Test Method. -:Unit 'h Requirement Grab tensile strength ASTM D4632 lbs. minimum 150X200 MulStrength ASTM D3786' lbs. 400 Trapezoid Tear Strength ASTM D4533 lbs. minimum 60X60 er t.Open Area OE-22125-� 86 a . ≥20 Water Flow Rate ASTM D4491 gal./min./sq. ft. ≥100 Ultraviolet Resistance ASTM D4355 % ≥70 BID NO #B2100048 Page 81 8 REVISION OF SECTION 208 EROSION CONTROL Curb roll for Storm Drain Inlet Protection (Type I and II) shall have a weight >4 pounds per linear foot of device. The device shall be capable of conforming to the shape of the curb. Aggregate contained in the storm drain inlet device shall consist of gravel or crushed stone conforming Table 703-1 for Coarse Aggregate No. 6. CONSTRUCTION REQUIREMENTS 208.03 Project Review, Schedule, and Erosion Control Management. Prior to construction, an on - site Environmental Pre -construction Conference shall be held. The Conference shall be attended by: (1) The Engineer. (2) The Superintendent. (3) The Contractor's Stormwater Management Plan (SWMP) Administrator. The SWMP Administrator is equivalent to the CDPS-SCP Qualified Stormwater Manager. (4) Supervisors or Foremen of subcontractors working on the project. At this Conference, the attendees shall discuss the SWMP, CDPS-SCP, sensitive habitats on -site, wetlands, other vegetation to be protected, and the enforcement mechanisms for not meeting the requirements of this specification. Prior to beginning construction, the Contractor shall evaluate the project site for storm water draining into or through the site. When such drainage is identified, control measures shall be used if possible, to divert stormwater from running on -site and becoming contaminated with sediment or other pollutants. The diversion may be accomplished with a temporary pipe or other conveyance to prevent water contamination or contact with pollutants. Run-on water that cannot be diverted shall be treated as construction runoff and adequate control measures shall be employed. The SWMP Administrator shall evaluate all non-stormwater coming onto the site, such as springs, seeps, and landscape irrigation return flow. If such flow is identified, control measures shall be used to protect off -site water from becoming contaminated with sediment or other pollutants. The SWMP Administrator shall review existing inlets and culverts to determine if inlet protection is needed due to water flow patterns. Prior to beginning construction, inlets and culverts needing protection shall be protected and the location of the implemented control measure added to the SWMP site map. Prior to construction, the Contractor shall implement appropriate control measures for protection of wetlands, sensitive habitat, and existing vegetation from ground disturbance and other pollutant sources, in accordance with the approved project schedule as described in subsection 208.03(b). When additional control measures are required and approved by the Engineer, the Contractor shall implement the additional control measures and the SWMP Administrator shall record and describe them on the SWMP site map. The approved control measures will be measured and paid for in accordance with subsections 208.11 and 208.12. (a) Project Review. The Contractor shall submit modifications to the Contractor's control measures or SWMP in a written proposal to the Engineer. The written proposal shall include the following information: BID NO #B2100048 Page 82 9 REVISION OF SECTION 208 EROSION CONTROL (1) Reasons for changing the control measures. (2) Diagrams showing details and locations of all proposed changes. (3) List of appropriate pay items indicating new and revised quantities. (4) Schedules for accomplishing all erosion and sediment control work. (5) Effects on permits or certifications caused by the proposed changes. The Engineer will approve or reject the written proposal in writing within seven days after receipt of the submittal. The Engineer may require additional control measures prior to approving the proposed modifications. Additional modifications and additional control measures will be paid for at the Contract Unit Price for the specific items involved. If no items exist, they will be paid for as extra work in accordance with subsection 109.04. (b) Erosion and Sediment Control Activities. The erosion and sediment control activities shall be included in the weekly meeting update. The project schedule shall specifically indicate the sequence of clearing and grubbing, earthwork operations, and construction of temporary and permanent erosion control features and stabilization. The project schedule shall include erosion and sediment control work for haul roads, borrow pits, storage and asphalt or concrete batch sites, and all areas within the project limits. If during construction the Contractor proposes changes which would affect the Contract's control measures, the Contractor shall propose revised control measures to the Engineer for approval in writing. If necessary, the SWMP Administrator shall update proposed sequencing of major activities in the SWMP. Revisions shall not be implemented until the proposed measures have been approved in writing by the Engineer. (c) Erosion Control Management (ECM). Erosion Control Management for this project shall consist of SWMP Administration and Erosion Control Inspection. All ECM staff shall have working knowledge and experience in construction and shall have successfully completed the Transportation Erosion Control Supervisory Certificate Training (TECS) as provided by the CDOT. The Superintendent will not be permitted to serve in an ECM role. The Erosion Control Inspector (ECI) and the SWMP Administrator may be the same person in projects with not more than 40 acres of disturbed area. The ECI and the SWMP Administrator are equivalent to the CDPS-SCP Qualified Stormwater Manager. 1. SWMP Administration. The SWMP shall be maintained by a SWMP Administrator. The name of the SWMP Administrator shall be recorded on the SWMP Section 3.B. The SWMP Administrator shall have full responsibility to maintain and update the SWMP and identify to the Superintendent critical action items needed to conform to the CDPS-SCP as follows: (1) Complete the SWMP as described in subsection 208.03(d). (2) Participate in the Environmental Pre -construction Conference. (3) Attend weekly erosion and sediment control meetings. (4) Attend all water quality control inspections. (5) Coordinate with the Superintendent to implement necessary actions to reduce anticipated or presently existing water quality or erosion problems resulting from construction activities. (6) Coordinate with the Superintendent to ensure that all labor, material, and equipment needed to install, maintain, and remove control measures are available as needed. BID NO #B2100048 Page 83 10 REVISION OF SECTION 208 EROSION CONTROL (7) During construction, the SWMP site map shall be updated to reflect current field conditions and include, at a minimum, the following: (i) Limits of Construction (LOC). (ii) Areas of disturbance (AD), including areas of borrow and fill. (iii) Limits of Disturbance (LDA). (iv) Areas used for storage of construction materials, equipment, soils, or wastes. (v) Location of dedicated asphalt, concrete batch plants, and masonry mixing stations. (vi) Location of construction offices and staging areas. (vii) Location of work access routes during construction. (viii) Location of waste accumulation areas, including areas for liquid, concrete, masonry, and asphalt. (ix) Location of temporary, interim and permanent stabilization. (x) Location of outfalls. (xi) Flow arrows that depict stormwater flow directions on -site and runoff direction. (xii) Location of structural and non-structural control measures. (xiii) Location of springs, streams, wetlands, and other State waters, including areas that require pre-existing vegetation be maintained within 50 horizontal feet of a receiving water, unless infeasible. (xiv) Location of stream crossings located within the construction site boundary. (8) The SWMP shall reflect the field conditions and shall be amended to reflect control measures. (i) A change in design, construction, operation, or maintenance of the site which would require the implementation of new or revised control measures; or (ii) Changes when the SWMP proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with construction activity. (iii) Changes when control measures are no longer necessary and are removed. (9) Complete vegetative survey transects when required in accordance with CDOT Erosion Control and Stormwater Quality Guide. (10) Start a new site map before the current one becomes illegible. All site maps shall remain as part of the SWMP. (11) Document all inspection and maintenance activities. The SWMP and documentation shall be kept on the project site. (12) When adding or revising control measures in the SWMP, add a narrative explaining what, when, where, why, and how the control measure is being used, and add a detail to the SWMP. (i) How to install and inspect the control measure. (ii) Where to install the control measure. (iii) When to maintain the control measure. (13) If using existing topography, vegetation, etc. as a control measure, label it as such on the SWMP site map; add a narrative as to when, where, why, and how the control measure is being used. (14) Indicate control measures in use or not in use by recording them on Standard Plans M- 208-1, M-216-1, and M-615-1 in the SWMP. (15) Record on the SWMP, the approved Method Statement for Containing Pollutant Byproducts. BID NO #B2100048 Page 84 11 REVISION OF SECTION 208 EROSION CONTROL (16) Update the Potential Pollutants list in the SWMP and Spill Response Plan throughout construction. (17) Vegetative buffers shall not be used as a sole control measure. They shall only be used as the final stage of a treatment train. 2. Erosion Control Inspector. One ECI is required for every 40 acres of total disturbed area which is currently receiving temporary and interim stabilization measures as defined in subsection 208.04(e). An ECI shall not be responsible for more than 40 acres in the project. Accepted permanent stabilization methods as defined in subsection 208.04(e) will not be included in the 40 acres. (1) ECI duties shall be as follows: (i) Coordinate with the SWMP Administrator on reporting the results of inspections. How to install and inspect the control measure. (ii) Review the construction site for compliance with the Stormwater Construction Permit. (iii) Inspect with the Superintendent and the Engineer (or their designated representatives) the stormwater management system at least every seven days. Post -storm event inspections shall be conducted within 24 hours after the end of any precipitation or snow melt event that may cause surface erosion. If no construction activities will occur following a storm event, post -storm event inspections shall be conducted prior to commencing construction activities, but no later than 72 hours following the storm event. The occurrence of delay in inspections shall be documented in the inspection report. Form 1176 (Stormwater Field Inspection Report —Active Construction) shall be used for all seven-day inspections and inspections following storm events. The Contractor shall notify the ECI when a storm event occurs. Inspections are not required at sites when construction activities are temporarily halted, when snow cover exists over the entire site for an extended period and melting conditions do not pose a risk of surface erosion. This exception shall be applicable only during the period where melting conditions do not exist, and applies to the routine seven-day, as well as the post -storm event inspections. The following information shall be documented on Form 1176 for use of this exclusion: dates when snow cover occurred, date when construction activities ceased, and date melting conditions began. (2) The order of precedence for required inspections shall be as follows: (i) Post -storm event inspections (ii) Seven-day inspections When one of the listed inspections is performed, the inspections listed below it need not be performed on that day if the required Owner and Contractor personnel participated in the inspection. A seven-day inspection is not required on the same day a water quality routine audit is conducted, as long as all of the inspection scope requirements for a seven-day and post - BID NO #B2100048 Page 85 12 REVISION OF SECTION 208 EROSION CONTROL storm event inspection are met. A sheet shall be placed in the inspections area of the SWMP to refer to the date the inspection was performed. (3) Seven-day inspections and post -storm inspections shall include inspection of the following areas, if applicable, for evidence of, or the potential for, pollutants leaving the construction site boundaries, entering the stormwater drainage system, or discharging to State waters: (i) Construction site perimeter (ii) Disturbed areas (iii) Designated haul routes (iv) Material and waste storage areas exposed to precipitation (v) Locations where stormwater has the potential to discharge offsite (vi) Locations where vehicles exit the site (4) Inspections shall include the following: (i) Visually verify whether all implemented control measures are in effective operational condition and are working as designed in their specifications to minimize pollutant discharges. (ii) Determine if there are new potential sources of pollutants. (iii) Assess the adequacy of control measures at the site to identify areas requiring new or modified control measures to minimize pollutant discharges. (iv) Identify all areas of non-compliance with the permit requirements and, if necessary, implement corrective action in accordance with the CDPS-SCP. Follow all other agency Stormwater requirements and inspections unless a waiver or other agreement has been made. (5) The Contractor shall report the following circumstances orally to the Engineer, CDPHE, the Contractor's Superintendent, and the SWMP Administrator within 24 hours from the time the permittee becomes aware of the circumstances, and shall mail to CDPHE a written report containing the information requested within five working days after becoming aware of the following circumstances: (i) Noncompliance which may endanger health or the environment, regardless of the cause of the incident. (ii) Unanticipated bypass which exceeds any effluent limitations in accordance with the CDPS-SCP. (iii) Upset conditions which causes an exceedance of any effluent limitation in accordance with the CDPS-SCP. (iv) Daily maximum violations for any of the pollutants limited by the permit. This includes any toxic pollutant or hazardous substance, or any pollutant specifically identified as the method to control any toxic pollutant or hazardous substance. The written report shall also be provided to the Engineer and a copy shall be placed in the SWMP notebook. (6) Document spills, leaks, or overflows that result in the discharge of pollutants on the Form 1176. The ECI shall record the time and date, weather conditions, reasons for spill, and how it was remediated. BID NO #B2100048 Page 86 13 REVISION OF SECTION 208 EROSION CONTROL (d) Documentation Available on the Project. The following Contract documents and references will be made available for reference at the Weld County field office during construction: 1. SWMP. The Engineer will provide an approved SWMP design at the Pre -construction Conference, which is and shall remain the property of Weld County. Prior to construction, Weld County will provide the documentation for items (1) through (4), and (18) as listed below, when available. The Contractor shall provide the contents required for items (5) through (17). The SWMP shall be stored in the Weld County field office or at another on -site location approved by the Engineer. The SWMP Administrator shall modify and update the SWMP as needed to reflect actual site conditions prior to the change or as soon as practicable, but in no case more than 72 hours after the change. The following Contract documents and reports shall be kept, maintained, and updated in the SWMP under the appropriate items by the SWMP Administrator: (1) SWMP Plan Sheets — Notes, tabulation, site description. The SWMP shall include a site description which includes, at a minimum, the following: (i) The nature of the construction activity at the site. (ii) The proposed schedule for the sequence for major construction activities and the planned implementation of control measures for each phase. (e.g. clearing, grading, utilities, vertical, etc.) (iii) Estimates of the total acreage of the site, and the acreage expected to be disturbed by clearing, excavation, grading, or any other construction activities. (iv) A summary of any existing data used in the development of the construction site plans or SWMP that describe the soil or existing potential for soil erosion. (v) A description of the percent of existing vegetative ground cover relative to the entire site and the method for determining the percentage, in accordance with CDOT Erosion Control and Stormwater Quality Guide. (vi) A description of any allowable non-stormwater discharges at the site, including those being discharged under a division low risk discharge guidance policy. (vii) A description of areas receiving discharge from the site. Including a description of the immediate source receiving the discharge. If the stormwater discharge is to a municipal separate storm sewer system, the name of the entity owning the system, the location of the storm sewer discharge, and the ultimate receiving water(s). (viii) A description of all stream crossings located within the construction site boundary. (2) SWMP Site Maps and Project Plan Title Sheet (3) Specifications — Standard and project special provisions related to stormwater and erosion control. (4) Standard Plans M-208-1, M-216-1 and M-615-1. (5) Control measure Details not in Standard Plan M-208-1 — Non-standard details. (6) Weekly meeting sign in sheet and weekly meeting notes. (7) Calendar of Inspections — Calendar of inspections marking when all inspections take place. (8) Contractor Stormwater Field Inspection Reports (Forms 1176, 1177, 1388). (9) All Water Quality Audit Reports and Form 105(s) relating to Water Quality. (10) Description of Inspection and Maintenance Methods — Description of inspection and maintenance methods implemented at the site to maintain all control measures identified in the SWMP and items not addressed in the design. (11) Spill Response Plan — Reports of reportable spills submitted to CDPHE. BID NO #B2 100048 Page 87 14 REVISION OF SECTION 208 EROSION CONTROL (12) List and Evaluation of Potential Pollutants — List of potential pollutants as described in subsection 107.25 and approved Method Statement for Containing Pollutant Byproducts. (13) Other Correspondence including agreements with other MS4s, approved deferral request, CDPHE audit documentation, Water Quality Permit Transfer to Maintenance Punch List, and other miscellaneous documentation such as documented use agreements for areas outside of the permitted area. (14) TECS Certifications of the SWMP Administrator and all ECIs shall be kept current through the life of the project. (15) Environmental Pre -construction Conference — Conference agenda with a certification of understanding of the terms and conditions of the CDPS-SCP and SWMP. The certification shall be signed by all attendees. A certification shall also be signed by all attendees of meetings held for new subcontractors beginning work on the project that could adversely affect water quality after the Environmental Pre -construction Conference has been held. (16) All Project Environmental Permits —All project environmental permits and associated applications and certifications, including, CDPS-SCP, Senate Bill 40, USACE 404, temporary stream crossings, dewatering, biological opinions, and all other permits applicable to the project, including any separate CDPS-SCP obtained by the Contractor for staging area on private property, asphalt or concrete batch plant, etc. (17) Photographs Documenting Existing Vegetation — Project photographs shall include the following information with the record: project number, project code, name of the person who took the picture, date and time the picture was taken, and location and approximate station number or mile marker. The Contractor shall submit photographs documenting existing vegetation, prior to construction commencing, on paper with a maximum of four colored images per side of 8'h inch by 11 inch sheet or a digital copy on CD-ROM/Flash Drive (JPG format) as directed by the Engineer. (18) Permanent Water Quality Plan Sheets — Plan sheets and specifications for permanent water quality structures and riprap. The Engineer will incorporate the documents and reports available at the time of award. The Contractor shall provide and insert all other documents and reports as they become available during construction. The SWMP Administrator shall finalize the SWMP for Weld County use upon completion of the project. SWMP completeness shall be approved by the Engineer. Corrections to the SWMP shall be made at the Contractor's expense. 2. Reference Materials. The following Reference materials shall be used: (1) CDOT Erosion Control and Stormwater Quality Guide. (2) CDOT Erosion Control and Stormwater Quality Field Guide. (e) Weekly Meetings: The Engineer, the Superintendent, and the SWMP Administrator shall conduct a weekly meeting with supervisors involved in construction activities that could adversely affect water quality. The meeting shall follow an agenda prepared by the Engineer, or a designated representative, and have a sign in sheet on which the names of all attendees shall be recorded. The SWMP Administrator shall take notes of water quality comments and action BID NO #B2100048 Page 88 15 REVISION OF SECTION 208 EROSION CONTROL items at each weekly meeting and place the agenda and sign in sheet in the SWMP. At this meeting the following shall be discussed and recorded in tab 6 of the SWMP: (1) Recalcitrant, chronic, and severe inspection findings. (2) Unresolved issues from previous inspections. (3) Requirements of the SWMP. (4) Problems that may have arisen in implementing the site specific SWMP or maintaining control measures. (5) Control measures that are to be installed, removed, modified, or maintained, and associated SWMP modifications. (6) Planned activities that will affect stormwater in order to proactively phase control measures. All subcontractors not in attendance at the Environment Pre -construction Conference shall be briefed on the project by the Engineer, Superintendent, and the SWMP Administrator prior to start of work. The SWMP Administrator shall record the names of these subcontractors as an addendum to the list of attendees and add it to the SWMP. 208.04 Control Measures for Stormwater. The SWMP Administrator shall modify the SWMP to clearly describe and locate all control measures implemented at the site to control potential sediment discharges. Vehicle tracking pads shall be used at all vehicle and equipment exit points from the site or roadway to prevent sediment exiting the limits of construction (LOC) of the project site. Access shall be provided only at locations approved by the Engineer. The SWMP Administrator shall record vehicle tracking pad locations on the SWMP site map. New inlets and culverts shall be protected during their construction. Appropriate protection of each culvert and inlet shall be installed immediately. When riprap is called for at the outlet of a culvert, it shall be installed within 24 hours of completion of each pipe. The Contractor shall remove sediment, millings, debris, and other pollutants from within the newly constructed drainage system in accordance with the CDPS-SCP, prior to use, at the Contractor's expense. All removed sediment shall be disposed of outside the project limits in accordance with all applicable regulations. Concrete products wasted on the ground during construction including, but not limited to, excess concrete removed from forms, spills, slop, and all other unused concrete are potential pollutants that shall be removed from the site or contained at a pre -approved containment area that has been identified in the SWMP. The concrete shall be picked up and recycled in accordance with 6 CCR 1007- 2 (CDPHE Regulations Pertaining to Solid Waste Sites and Facilities) at regular intervals, as needed, or as directed by the Engineer. The uses of recycled concrete from permitted recycling facilities shall be in accordance with Section 203. (a) Unforeseen Conditions. The Contractor shall design and implement erosion and sediment control measures for correcting conditions unforeseen during the design of the project, or for emergency situations, that develop during construction. The CDOT Erosion Control and Stormwater Quality Guide shall be used as a reference document for the purpose of designing erosion and sediment control measures. Measures and methods proposed by the Contractor shall be reviewed and approved in writing by the Engineer prior to installation. BID NO #B2100048 Page 89 16 REVISION OF SECTION 208 EROSION CONTROL (b) Other Agencies. If CDPHE, US Army Corps of Engineers (USACE), the Environmental Protection Agency (EPA), or a Local Agency reviews the project site and requires additional measures to prevent and control erosion, sediment, or pollutants, the Contractor shall cease and desist activities resulting in pollutant discharge and immediately implement these measures. If the work may negatively affect another MS4, the Contractor shall cease and desist activities resulting in the discharge and shall implement appropriate measures to protect the neighboring MS4, including installing additional measures. Implementation of these additional measures will be paid for at contract unit prices. (c) Work Outside the Right of Way. Disturbed areas, including staging areas, which are outside Weld County ROW and outside easements acquired by Weld County for construction, are the responsibility of the Contractor. These areas shall be subject to a separate CDPS-SCP and all other necessary permits, as they are considered a common plan of development if within a 1/4 mile of the construction site. The Contractor shall acquire these permits and submit copies to the Engineer prior to any disturbance. These permits, shall be acquired and all erosion and sediment control work performed at the Contractor's expense. These areas are subject to inspections by Weld County or any other agency. A documented use agreement between the permittee and the owner or operator of any control measures located outside of the permitted area that are utilized by the permittee's construction site for compliance with the CDPS-SCP, but not under the direct control of the permittee shall be placed in the project's SWMP. (d) Construction Implementation. The Contractor shall incorporate control measures into the project as outlined in the accepted schedule. (e) Stabilization. Once earthwork has started, the Contractor shall maintain erosion control measures until permanent stabilization of the area has been completed and accepted. Clearing, grubbing and slope stabilization measures shall be performed regularly to ensure final stabilization. Failure to properly maintain erosion control and stabilization methods, either through improper phasing or sequencing will require the Contractor to repair or replace sections of earthwork at the Contractor's expense. The Contractor shall schedule and implement the following stabilization measures during the course of the project: 1. Temporary Stabilization. At the end of each day, the Contractor shall stabilize disturbed areas by surface roughening, vertical tracking, or a combination thereof. Disturbed areas are locations where actions have been taken to alter the existing vegetation or underlying soil of a site, such as clearing, grading, road bed preparation, soil compaction, and movement and stockpiling of sediment and materials. Designated topsoil distributed on the surface or in stockpiles shall not receive temporary stabilization. Other stabilization measures may be implemented, as approved. The maximum area of temporary stabilization (excluding areas of designated topsoil) shall not exceed 20 acres. 2. Interim Stabilization. As soon as it is known with reasonable certainty that work will be temporarily halted for 14 days or more, sediment and material stockpiles and disturbed areas shall be stabilized using one or more of the specified following methods: (1) Application of 1.5 tons per acres of mechanically crimped certified weed free hay or straw in combination with an approved organic mulch tackifier. BID NO #B2100048 Page 90 17 REVISION OF SECTION 208 EROSION CONTROL (2) Placement of bonded fiber matrix in accordance with Section 213. (3) Placement of mulching (hydraulic) wood cellulose fiber mulch with tackifier, in accordance with Section 213 and with written approval of the engineer. (4) Application of spray -on mulch blanket in accordance with Section 213. Magnesium Chloride, Potassium Chloride and Sodium Chloride, or other salt products, shall not be used as a stabilization method. (5) Topsoil stockpiles shall receive interim stabilization unless specified in accordance with Section 207 as a different material than the other disturbed areas on -site. (6) Summer and Winter Stabilization. Summer and winter stabilization is defined as stabilization during months when seeding will not be permitted. As soon as the Contractor knows shutdown is to occur, interim stabilization shall be applied to the disturbed area. Protection of the interim stabilization method is required. Reapplication of interim stabilization may be required as directed. 3. Permanent Stabilization. Permanent stabilization is defined as the covering of disturbed areas with topsoil, seeding, mulching with tackifier, soil retention coverings, and such non - erodible methods as riprap, road shouldering, etc., or a combination thereof as required by the Contract. Other permanent stabilization techniques may be proposed by the Contractor, in writing, and shall be used when approved in writing by the Engineer. All permanent stabilization requirements shown on the plans shall be completed within four working days of the placement of the topsoil in accordance with Section 207. 4. Final Stabilization. Final stabilization is achieved when all ground disturbing activities at the site have been completed, and uniform vegetative cover has been established with an individual plant density of at least 70 percent of pre -disturbance levels, or equivalent permanent physical erosion reduction methods have been employed. (f) Maintenance. Erosion and sediment control practices and other protective measures identified in the SWMP as control measures for stormwater pollution prevention shall be maintained in effective operating condition until the CDPS-SCP has been transferred to Weld County. Control measures shall be continuously maintained in accordance with good engineering, hydrologic, and pollution control practices, including removal of collected sediment when silt depth is 50 percent or more of the effective height of the erosion control device. When possible, the Contractor shall use equipment with an operator rather than labor alone to remove the sediment. Maintenance of erosion and sediment control devices shall include replacement of such devices upon the end of their useful service life as recommended by the Contractor and approved by the Engineer. Maintenance of rock check dams and vehicle tracking pads shall be limited to removal and disposal of sediment or addition of aggregate. Damages resulting from failure to maintain control measures shall be repaired at the Contactor's expense. Complete site assessment shall be performed as part of comprehensive inspection and maintenance procedures to assess the adequacy of control measures at the site and the necessity of changes to those control measures to ensure continued effective performance. Where site assessment results in the determination that new or replacement control measures are necessary, the control measures shall be installed to ensure continuous effectiveness. BID NO #B2100048 Page 91 18 REVISION OF SECTION 208 EROSION CONTROL When identified, control measures shall be maintained, added, modified or replaced as soon as possible, immediately in most cases. Approved new or replaced control measures will be measured and paid for in accordance with subsections 208.11 and 208.12. Devices damaged due to the Contractor's negligence shall be replaced at the Contractor's expense. From the time seeding and mulching work begins until project acceptance the Contractor shall maintain all seeded areas. Damage to seeded areas or to mulch materials shall be immediately restored. Damage to seeded areas or to mulch materials due to Contractor negligence shall be immediately restored at the Contractor's expense. Restoration of other damaged areas will be measured and paid for under the appropriate bid item. Temporary control measures may be removed upon completion of the project, as determined by the Water Quality Partial Acceptance walk-through. If removed, the area in which these control measures were constructed shall be returned to a condition similar to that which existed prior to its disturbance. Removed control measures shall become the property of the Contractor. If the Contractor fails to complete construction within the approved contract time, the Contractor shall continue erosion and sediment control operations at its expense until acceptance of the work. Sediment removed during maintenance of control measures and material from street sweeping may be used in or on embankment, provided it meets the requirements of Section 203 and is distributed evenly across the embankment. Whenever sediment collects on the paved surface, the surface shall be cleaned. Street washing will not be allowed. Storm drain inlet protection shall be in place prior to shoveling, sweeping, or vacuuming. Sweeping shall be completed with a pickup broom or equipment capable of collecting sediment. Sweeping with a kick broom will not be allowed. Material from pavement saw cutting operations shall be cleaned from the roadway surface during operations using a vacuum. A control measure, such as a berm, shall be placed to contain slurry from joint flushing operations until the residue can be removed from the soil surface. Aggregate bags, erosion logs or other permeable control measures shall not be used. Residue shall not flow into driving lanes. It shall be removed and disposed of in accordance with subsection 107.25(b). Material containment and removal will not be paid for separately but shall be included in the work. 208.05 Construction of Control Measures. Control measures shall be constructed in accordance with Standard Plans M-208-1 and M-216-1, and with the following: (a) Seeding, Mulching, Sodding, Soil Retention Blanket. Seeding, mulching, sodding, and soil retention blanket installation shall be performed in accordance with Sections 212, 213, and 216. (b) Erosion Bales. The bales shall be anchored securely to the ground with wood stakes. BID NO #B2100048 Page 92 19 REVISION OF SECTION 208 EROSION CONTROL (c) Silt Fence. Silt fence shall be installed in locations specified in the Contract. (d) Temporary Berms. Berms shall be constructed to the dimensions shown in the Contract, and sufficiently compacted to prevent erosion or failure. If the berm erodes or fails, it shall be immediately repaired or replaced at the Contractor's expense. (e) Temporary Diversion. Diversions shall be constructed to the dimensions shown in the Contract and graded to drain to a designated outlet. The berm shall be sufficiently compacted to prevent erosion or failure. If the diversion erodes or fails, it shall be immediately repaired or replaced at the Contractor's expense. (f) (g) Temporary Slope Drains. Temporary slope drains shall be installed prior to installation of permanent facilities or growth of adequate ground cover on the slopes. All temporary slope drains shall be securely anchored to the slope. The inlets and outlets of temporary slope drains shall be protected to prevent erosion. Silt Berm. Prior to installation of silt berms, the Contractor shall prepare the surface of the areas in which the berms are to be installed such that are they free of materials greater than 2 inches in diameter and are suitably smooth for the installation of the silt berms, as approved. Silt berms shall be secured with spikes. The Contractor shall install the silt berm in a manner that will prevent water from going around or under the silt berm. Silt berms shall be installed on top of soil retention blanket or turf reinforcement blanket. (h) Rock Check Dam. Rock shall be installed at locations shown on the plans. Rock check dams shall conform to the dimensions shown on the plans. (i) Rip rap Outlet Protection. Geotextile used shall be protected from cutting or tearing. Overlaps between two pieces of geotextile shall be 1 foot minimum. Riprap size shall be as shown on the plans. (j) Storm Drain Inlet Protection. Prior to installation, the Contractor shall sweep the surface of the area in which the storm drain inlet protection devices are to be installed such that the pavement is free of sediment and debris. The ends of the inlet protection Type 1 and Type 2 shall extend a minimum of 1 foot past each end of the inlet. (k) The Contractor shall remove all accumulated sediment and debris from the surface surrounding all storm drain inlet protection devices after each rain event or as directed. The Contractor shall remove accumulated sediment from each Type II and III containment area when it is more than one third full of sediment, or as directed. The Contractor shall protect storm drain facilities adjacent to locations where pavement cutting operations involving wheel cutting, saw cutting, sand blasting, or abrasive water jet blasting are to take place. (I) Sediment Trap. Sediment traps shall be installed to collect sediment laden water and to minimize the potential of pollutants leaving the project site. Locations shall be as shown on the plans or as directed. BID NO #B2100048 Page 93 20 REVISION OF SECTION 208 EROSION CONTROL Sediment traps shall be constructed prior to disturbance of upslope areas and shall be placed in locations where runoff from disturbed areas can be diverted into the trap. The area under the embankment shall be cleared, grubbed, and stripped of any vegetation and roots. Fill material for the embankment shall be free of roots or other vegetation, organic material, large stones, and other objectionable material. Sediment shall be removed from the trap when it has accumulated to one half of the wet storage depth of the trap and shall be disposed of in accordance with subsection 208.04(f). (m) Erosion Logs. Erosion logs shall be embedded 2 inches into the soil. Stakes shall be embedded so that the top of the stake does not extend past the top erosion log more than 2 inches, at the discretion of the Engineer, a shallower stake depth may be permitted if adverse site conditions are encountered, e.g. rock or frozen ground. The Contractor shall maintain the erosion logs during construction to prevent sediment from passing over or under the logs. (n) Silt Dikes. Prior to installation of silt dikes, the Contractor shall prepare the surface of the areas in which the silt dikes are to be installed such that they are free of materials greater than two inches in diameter and are suitably smooth for the installation of the silt dikes, as approved by the Engineer. (o) Concrete Washout Structure. The concrete washout structure shall meet or exceed the dimensions shown on the plans. Work on this structure shall not begin until written acceptance of location is provided by the Engineer. Control measures designed for concrete washout waste shall be implemented. If the bottom of the excavated structure is within 5 feet of anticipated high ground water elevation or the soil does not have adequate buffering capacity to meet water quality standards, an impermeable synthetic liner shall be installed with the minimum properties shown in Table 208-5 or use a prefabricated washout. The following requirements shall be met: (1) The structure shall contain all washout water. (2) Stormwater shall not carry wastes from washout and disposal locations. (3) The site shall be located a minimum of 50 horizontal feet away from State waters and shall meet all requirements for containment and disposal as defined in subsection 107.25. (4) The site shall be signed as "Concrete Washout". (5) The site shall be accessible to appropriate vehicles. (6) Freeboard capacity shall be included in the structure design to reasonably ensure the structure will not overtop during or because of a precipitation event. (7) The Contractor shall prevent tracking of washout material out of the washout structure. (8) Solvents, flocculants, and acid shall not be added to wash water. (9) The structure shall be surrounded on three sides by a compacted berm. BID NO #B2100048 Page 94 21 REVISION OF SECTION 208 EROSION CONTROL (10) The structure shall be fenced with orange plastic construction fencing to provide a barrier to construction equipment and to aid in identification of the concrete washout area. (11) Concrete waste, liquid and solid, shall not exceed 2/ the storage capacity of the washout structure. (p) Pre -fabricated concrete washout structures (Type 1 and Type 2). Structures and sites shall meet the following requirements: (1) Structure shall contain all washout water. If bins are determined to be leaking, the Contractor shall replace the bin on -site and clean up the spilled material. (2) Structure shall be located a minimum of 50 horizontal feet away from State waters and shall be confined so that no potential pollutants will enter State waters and other sensitive areas as defined in the Contract. Locations shall be as approved by the Engineer. The pre- fabricated structure shall be signed as "Concrete Washout". Sign can be on portable bin. (3) The site shall be accessible to appropriate vehicles. (4) Washout bins shall be covered with a tarp tied down to the structure or staked to the ground when a storm event is anticipated. (5) Solvents, flocculants, and acid shall not be added to wash water. (6) Concrete waste, liquid and solid, shall not exceed % the storage capacity of the washout structure. (7) Prefabricated structures cannot be moved when they contain liquid, unless otherwise approved. (8) The concrete washout structure shall be installed and ready for use prior to concrete placement operations. (9) Washout areas shall be checked and maintained as required. On site permanent disposal of concrete washout waste is not allowed. (10) All liquid and solid wastes, including contaminated sediment and soils generated from concrete washout shall be hauled away from the site and disposed of properly at the Contractor's expense. (11) Delivery to the site shall not occur until written acceptance is provided by the Engineer for both the product and the concrete waste disposal facility. (q) Vehicle Tracking Pad (VTP). Vehicle tracking pads shall be constructed to the minimum dimensions shown in the Contract, unless otherwise directed by the Engineer. Construction of approved vehicle tracking pads shall be completed before any disturbance of the area. The Contractor shall maintain each vehicle tracking pad during the entire time that it is in use for the project. The vehicle tracking pad shall be removed at the completion of the project unless otherwise directed by the Engineer. Additional aggregate may be required for maintenance and will be not paid for separately. (r) Detention Pond. Permanent detention ponds shown on the construction plans may be used as temporary control measures if all the following conditions are met: (1) The pond is designated as a construction control measure in the SWMP. (2) The pond ouffall and outlet are designed and implemented for use as a control measure during construction in accordance with good engineering, hydrologic, and pollution control practices. The stormwater discharges from the outfall shall not cause degradation or pollution of State waters, and shall have control measures, as appropriate. BID NO #B2100048 Page 95 22 REVISION OF SECTION 208 EROSION CONTROL (3) All silt shall be removed and the pond returned to the design grade and contour prior to project acceptance. (s) Aggregate Bag. Aggregate bags shall be placed on a stable surface, consisting of hardscape or compacted gravel. If approved by the Engineer, the aggregate bag may be placed on compacted dirt areas, where bags conform to the surface and can effectively minimize sediment transport. Aggregate bags shall not be placed in concentrated flow areas. Aggregate bags shall be placed to conform to the surface without gaps to ensure that discharge water does not cause erosion. (t) Surface roughening. Surface roughening creates horizontal grooves along the contour of the slope. Roughening may be accomplished by furrowing, scarifying, ripping, or disking the soil surface to create a 2 to 4 inch minimum variation in soil surface. (u) Vertical Tracking. Vertical tracking involves driving a tracked vehicle up and down the soil surface and creating horizontal grooves and ridges along the contour of the slope. Sandy soils or soils that are primarily rock need not be tracked. 208.06 Materials Handling and Spill Prevention. The SWMP Administrator shall clearly describe and record on the SWMP, all practices implemented at the site to minimize impacts from procedures or significant material that could contribute pollutants to runoff. Areas or procedures where potential spills can occur shall have a Spill Response Plan in place as specified in subsections 107.25(b) or 208.06(c). Construction equipment, fuels, lubricants, and other petroleum distillates shall not be stored or stockpiled within 50 horizontal feet of any State waters or more if the Contractor determines necessary. Equipment fueling and servicing shall occur only within approved designated areas. (a) Bulk storage structures. Bulk storage structures for petroleum products and other chemicals shall have impervious secondary containment or equivalent adequate protection so as to contain all spills and prevent any spilled material from entering State waters. Secondary containment shall be capable of containing the combined volume of all the storage containers plus at least 10 percent freeboard. For secondary containment that is used and may result in accumulation of stormwater within the containment, a plan shall be implemented to properly manage and dispose of all accumulated stormwater which is deemed to be contaminated (e.g., has an unusual odor or sheen). (b) Lubricant Leaks. The Contractor shall inspect equipment, vehicles, and repair areas daily to ensure petroleum, oils, and lubricants (POL) are not leaking onto the soil or pavement. Absorbent material or containers approved by the Engineer shall be used to prevent leaking POL from reaching the soil or pavement. The Contractor shall have onsite approved absorbent material or containers of sufficient capacity to contain any POL leak that can reasonably be foreseen. The Contractor shall inform all Spill Response Coordinators in accordance with the Spill Response Plan if unforeseen leakage is encountered. All materials resulting from POL leakage control and cleanup shall become the property of the Contractor and shall be removed from the site. Control, cleanup, and removal of by-products resulting from POL leaks shall be performed at the Contractor's expense. BID NO #B2100048 Page 96 23 REVISION OF SECTION 208 EROSION CONTROL (c) Spill Response Plan. A spill Response Plan shall be developed and implemented to establish operating procedures for handling potential pollutants and preventing spills. The Response Plan shall contain the following information: (1) Identification and contact information of each Spill Response Coordinator. (2) Locations of areas on the project site where equipment fueling and servicing operations are permitted. (3) Location of cleanup kits. (4) Quantities of chemicals and locations stored on site. (5) Label system for chemicals and Safety Data Sheets (SDS) for products. (6) Clean up procedures to be implemented in the event of a spill that does not enter State waters or ground water. (7) Procedures for spills of any size that enter surface waters or groundwater or have the potential to do so. CDOT's Erosion Control and Stormwater Quality Guide contains spill notification contacts and phone numbers required in the Spill Response Plan. (8) A summary of the employee training provided. Information in items (1) through (8) shall be updated in the SWMP when they change. 208.07 Stockpile Management. Material stockpiles shall be located 50 horizontal feet away from State waters and shall be confined so that no potential pollutants will enter State waters and other sensitive areas as defined in the Contract. Locations shall be approved by the Engineer. Erodible stockpiles (including topsoil) shall be contained with acceptable control measures at the toe (or within 20 feet of the toe) throughout construction. Control measures shall be approved by the Engineer. The SWMP Administrator shall describe, detail, and record the sediment control devices on the SWMP. 208.08 Limits of Disturbance. The Contractor shall limit construction activities to those areas within the limits of disturbance shown on the plans and cross -sections. Construction activities, in addition to the Contract work, shall include the on -site parking of vehicles or equipment, on -site staging, on -site batch plants, haul roads or work access, and all other activities which would disturb existing soil conditions. Staging areas within the LDA shall be as approved by the Engineer. Construction activities beyond the limits of disturbance due to Contractor negligence shall be restored to the original condition by the Contractor at the Contractor's expense. The SWMP Administrator shall tabulate additional disturbances not identified in the CDPS-SCP application and indicate changes to locations and quantities on the SWMP. The Contractor shall report the changes and additional disturbances to the Engineer, Water Quality Control Division of CDPHE, and all other involved agencies. The Contractor shall pursue stabilization of all disturbances to completion. 208.09 Regulatory Mechanism for Water Quality. The Engineer will identify and document findings not in compliance with the Water Quality Specifications, as specified in subsection 208.09(a)(7), during water quality control inspections or observation by the Engineer. The Engineer will immediately notify the Contractor of these findings by issuing Form 105. Failure by the Contractor to clarify a finding location with the Engineer shall not interrupt the timelines noted in subsection 208.09(b). BID NO #B2100048 Page 97 24 REVISION OF SECTION 208 EROSION CONTROL Timelines noted in subsection 208.09(b) do not indemnify the Contractor from failing to comply with CDPS-SCP timelines for corrective actions. (a) Definitions. 1. Compliance Assistance. A low risk event as determined by the Engineer or MS4 Coordinator. Compliance assistance events are not considered Findings and not subject to the Regulatory Mechanism noted in subsection 208.09(b). 2. Deferment. A request from the Contractor to the Engineer to delay implementation of corrective actions for Regular Findings pertaining to Water Quality Specifications. Deferments may only be granted due to extraordinary circumstances. However, it is at the Engineer's discretion to approve or reject these requests. 3. Finding. An incident discovered through inspection by Weld County or by Engineer observation, which is noncompliant with the Water Quality Specifications. A Finding will be classified as one of the following: (1) Regular Finding. A situation upon inspection that is in noncompliance with the Water Quality Specifications. (2) Severe Finding. A discharge outside the project's Limits of Construction (LOC), subsection 107.25(a), to State waters or to a live inlet where the pollutant cannot be reclaimed. (3) Chronic Finding. A Chronic Finding is assessed when the same Regular Finding at the same location is documented twice in the last three Headquarters or Region water quality control inspections. Engineer observed findings outside these inspections will not apply. 4. Inspection Form 105. The Form 105 issued by the Engineer documenting findings from water quality inspections in accordance with subsection 208.03(c). 5. Location. The place where the finding was observed; can be a document (e.g., stormwater management plan [SWMP]) or physical location. A physical location must be described with enough detail to guide an independent party to the spot of the finding. Physical locations must be supported with at least one photograph. 6. Recalcitrance. Contractor has shown willful negligence or misrepresentation or unwillingness to adhere to the Water Quality Specifications. 7. Water Quality Specifications. Subsection 107.25, Sections 208, 213 and 216, and Standard Plans M-208-1 and M-216-1. (b) Liquidated Damages and Stop Work Orders. The Contractor will be subject to Liquidated Damages for incidents of failure to comply with the Water Quality Specifications and implement corrective actions to resolve noncompliance in the time frame established in subsection 208.09(b and c). Liquidated damages are for the Contractor's failure to comply with the Water Quality Specifications. BID NO #B2100048 Page 98 25 REVISION OF SECTION 208 EROSION CONTROL Liquidated damages will accumulate for each finding, for each cumulative day that the finding remains uncorrected. Liquidated damages associated with incidents pertaining to this subsection do not indemnify the Contractor of other Liquidated Damages associated with this project. In addition to Liquidated Damages, the Contractor will be subject to a project -wide Stop Work Order for recalcitrance and the Engineer may, in writing, issue a Stop Work Order for Chronic and Severe Findings in accordance with subsection 105.01. A Stop Work Order shall not result in the stopping of the Contract Time. Issuance of a Stop Work Order shall not be considered a valid reason for the Contractor asking for additional Contract Time. Findings are closed when the corrective action is complete, reported to the Engineer and accepted by the Engineer. The Engineer will notify the Contractor when the corrective action is accepted or denied. Liquidated damages will be assessed by the type of finding as follows and will continue until the corrective action is approved by the Engineer. 1. Regular Finding. The time required to repair a Regular Finding shall begin at 11:59 PM on the date the Inspection Form 105 is issued. The Contractor shall have no more than a 24 - hour grace period to correct the Regular Finding before Liquidated Damages are assessed. The grace period extends until 11:59 PM on the day after the Inspection Form 105 was issued. The Engineer will issue a Form 105 notifying the Contractor that Liquidated Damages are accruing at $1,500 per day per finding for each full or partial calendar day a Regular Finding remains uncorrected after the 24 -hour grace period. At 11:59 PM on the 2nd day after the Form 105 was issued, each uncorrected, undeferred Regular Finding will be assessed as recalcitrant and the Engineer will issue a project -wide stop work order. The Contractor shall fix each recalcitrant finding and submit a plan to avoid future instances of each recalcitrance to the Engineer for approval. The recalcitrance plan shall be in writing, signed by the Contractor and shall include: (1) Each Recalcitrant Finding. (2) Why the corrective action for each Recalcitrant Finding was not implemented within 2 days. (3) How the Contractor will avoid future recalcitrance. The Engineer will discuss the recalcitrance plan and may meet with the Superintendent to recommend modifications, if needed. The Engineer will issue a Form 105 accepting or rejecting the recalcitrance plan within 24 hours of the Contractor submitting a plan or resubmitting a modified plan. The Contractor will neither be reimbursed for costs incurred to fix each Recalcitrant Finding pertaining to a control measure in the SWMP plan nor costs to prepare the recalcitrance plan. The Contractor shall propose additional control measures, if needed, according to subsection 208.04(a). The project -wide Stop Work Order and Liquidated Damages will be assessed until approval of the corrective action for each Recalcitrant Finding and approval of the Contractor's recalcitrance plan by the Engineer is given. After written approval by the BID NO #B2 100048 Page 99 26 REVISION OF SECTION 208 EROSION CONTROL Engineer, the project -wide Stop Work Order will be lifted, and accrual of Liquidated Damages will cease. If the Contractor fails to perform corrective work by the end of the second day, the County shall have the option of utilizing a third -party to complete the corrective work. The Contractor shall be responsible for reimbursing the County the cost of utilizing a third -party to complete the corrective work. The cost for utilizing a third -party to complete the corrective work will be deducted from the month's pay application. If only the retainage release pay application is left to close out the project, the cost of corrective work will be deducted from the retainage release payment. If the retainage release payment does not cover the cost of the corrective work, the Contractor will be invoiced for the outstanding balance. The project acceptance and warranty period will not start until the Contractor has reimbursed the County for the entire cost of the corrective work. Failure by the Contractor to perform corrective work shall be grounds for withholding progress payments. 2. Severe Finding. In response to a Severe Finding, the Engineer will issue Inspection Form 105 and immediately assess Liquidated Damages of $3,500 per Severe Finding. Severe Findings shall not be eligible for the twenty -four-hour grace period (subsection 208.09(b)1). Liquidated damages will accrue at $3,500 per Severe Finding per calendar day beginning at 11:59 PM of day the Inspection Form 105 is issued. (1) If the Severe Finding is a discharge to State waters, the Contractor shall prevent any further discharge and shall reclaim discharge which has not yet entered State waters. The Contractor shall report the discharge to CDPHE in accordance with CDPS-SCP requirements. (2) If the Severe Finding is a discharge outside the LOC that does not enter State waters, the Contractor shall fully reclaim the discharge before it enters State waters and implement relevant CDPS-SCP noncompliance notification procedures. The Engineer may require the Contractor to submit a plan for permanent stabilization of disturbed areas outside the LOC per 208.04(e)4 for approval. Permanent stabilization plans pertaining to Severe Findings and subsequent stabilization activities are not subject to 208.09(b). The Contractor shall not be reimbursed for activities undertaken to reclaim the discharge, stabilize areas outside the LOC and implement relevant CDPS-SCP noncompliance notification procedures. If the Contractor fails to immediately perform corrective work, the County shall have the option of utilizing a third -party to complete the corrective work. The Contractor shall be responsible for reimbursing the County the cost of utilizing a third -party to complete the corrective work. The cost for utilizing a third -party to complete the corrective work will be deducted from the month's pay application. If only the retainage release pay application is left to close out the project, the cost of corrective work will be deducted from the retainage release payment. If the retainage release payment does not cover the cost of the corrective work, the Contractor will be invoiced for the outstanding balance. The project acceptance and warranty period will not start until the Contractor has reimbursed the County for the entire cost of the corrective work. Failure by the Contractor to perform corrective work shall be grounds for withholding progress payments. BID NO #B2100048 Page 100 27 REVISION OF SECTION 208 EROSION CONTROL 3. Chronic Finding. In response to a Chronic Finding, the Engineer will issue Inspection Form 105 and immediately assess Liquidated Damages of $1,500 per Chronic Finding. Chronic Findings shall not be eligible for the twenty -four-hour grace period (subsection 208.09(b)). Liquidated damages will accrue at $1,500 per Chronic Finding per day beginning at 11:59 PM of day the Inspection Form 105 is issued. When the Chronic Finding is comprised of two Severe Findings, the Engineer will assess Liquidated Damages in accordance with this specification. If the Contractor fails to immediately perform corrective work, the County shall have the option of utilizing a third -party to complete the corrective work. The Contractor shall be responsible for reimbursing the County the cost of utilizing a third -party to complete the corrective work. The cost for utilizing a third -party to complete the corrective work will be deducted from the month's pay application. If only the retainage release pay application is left to close out the project, the cost of corrective work will be deducted from the retainage release payment. If the retainage release payment does not cover the cost of the corrective work, the Contractor will be invoiced for the outstanding balance. The project acceptance and warranty period will not start until the Contractor has reimbursed the County for the entire cost of the corrective work. Failure by the Contractor to perform corrective work shall be grounds for withholding progress payments. (c) Deferment. If the Contractor seeks deferment, the Superintendent shall submit a deferment request to the Engineer by 11:59 PM of the day after the issuance of Inspection Form 105. Chronic and Severe Findings are not eligible for deferment. The deferment request shall be in writing, signed by the Superintendent and shall include: 1. Regular Findings to be deferred 2. The reasons why the Findings cannot be corrected in twenty-four hours 3. An action plan containing: (i) Methodology to protect water quality until each deferred Finding is corrected and accepted (ii) Milestones to measure progress toward completion (iii) Additional control measures to be implemented until each deferred Finding is corrected and accepted (iv) Corrective completion dates for each Finding The Engineer will discuss the deferment request and may meet with the Superintendent to recommend modifications to the action plan. The Engineer will issue a Form 105 accepting or rejecting the deferment request by 11:59 PM of the second day after the Inspection Form 105 documenting the Regular Finding is issued. The County will not accept a deferment for operational error, improperly installed control measures, inadequate control measures, lack of preventative maintenance, careless or improper operation, or other non -proactive reason. Preparation of deferment documentation and additional materials, including additional control measures, required to complete the action plan shall be at the Contractor's expense. Time frames noted in subsection 208.09(b)1 will not be stopped during the deferment review period, therefore, Liquidated Damages will be assessed beginning 11:59 PM on calendar day two if the deferment BID NO #B2100048 Page 101 28 REVISION OF SECTION 208 EROSION CONTROL request is rejected and, furthermore, a rejected deferment plan (subsection 208.09(c)) shall not absolve the Contractor from recalcitrance. The Engineer will assess Liquidated Damages in the amount of $1,500 per calendar day, and partial day, for each uncorrected Deferred Finding. These Liquidated Damages will start on the date the uncorrected work was deferred to be completed (subsection 208.09(c)(3)). In addition, Liquidated Damages of $1,500 per calendar day will be assessed retroactively to 11:59 PM of the day the finding was originally noted on the Inspection Form 105. (d) Conflict Resolution. Subsections 105.22, 105.23, and 105.24 detail the process through which the parties (Weld County and the Contractor) agree to resolve any issue that may result in a dispute. (e) Exemptions. The Engineer will exempt from subsection 208.09(b) situations of Compliance Assistance, Documented Upset Conditions, Documented Reportable Spills and Documented Winter Exemptions. Release from subsection 208.09(b) does not exempt the Contractor from compliance with CDPS-SCP. 1. Documented Upset Condition. The Contractor shall report, both verbally and in writing, the Upset Condition to CDPHE per CDPS-SCP Part II.L.6 and subsection 208.03(c) and provide written documentation to the Engineer. The Engineer will issue a Form 105 and recognize the exemption to the Regulatory Mechanism. The Contractor shall also update the SWMP with the Form 105 and the documented Upset Condition. 2. Documented Reportable Spills. The Contractor shall report, both verbally and in writing, the Reportable Spill to CDPHE per subsection 107.25(b) and provide written documentation to the Engineer. The Engineer will issue a Form 105 and recognize the exemption to the Regulatory Mechanism. The Contractor shall also update the SWMP with the Form 105 and the documented Reportable Spill. 3. Winter Exemptions. The Contractor is unable to address findings noted on the Headquarters or Region led water quality control inspection due to: (i) Snow covers the entire site for an extended period and; (ii) No construction activity and; (iii) Melting conditions posing a risk of surface erosion do not exist. The Contractor shall request a Winter Exemption to the Engineer. If approved, the Engineer will issue a Form 105 and recognize the exemption to subsection 208.09(b). The Contractor shall also update the SWMP with the Form 105 and the documented Winter Exemption. Liquidated Damages, if assessed, will only accrue up to the point where the Winter Exemptions are approved. 208.10 Items to Be Completed Prior to Requesting Partial Acceptance of Water Quality Work. (a) Reclamation of Washout Areas. After concrete operations are complete, washout areas shall be reclaimed in accordance with subsection 208.05(n) at the Contractor's expense. (b) Survey. When Permanent Water Quality control measures are required on the project, the Contractor shall survey the control measures to confirm that they conform to the configuration BID NO #B2100048 Page 102 29 REVISION OF SECTION 208 EROSION CONTROL and grade shown on the Plans. The survey shall conform to Section 625. The results of the survey shall be submitted as CAD drawing files and PDF files, showing both designed and final elevations and configurations. Paper versions of the drawings shall be submitted with the stamp and seal of the Contractor's Surveyor. The Engineer will perform a walkthrough of the Permanent control measures to confirm conformance to material requirements, locations, and dimensions of the Permanent control measures. Permanent control measures not meeting the Contract requirements will be identified in writing by the Engineer and shall be repaired or replaced at the Contractor's expense. Correction surveys shall be performed at the Contractor's expense to confirm the locations and dimensions of each Permanent control measure. Final as -built plans of the Permanent control measures shall be provided to the Engineer for their records. (c) Locations of Temporary Control Measures. The Engineer will identify locations where modification, cleaning, or removal of temporary control measures are required and will provide these in writing to the Contractor. Upon completion of work required, the SWMP Administrator shall modify the SWMP to provide an accurate depiction of control measures to remain on the project site. All punch list and walkthrough items shall be completed and approved by the Engineer and Maintenance. METHOD OF MEASUREMENT 208.11 Erosion Control Management will be measured as the actual number of days of ECM work performed, regardless of the number of personnel required for SWMP Administration and Erosion Control Inspection, including erosion control inspections, documentation, meeting participation, SWMP Administration, and the preparation of the SWMP. Erosion bales and rock check dams will be measured by the actual number installed and accepted. Silt fence, silt berms, erosion logs, aggregate bags, silt dikes, temporary berms, temporary diversions, and temporary slope drains, will be measured by the actual number of linear feet that are installed and accepted as measured along the centerline of the BMP. Measured length will not include required overlap. All BMPs measured by the Square Yard (SY) shall not include the required overlap. All BMPs measured by the linear foot shall be determined along the centerline of the BMP. Measured length will not include required overlap. Concrete washout structure will be measured by the actual number of structures that are installed and accepted. Pre -fabricated concrete washout structures will be measured by the actual number of structures delivered to the site. It shall not include structures moved on -site. BID NO #B2 100048 Page 103 30 REVISION OF SECTION 208 EROSION CONTROL Storm drain inlet protection will be measured by linear foot or actual number of devices that are installed and accepted. Sediment trap quantities will be measured by the actual number installed and accepted. Removal of trash that is not generated by construction activities will be measured by the actual number of hours that Contractor workers actively remove trash from the project. Each week the Contractor shall submit to the Engineer a list of workers and the hours spent collecting such trash. Removal of accumulated sediment from traps, basins, areas adjacent to silt fences and erosion bales, and other clean out excavation of accumulated sediment, and the disposal of such sediment, will be measured by the number of hours that equipment, labor, or both are used for sediment removal. Vehicle tracking pads will be measured by the actual number constructed and accepted. Additional aggregate may be required for maintenance and will be not paid for separately. Pre -fabricated vehicle tracking pads will be measured by the actual number of pads delivered to the site and set up to the minimum dimensions. It shall not include pads moved on -site. BASIS OF PAYMENT 208.12 ECM and control measures will be paid for at the Contract unit price for each of the items listed below that appear in the bid schedule. Payment will be made under: Pay Item Pay Unit Aggregate Bag Linear Foot Concrete Washout Structure Each Erosion Bales (Weed Free) Each Erosion Control Management Day Erosion Log (Type 1) (12 Inch)(10 Feet) Linear Foot Erosion Log (Type 2) (_Inch) (_) Linear Foot Erosion Log (Type 3) (_Inch) (_) Linear Foot Pre -Fabricated Concrete Washout Structure (Type 1) Each Pre -Fabricated Concrete Washout Structure (Type 2) Each Pre -Fabricated Vehicle Tracking Pad Each Maintenance Aggregate (Vehicle Tracking Pad) Cubic Yard Removal and Disposal of Sediment (Equipment) Hour Removal and Disposal of Sediment (Labor) Hour Removal and Disposal of Sediment (Combined Labor and Equipment) Hour Removal of Trash Hour Rock Check Dam Each Sediment Basin (L=20 ft) (W=5 ft) (D=2 ft) Each BID NO #B2100048 Page 104 31 REVISION OF SECTION 208 EROSION CONTROL Sediment Trap Each Silt Berm Linear Foot Silt Dike Linear Foot Silt Fence Linear Foot Silt Fence (Reinforced) Linear Foot Storm Drain Inlet Protection (Type_) Linear Foot Storm Drain Inlet Protection (Typed Each Sweeping (Sediment Removal) Hour Temporary Berm Linear Foot Temporary Diversion Linear Foot Temporary Slope Drain Linear Foot Vehicle Tracking Pad Each Payment for Erosion Control Management (ECM) will be full compensation for all labor, materials and equipment necessary for the SWMP Administrator and Erosion Control Inspectors to perform all the work described in this specification. This includes assembling items (5) to (18) in subsection 208.03(d)1 and required updates to the SWMP. The SWMP Administrator and ECI's commute times will not be measured and paid for separately but shall be included in the work. Modifications to the SWMP due to construction errors or survey errors by the Contractor shall be made at the Contractor's expense. Surface roughening and vertical tracking (temporary stabilization) will not be measured and paid for separately but shall be included in the work. Payment for each control measure item will be full compensation for all work and materials required to furnish, install, maintain, and remove the control measure when directed. Payment for Removal and Disposal of Sediment (Equipment) will be full compensation for use of the equipment, including the operator. Payment for Removal and Disposal of Sediment (Labor) will be full compensation for use of the labor. Payment for concrete washout structure, whether constructed or prefabricated, will be full compensation for all work and materials required to install, maintain, and remove the item. Maintenance and relocation, as required, of these structures throughout the duration of the project will not be measured and paid for separately but shall be included in the work. Silt berm spikes and wood spikes will not be measured and paid for separately but shall be included in the work. When required, soil retention blankets will be measured and paid for in accordance with Section 216. Compost and wood stakes for Erosion Log (Type 2) will not be measured and paid for separately but shall be included in the work. BID NO #B2 100048 Page 105 32 REVISION OF SECTION 208 EROSION CONTROL Spray -on mulch blankets required by the Contract, including those used in both interim and final stabilization, will be measured and paid for in accordance with Section 213. Payment for storm drain inlet protection will be full compensation for all work, materials, and equipment required to complete the item, including surface preparation, maintenance throughout the project, and removal upon completion of the work. Aggregate will not be measured and paid for separately but shall be included in the work. Sweeping, when used as a control measure as shown in the Contract, will be measured by the number of hours that a pickup broom or equipment capable of collecting sediment, authorized by the Engineer, is used to remove sediment from the roadway or other paved surfaces. Each week the Contractor shall submit to the Engineer a statement detailing the type of sweeping equipment used and the number of hours it was used to pick up sediment. The operator will not be measured and paid for separately but shall be included in the work. Stakes, anchors, connections, geotextile, riprap, and tie downs used for temporary slope drains will not be measured and paid for separately but shall be included in the work. Payment for vehicle tracking pad will be full compensation for all work, materials and equipment required to construct, maintain, and remove the entrance upon completion of the work. Aggregate and geotextile will not be measured and paid for separately but shall be included in the work. Seeding, sod, mulching, soil retention blanket, and riprap will be measured and paid for in accordance with Sections 212, 213, 216, and 506. All work and materials required to perform the permanent control measure survey and furnish the electronic files shall be included in the original unit price bid for surveying. Surveying will be measured and paid for in accordance with Section 625. Payment will be made for control measures replaced as approved by the Engineer. Temporary erosion and sediment control measures required due to the Contractor's negligence, carelessness, or failure to install permanent controls as a part of the work as scheduled or ordered by the Engineer or for the Contractor's convenience, shall be performed at the Contractor's expense. If the Contractor fails to complete construction within the contract time, payment will not be made for Section 208 pay items for the period of time after expiration of the contract time. These items shall be provided at the Contractor's expense. END OF SECTION BID NO #B2100048 Page 106 1 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING Section 212 of the Standard Specifications is hereby deleted for this project and replaced with the following: DESCRIPTION 212.01 This work consists of application of fertilizer, soil amendments, seedbed preparation, and placing seed and sod. Substitutions from this specification will not be allowed unless submitted in writing to the Engineer and approved by the Engineer. Multiple seeding operations shall be anticipated as portions of the job are completed in order to take advantage of growing conditions and to comply with Section 208 and this section. MATERIALS 212.02 Seed, Fertilizers, Soil Conditioners, Mycorrhizae, Elemental Sulfur, and Sod. (a) Seed. Seed shall be delivered to the project site in sealed bags tagged by a registered seed supplier conforming to the requirements of the Colorado Seed Act, CRS 35-27-111(1). Seed used on the project shall not be in the Contractor's possession for more than 30 days from the date of pickup or delivery on the seed vendors packing slip. Bags which have been opened or damaged prior to Engineer inspection will be rejected. The State required legal tags shall remain on the bag until opened and the seed is placed in either the drill or hydraulic seeders in the presence of the Engineer. The Engineer shall remove all tags after seed has been planted. Each seed tag shall clearly show the following: (1) Name and address of the supplier (2) Botanical and common name for each species (3) Lot numbers (4) Percent by weight of inert ingredients (5) Guaranteed percentage of purity and germination (6) Pounds of Pure Live Seed (PLS) of each seed species (7) Total net weight in pounds of PLS in the sealed bag (8) Calendar month and year of test date Seeds shall be free from all noxious weed seeds in accordance with Colorado Seed Act (CRS 35- 17) prohibited noxious weed seed list. Weed seed content shall not exceed the requirements in part 7.2 of the Colorado Department of Agriculture's Seed Act Rules and Regulations. BID NO #B2100048 Page 107 2 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING Seed which has become wet, moldy, or damaged in transit or in storage will not be accepted. Seed and seed labels shall conform to all current State regulations and to the testing provisions of the Association of Official Seed Analysis. Computations for quantity of seed required on the project shall include the percent of purity and percent of germination. The Contractor shall store seed under dry conditions, at temperatures between 35 °F to 90 °F, under low humidity and out of direct sunlight. The Contractor shall provide the location of where seed is stored and access to stored seed locations to the Engineer. Seed stored by the Contractor for longer than 30 will be rejected. SEED MIXTURE (ROADWAYS NORTH OF CR 74 Common Name Pounds PLS/Acre Buffalo Grass (Texoka, Sharps Improved) 1.50 Little Bluestem (Blaze, Cimarron, Camper) 1.50 Sideoats Grama (Vaughn, Butte, Niner, El Reno, Haskell) 2.00 Blue Grama (Hachital, Lovington) 3.50 Western wheatgrass (Arriba, Barton, Rosana) 3.00 Switchgrass (Nebraska 28, Blackwell) 1.50 Perennial Ryegrass (Calibra or Garibaldi tetraploid) 0.75 Sand dropseed 0.25 Total 14.00 SEED MIXTURE (ROADWAYS SOUTH OF CR 74 Common Name Pounds PLS/Acre Western wheatgrass (Arriba, Barton, Rosana) 2.50 Blue Grama (Hachital, Lovington) 1.50 Sideoats Grama (Vaughn, Butte, Niner, El Reno, Haskell) 2.25 Smooth Brome (Lincoln, Manchar) 2.00 Sand dropseed 0.25 Perennial Ryegrass (Calibra or Garibaldi tetraploid) 0.75 Slender Wheatgrass (Pryor, Revenue, or San Luis) 2.50 Alkaligrass (Fults II, Salt on Sea) 1.25 Switchgrass (Nebraska 28, Blackwell) 1.50 Total 14.00 Total 14.00 SEED MIXTURE (KOSKIE, LEHR, PIERCE NORTH, ASHBAUGH, FISCUS NORTH, AND GEISERT GRAVEL PITS Common Name Pounds PLS/Acre Buffalo Grass (Texoka, Sharps Improved) 4.50 Little Bluestem (Blaze, Cimarron, Camper) 1.00 Sideoats Grama (Vaughn, Butte, Niner, El Reno, Haskell) 2.00 Blue Grama (Hachital, Lovington) 3.00 Green Needlegrass 1.00 Western wheatgrass (Arriba, Barton, Rosana) 1.50 Switchgrass (Nebraska 28, Blackwell) 1.00 BID NO #B2 100048 Page 108 3 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING SEED MIXTURE (KOENIG AND HOKESTRA GRAVEL PITS) Common Name Pounds PLS/Acre Western wheatgrass (Arriba, Barton, Rosana) 6.00 Smooth Brome (Lincoln, Manchar) 2.00 Sideoats Grama (Vaughn, Butte, Niner, El Reno, Haskell) 2.00 Blue Grama (Hachital, Lovington) 3.00 Switchgrass (Nebraska 28, Blackwell) 1.00 Total 14.00 WB-cedar wheat or approved equivalent shall be added to the Seed Mixtures as a nurse crop at a rate of 15 PLS per acre. Native grass and sterile wheat seeding shall be done using the appropriate seed drill. (b) Organic Fertilizer. Soil in all areas to receive native seed shall be fertilized and conditioned. Soil shall be tested in accordance with the Weld County Revision to Section 207. Fertilizer derived directly from plant or animal sources shall conform to Colorado Revised Fertilizer Rules 8 CCR 1202-4. Fertilizer shall be uniform in composition and shall be delivered to the site in the original, unopened containers, each bearing the manufacturer's name, address, and nutrient analysis. Fertilizer bags (containers) which arrive at the project site opened, damaged, or lacking a label will be rejected. The Contractor shall only use bulk shipments such as tote bags or super sacks that have a manufacture's original label and sealed at the manufacturing facility. Fertilizer which becomes caked or damaged will not be accepted. Fertilizer shall be stored according to manufacturer's recommendations in a dry area where the fertilizer will not be damaged. Organic fertilizer formulation being submitted for use must be registered with the Colorado Department of Agriculture. Verification tests may be conducted by CDOT on grab samples of organic fertilizer delivered to the site to determine the reliability of bag label analysis and for ingredients which are injurious to plants. If a product of any supplier is found to consistently deviate from the bag level analysis, the acceptance of that product will be discontinued. Copies of the failing test reports will be furnished to the Colorado State Board of Agriculture for appropriate action under the "Colorado Fertilizer Law". Fertilizer shall be supplied in one of the following physical forms: 1. A dry free -flowing granular fertilizer, suitable for application by agricultural fertilizer spreader. 2. A homogeneous pellet, suitable for application by agricultural fertilizer spreader. Pellet size shall be 2-3 mm. Smaller may be allowed when Seeding (Native) Hydraulic is shown on the plans. 3. A soluble form that will permit complete suspension of insoluble particles in water, suitable for application by power sprayer. The application rate of the organic fertilizer shall be either as high or low nitrogen (N) fertilizer at the rates recommended by the CSU Soil Testing Laboratory. The organic fertilizer chemical analysis shall conform to Table 212-2. BID NO #B2100048 Page 109 4 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING Table 212-2 Chemical Analysis for Fertilizer Ingredient I Range I Test Method High N Fertilizer Nitrogen (N) (%) 6 - 10 AOAC Official Method 993.13 Nitrogen (Total) in Fertilizers Combustion Method Phosphorus (P) (%) 1 - 8 AOAC Official Method 960.03 Phosphorus (Available) in Fertilizers Potassium (K) (%) 1 - 8 AOAC Official Method 983.02 Potassium in Fertilizers Low N Fertilizer Nitrogen (N) (%) 2 -5 AOAC Official Method 993.13 Nitrogen (Total) in Fertilizers Combustion Method Phosphorus (P) (%) 3 - 8 AOAC Official Method 960.03 Phosphorus (Available) in Fertilizers Potassium (K) (%) 1 - 8 AOAC Official Method 983.02 Potassium in Fertilizers Organic fertilizers shall conform to Table 212-3. Table 212-3 Organic Fertilizer Properties Criteria Moisture content by weight Range <6% (c) Compost (Mechanically Applied). Compost shall be suitable for use in Erosion Log (Type 2) and permanent seeding applications. Compost shall not contain visible refuse, other physical contaminants, or substances considered harmful to plant growth. Compost shall be used in accordance with all applicable EPA 40 CFR 503 standards for Class A biosolids including the time and temperature standards. Materials that have been treated with chemical preservatives as a compost feedstock will not be permitted. The Contractor shall provide material that has been aerobically composted in a commercial facility. Compost shall be from a producer that participates in the United States Composting Council's (USCC) Seal of Testing Assurance (STA) program. The County will only accept STA approved compost that is tested in accordance with the USCC Test Methods for Examining of Composting and Compost (TMECC) manual. Verification tests may be conducted by the County on grab samples of compost delivered to the site to determine the gradation and physical properties. Testing may be done for indication of ingredients which are injurious to plants. Sampling procedures will follow the STA 02.01 Field Sampling of Compost Materials and 02.01-B Selection of Sampling Locations for Windrows and Piles. If a product is found to consistently deviate from the gradation and property analysis, the acceptance of that product will be discontinued. Copies of the failing test reports will be furnished to the USCC. 1. Compost for permanent seeding soil conditioner locations onsite shall be as shown on the plans. BID NO #B2100048 Page 110 5 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING Application rates shall meet or exceed the rate recommended by the CSU Soil Testing Laboratory. Organic matter in compost shall be no more than 2 inches in length. Compost (Mechanically Applied) for permanent seeding shall meet the gradation and physical properties as shown in Table 212-4 and Table 212-5. The Contractor shall provide a written explanation for compost tested parameters not within the acceptable requirements for review and consideration. The Contractor shall provide documentation from the composting facility confirming that the material has been tested in accordance with USCC TMECC. Table 212-4 Gradation for Permanent Seeding Compost Sieve Size Percent Passing Minimum Maximum Test Method 25.0 mm (1") 104 TMECC 02.02-B, "Sample Sieving for Aggregate Size Classification" 19.0 mm (3/4") 90 100 6 25rtm (1/4") 70 '; 100 Note: Compost shall be from a producer that participates in the USCC STA program. Table 212-5 Properties for Permanent Seeding Compost Compost Parameters Reported as Requirements Test Method pH Soluble Salts (Electrical Conductivity) Moisture Content ": Organic Matter Content Carbon to Nitr n Ratio (C:N)T Man-made Inert Contamination (plastic, metal, concrete, ceramics, etc.) Stability (respii omet ) Select Pathogens and weed free ` pH units dS/m (mmhos/cm) %, wet weight basis %, dry weight basis pounds per cubic yard %, dry weight basis per'TS per day' g mg: CC 2-C per OM per day (PASS/FAIL) Limits: Salmonella < 3 MPN/4 grams of TS, or Coliform Bacteria < 1000 MPN/gram 6.0 - 8.5 < 5.0 25% - 50% 20% - 50% >240 < 15;1 < 1% 8 or below Pass TMECC 44.1 A `. TMECC 04.10-A TMECC 03.09-A TMECC 05.07-A TMECC 03.08-A TMECC 05.08-B TMECC 07.01-B Fecal Coliforms, or 07.02 Salmonella BID NO #B2 100048 Page 111 6 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING Table 212-5 Properties for Permanent Seeding Compost (Continued) Compost Parameters Reported as Requirements Test Method Trace Metals (PASS/FAIL) Limits (mg kg -1, dw basis): Arsenic (As) 41, Cadmium (Cd) 39, Copper (Cu)1500, Lead (Pb) 300, Mercury (Hg) 17, Nickel (Ni) 420, Selenium (Se) 100, Zinc (Zn) 2800 Maturity (Bioassay) Percent Emergence %, (average) Relative Seedling %, (average) Vigor Pass > 80% > 80% TMECC 04.06 TMECC 05.05-A Use the STA Lab bulk density lb/cu ft as received, multiplied by organic matter % as received, multiplied by 27 to calculate pounds per cubic yard of organic matter. 2. Compost for Erosion Log (Type 2) shall meet the gradation and physical properties as shown in Table 212-6 and Table 212-7. Table 212-6 Gradation for Erosion Log (Type 2) Compost Sieve Size Percent Passing Minimum Maximum Test Method 75.0 mm (3") 100 TMECC 02.02-B, "Sample Sieving for Aggregate Size Classification" 25.0mm(1") 90 100 9.5 mm (3/8") 10 50 Note: Organic matter for erosion log compost shall be no more than 4 inches in length. Compost shall be from a producer that participates in the USCC STA program. Table 212-7 Properties for Erosion Log (Type 2) Compost Compost Parameters Reported as Requirements Test Method pH pH units 6.0 - 8.5 TMECC 04:11-A Soluble Salts (Electrical dS/m (mmhos/cm) < 5.0 TMECC 04.10-A Conductivity) Moisture Content %, wet weight basis < 60% TMECC 03.09-A Organic Matter Content %, dry weight basis 25% - 100% TMECC 05.07-A BID NO #B2100048 Page 112 7 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING Table 212-7 Properties for Erosion Log (Type 2) Compost (Continued) Compost Parameters Reported as Requirements Test Method Man-made Inert Contamination (plastic, concrete, ceramics, metal, etc.) Stability (respirometry) Select Pathogens and weed free Trace Metals Percent Emergence Relative Seedling Vigor %, dry weight basis mg CO2-C per g TS per day mg CO2-C per g OM per day (PASS/FAIL) Limits: Salmonella < 3 MPN/4 grams of TS, or Coliforrn Bacteria < 1O00 MPN/gram (PASS/FAIL) Limits (mg kg -1. dw basis): Arsenic (As) 41, Cadmium (Cd) 39, Copper (Cu)1500, Lead (Pb) 300, Mercury (Hg) 17, Nickel (Ni) 420, Selenium (Se) 100, Zinc (Zn) 2800 %, (average) %, (average) < 0.5% N/A Pass Pass N/A N/A TMECC 03.08-A TMECC 05.08-B TMECC 07.01-B Fecal Coliforms, or 07.02 Salmonella TMECC 04.06 TMECC 05.05-A (d) Hydraulic Growth Medium (HGM). The soil conditioner shall be Biotic Earth Black HGM or approved equivalent. In order to be considered an equivalent to Biotic Earth Black, the submitted HGM shall meet or exceed every specification category. The HGM shall be composed from a combination of thermally and mechanically processed straw and flexible flax fibers; sphagnum peat moss or certified compost and other organic growth enhancing additives. HGMs shall be based on their composition for different soil building, vegetation establishment and erosion control characteristics. In addition to the HGM, the CSU Soil Testing Laboratory may recommend additional soil fertilizers and conditioners which shall be added. Additional fertilizer and soil conditioner recommendations shall be applied in accordance with the CSU Soil Testing Laboratory recommendations. The HGM shall be pre-packaged in ultraviolet and weather resistant packaging and labeled from the manufacturer. Bags (containers) which arrive at the project site opened, damaged, or lacking a label will be rejected. Bulk shipments such as tote bags will be rejected. Biotic soil amendments shall be stored in locations not exceeding 80 °F. The HGM shall be applied at a rate of 4,500 pounds/acre unless otherwise specified by the CSU Soil Testing Laboratory. Special application rate considerations may be required depending on environmental and soil conditions along with erosion potential on the site. At no time will field mixing of organic fiber materials be allowed. BID NO #B2 100048 Page 113 8 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING The HGM shall be a minimum of 40% by volume of thermally and mechanically processed straw, flexible flax fibers; a minimum of 58% by volume of sphagnum peat moss or compost, and a minimum of 2% by volume of additional materials that provides plant derived valuable trace minerals, sugars, starches, proteins, fiber and amino acids, growth stimulant/regulator, and mycorrhiza inoculants. The Contractor shall submit the Application Rates Guide, Installation and Mixing Instructions, and Product Specifications to the Engineer for approval. The Contractor shall submit a letter of certification from the Manufacturer or Representative showing the products meet or exceed all material composition requirements, laboratory testing properties, and product packaging requirements. Certification shall detail that the straw or fiber was processed at over 160 degrees Fahrenheit to ensure material is weed free. The Contractor shall provide a CTR with independent laboratory analysis in accordance with subsection 106.13. The use of mulch tackifier (Plantago Insularis or pre -gelatinized corn starch polymer) shall be in accordance with Section 213. It shall be used as a wetting agent at a rate of 30 pounds per acre. Biotic soil amendments shall provide a continuous and uniform cover. (e)_ Humate. The Contractor shall provide a screened dry granular form of organic humic and fulvic acid substance. Humate shall be pre-packaged and labeled from the manufacturer. Bags (containers) which arrive at the project site opened, damaged, or lacking label will be rejected. The Contractor shall only use bulk shipments such as tote bags or super sacks that have a manufacture's original label and sealed at the manufacturing facility. Humate shall be stored in locations not exceeding 80°F. Humate shall be provided in accordance with the CSU Soil Testing Laboratory recommended rates. Product shall conform to the parameters in Table 212-8 and Table 212-9. Table 212-8 Screened Size Requirements for Humate Seeding Method Reported as Requirement Seeding (Native) Drill, Hydraulic and Broadcast inches < 1/4 Table 212-9 Performance and Physical Requirements of Humate Parameters Reported as Requirement Test Method Organic Matter %, dry weight basis >70% Fines (material that is finer than the No. 200 sieve) %, dry weight basis <2% ASTM D7928 pH pH units 3.0 - 4.5 ASTM D1293 Acute Toxicity Pass / Fail Non Toxic ASTM 7101 or EPA Method 2021 or 2002 Humic and Fulvic Acids %, dry weight basis > 70% A & L Western method; total alkali extractable BID NO #B2100048 Page 114 9 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING Table 212-9 Performance and Physical Requirements of Humate (Continued) Parameters Carbon Content Moisture Content Heavy Metal / Ash Content The Contractor shall provide a CTR with independent laboratory analysis for the required parameters accordance With subsection 106.:13. Reported as %, dry weight basis %, dry- weight basis %, dry weight basis Requirement 40% - 50% <20°I¢ < 15% Test Method n (f) Mycorrhizae. Mycorrhiza shall be added to the seed mix as a seed coating. Mycorrhizae shall arrive onsite in original and undamaged packaging. Handling of this material shall follow manufacturer's safety recommendations. Mycorrhizae shall be stored onsite in such a way as to avoid exposure to direct sunlight for more than four hours and to prevent package temperatures to rise above 85 °F. The endo mycorrhizal inoculum shall provide at least 60,000 propagules per pound and shall contain all of the following species and conform to the parameters in Table 212-10: 1. Glomus intraradices (a.k.a. Rhizophagus intraradices) 2. Glomus mosseae (a.k.a. Funneliformis mosseae) 3. Glomus aggregatum (a.k.a. rhizophagus aggregatus) 4. Glomus etunicatum (a.k.a. Claroideoglomus etunicatum) Table 212-10 Physical Requirements of Endo Mycorrhizae Parameters Reported as Requirement Test Method Acute Toxicity Pass or Fail Nora Toxic ASTM 71O1 or EPA Method 202 or, 2402 The Contractor shall provide a CTR with independent laboratory analysis has been done on the product for the required parameters in accordance with subsection 106.13. The following rates shall be used for Seeding Methods: 1. For Seeding (Native) Drill, the mycorrhizae product shall be provided as a dry free -flowing granular material, suitable for application by agricultural drill seeder. Application rate shall be 8 pounds per acre. 2. For Seeding (Native) Hydraulic, the mycorrhizae product shall be provided as a fine granular (< 2 mm) or powdered form (particle size less than 300 microns) that will permit complete suspension and used with hydro -seeder equipment. Application rate shall be 20 pounds per acre. BID NO #B2 100048 Page 115 10 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING 3. For Seeding (Native) Broadcast, the mycorrhizae product shall be provided as a dry free -flowing granular material, suitable for application by fertilizer spreader. Application rate shall be 20 pounds per acre. (g) Elemental Sulfur. The Contractor shall provide a free -flowing granular material consistent in size suitable for application by agricultural spreader and conform to the parameters in Table 212-11. Elemental sulfur shall arrive onsite in original and undamaged packaging. Table 212-11 Physical Requirements of Elemental Sulfur Parameters Reported as Requirement Guaranteed Analysis of Elemental Sulfur (S) % > 90 Bulk Density Lbs per cu. ft. > 75 The elemental sulfur application rate shall be at the rate specified by the CSU Soil Testing Laboratory. (h) Sod. Sod shall be nursery grown and 99 percent weed free. Species shall be as shown on the plans. The 1 percent allowable weeds shall not include undesirable perennial or annual grasses or plants defined as noxious by current State statute or county noxious weed list. Soil thickness of sod cuts shall not be less than 3/4 inch or more than 1 inch. Sod shall be cut in uniform strips with minimum dimensions of 18 inches in width and 48 inches in length. The Contractor shall submit a sample of the sod proposed for use, which shall serve as a standard if approved. Sod furnished, whether in place or not, that is not up to the standard of the sample will be rejected. CDOT will reject all sod that was cut more than 72 hours prior to installation. Each load of sod shall be accompanied by a certificate from the grower stating the type of sod and the date and time of cutting. The Contractor shall submit the certificate to the Engineer prior to application of the sod. Only sod that is accompanied by the certificate from the grower will be accepted and paid for. CONSTRUCTION REQUIREMENTS 212.03 Submittals. The Contractor shall provide the name and contact information of the seeding contractor 30 days prior to start of seeding work. The Contractor shall provide copies of items (1) - (15) listed below 5 days prior to the Pre -vegetation Conference in accordance with Section 207. (1) Written confirmation from the registered seed supplier, on the Contractor's letterhead, that the Contract specified seed has been secured. No substitutions of the contract specified seed will be permitted unless evidence is submitted, from one of the registered seed suppliers that the Contract specified seed is not available and will not become available during the anticipated construction period. (2) Seed vendor's "seed dealer" endorsement. (3) A copy of each seed species germination report of analysis that verifies the lot has been tested by a recognized laboratory for seed testing within 13 months prior to the date of seeding. BID NO #B2 100048 Page 116 11 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING (4) A copy of each seed species purity laboratory report of analysis that verifies that the lot has been tested by a recognized laboratory for seed testing. The report shall list all identified species, seed count, and date of test. (5) Manufacturer's documentation stating that the fertilizer meets the Contract requirements. (6) Organic fertilizer documentation showing manufacturer and chemical analysis. (7) Permit issued from CDPHE confirming that the vendor can produce or sell compost in accordance with House Bill (HB) 1181. (8) Documentation from the compost manufacturer that it is a participating member of in the U.S. Composting Council's Seal of Testing Assurance Program (STA). (9) Results of compost testing on an STA Compost Technical Data Sheet confirming all required test methods are met using the STA Program. (10) Sample of physical compost (at least one cubic foot of material). (11) Manufacturer's documentation confirming that biotic soil amendment meets the required physical and performance criteria based on independent testing by the manufacturer. (12) Manufacturer's documentation confirming that humate meets the required physical and performance criteria based on independent testing by the manufacture. (13) Manufacturer's documentation confirming that mycorrhizae meets the physical criteria based on independent testing and that the minimum required species is provided. (14) Pictures and descriptions of seeding equipment proposed to be used on the project. Based on the seeding methods required at a minimum this should include the drill seeder, hydraulic seeder, culti-packer or seed bed roller implements. (15) Instructions and documentation on how seeders will be calibrated onsite, in accordance with subsection 212.05(a). 212.04Seeding Seasons. Seeding in areas that are unirrigated shall be restricted according to the parameters in Table 212-12. Table 212-12 Seeding Seasons Zone Spring Seeding Fall Seeding e r 6000' April 1st or` spring,thaw�') to ;tom 5 September 15 or until consistent ground freeze (1) "Spring thaw" is the earliest date in a new calendar year in which seed can be buried 1/2 inch into the surface soil (topsoil) through normal drill seeding methods. BID NO #B2100048 Page 117 12 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING (2) "Consistent ground freeze" is the time during the fall months in which the surface soil (topsoil), due to freeze conditions, prevents burying the seed 1/2 inch through normal drill seeding operations. Seed shall not be sown, drilled, or planted when the surface soil or topsoil is in a frozen or crusted state. Seeding accomplished outside the time periods listed above will be allowed only when the Contractor's request is approved by the Engineer in writing, with coordination from the Region Landscape Architect. If requested by the Contractor, the Contractor must agree to perform the following work at no cost to the Department: reseed, remulch, and repair areas which fail to produce species indicated in the Contract. 212.05 Native Seeding Methods. Areas to be seeded shall be installed in accordance with SWMP Permanent Stabilization Plan. All amendments shall be applied based on the seeding method and rates recommended by CSU Soil Testing Laboratory. All seed shall be done in accordance with the rates specified in the Specifications. The Contractor shall complete the Amendments Verification Prerequisite for each of the seeding methods described herein. This shall be done by completing a Seed and Amendment Quantities Worksheet for each work area. This worksheet shall have a list of all amendments and the seed labels for each of the areas to be worked on. The State required legal tags shall remain on the bag until opened and the seed placed in either the drill or hydraulic seeders in the presence of the Engineer. Seeding work shall not begin until written approval of the worksheet has been received from the Engineer. In determining the weight of seed required for each work area, the Contractor shall use the Pure Live Seed (PLS) weight shown on each bag of seed. Calculations based on net weight will not be accepted. The Contractor shall submit a proposed Permanent Stabilization Phasing Plan to the Engineer prior to the Pre-revegetation Conference for approval showing how the SWMP Permanent Stabilization Plans will be implemented to minimize traffic loading damage to subgrade soil prepared and seeded areas. The proposed sequencing shall consider and identify strategies and site management control measures to protect seeded areas from foot, vehicle, and other disturbances. The strategic planning of the permanent seeding and mulch shall consider all other phasing of construction activities including traffic management and utility work. Areas damaged due to the Contractor's failing to protect the seeded areas shall be repaired at no cost to the Department. Seeded areas damaged due to circumstances beyond the Contractor's control shall be repaired and reseeded as ordered. Payment for corrective work, when ordered, shall be at the Contract prices shown and in accordance with subsection 109.04. The following seeding application methods shall not be implemented during winds which are consistently higher than 20 MPH, or when the ground is frozen, excessively wet, or otherwise untillable. The Engineer may test to see if the moisture level in the soil is acceptable to work the soil by performing a Soil Plasticity Test as described in the Construction Manual. Multiple seeding operations shall be anticipated, based on acceptable seeding conditions. The seeding methods to be implemented shall be one or more of the following, as shown on the plans: (a) Seeding (Native) Drill. Soil in all areas to receive native seed shall be fertilized and conditioned. BID NO #B2 100048 Page 118 13 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING (i) Soil Preparation. Slopes flatter than 2:1, shall be tilled into an even and loose seed bed 4 inches deep. Slopes 2:1 or steeper shall be left in a roughened condition. Slopes shall be free of clods, sticks, stones, debris, concrete, and asphalt in excess of 4 inches in any dimension and brought to the desired line and grade. Roll, rake and remove ridges and fill depressions, as required to meet finish grades. Limit fine grading to areas that can be planted within 24 hours after fine grading has been completed. No additional payment will be made if the Contractor has to complete fine grading or for fine grading more than one time. (ii) Fertilizer, Compost, Humates and Elemental Sulfur. The Contractor shall uniformly apply compost and elemental sulfur on the surface of the topsoil using an agricultural spreader at the rate of application specified by the CSU Soil Testing Laboratory. All competitive, non-native vegetation shall be uprooted and hauled offsite prior to spreading amendments. Prior to starting incorporation of compost and elemental sulfur, the Contractor shall receive written acceptance from the Engineer on the Seed and Amendment Quantities Worksheet. Verification Prerequisite for this method also requires documentation on the Permanent Stabilization SWMP Site Maps with the approved areas outlined, signed, and dated by the Engineer to track progress. If SWMP Site Maps are not included in the Contract, the Contractor shall use the Contract grading or roadway plan sheets. Once the Quantities Verification Prerequisite is completed for an area, the Contractor shall homogenously incorporate the compost and elemental sulfur into the top 6 inches of topsoil. Tillage of the amendments shall be completed using a disc and harrow, field cultivator, vibra- shank, or other method suitable to site conditions. For small areas tillage shall be completed using rotary tillers. No measurable depth of organic amendment shall be present on the surface. The shanks on the back of a grader or dozer shall not be used for tillage. Tillage may take multiple passes to achieve the desired harmonious incorporation. If multiple passes are required, the Contractor shall cross till the soil with the second pass occurring at a 30 -degree angle to the first pass. On slope areas, all tillage shall be parallel to the contour. For project that will utilize aggregate or recycled asphalt shouldering material amendments, tillage is not required under shouldering material. Projects seeding up to the edge of pavement, tillage is not required for first 12" from the edge of pavement. Once incorporation of compost and elemental sulfur is approved, the Contractor shall uniformly apply fertilizer and humates on the surface of the topsoil using an agricultural spreader work it into the soil to a depth of four inches (4") with a disc, spring tooth harrow or other suitable equipment. The HGM shall be mixed in the tank following the procedures outlined below: a. Fill tank with water to a level where the paddles are 1/4 covered and may be activated. b. Activate the mechanical agitation system. c. Prime pump and any discharge hoses before adding any HGMs. d. Add the appropriate amount and type of soil stabilizer and tackifier as recommended for the site -specific application. Allow soil stabilizer and tackifier and water to mix for 5 minutes prior to adding HGMs. See manufacturer application rate chart for amounts of specific Soil Stabilizer & Tackifier and HGMs. e. Continue filling tank with water to approximately 3/4 full and begin adding bags of HGMs. BID NO #B2 100048 Page 119 14 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING f. All quantity of HGMs should be added before the water level reaches 85% of the tank's capacity. g. Add seed and/or other amendments to slurry as required. h. Completely fill tank with water and allow slurry to mix for a minimum of 5 minutes or until all HGMs are mixed into a consistent slurry. (iii) Seedbed Preparation. Amended topsoil shall be cultivated to a firm but friable seedbed using culti-packer or seed bed roller implements. Crusted hard soils shall be broken up and all areas shall be free of clods, sticks, stones, debris, concrete, and asphalt in excess of 4 inches in any dimension in accordance with Section 207. Areas shall be left in a rough and uncompacted condition with a surface variance of 2 to 4 inches. (iv) Seed and Mycorrhizae. Prior to seeding, the finished grade of the soil shall be 1 inch below the top of all curbs, junction and valve boxes, walks, drives and other structures. Seeding shall be done within two days of seedbed preparation efforts (tilling or scarifying). If a rain event occurs that compacts or erodes the seedbed prior to performing seeding, the seedbed shall be re - prepared as directed by the Engineer. Areas shall be seeded by mechanical power drawn drills suitable for area soils, topography, and size followed by packer wheels. Mechanical power drawn drills shall have furrow openers and depth bands set to maintain a planting depth of at least '/4 inch and not more than 1/2 inch and shall be set to space the rows not more than 8 inches apart. Seeding equipment shall have a double disk opener, seed box agitator, and seed metering device. The seeder shall be calibrated by collecting seed from a single drop tube in the presence of the Engineer based on the following procedure. The Contractor shall provide the tape measure, scale, collection cup, and seed bag with complete label from the supplier. The Contractor may submit an alternative method for approval at the site Pre -vegetation Conference. (1) Measure the total width (W) of the drill seeder in feet. (2) Count the number of drill rows (N) on the seeder. (3) On drill seeders that the tire drives the seeding mechanism, measure the tire circumference (C) in feet. (4) Calculate the number of rotations the tire will complete per acre using the following equation: A = one acre or 43,560 square feet (SF) A /W = feet (F) the drill seeder needs to travel for each acre F/C = number of rotations (R) of the tire per acre (5) Reduce the amount of tire rotations by one tenth. .90R = # Tire rotations to calibrate seeder (RCS) (6) Find the seeding rate (LBS PLS / Acre) on the Stormwater Management Plan. (7) Using the information from the seed tag, convert the PLS seed rate to a bulk seeding rate using the following equations: % PLS = (% purity (in decimal form) from seed label) x (% germination (in decimal form) from seed label) (LBS PLS / Acre) from the SWMP / % PLS = Required bulk seed per acre in LBS (8) Reduce the required bulk seed per acre based on the number of seeder tubes. Required bulk seed per acre / N = Weight in LBS of bulk seed from one tube (9) Reduce the required bulk seed rate from the tube by one tenth. BID NO #B2100048 Page 120 15 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING 0.90 x Weight of bulk seed from one tube = Collected bulk seed weight (CBS) in LBS (10) Set the drill seeder to the correct seeding rate using the manufacturer's recommendation. (11) With the collection cup under one tube and the driving wheel jacked up, rotate the tire the RCS amount of times. Use the value stem to count the rotations. (12) Using the scale, weigh the seed in the collection cup. (13) Adjust the drill calibration until the weight of bulk seed in the collection cup equals the CBS in LBS. Drill seeders shall be recalibrated every time the drill is mobilized onsite. The Contractor shall submit a written statement that the equipment is calibrated and shall provide the correct depth based on conditions before seeding actions are initiated. The Contractor shall continuously monitor equipment to ensure that it is providing a uniform seed application. If mycorrhizae granules shall be included with the seed in the drill seeder such that the mycorrhizae is placed at or below the seed. The distance between furrows produced using the drill shall not be more than 8 inches. If rows on the drill exceed 8 inches, the Contractor shall drill the areas twice (if achievable at 30 -degree angles to each other) at no additional cost to the County. After seeding, the furrows that were created by the drill shall be maintained in place. Construction traffic, other than what is needed to mulch the areas, shall not be permitted on the areas completed. All seeded areas will then be raked and rolled to the desired finished grades with gently sloping surfaces to adequately drain all surface water runoff. Permanent stabilization mulching shall be accomplished within 24 hours of drill seeding. (b) Seeding (Native) Hydraulic. Hydraulic seeding shall not be allowed unless approved in advance by the Engineer. If hydraulic seeding is approved, it shall be completed at twice the rate specified in the Contract at no additional cost to the project. If hydraulic seeding is approved, the hydraulic seeding shall be completed as outlined below. This method utilizes water as the carrying agent and mixes biotic soil amendments, seed, organic fertilizer, humates, mycorrhizae and elemental sulfur into a single slurry for hydraulic application. The Contractor shall furnish and place combined slurry with a hydro -seeder that will maintain a continuous agitation and apply homogenous mixture through a spray nozzle. The pump shall produce enough pressure to maintain a continuous, non -fluctuating spray that will reach the extremities of the seeding area. Water tanks shall have a means of measuring volume in the tank. Seed shall be added to the slurry onsite, no more than 60 minutes before starting application. Slurry shall be applied from a minimum of two opposing directions to achieve complete soil coverage. The application of the single slurry shall be applied within four hours of adding Mycorrhizae. The Contractor shall prevent seed, fertilizer, and mulch from falling or drifting onto areas occupied by rock base, rock shoulders, plant beds, or other areas where grass is detrimental. The Contractor shall remove material that falls on plants, roadways, gravel shoulders, structures, and other surfaces where material is not specified. BID NO #B2 100048 Page 121 16 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING (i) Seedbed Preparation. All areas shall be loosened to at least 6 inches, leaving the surface in rough condition with a surface variance of 6 to 8 inches. On steep slopes, tillage shall be accomplished with appropriate equipment as the slope is constructed. Soil areas shall be tilled to produce loose and friable surfaces with crusted hard soils broken up. All slopes shall be free of clods, sticks, stones, debris, concrete, asphalt and all other materials in excess of 4 inches in any dimension. All competitive, non-native vegetation shall be uprooted and hauled offsite prior to spreading amendments. Under no circumstances shall the ground surface be smooth and compacted. (ii) Biotic Soil Amendment, Fertilizer, Humate, Mycorrhizae and Seed. The Contractor shall assemble all materials for proposed areas to hydro -seed and review quantities with area of coverage with the Engineer as the Quantities Verification Prerequisite for this method. Prior to mixing in the tank, the Contractor shall receive written acceptance from the Engineer on the Seed and Amendment Quantities Worksheet that the correct quantities are onsite. This quantities verification prerequisite also requires documentation on the Permanent Stabilization SWMP Site Maps with the approved areas outlined, signed, and dated by the Engineer to track progress. If SWMP Site Maps were not included in the Contract, grading or roadway plan sheets shall be used. For the verification process, the Contractor shall provide the Engineer with all documentation for materials in unopened packaging. After the Quantities Verification Prerequisite has been approved, the HGM shall be mixed in the tank following the procedures outlined below: 1. Fill tank with water to a level where the paddles are % covered and may be activated. 2. Activate the mechanical agitation system. 3. Prime pump and any discharge hoses before adding any HGMs. 4. Add the appropriate amount and type of soil stabilizer and tackifier as recommended for the site -specific application. Allow soil stabilizer and tackifier and water to mix for 5 minutes prior to adding HGMs. See manufacturer application rate chart for amounts of specific Soil Stabilizer & Tackifier and HGMs. 5. Continue filling tank with water to approximately % full and begin adding bags of HGM. 6. All quantity of HGMs should be added before the water level reaches 85% of the tank's capacity. 7. Fertilizer, humates and mycorrhizae shall then be added until the tank has reached 3/4 of its required volume. 8. Add seed and/or other amendments to slurry as required. 9. Completely fill tank with water and allow slurry to mix for a minimum of 5 minutes or until all HGMs are mixed into a consistent slurry. Hydraulic seeding equipment shall include a pump capable of being operated at 100 gallons per minute and at 100 pounds per square inch pressure. The equipment shall have a nozzle adaptable to hydraulic seeding requirements. Storage tanks shall have a means of estimating the volume used or remaining in the tank. Seed shall be added to the slurry onsite no more than 60 minutes before starting application. The Contractor shall increase the Seed Plan rates (LBS PLS / Acre) by 2 times at no additional cost to the Department. The Contractor may be required to apply slurry using multiple hoses to ensure uniform application to all areas of the site. Coverage rates shall be based on the volume of material in the tank, as verified by the Engineer. Areas of lighter applications (covering more area than what is calculated) will require additional application, as directed at no additional cost to the County. BID NO #B2 100048 Page 122 17 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING An appropriate curing period shall be in accordance with manufacturer's recommendations and shall consider forecasted weather conditions. Permanent stabilization mulching shall be accomplished within 24 hours of hydraulic application of native seed. (c) Seeding (Native) Broadcast. This method utilizes hand equipment to broadcast spread amendments and seed over prepared seedbeds. Broadcasting seed will be permitted only on small areas that are not accessible to machine methods. (i) Fertilizing, Compost, Humate and Elemental Sulfur. The Contractor shall uniformly apply compost and elemental sulfur on the surface of the placed topsoil using an agricultural spreader at the rate of application recommended by the CSU Soil Testing Laboratory. All competitive non-native vegetation shall be uprooted and hauled offsite prior to spreading amendments. Prior to starting incorporation, the Contractor shall receive written acceptance from the Engineer on the Seed and Amendment Quantities Worksheet that the correct quantities will be applied. The Quantities Verification Prerequisite for this method also requires documentation on the Permanent Stabilization SWMP Site Maps with the approved areas outlined, signed, and dated by the Engineer to track progress. If SWMP Site Maps are not included in the Contract, the grading or roadway plan sheets shall be used. Once the Quantities Verification Prerequisite is completed for an area, the Contractor shall homogenously incorporate the Compost into the top 6 inches of soil. Tillage of the amendments shall be completed using appropriate tools depending on the size of the area to be worked. Contractor shall use hand tillers or approved small space implements. Once incorporation of compost and elemental sulfur is approved, the Contractor shall uniformly apply organic fertilizer and humates on the surface of the topsoil using an agricultural spreader. (ii) Seedbed Preparation. Amended topsoil shall be cultivated to a firm but friable seedbed using tractor implements. Crusted hard soils shall be broken up and all areas shall be free of clods, sticks, stones, debris, concrete, and asphalt in excess of 4 inches in any dimension in accordance with Section 207. Areas shall be left in a rough condition with a surface variance of 2 to 4 inches. Under no circumstances shall the ground surface be smooth and compacted. (iii) Seed and Mycorrhizae. Prior to seeding, the finished grade of the soil shall be 1 inch below the top of all curbs, junction and valve boxes, walks, drives and other structures. Seeding shall be accomplished within two days of seedbed preparation efforts (tilling or scarifying) to make additional seedbed preparation unnecessary. If a rain event occurs that compacts or erodes the seedbed prior to performing seeding, the seedbed shall be re -prepared as directed. Areas shall be seeded by broadcast -type seeders (cyclone or approved mechanical seeders). The Contractor shall increase the Seed Plan rates (LBS PLS / Acre) by 2 times at no additional cost to the County. After seeding, mycorrhizae shall be evenly hand -distributed across the area. Seed and mycorrhizae shall be covered by hand raking and covering with % to 1/2 inch of topsoil. To ensure seeds have a firm contact with the soil the Contractor shall use a heavy roller as approved in the Site Pre -vegetation Conference. Mycorrhizae shall not be exposed to sunlight for more than BID NO #B2100048 Page 123 18 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING four hours. Using equipment with continuous cleat tracks (cat -tracking) to cover seed is not permitted. Permanent stabilization mulching shall be accomplished within 24 hours of broadcast seed application of native seed. 212.06 Seeding (Temporary). Areas of topsoil shall be seeded with annual grasses in accordance with SWMP Interim Site Maps or as directed by the Engineer. Seeding may take place at any time during the year as long as the ground is not covered in snow and topsoil is not frozen. Topsoil may be placed in a stockpile or distributed on -grade after receiving subgrade soil preparation. Interim stabilization for areas that receive temporary seeding shall be in accordance with subsection 208.04(e)2. Seed shall not be included with interim hydraulic mulch applications. The Contractor shall wait to amend topsoil until the area is ready for permanent seeding with native seed mix shown on the SWMP. The Contractor shall use either the drill, hydraulic, or broadcast method of seeding. Seeding rates (LBS PLS / Acre) shall be increased by 2 times for hydraulic and broadcast methods at no additional cost to the Department. Seed shall meet the requirements of 212.02(a) and shall be selected from Table 212-13 based on the application time. Table 212-13 Temporary Seed Mixes Common Name Botanical Name Application Time Seeding Rates ( LBS PLS / Acre) Planting Depth (inches) inches Oats Avena sativa October 1 - May 1 35 1 - 2 Foxtail Millet Setaria italica May 2 - September 30 30 1/2 - 3/4 The Contractor shall restrict motorized vehicle and foot traffic from areas that have received temporary seeding. 212.07 Seeding (Lawn). Lawn grass seeding shall be accomplished in the seeding seasons in accordance with subsection 212.03. (a) Fertilizing and Soil Conditioning. The first application of fertilizer, soil conditioner, or both shall be incorporated into the soil immediately prior to seeding, and shall consist of a soil conditioner, commercial fertilizer, or both as designated in the Contract. Fertilizer called for on the plans shall be worked into the top 4 inches of soil at the rate specified in the Contract. Biological nutrient, culture, or humate based material called for on the plans shall be applied in a uniform application onto the soil service. Organic amendments shall be applied uniformly over the soil surface and incorporated into the top 6 inches of soil. BID NO #B2 100048 Page 124 19 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING The second application of fertilizer shall consist of a fertilizer having an available nutrient analysis of 20-10-5 applied at the rate of 100 pounds per acre. It shall be uniformly broadcast over the seeded area three weeks after germination or emergence. The area shall then be thoroughly soaked with water to a depth of 1 inch. Fertilizer shall not be applied when the application will damage the new lawn. (b) Seedbed Preparation. In preparation of seeding lawn grass, irregularities in the ground surface, except the saucers for trees and shrubs, shall be removed. Measures shall be taken to prevent the formation of low places and pockets where water will stand. Immediately prior to seeding, the ground surface shall be tilled or hand worked into an even and loose seedbed to a depth of 6 inches, free of clods, sticks, stones, debris, concrete, and asphalt in excess of 2 inches in any dimension and brought to the desired line and grade. (c) Seeding. Seed shall be drilled with mechanical landscape type drills. Broadcast type seeders or hydraulic seeding will be permitted only on small areas not accessible to drills. Seed shall not be drilled or broadcast during windy weather or when the ground is frozen or untillable. 212.08 Sodding. (a) Fertilizing and Soil Conditioning. Prior to laying sod, the 4 inches of subsoil underlying the sod shall be treated by tilling in fertilizer, compost, or humates as specified on the plans. Amendments shall be applied uniformly over the soil surface and incorporated into the top 6 inches of soil. After laying the sod, it shall be fertilized with a fertilizer having a nutrient analysis of 20-10-5 at the rate of 200 pounds per acre. Fertilizer shall not be applied when the application will damage the sod. (b) Soil Preparation. Prior to sodding, the ground shall be tilled or hand worked into an even and loose sod bed to a depth of 6 inches, and irregularities in the ground surface shall be removed. Sticks, stones, debris, clods, asphalt, concrete, and other material more than 2 inches in any dimension shall be removed. Depressions or variances from a smooth grade shall be corrected. Areas to be sodded shall be smooth before sodding occurs. (c) Sodding. Sod shall be placed by staggering joints with all edges touching. On slopes, the sod shall run approximately parallel to the slope contours. Where the sod abuts a drop inlet, the subgrade shall be adjusted so that the sod shall be 1-'/ inches below the top of the inlet. Within one hour after the sod is placed and fertilized it shall be watered. After watering, the sod shall be permitted to dry to the point where it is still wet enough for effective rolling. The Contractor shall roll the sod in two directions with a lawn roller capable of applying between 50 - 80 pounds per square inch of surface pressure to eliminate air pockets. METHOD OF MEASUREMENT BID NO #B2100048 Page 125 20 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING 212.09 The quantities of lawn seeding and the three native seeding types will not be measured but shall be the quantities designated in the Contract, except that measurements will be made for revisions requested by the Engineer, or for discrepancies of plus or minus five percent of the total quantity designated in the Contract. The quantity of sod will be by the actual number of square feet, including soil preparation, water, fertilizer, and sod, completed and accepted. Measurement for acres will be by slope distances. The unit price paid for seeding shall include all the Contractor's costs including all labor, material, equipment and incidentals required to install seed, mulch, and mulch tackifier. 212.10 The accepted quantities of lawn seeding, native seeding, soil conditioning, and sod will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Rejected seed that has been stored longer than 30 days shall be re -ordered at the expense of the Contractor. Payment will be made under: Pay Item Pay Unit Hydraulic Growth Medium Pound Seeding (Native) Drill Acre Seeding (Native) Hydraulic - Acre Seeding (Native) Broadcast Acre Seeding (Native) (Roadway) (North of WCR 74) Acre Seeding (Native) (Roadway) (South of WCR 74) Acre Seeding (Native) (Koskie, Lehr, Pierce. North, Ashbaugh, Fiscus North, and Geisert Gravel Pits) Acre Seeding (Native) (Koenig and Hokestra Gravel Pits Acre Seeding (Native) (Pierce Gravel Pit) Acre Hydraulic (Seeding) (Native) (North of WCR 74) Acre Hydraulic (Seeding) (Native) (South of WCR 74) ,{4cre Seeding(Wetland) Drill Acre Seeding nd) Hydraulic Gore Seeding (Wetland) Broadcast Acre Seeding (Temporary) Acre Seeding (Lawn) Acre Sod (Lawn) Square Foot Soil Conditioning Acre Topsoil preparation including incorporating and applying amendments, seedbed preparation, water, and seed mix (LBS PLS / Acre) will not be measured and paid for separately but shall be included in the work. BID NO #B2 100048 Page 126 21 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING Organic Fertilizer, Compost (Mechanically Applied), Humates, Mycorrhizae soil amendments for Seeding (Native) methods drill, hydraulic, and broadcast will not be measured separately and shall be included in the cost of the work. Calibrating, adjusting, or readjusting seeding or fertilizing equipment will not be measured and paid for separately but shall be included in the work. No additional cost will be accepted for approved substitution of specified seed mix. No payment will be made for areas seeded using one of the seeding methods without receiving signed Seed and Amendment Quantities Worksheet from the Engineer. Additional seedbed preparation prior to seeding to correct compaction or erosion from storm events will not be measured and paid for separately but shall be included in the work. Additional mobilizations as needed to complete seeding within allowed seeding seasons will not be measured and paid for separately but shall be included in the work. Removal of all competitive, non-native vegetation prior to spreading amendments will not be measured and paid for separately but shall be included in the work. The addition of Mycorrhiza will not be measured and paid for separately but shall be included in the work. END OF SECTION BID NO #B2100048 Page 127 1 REVISION OF SECTION 213 MULCHING Section 213 of the Standard Specifications is hereby revised for this project as follows: In subsection 213.04, Delete the second paragraph and replace with the following: The quantity of hydro -mulch and tackifier will not be measured separately, but will be included in the measurement for seeding. In subsection 213.05, Add the following: Mulching (Hydro -mulch with Tackifier) shall be considered incidental to seeding (native). In subsection 213.05 shall include the following: Payment will be made under: Pay Item Pay Unit Mulch (Straw) (Weed Free) (1.5 tons/acre) Acre Hydraulic Mulch Acre END OF SECTION BID NO #B2 100048 Page 128 1 REVISION OF SECTION 216 SOIL RETENTION COVERING Section 216 of the Standard Specifications is hereby revised for this project as follows: Subsection 216.01 is hereby revised to include the following: This work consists of furnishing, preparing, applying, placing, and securing turf reinforcement mats and other bioengineering and bank stabilization techniques for erosion control on slopes as designated in the Work Order or as directed. This work shall also include site preparation to proper depth, placement of native soil over the turf reinforcement mat as recommended by the TRM manufacturer or as directed by Weld County. When Soil Retention Blankets (bio-degradable) are required the work will be paid for separately per Section 216 Soil Retention Blanket (straw/coconut). In Subsection 216.02(a) delete Table 216-2 and replace with the following: Table 216-2 PERFORMANCE REQUIREMENTS FOR SOIL RETENTION BLANKET - PHOTODEGRADABLE OR BIODEGRADABLE BLANKETS Product Class Slope Application "C" Factor' ASTM D 6459 Channel Application Permissible Shear Stress2 (Un-vegetated) ASTM D 6460 Minimum Tensile Strength ASTM D 6818 10@3:1 2.00 Ibs/sf 2.25 lbs/sf 100 lbs/ft 125 lbs/ft 2 < 0.10@3:1 rces: " Factor calculated as ratio of soil loss from soil retention blanket protected slope (tested at specltied; greater gradient, h:v) to ratio of soil lossfrom unprotected (control) plot in large-scale testing. Ssi of Sal ;hear sires age or ex ss during si the minimum shear stress that a product must be able to sustain witho soil loss when it is installed on a bare soil channel. Failure is defined a minute flow event in large scale testing. Subsection 216.02 (b) is hereby revised to include the following: Turf Reinforcement Mat shall be Class 3 as identified by the County. Class 3 Turf Reinforcement Mat shall be Landlok 450, Pyramat, or approved equivalent as specified by the County. Prior to installation, topsoil shall be placed and amended with soil conditioning in accordance with Section 207 and Section 212. Then one-half of the specified seed shall be applied by hand broadcasting at the broadcast rate and raked into the soil in accordance with Section 212. After installation, the TRM shall be covered with 0.5 inches of topsoil in accordance with Section 207. After the topsoil has been placed, the remaining one-half of the seed shall be hand broadcast at the broadcast rate and raked into the soil in accordance with Section 212. When requested by Weld County the manufacturer's representative shall be present during the initial installation of Turf Reinforcement Mat and approve all processes and procedures being used. Costs associated with this shall not be paid for separately but shall be included in the work. BID NO #B2 100048 Page 129 2 REVISION OF SECTION 216 SOIL RETENTION COVERING In Subsection 216.02(b) delete Table 216-4 and replace with the following: Table 216-4 PERFORMANCE REQUIREMENTS FOR TURF REINFORCEMENT MAT Specification Product Name" LandLok 450 Pyramat 25 Pyramat 50 Pyramat 75 Thickness ASTM D-6525 (in) 0.50 0.25 0.30 0.40 Tensile Strength ASTM D-6818 abs/ft) 425 x 350 2000 x 1800 3200 x 3000 4000 x 3000 Elongation ASTM D-6818 (%) 50 20x20 30x30 40x35 Resiliency ASTM D-6524 (%) 90 70 70 80 Flexibility ASTM D-6576 (in -lb) 0.026 0.195 0.195 0.534 UV Resistance % Retained @ 1,000 Hours 80 90 90 90 ASTM D-4355 Velocity (Vegetated) (ft/sec) 18 20 22 25 Permissible Shear Stress3 (Vegetated) ASTM 10 12 14 16 D 6460 (Ibs/ft2) Manning's n (Unvegetated) 0.025 0.028 0.028 0.028 Seeding Emergence ASTM D-7322 (%) 409 255 - 619 Roll Sizes (ft x ft) 8 x 140 8.5 x 120 8.5 x 120 8.5 x 120 16x140 15x120 15x120 16 x 348.75 Notes: 1 In the event that the product name is not called out in the plans, Pyramat 75 shall be the installed. 2 Approved equivalent products may be used if approved by the Engineer. An approved equivalent product must meet or exceed all specifications listed above. 3 Permissible shear stress is the minimum shear stress that a product must be able to sustain when placed on a fully vegetated channel without physical damage or excess soil loss. Failure is defined as 1/2 inch of soil loss during a 30 -minute flow event in large scale testing. In Subsection 216.02(c) delete paragraph one and replace with the following: Staples. Staples shall be made of ductile steel wire. For use in Channel: 0.165 inch, "U" shaped staples shall be 8 inches long and have a 1 -inch crown. For use on Slope: 0.165 inch, "U" shaped staples shall be 8 inches long and have a 1 -inch crown. "T" shaped pins shall not be used. Subsection 216.08 shall be revised as follows: Payment will be made under: Pay Item Pay Unit Soil Retentin Blanket(S-C) (BioD CL 2) Square Yard (SY) Soil Filled Turf Reinforcement Mat (Pryamat 25) Square Yard (SY) Soil Filled Turf Reinforcement Mat (Pryamat 50) Square Yard (SY Soil Filled Turf Reinforcement Mat (Pryamat 75) Square Yard (SY Soil Filled Turf Reinforcement Mat (LandLok 450) Square Yard (SY BID NO #B2100048 Page 130 3 REVISION OF SECTION 216 SOIL RETENTION COVERING In Subsection 216.08 delete all paragraphs following the payment table and replace with the following: Preparation of seedbed, placement of topsoil, fertilizing, soil conditioning, and seeding shall not be paid for separately but shall be incidental to the Soil Filled TRM. Staples will not be paid for separately but shall be included in the work. END OF SECTION BID NO #B2100048 Page 131 1 REVISION OF SECTION 626 MOBILIZATION Section 626 of the Specifications is hereby revised for this project as follows: Subsection 626.01 BASIS OF PAYMENT shall be deleted in its entirety and replaced with: 626.02 Payment for mobilization will be made per the "Items" of work shown in the Work Order. Mobilization (Item 202) will be paid for once for any or all mobilizations required by the Work Order requiring any or all of the items shown with Item 202; Mobilization (Item 208) will be paid for once for any or all mobilizations required by the Work Order requiring any or all of the items shown with Item 208; Mobilization (Item 212 and 213) will be paid for once for any or all mobilizations required by the Work Order requiring any or all of the items shown with Item 212 and 213; Mobilization (Item 216) will be paid for once for any or all mobilizations required by the Work Order requiring any or all of the items shown with Item 216. Payment will be made under: Pay Item Pay Unit Mobilization (Item 202)(North/South) Each Mobilization (Item 208)(North/South) Each Mobilization (Item 212 and 213) (North/South) Each Mobilization (Item 216) (North/South) Each END OF SECTION BID NO #B2100048 Page 132 1 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised for this project as follows: Traffic Control - Signs Only shall include all signage, traffic control inspection, and traffic control management required for the project. (MUTCD TA -6) Traffic Control — Lane Closure shall include all signage, flaggers, traffic control inspection, and traffic control management required for the project. (MUTCD TA -10) Subsection 630.01 shall include the following: The Contractor shall submit a traffic control plan to the County for review and approval prior to construction. The plan shall address all phases of construction. The Contractor shall take all necessary measures to maintain a normal flow of vehicular and pedestrian traffic to prevent accidents and to protect the work throughout the entire project. The Contractor shall make the necessary arrangements to reroute traffic, provide and maintain barriers, cones, guards, barricades, and construction warning and regulatory signs. Detours, street closures, and driveway closures which are required for the protection of the traveling public during construction of this project are included within the scope of traffic control and shall not be paid for separately. It shall be the Contractor's responsibility to maintain roadway traffic safety, adequately, and continuously on all portions of existing roads and cross roads affected by this work. The Contractor shall maintain that portion of the existing roadway being used to carry traffic so that traffic may readily pass over it, including provisions of any requiring temporary pavement markings. Placement and removal of temporary striping shall not be paid for separately but shall be included in the work for Traffic Control. If it becomes necessary to properly move traffic through the construction area, flaggers shall be posted to slow down and reroute traffic. Flaggers are required when workers or equipment intermittently block a traffic lane. Flaggers shall be wearing Class 3 high visibility safety apparel and shall be equipped with a sign paddle. Subsection 630.18 shall be revised to include the following: Pay Item Pay Unit Lane r. re Day Signs Only Day END SECTION BID NO #B2100048 Page 133 TRAFFIC CONTROL PLAN - GENERAL Special Traffic Control Plan requirements for this project are as follows: Subsection 104.04 and Section 630 of the CDOT specifications. Standard Plan S-630-1, Traffic Controls for Highway Construction, and Standard Plan S-630-2. Prior to commencing work at site, the Contractor shall review the traffic control setup with the Construction Inspector, and receive verbal approval to proceed with construction. The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time, unless directed. The Contractor and his subcontractors shall equip their construction vehicles with flashing amber lights. Flashing amber lights on vehicles shall be visible from all directions. The Contractor shall be responsible for providing all required traffic control devices necessary to construct the project in accordance with the guidelines set forth within the most recent version of the Manual on Uniform Traffic Control Devices, and the CDOT M&S Standards. All costs incidental to the foregoing requirements shall be included in the original contract prices for the project. There shall be no individual payment for a Traffic Control Supervisor or Traffic Control Inspector, but the work shall be included in the project. Resetting, repairing, or replacing Traffic Control Devices is considered maintenance of the devices. Cleaning and maintenance of Traffic Control Devices shall not be paid for separately, but shall be included in the work. BID NO #B2 100048 Page 134 UTILITIES COORDINATION The work described in these plans and specifications requires coordination between the Contractor and the utility companies in accordance with subsection 105.10 in conducting their respective operations as necessary to complete the utility work with minimum delay to the project. The known utilities are shown on the Contract Drawings. However, additional unknown utilities may exist within the project limits, and the location of known utilities is estimated and the accuracy of shown utility locations is not guaranteed. The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements") when excavation or grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at least two (2) business days, not including the day of notification, prior to commencing such operations. The Contractor shall contact the Utility Notification Center of Colorado (UNCC) at 1-800-922- 1987 to have locations of UNCC registered lines marked by member companies. All other underground facilities shall be located by contacting the respective company. Utility service laterals shall also be located prior to beginning excavating or grading. BASIS OF PAYMENT All costs incidental to the foregoing requirements will not be paid for separately but shall be included in the work. No monetary compensation will be made to the Contractor for delays or any other issues related to utility conflicts. END OF SECTION BID NO #B2100048 Page 135 February 1, 2021 Bid Request No. B2100048, 2021 EROSION CONTROL AND REVEGETATION SERVICES Weld County, Colorado ADDENDUM NUMBER ONE The following shall be incorporated into the CONTRACT DOCUMENTS, for the above -referenced PROJECT: Contractor Questions and Responses All other terms and conditions of the CONTRACT DOCUMENTS shall remain unchanged. BIDDER must acknowledge receipt of this addendum in the space provided in the BID. Failure to acknowledge receipt of an Addendum result in the BID not being accepted. CONTRACTOR QUESTIONS AND RESPONSES Question 1: There appears to be a conflict with the time and date for the mandatory pre -bid conference call. Can you please provide clarification? Answer 1: The mandatory pre -bid conference will be held on February 9, 2021 at 10 am. The call -in information is: Conference call phone number 720-439-5261 Conference ID number 623643151#. The bid is due by February 18, 2021 at 10 am (Weld County Purchasing Time Clock). The bids will be opened and read on a conference call. The call -in information is: Conference call phone number is 720-439-5261 Conference ID number is 816400442# Prepared By: Clay Kimmi, P.E., Senior Engineer RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications, and other Contract Documents. Addendum No. 1 Date: By: Addendum No. 2 Date: By: February 10, 2021 BID REQUEST NO. B2100048, 2021 EROSION CONTROL AND REVEGETATION SERVICES Weld County, Colorado ADDENDUM NUMBER TWO The following shall be incorporated into the CONTRACT DOCUMENTS, for the above -referenced PROJECT: Contractor Questions and Responses Mandatory Pre -Proposal Meeting Agenda/Minutes Pre -Bid Meeting Attendance List Revised Bid Schedule Revision to Section 212 - Seeding Receipt of Addenda All other terms and conditions of the CONTRACT DOCUMENTS shall remain unchanged. BIDDER must acknowledge receipt of this addendum in the space provided in the BID. Failure to acknowledge receipt of an Addendum result in the BID not being accepted. CONTRACTOR QUESTIONS AND RESPONSES Question 1: What exactly are the one-year warranty requirements during which the Contractor must correct any failures or deficiencies caused by Contractor's workmanship or performance? Answer 1: Section 9 of the sample contract is self-explanatory. The Contractor will be held accountable for failures or deficiencies that are result of the Contractor's workmanship or performance. The bid document contains the Weld County Project Special Provisions (PSPs) that have to be followed when performing the work. The 2019 CDOT Standard Specifications for Road and Bridge Construction (Specifications) also contains the specifications that have to be followed when performing the work. Failure to perform the work in the manner in which it is specified in either the bid documents or the Specifications will be considered poor workmanship or performance. Question 2: How will the Contractor's workmanship and performance be measured with regards to the warranty requirements? Answer 2: The bid document contains the Weld County PSPs that must be followed when performing the work. The Specifications also contain information on how to perform the work. Failure to perform the work in the manner in which it is specified in either the bid documents or the 2019 CDOT Standard Specifications will be considered poor workmanship or performance. Question 3: Are there certain vegetation thresholds that must be met or any other measurable standards that must be met? Answer 3: There are no vegetation thresholds that must be met. Other measurable standards can be found in the Weld County Project Special Revisions or the Specifications. The bid documents also outline other documents that are considered part of the specifications. Question 4: Can you specify which types of soil conditioners and the application rates? Specs indicate that soil conditioning will be recommended by testing. Answer 4: Assume a fertilizer with the application rate of 30 lbs/ac of Nitrogen, 40 lbs/ac of Phosphorous (P2O5), and 40 lbs/ac of Potassium (K2O). Please note the two Bid Document revisions listed below in red. Make sure to submit the most recent Bid Schedule (Revised 2/10/2021) in your bid proposal. Previous Bid Schedules will not be accepted, and bids will be rejected. Question 5: Is water available at any of the project locations? Answer 5: No, water is not available at the project locations. The project locations are spread throughout Weld County. The bidder should assume that they will have to haul water to the project locations. Question 6: Does the broadcast seeding item include the seed, and which mix? Answer 6: The broadcast seeding item includes the seed. Any of the various seed mixes could be requested for broadcast seeding. For bidding purposes assume the seed mix for broadcast seeding is the one used for most of the gravel pits. Question 7: Is the soil retention blanket bio-degradable or phot-degradable? Answer 7: The bid schedule calls for Soil Retention Blanket (straw/coconut). Per the Weld County Project Special Provision Section 216.01 and 216.08, Soil Retention Blanket (straw/coconut) (biodegradable) (class 2) are called for. Question 8: Will the minutes from the pre -bid conference call be provided? Answer 8: The minutes from the pre -bid conference call are included with this addendum. Question 9: Why are there so many mobilizations for the 626 bid item? Answer 9: There will be multiple mobilizations for multiple projects located throughout Weld County. To ensure the Contractor is fairly compensated for the multiple mobilizations, we have chosen to pay out the mobilizations based on the type of work being done. Question 10: Will we be removing and maintaining erosion control logs, bales, fence, etc. that were installed by us or will we have to remove erosion control items installed by another contractor? Answer 10: The potential exists for the Contractor to remove erosion control items that were installed by others. Question 11: In the "Revision of Section 208.04 - Control Measures of Stormwater", it mentions installation of new inlets and culverts and their protection. Which line item, if any, will the installation of culverts and inlets be included in? Answer 11: At this time, Weld County does not anticipate the installation of culverts and inlets as part of this contract. Question 12: Are there any more specs for this work? Answer 12: The specifications included with the bid documents are the Weld County Project Special Revisions to the 2019 CDOT Specifications for Road and Bridge Construction. The CDOT Specifications in addition to their standard special provisions and project special provisions will apply to this project. In the event of a conflict, the order of precedence outlined in our Project Special Revision will apply. The CDOT specifications and provisions can be downloaded from the CDOT website. Question 13: Is riprap the only material to be used in protecting these newly installed culverts? Answer 13: The Contractor is not being asked to install riprap to protect newly installed culverts. However, the Contractor may need to install erosion log, bales, or some other BMP around a newly installed culvert that needs to be protected. Question 14: Why is the quantity for the sediment basin set to 0? Answer 14: As discussed in the pre -bid conference call, items with a quantity of 0 are not anticipated to be used this year. However, we have used them in the past and want a unit price for them in the event we have to use them. Bids that fail to provide a unit cost for all items will be rejected. Question 15: How many contractors do you anticipate awarding the bid to? Answer 15: The contract will be award to one contractor in accordance with the process described in the bid documents. Question 16: Does the bid item for traffic control include a certified traffic control plan with certified flaggers. Answer 16: There are multiple items for traffic control in the bid schedule. A certified traffic control plan is required for all traffic control. If flaggers are required, they will have to be certified and copies of the current flagger certification will be required prior to the start of the work. Prepared By: Clay Kimmi, P.E., Senior Engineer and Lyndsay Holbrook, Stormwater Engineer MANDATORY PRE -BID MEETING AGENDA/MINUTES B2100048 EROSION CONTROL AND REVEGETATION SERVICES February 9, 2021 at 10 A.M. 1. Sign -in Sheet — Please email Clay Kimmi at ckimmiaweldgov.com and Lyndsay Holbrook at lolbrook@weldgov.com your contact information including the company name, phone number and mailing address by 3 pm this afternoon. This information will be entered into a spreadsheet to verify your presence at the meeting. Bidders not at this meeting will not be allowed to submit a bid. 2. Project Description/Location a. The project in general consists of: • Erosion control and revegetation of road construction projects and gravel pits throughout the calendar year at various sites within the county. • The sites are located within Weld County, within a corridor from Weld County Road 1 to Weld County Road 157 and from Weld County Road 2 to Weld County Road 138. b. The services that will be requested may include any or all of the following: • Placement, maintenance, and removal of erosion control devices: erosion logs, erosion bales, soil retention blankets, turf reinforcement mats, silt fences, and other items as requested. • Revegetation: soil preparation (tilling and ripping), drill seeding, broadcast seeding, hydraulic growth medium placement, placing sod, straw mulching, and hydraulic mulching. 3. Bidding Requirements a. All bids must be emailed to bidsaweldgov.com. b. Note the insurance requirements for the job: i. For the insurance requirements for the project see Section 10 of the Sample Contract. ii. Weld County, Colorado, it elected officials, and its employees must be included as additional insureds. c. All bids shall have a completed W-9, bid bond, completed 2021 bid schedule, statement of qualifications and subcontractors, receipt of addenda, and the acknowledgment of bid documents. Failure to submit all of these items shall result in disqualification of the bid. d. Last day for questions is 7 a.m. on February 16, 2021. e. Final addendum will be posted by 5 p.m. on February 16, 2021. f. Bid closes at 10 a.m. on February 18, 2021. Bids will be opened by the Purchasing Office. Bid opening will occur on a conference call in which the bidders and the bid amounts will be read. • Conference call phone number is 720-439-5261 • Conference ID number is 816400442# 4. Bid Tab a. Not all items in the bid tab may be used in a given contract period. Some items may go over the amounts shown in the bid tab. b. Some items in the bid tab have 0 as a quantity. We don't anticipate using these items, but we are requiring a unit price for them in case they are needed. c. Pricing must be submitted for all items. Failure to provide pricing for an item will result in the bid being disqualified. 5. General Project Submittals by Contractor a. Submittals for products used in the various projects shall be provided prior to use on a project. 6. Project Completion Date a. The contract will be valid for 1 year from the date it is signed by the Board of County Commissioners. b. At the County's option, the contract may be renewed for up to two additional 1 -year periods. c. Renewal price increases will be limited to the Denver -Aurora -Lakewood Consumer Price Index in effect at the time of renewal. 7. Revisions to Section 104 - Scope of Work a. Revised definition for differing site conditions — note the exclusions. 8. Revisions to Section 105 - Control of Work a. Added section which allows the County to remove any of the Contractor's or sub -contractor's employees from the job for any reason. b. Price Reduction Factors have been revised. c. Order of precedence has been revised. d. CDOT will not participate in disputes. 9. Revisions to Section 107 - Legal Relations and Responsibility to the Public a. Act of God Clause — Contractor shall repair all work damaged by act of God at no cost to the County. No change order will be issued for change in site conditions due to act of God. 10. Revisions to Section 108 - Prosecution and Progress a. Work to start within 10 days of Notice to Proceed. b. Pre -Construction meeting required prior to start of work. 11. Revisions to Section 201 — Clearing and Grubbing a. Note the Weld County revisions to Section 201. 12. Revisions to Section 207 — Topsoil a. Note the Weld County revisions to Section 207; The entire section has been rewritten. 13. Revisions to Section 208 — Erosion control a. Note the Weld County revisions to Section 208; The entire section has been rewritten. 14. Revisions to Section 212 — Seeding, Fertilizer, Soil Conditioner and Sodding a. Note the Weld County revisions to Section 212; The entire section has been rewritten. b. Seed mix — We have several different seed mixes depending on where in the County the project is located. c. Topsoil conditioning required - Hydraulic Growth Medium (HGM) required as the soil conditioner (specification for HGM is Biotic Earth Black). 15. Revisions to Section 216 — Soil Retention Covering a. Pyramat 75 or approved equivalent is the specified TRM. 16. Revisions to Section 626 - Mobilization a. Mobilizations are dependent on where the project is in the County. 17. Revisions to Section 630 - Closures and Traffic Control a. Some projects will require construction signing and traffic control which will be the responsibility of the Contractor. 18. Questions? a. All questions after the Pre -Bid meeting must be submitted in writing to Clay Kimmi at ckimmi(a weldgov.com and Lyndsay Holbrook at Iholbrookaweldgov.com. b. These questions will be put into a final addenda. c. Deadline for asking questions is 7 a.m., Tuesday, February 16, 2021. d. Final Addendum will be posted by 5 p.m., Tuesday, February 16, 2021. PRE -BID MEETING ATTENDANCE LIST RFP# B2100048 February 9, 2021 at 10 am Teams Conference Call Name Company Phone Number E-mail Clay Kimmi Weld County Public Works 970-400-3471 ckimmi(a�weldgov.com Lyndsay Holbrook Weld County Public Works 970-400-3788 Iholbrookaweldgov.com Don Dunker Weld County Public Works 970-400-3749 ddunkeraweldgov.com Rose Everett Weld County Purchasing 970-400-4222 reverettaweldgov.com Josh Holbrook Weld County Public Works 970-400-3734 iholbrookaweldgov.com Christie Peters Weld County Purchasing 970-400-4222 cpeters(a)weldgov.com Adam Bappe Western States Reclamation 720-245-0451 abappewsreclamation.com Brady Buum All Cowboy Erosion Control 303-710-2808 allcowboyestimatinqagmail.com Justin Rapp Advanced Contracting Group 970-703-6550 irapp(a)_advcontractingcom Larry Moir Northern Colorado Constructors 720-490-6721 Immc ncconstructors.com Jeff Rathman Stormwater Logistics 303-868-5787 jeff.rathmanstormloq.net Andrew Aftanas Environmental Logistics 303-275-0661 andrew(a�envlogistics.com Andy Arnold Arnold's Ag Group 303-732-1014 aarnoldearnoldsagroup.com Colin Marshall Smith Environmental and Engineering 270-564-1263 colinmarshall(a7smithdelivers.com Jon Ziminsky Korby Landscape 970-232-1127 j nakorbvlandscape.com Kyle Korby Korby Landscape 970-232-1127 infotikorbylandscape.com Kelly Johnston Sage Creek Environmental 720-765-2248 kionhstonta'�,sagecreekinc.com Jerry Kennedy EMR Enterprises 720-616-8680 ierrvkennedv16avahoo.com Joseph DiMaria AloTerra Restoration Services 510-604-6407Loe(a. aloterraservices.com Ben Greeley G2 Seeding 303-775-1656 greelev10t�gmail.com Dave Flores H-2 Enterprises 720-463-9905 dflores arch-2e.com Bill Krehmeyer US Hydro 970-441-0254 dkrehmeverusquidedwave.com REVISED 2021 BID SCHEDULE ITEM ITEM DESCRIPTION UNIT EST QTY UNIT PRICE ($) TOTAL PRICE ($) 101 PROJECT MANAGEMENT (ONSITE MEETINGS) HR 60 201 CLEARING AND GRUBBING ACRE 10 202 REMOVAL OR MAINTENANCE OF AGGREGATE BAG LF 1,500 202 REMOVAL OR MAINTENANCE OF CONSTRUCTION FENCE LF 2,000 202 REMOVAL OR MAINTENANCE OF EROSION BALES EACH 150 202 REMOVAL OR MAINTENANCE OF EROSION LOGS LF 8,000 202 REMOVAL OR MAINTENANCE OF ORANGE CRUSH ECO-GUARD BAGS (RETURN TO PUBLIC WORKS) EACH 50 202 REMOVAL OR MAINTENANCE OF SEDIMENT BASIN (L= 20 FOOT, W=5 FOOT, D= 2 FOOT) EACH 0 202 REMOVAL OR MAINTENANCE OF SILT FENCE LF 15,000 207 TOPSOIL CY 50 208 AGGREGATE BAG (9 INCH) LF 500 208 EROSION BALES (WEED FREE) EACH 100 208 EROSION LOGS (TYPE 1) (12 INCH) LF 2,000 208 ORANGE CRUSH ECO-GUARD BAGS (9 INCH) (10 FOOT) EACH 50 208 SEDIMENT BASIN (L= 20 FOOT, W=5 FOOT, D= 2 FOOT) EACH 0 208 SEDIMENT REMOVAL AND DISPOSAL HR 100 208 SILT FENCE LF 5,000 212 BROADCAST SEEDING (NATIVE) SY 500 212 HYDRAULIC (SEEDING)(NATIVE) (NORTH OF WCR 74) ACRE 10 212 HYDRAULIC (SEEDING)(NATIVE) (SOUTH OF WCR 74) ACRE 10 212 SEEDING (NATIVE) (ROADWAY) (NORTH OF WCR 74) ACRE 20 212 SEEDING (NATIVE) (ROADWAY) (SOUTH OF WCR 74) ACRE 20 212 SEEDING (NATIVE)(KOENIG, BEARSON, AND HOKESTRA GRAVEL PITS) ACRE 20 212 SEEDING (NATIVE)(KOSKIE, LEHR, PIERCE NORTH, ASHBAUGH, FISCUS NORTH, AND GEISERT GRAVEL PITS) ACRE 40 212 SEEDING (NURSE CROP) ACRE 10 212 SOD (LAWN) SF 0 212 SOIL CONDITIONING (FERTILIZER) ACRE 25 213 BIOTIC EARTH - HGM BLACK (4,500 LBS/ACRE) ACRE 28 213 BONDED FIBER MATRIX (MANUFACTURER'S RECOMMENDED RATE) ACRE 1 213 HYDRAULIC MULCH (2,000 LBS/AC) ACRE 20 213 MULCH (STRAW) (WEED FREE) (1.5 TONS/ACRE) ACRE 100 213 MULCH TACKIFIER (200 LBS/ACRE) + WOOD MULCH (300 LBS/ACRE) ACRE 40 214 SEEDING MAINTENANCE (WATERING) HR 10 216 CLASS 3 TRM (PYRAMAT-75 OR APPROVED EQUIVALENT) SY 500 ITEM ITEM DESCRIPTION UNIT EST QTY UNIT PRICE ($) TOTAL PRICE ($) 216 SOIL RETENTION BLANKET (STRAW/COCONUT) SY 2,000 607 CONSTRUCTION FENCING (ORANGE PLASTIC W/ T -POSTS) LF 1,000 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 202) EACH 15 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 208) EACH 8 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 212 AND 213) EACH 15 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 216) EACH 1 626 MOBILIZATION NORTH OF HWY 34 (ITEM 607) EACH 1 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 202) EACH 15 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 208) EACH 8 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 212 AND 213) EACH 10 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 216) EACH 1 626 MOBILIZATION SOUTH OF HWY 34 (ITEM 607) EACH 1 630 TRAFFIC CONTROL - LANE CLOSURE (WITH FLAGGERS) (MUTCD TA -10) DAY 10 630 TRAFFIC CONTROL - SIGNS ONLY (NO FLAGGERS) (MUTCD TA -6) DAY 20 *The above quantities are provided as information only and are used solely for selecting the lowest responsible bidder, actual quantities may vary. TOTAL COST REVISION TO SECTION 212 - SEEDING Revision to Bid Document, Page 109: The application rate of the organic fertilizer shall be either as high or low nitrogen (N) fertilizer at the rates recommended by the CSU Soil Testing Laboratory. In general, Weld County's fertilizer application rate for non -irrigated native seeding is 30 lbs/ac of Nitrogen, 40 lbs/ac of Phosphorous (P2O5), and 40 lbs/ac of Potassium (K2O) but can change at any time at the County's discretion. RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications, and other Contract Documents. Addendum No. 1 Date: By: Addendum No. 2 Date: By: Addendum No. _ Date: By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for bid for Request No. #62100048 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. FIRM BY (Please print) BUSINESS ADDRESS CITY, STATE, ZIP CODE DATE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. February 16, 2021 BID REQUEST NO. B2100048, 2021 EROSION CONTROL AND REVEGETATION SERVICES Weld County, Colorado ADDENDUM NUMBER THREE The following shall be incorporated into the CONTRACT DOCUMENTS, for the above -referenced PROJECT: Contractor Questions and Responses Receipt of Addenda All other terms and conditions of the CONTRACT DOCUMENTS shall remain unchanged. BIDDER must acknowledge receipt of this addendum in the space provided in the BID. Failure to acknowledge receipt of an Addendum result in the BID not being accepted. CONTRACTOR QUESTIONS AND RESPONSES Question 1: Can you clarify if we are to assume the topsoil material is onsite and placed or if it to be imported and placed by the Contractor? Answer 1: If we ask for topsoil in the work order, the Contractor will be required to import and place it. The imported topsoil will also have to be tested by the CSU Soil Testing Laboratory to determine if it needs any soil amendments. Please pay particular attention to the Weld County project special revision for Section 212. Question 2: Can you clarify which anchoring system is to be used with the Pyramat TRM? Answer 2: We are not asking for any kind of special anchors for the Pyramat TRM. The Weld County project special revision for Section 216 outlines the type of anchors to be used with the Pyramat TRM. Prepared By: Clay Kimmi, P.E., Senior Engineer and Lyndsay Holbrook, Stormwater Engineer RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications, and other Contract Documents. Addendum No. 1 Date: By: Addendum No. 2 Date: By: Addendum No. 3 Date: By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for bid for Request No. #B2100048 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. FIRM BY (Please print) BUSINESS ADDRESS CITY, STATE, ZIP CODE DATE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. EXHIBIT B Christie Peters From: Sent: To: Subject: Attachments: Brady Buum <allcowboyestimating@gmail.com> Wednesday, February 17, 2021 9:23 PM bids Weld County Bid 2021 Weld County Bid 2021.pdf Please see attached documents for the Weld County 2021 Erosion Control and Revegetation Service. Bid number: B2100048 I hereby waive my right to a sealed bid. Thank you, Brady Buum All Cowboy Erosion Control 303-710-2808 1 BID PROPOSAL To: Weld County Purchasing Department P.O. Box 758, 1150 "O" Street Greeley, Colorado 80632 Attention: Rob Turf, Director of General Services Bid Proposal for: EROSION CONTROL AND REVEGETATION SERVICES FOR 2021 (WITH POSSIBLE EXTENSIONS FOR 2022 AND 2023) Pursuant to and in full compliance with all Contract Documents the undersigned Bidder hereby proposes to furnish all labor and materials and to perform all Work required for the complete and prompt execution of everything described or shown in or reasonably implied from the Bidding Documents, including the Drawings and Specifications, for the Work above indicated for the monies indicated below which includes all State, County and local taxes normally payable with respect to such Work. The amounts stated include all allowances for profit and overhead, taxes, fees and permits, transportation, services, tools and equipment, labor and materials and other incidental costs. The Bidder and all Sub -Bidders shall include in their bid all Sales and Use Tax if applicable. State of Colorado and Weld County tax shall not be included. Upon application, the State of Colorado Department of Revenue shall issue to a Bidder or Sub -Bidder a Certificate or Certificates of Exemption indicating that the purchase of construction or building materials is for a purpose stated in Section 39-26-114, CRS, and is free from Colorado State Sales Tax. EXAMINATION OF DOCUMENTS AND SITE The Bidder has carefully examined the Bidding Documents, including the Drawings and Specifications, and has examined the site of the Work, so as to fully appraise themselves of the conditions at the site and to gain a clear understanding of the Work to be executed and is thoroughly familiar with all local, state and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. PROPOSAL GUARANTEE This Bid Proposal is accompanied by the required Bid Bond of five percent (5%) based upon the Total Cost of all items required to be Bid. Weld County, Colorado is authorized to hold said Bid Bond for a period of not more than sixty (60) days after the opening of the Bids for the Work indicated, unless the undersigned Bidder is awarded the Contract within said period, in which event the Owner may retain said Bid Bond until the undersigned Bidder has executed the required Agreement and furnished the required Performance Bond, Labor & Materials Payment Bond, and Certificates of Insurance. TIME OF COMPLETION The Bidder agrees to make their best effort to complete the entire Project as soon as possible and within the time specified in the Project Special Conditions after the issuance of the Notice to Proceed subject to the CDOT Standard Specifications for Road and Bridge Construction, Section 108. EXECUTION OF DOCUMENTS The Bidder understands that if this Bid Proposal is accepted, they must execute the required Agreement and furnish the required Performance Bond, Labor & Materials Payment Bond and Insurance Certificates within ten (10) days from the date of Notice of Award. METHOD OF AWARD The Owner reserves the right to reject any Bid from any Bidder whom the Owner deems is unfit or unqualified to complete the Work as specified regardless of the amount of the Bid. BID NO #B2100048 Page 13 It is understood by the Bidder how Bids shall be awarded and that should the cost of the Bid exceed budgeted funds, the Owner reserves the right to reject any or all Bids or portions of Work Bid or the use of any of the methods stated in the Instructions to Bidders to obtain the most advantageous Bid price. All bids will be reviewed by the Owner and Engineer. All mathematics will be checked and the correct total used for determining the low bidder. BID NO #B2 100048 Page 14 2021 BID SCHEDULE ITEM ITEM DESCRIPTION UNIT EST QTY UNIT PRICE (5) TOTAL PRICE (S) 101 PROJECT MANAGEMENT (ONSITE MEETINGS) HR 60 ( } .50 4,050 00 201 CLEARING AND GRUBBING ACRE 10 C450} t" (SIB• 00 202 REMOVAL OR MAINTENANCE OF AGGREGATE BAG LF 1,500 �, 0 () ! 5 00 202 REMOVAL OR MAINTENANCE OF CONSTRUCTION FENCE LF 2,000 . 60 1200, 00 202 REMOVAL OR MAINTENANCE OF EROSION BALES EACH 150 S, 00 -450 • 00 202 REMOVAL OR MAINTENANCE OF EROSION LOGS LF 8,000 . 80 (y... 00 202 REMOVAL OR MAINTENANCE OF ORANGE CRUSH ECO-GUARD BAGS (RETURN TO PUBLIC WORKS) EACH 50 ' 00 600• bb 202 1 REMOVAL OR MAINTENANCE OF SEDIMENT BASIN (L= 20 FOOT, W=5 FOOT, D= 2 FOOT) EACH 0 y,$(;y • O O 202 REMOVAL OR MAINTENANCE OF SILT FENCE LF 15,000 .S6 R 4 o. 00 207 TOPSOIL CY 50 30.00 b S. o tscO•bc> Q500. Q o 208 AGGREGATE BAG (9 INCH) LF 500 208 EROSION BALES (WEED FREE) EACH 100 15.5 rid 1550.00 208 EROSION LOGS (TYPE 1) (12 INCH) LF 2,000 3, 6C) 1 -coo to 208 ORANGE CRUSH ECO-GUARD BAGS (9 INCH) (10 FOOT) EACH 50 104.00, 52CO•O0 208 SEDIMENT BASIN (L= 20 FOOT. W=5 FOOT, D. 2 FOOT) EACH 0 I •17p 208 SEDIMENT REMOVAL AND DISPOSAL HR 100 t,c ADO ( 208 SILT FENCE LF 5,000 `.20 .00 Lan. 0O 430. co 212 BROADCAST SEEDING (NATIVE) SY 500 . Co 212 HYDRAULIC (SEEDING)(NATIVE) (NORTH OF WCR 74) ACRE 1d (p-}5.OO 615o . o+ti7 212 HYDRAULIC (SEEDING)(NATIVE) (SOUTH OF WCR ACRE 1074) 500.00 S©dp.O 212 SEEDING (NATIVE) (ROADWAY) (NORTH OF WCR 74) ACRE 2d 389.50 1.-'90.00 212 SEEDING (NATIVE) (ROADWAY) (SOUTH OF WCR 74) ACRE 20 3cx). bow,ac, 212 SEEDING (NATIVE)(KOENIG, BEARSON, AND HOKESTRA GRAVEL PITS) ACRE 20 334 68O. co �O 212 SEEDING (NATIVE)(KOSKIE, LEHR, PIERCE NORTH, ASHBAUGH, FISCUS NORTH, AND GEISERT GRAVEL PITS) ACRE 40 411.. ry ai5- IL 65o. Oo 212 SEEDING (NURSE CROP) ACRE 10 50. 2s soa 212 SOD (LAWN) SF 0 a • oo ..co 212 SOIL CONDITIONING ACRE 25 a0O.00 5000.00 213 BIOTIC EARTH - HGM BLACK (4,500 LBS/ACRE) ACRE 28 LAX 15- . cin t.S 2?o OCs 213 BONDED FIBER MATRIX (MANUFACTURER'S RECOMMENDED RATE) ACRE 1 a5 ( OO �S �i) f5 c> 213 HYDRAULIC MULCH (2,000 LBS/AC) ACRE 20 t oa%.so ab 43O . oo 213 MULCH (STRAW) (WEED FREE) (1.5 TONS/ACRE) ACRE 100 l-5 $6 415,50.®o 213 MULCH TACKIFIER (200 LBS/ACRE) + WOOD MULCH (300 LBS/ACRE) ACRE 40 Q� 3) g5 .50 is Liao. ©d 214 SEEDING MAINTENANCE (WATERING) HR 10 k QO . So \ \Q3 0o 216 CLASS 3 TRM (PYRAMAT-75 OR APPROVED EQUIVALENT) SY 500 t 2 , pb Ot 000 .Oc, 216 SOIL RETENTION BLANKET (STRAW/COCONUT) SY 2,000 . r a 4640 .Ot) BID NO #B2100048 Page 15 ITEM ITEM DESCRIPTION UNIT EST QTY UNIT PRICE ($) TOTAL PRICE (S) 607 CONSTRUCTION FENCING (ORANGE PLASTIC WI T -POSTS) LF 1,000 2 a 2240.00 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 202) EACH 15 4So .Op (-45O .007 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 208) EACH 8 4s•o , pp 3 foOO.00) 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 212 AND 213) EACH 15 -1-5 o• OO 11 q 50.0b 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 216) EACH 1 Li 50 • OO 4 T •o 626 MOBILIZATION NORTH OF HWY 34 (ITEM 607) EACH 1 Ll5Q - OO 950.00 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 202) EACH 15 L.IOp • OO (O 000.00 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 208) EACH 8 L(00 •OO Sapp . 00 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 212 AND 213) EACH 10 -4SO.00 -}500.00 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 216) EACH 1 (.,(CC) • b0 LtC.0O (,{cx.). 00 626 MOBILIZATION SOUTH OF HWY 34 (ITEM 607) EACH 1 400 , pV 630 TRAFFIC CONTROL - LANE CLOSURE (WITH FLAGGERS) (MUTCD TA -10) DAY 10 1OOO. 00 `O 000.645 ' -4-000. OO 630 TRAFFIC CONTROL - SIGNS ONLY (NO FLAGGERS) (MUTCD TA -6) DAY 20 350.00 'The above quantities are provided as information only and are used solely for selecting the lowest responsible bidder, actual quantities may vary. TOTAL COST ?j$� Ot'.50 BID NO #B2100048 Page 16 RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications, and other Contract Documents. Addendum No. 1 Date: a) t to t a l By: Addendum No. 2 Date: 211612.% By: Addendum No. 3 Date: 2/11., 121 By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for bid for Request No. #52100048 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. FIRM A.\\ Ccl.. Efes;oe. onto1 BY .30m le)11 0. n2m (Please print) BUSINESS ADDRESS 5)? cg- b S CITY, STATE, ZIP CODE FQC-'ICS -,} C O`©YGc\t7 SSOL,L1 7 TELEPHONE NO -}"„1C' SIGNATURE DATE FAX 3tl 536 g25`1 TAX ID# ; (o- L-I}35I E-MAIL U\1cc=4,1„„ ij\waro,,\.LA rail. (u« WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. Rill ?,in it ii Wf71 nnr1A0 BID BOND PROJECTS: EROSION CONTROL AND REVEGETATION SERVICES FOR 2021 KNOW ALL MEN BY THESE PRESENTS, that All Cowboy Erosion Control, LLC* as Principal, and as Surety,*are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of Five Percent of the Total Amount Bid Dollars ($ 5% ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated February 18 , 2021 for the PROJECTS: EROSION CONTROL AND REVEGETATION SERVICES FOR 2021 as set out in the accompanying Bid. WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform. NOW THEREFORE, if the principal shall, within the period specified therefore: A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B. Withdraw said Bid within the time specified, or C. Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this 16th day of February , 2021 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing board. ATTEST: By: MariSwiega fitness Principal All Cowboy Erosion Control, LLC. Address 5263 CR 63 Keenesburg, CO 80643 By: Surety North American Specialty Insurance Company Address 1200 t, Suite 800, Kansas City, MO 64105 B9: *a Colorado Limited Liability Company **North American Specialty Insurance Co BID NO #B2100048 Gel- 2-, C. Brown, Attorney -in -Fact pany, a New Hampshire Corporation Page 19 INSTRUCTIONS The full firm name and residence of each individual party to the bond must be inserted in the first paragraph. If the principal is a partnership, the full name of all partners must be inserted in the first paragraph which must recite that they are partners composing the partnership (to be named), and all partners must execute the bond as individuals. The state of incorporation of each corporate party to the bond must be inserted in the first paragraph and the bond must be executed under the corporate seal of said party attested by its secretary or other authorized officer. Power of Attorney must accompany this bond when signed by other than an officer of either the principal or surety. A standard printed bond form may be used in lieu of the foregoing form provided that the security stipulations protecting the Owner are not in any way reduced by use of such standard printed bond form. BID NO #B2100048 Page 20 SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty. Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire. and having its principal office in the City of Kansas City. Missouri and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City. Missouri, and Westport Insurance Corporation, organized under the law of the State of Missouri, and having its principal office in the City of Kansas City, Missouri does hereby make, constitute and appoint: DONALD E. APPLEBY, MARK SWEGART. SARAH C. BROWN, TODD BENGFORD, JESSICA JEAN RINI and ASHLEA McCAUGHEY JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety. on contracts of suretyship as arc or may be required or permitted by law, regulation. contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of. ONE HUNDRED TWENTY FIVE MILLION ($125,(X)0,(XX).001 DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 20(10 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18. 2011. "RESOLVED, that any two of the President, any Senior Vice President. any Vice President, any Assistant Vice President. the Secretary or any Assistant Secretary he. and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety. and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Poster of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." By Steven P. \nderson. Senior \lee President ur\\ aJungton International Insurance I unmans & Senior ( ice President of North %meriean tipcciain Insurance Company & Senior \ ice President at %%msinort Insurance Corporation Bt Hike A. nn. Senior Vice President of R ashingion International Insurance Company & Senior lice President of North American Sperialus Insurance ['ompane & Senior t ice President of IA estport Insurance Corporation / ;rte 1 State of Illinois County of Cook ss: On this 5TH day of FEBRUARY , 20 19. before me, a Notary Public personally appeared Steven P. Anderson . Senior Vice President of IN NVITNESS WHEREOF'. North American Specialty insurance Company. Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to he hereunto affixed. and these presents to he signed by their authorized officers this this 5TH day of FEBRUARY , 20 iv North American Specialty Insurance Company Washington international Insurance Company Westport Insurance Corporation Washington international insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. ho Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL IL KENNY I Notary Public - Starr of ties h I My Commission tapirs 1210417021 M. Kenny, Notary Public I, Jeffrey Goldberg , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of'a Power of Attorney given by said North American Specialty Insurance Company. Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. iN WITNESS WHEREOF, i have set my hand and affixed the seals of the Companies this 16th day of February , 2021_. nrr. I ioldbcrg. S tcc i'rccdcnl & A.cs,stani Sectetan of Washington Intemanenal Insurance Compass & Sonh \mencan Specia'as insurance Company & Vice Presidrm & Assutani Secretory of N'euyssn insurance (brysmm�„n STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable, responsible and qualified bidder as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. 1. Name of Bidder (Company or Firm): A\\ (' ‘ot i.i Erts;on Cc 2. Permanent main office address: 5a tz C S (,3 Y�ar►a.5%rr: r d Roby Phone Number: Z 2,47) 6 g l ck Fax Number: 303 536 4a 514 3. Year Company was organized: Q009 9 4. Number of years this Company has been engaged similar construction: 12 Li.e r -S Under what firm, company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work? Q11 V2 L CkX S as A\\ Cork\ 5. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: 51-\ \-k Atr1�n $ 4 �4 52.©.50 coati a pa\ 1-�uc n $ 1-45, BLS-. k\ Qck_____ US 50 ?or f..\1 $ 638 ,.586 . R� rc`r�►11 an2�. 6. List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. 7. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. IA A BID NO #B2 100048 Page 22 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. n lA 9. List all contracts within the last 3 years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. n 1A 10. Has any owner, as party to any of the Company's contracts within the last 3 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc., or attempted to have the performance bond invoked? If yes, explain in detail. (\ IA 11. Describe all contracts that the Company failed to complete. to A 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. fl 13. List all or a maximum of three (3) of the most recent projects, similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction at the present time. List the project name, location, project superintendent, owner's representative and phone number, date completed and contract amount for each project. Project Name: I2.X(S rr��Cot.j ' ,bri Location: U30._.\ CCU. Supt:\as' k r Owner's Representative: Phone: QM 30\ a(0. y13e)12oa1 Completion Date: Contract Amount:1'Jao, (ACAS\ BID NO #B2 100048 Page 23 Project Name: Se rR Location: A(SC7rt C.Cr`tyrd.c r Supt: Owner's Representative: .r; C. dLAPhone: 303 48q 0340 Completion Date: 00OOe Contract Amount: 1 +SIB L. q' Project Name: 1 • —4O Yrcre)Pe _ x, CXU\ Location: C1ry \ �rjrt Supt: Owner's Representative: i rh NOB cAr \ Phone:IX Q -4q St( ' Completion Date: nmc_iM l Q 0. t Contract Amount: $40► IS(, 45' 14. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15% OR MORE OF THE WORK. SUBCONTRACTORak WORK DESCRIPTION —cY > c c. Cle\nlreCA 15. List the principal members of the company who will be involved with superintendent, foreman, project manager, etc. NAME eSradv` �uu n -ti 125111 1-y-‘•1 W\ TITLE (r Warar S�r1�lf�vn� % OF WORK 3% this project, including the YRS. PERTINENT EXPERIENCE 5 LAeo_rs 10 LA ears 16. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. nlA BID NO #82100048 Page 24 18277 CR 22 Fort Lupton Colorado 80621 Phone: 303 710 2808 Email: allcowboyestimating@gmail.com Fax: 303 536 9254 Job Name: Date Estimator Weld County 2021 2/17/2021 Brady Buum Item UOM QTY Price Total Project Management HR 60 $ 67.50 $ 4,050.00 Clearing and Grubbing Acre 10 $ 450.00 $ 4,500.00 Removal or Maint. of Aggregate Bag LF 1500 $ 1.00 $ 1,500.00 Removal or Maint. of Construction Fence LF 2000 $ 0.60 $ 1,200.00 Removal or Maint. of Erosion Bales Each 150 $ 5.00 $ 750.00 Removal or Maint. of Erosion Logs LF 8000 $ 0.80 $ 6,400.00 Removal or Maint. of Orange Crush Each 50 $ 10.00 $ 500.00 Removl or Maint. of Sediment Basin Each $ 450.00 $ Removal or Maint. of Silt Fence LF 15000 $ 0.56 $ 8,400.00 Topsoil CY 50 $ 30.00 $ 1,500.00 Aggregate Bag LF 500 $ 5.00 $ 2,500.00 Erosion Bales (Weed Free) Each 100 $ 15.50 $ 1,550.00 Erosion Logs Type 1 (12 Inch) LF 2000 $ 3.50 $ 7,000.00 Orange Crush Eco-Guard (10 Foot) Each 50 $ 104.00 $ 5,200.00 Sediment Basin (L=20, W=5, D=2) Each $ 1,000.00 $ Sediment Removal and Disposal HR 100 $ 60.00 $ 6,000.00 Silt Fence LF 5000 $ 1.20 $ 6,000.00 Broadcast Seeding (Native) SY 500 $ 0.86 $ 430.00 Hydraulic Seeding North Cr 74 Acre 10 $ 675.00 $ 6,750.00 Hydraulic Seeding South Cr 74 Acre 10 $ 500.00 $ 5,000.00 Seeding North Cr 74 Acre 20 $ 389.50 $ 7,790.00 Seeding South Cr 74 Acre 20 $ 300.00 $ 6,000.00 Seeding (Koenig,Bearson, & Hokestra Pits) Acre 20 $ 334.00 $ 6,680.00 Seeding (Koskie,Lehr,Pierce N,Ashbaugh,Fiscus, & Geisert Pits) Acre 40 $ 416.25 $ 16,650.00 Seeding (Nurse Crop) Acre 10 $ 50.25 $ 502.50 Sod (Lawn) SF $ 2.00 $ Soil Conditioning (Fertilizer) Acre 25 $ 200.00 $ 5,000.00 Biotic Earth - HGM Black (4,5001b/acre) Acre 28 $ 4,115.00 $ 115,220.00 Bonded Fiber Matrix (Manufacturer rate) Acre 1 $ 2,541.00 $ 2,541.00 Hydraulic Mulch (2,0001b/acre) Acre 20 $ 1,021.50 $ 20,430.00 Mulch (Weed Free Straw)(1.5 ton/acre) Acre 100 $ 415.50 $ 41,550.00 Mulch Tackifier (2001b/acre) Acre 40 $ 385.50 $ 15,420.00 Seeding Maintenance (Watering) HR 10 $ 190.50 $ 1,905.00 Class 3 TRM (Pyramat 75 or equal) SY 500 $ 18.00 $ 9,000.00 Soil Retention Blanket (Straw/Coco) Construction Fence MOB North Hwy 34 (Items 202) MOB North Hwy 34 (Items 208) MOB North Hwy 34 (Items 212 & 213) MOB North Hwy 34 (Items 216) MOB North Hwy 34 (Item 607) MOB South Hwy 34 (Item 202) MOB South Hwy 34 (Item 208) MOB South Hwy 34 (Items 212 & 213) MOB South Hwy 34 (Item 216) MOB South Hwy 34 (Item 607) Traffic Control- Lane Closure w/flaggers Traffic Control- Signs only Notes: SY LF Each Each Each Each Each Each Each Each Each Each Day Day 2000 $ 2.32 $ 4,640.00 1000 $ 2.24 $ 2,240.00 15 $ 450.00 $ 6,750.00 8 $ 450.00 $ 3,600.00 15 $ 750.00 $ 11,250.00 1 $ 450.00 $ 450.00 1 $ 450.00 $ 450.00 15 $ 400.00 $ 6,000.00 8 $ 400.00 $ 3,200.00 10 $ 750.00 $ 7,500.00 1 $ 400.00 $ 400.00 1 $ 400.00 $ 400.00 10 $ 1,000.00 $ 10,000.00 20 $ 350.00 $ 7,000.00 Total $ 381,798.50 Contract Form New Contract Request Entity Information Entity Name* Entity ID* ALL COWBOY EROSION CONTROL LLC '0O029034 ❑ New Entity? Contract Name* Contract ID 2021 EROSION CONTROL AND REVEGETAT1ON CONTRACT 4553 Contract Status CTB REVIEW Contract Lead* CKIMMI Contract Lead Email CKirnmiEAco.weld.co.us Contract Description * 2021 FOR THE ON -CALL EROSION CONTROL AND REVEGETATION CONTRACT Parent Contract ID Requires Board Approval YES Department Project # Contract Description 2 THE BOCC AWARDED THE CONTRACT IN ITS 9 AM HEARING ON MARCH 8, 2021. DEPENDING UPON CONTRACTOR PERFORMANCE, THIS CONTRACT MAY BE EXTENDED FOR LIP TO TWO ADDITIONAL ONE-YEAR. CONTRACTS. Contract Type CONTRACT Amount 3381,798.50 Renewable* YES Automatic Renewal NO Grant NO IGA NO Department PUBLIC WORKS Department Email CM- Publir_Works,g,weldgov.com Department Head Email CM-PublicWorks- DeptHeadg veldgov.com County Attorney GENERAL COUNTY A I I ORNEY EMAIL County Attorney Email CM- COUNTYA I I ORNEY WELDG OV,COM Requested BOCC Agenda Date 03'1 702021 Due Date 03x13:2021 Will a work session with BOCC be required?* HAD Does Contract require Purchasing Dept. to be included? YES Bid/RFP#* 82100048 If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID 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 Review Date* 03;`10x2021 Renewal Date* 02,22x2022 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Purchasing Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date CONSENT 03 r 11 '2021 Approval Process Department Head JAY MCDONALD DH Approved Date 03;' 1 1 /2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 03;17:2021 Originator CKIMMI Finance Approver CONSENT Legal Counsel CONSENT Finance Approved Date Legal Counsel Approved Date 03 11:'2021 03, 11.'2021 Tyler Ref # AG 031 721 MEMORANDUM Date: February 22, 2021 To: Rob Turf, Purchasing From: Clay Kimmi, Project Manager, Public Works RE: B2100048, Erosion Control and Revegetation Contract for 2021 The bids for B2100048 were opened on February 18, 2021. A total of 9 bids were received. Bids ranged from $381,798.50 to $972,673.25. The low bid was All Cowboy Erosion Control with a bid of $381,798.50. The Engineer's Estimate for the bid was $578,541.85. All bids were reviewed for completeness and arithmetic errors. All bids contained the required paperwork with the bid. Two bids had arithmetic errors but those errors did not impact the final bid tabulation. The final bid tabulation is attached to this memo. All Cowboy Erosion Control has held the Erosion Control and Revegetation Contract in the past. Public Works is happy with the work and responsiveness that they have provided to the County. It is our recommendation to award the 2021 Erosion Control and Revegetation Contract to All Cowboy Erosion Control. O3/Os, 0091-099Q EC7007 9 Weld Coun Estimate • "> '="tieileo w- +:':"�..:; ,�; H-2 Enter•rises LW Environmental Lo!istics Inc Western States Reclamation Inc Smith Environmental & En•ineerin• Stormwater L••istics Northern Colorado Constructors Aloterra Restoration Services Advanced Contracline Grou• LLC ITEM ITEM DESCRIPTION UNIT QTY UNIT PRICE S) TOTAL PRICE $) IELL >N,. s "• o - TOTAL PRICE $ UNIT PRICE $ TOTAL PRICE $ UNIT PRICE $ TOTAL PRICE $ UNIT PRICE $) TOTAL PRICE $ UNIT PRICE (S) TOTAL PRICE $ UNIT PRICE $ TOTAL PRICE $ UNIT PRICE $ TOTAL PRICE ($ UNIT PRICE $ TOTAL PRICE $ 101 PROJECT MANAGEMENT ONSITE MEETINGS) HR 60 $ 99.00 $ 5 940.00 a{" a �s e e $ 80.00 $ 4 800.00 $ 130.00 $ 7 800.00 $ 65.00 $ 3 900.00 $ 121.00 $ 7 260.00 $ 110.00 $ 6 600.00 $ 99.00 $ 5 940.00 $ 115.00 $ 6 900.00 $ 110.79 $ 6 647.40 1 550.00 15 500.00 $ 2 227.14 22 271.40 201 CLEARING AND GRUBBING ACRE 10 459.45 5 4 594.50 • . a o a ,• , ,,�, o a s a 110.00 $ 1 100.00 $ 6 600.00 $ 68.000.00 $ 1 826.00 $ 18 260.00 $ 2 983.75 29 837.50 5 150.00 $ 1 500 00 5 7 278.50 -- 72 785.00 LF 1 500 $ 122 $ 1 530.00 0 o' ,~n'\' a ;. o C'np $ 0.65 $ 975.00 $ 1.00 $ 1,500.00 $ 0.90 $ 1 350.00 $ 2.64 $ 3.960.00 $ 202 $ 4 530 00 $ 8.22 $ 12 330.00 $ 2.20 $ 3 300.00 $ 5.08 $ 7.620.00 202 REMOVAL OR MAINTENANCE OF AGGREGATE BAG 202 REMOVAL OR MAINTENANCE OF CONSTRUCTION FENCE LF 2 000 $ 1.23 $ 2 460.00 { { s .te e e se g 0.31 $ 620.00 $ 0.50 5 1 000.00 $ 0.55 $ 1 100.00 $ 2.42 $ 4 840.00 $ 0.30 $ 600.00 $ 0.67 5 1,340.00 $ 1.95 $ 3 900.00 $ 0.45 $ 900.00 202 REMOVAL OR MAINTENANCE OF EROSION BALES EACH 150 S 766.50 a, sit s .��L a,^": a B.a'a '. 6.67 1 000.50 $ 5.00 $ 750.00 6.10 $ 915.00 $ 12.07 5 1,810.50 $ 5.0D $ 750 OD $ 32.68 S 4 902.00 $ 2.50 375.00 $ 21.88 '• 3 282.00 202 REMOVAL OR MAINTENANCE OF EROSION LOGS LF 8 000 $ 1.02 $ 8,160.00 6�. . a b ae ° $ 0.16 $ 1 280.00 $ 1.00 8 000.00 1.70 13,600.00 . 1.25 $ 10 000.00 $ 0,81 6 480.00 2.18 5 17 440.00 $ 1.75 5 14 000.00 $ 2.01 $ 16,080.00 202 REMOVAL OR MAINTENANCE OF ORANGE CRUSH ECO-aAa GUARD BAGS RETURN TO PUBLIC WORKS) EACH 50 10.21 S 510.50 di a a a n , r w iu". {��yy,,,",p ^ a;a14ff.B 49.00 2 450.00 $ 7.50 $ 375.00 16.85 $ 842.50 $ 3.24 $ 162.00 7 05 $ 352 50 5 49A3 $ 2 471.50 $ 35.00 $ 1 750.00 $ 33.35 $ 1 667.50 202 REMOVAL OR MAINTENANCE OF SEDIMENT BASIN (L= 20 FOOT W=5 FOOT. D= 2 FOO EACH 0 $ 306.30 - cf.Weel'': �� a ao ^'w $ 225.00 $ - $ 1 750.00 $ - 1 475.00 $ 965.80 S - $ 410.00 . - $ 790.00 $ - 550.0D $ - $ 505.98 $ - 202 REMOVAL OR MAINTENANCE OF SILT FENCE LF 15 000 0.61 $ 9 150.00 `�' « `sB1a4i'w a"m0 G , 'art aie > ..4'tl99a: 5 0.19 $ 2 850.00 $ 0.50 7 500.00 0.80 $ 12 000.00 20 100.00 0 65 9 75000 $ 0.48 $ 7 200.00 $ 2.25 33 750.00 $ 1.14 $ 17 100.00 207 TOPSOIL CY 50 $ 2757 5 1.378.50 '°^'Ga,��") ,+ R. ;, a� a.0,� `6 �'• "� 31.00 S 7 550.00 $ 45.00 '� 2 250.00 $ 55.00 S 2.750.00 �� 43.04 $ 2.15200 '� 65.00 '� 3 250.00 '� 61.35 $ 3067.50 5 59.00 $ 2950.00 �� 73.43 $ 3 671.50 208 AGGREGATE BAG 9 INCH LF 500 $ 7.15 $ 3 575.00 ! a '.n e .11,M $ 3.68 S 1 840.00 $ 9.00 $ 4 500.00 $ 3.90 $ 1 950.00 $ 6.38 $ 3 190.00 $ 6.53 $ 3 265.00 $ 23.15 $ 11,575.00 5 6.50 $ 3 250.00 $ 22.02 $ 11 010.00 208 EROSION BALES WEED FREE EACH 100 11.55 $ 1155.00 4d, i, ax?.alal 'fee $ 19.69 S 1969.00 $ 19.00 1900.00 $ 16.95 $ 1695.00 34.23 $ 34232D $ 10.00 $ 1.000.00 S 19.90 1,990.00 $ 10.00 1,000.00 94.80 $ 9480.00 208 EROSION LOGS PE 1 12 INCH LF 2,000 $ 3.44 $ 6 880.00 ,,,... RDID, 4 0 iv $ 2.70 $ 5 400.00 $ 3.90 $ 7 800.00 $ 4.55 $ 9 100.00 $ 3.95 $ 7 900.00 5 124 $ 3 880.00 $ 4.40 $ 8 800.00 $ 9.75 $ 19 500.00 $ 870 $ 17 400.00 208 EACH 50 $ 157.85 5 7 892.50 Mss:. $ .y);b a�„ _ 0ilB;ni"5 $ 121.00 $ 6 050.00 $ 145.00 $ 7 250.00 $ 79.25 $ 3 962.50 $ 8547 $ 4 273.50 $ 104.60 $ 5 230.00 $ 17.40 $ 870.00 S 145.00 $ 7 250.00 $ 148.89 $ 7 444.50 ORANGE CRUSH ECO-GUARD BAGS 9 INCH 10 208 SEDIMENT BASIN L= 20 FOOT W=5 FOOT D= 2 FOO EACH 0 $ 51050 $ - N b bIN�tl ({ ,(yr� e a e -o a ye��FW.Ii'w1{pM «nrr,„. 1 •"w. > + ,«, , aw1T'ny u $ 398.00 $ - $ 6 500.00 $ - $ 3 430.00 $ — $ 3 091.75 $ — $ 530.00 $ — $ 774.70 $ — $ 775.00 $ - $ 2 564.29 $ — 208 SEDIMENT REMOVAL AND DISPOSAL HR 100 $ 61.26 $ 6,126.00 n gx ,n i3>,J.,1X'i"(letS, e,0. +e.3✓,» -,,),'.,N';. 194.00 $ 19 400.00 $ 12520 $ 12 500.00 $ 19020 19 000.00 $ 147.35 $ 14.735.0D 110.00 $ 11 000.00 $ 285.70 28.570.00 125.00 12 50000 199.24 5 19 924.00 208 SILT FENCE LF 5 000 . 1.16 $ 5 800.00 Ga'"•^^w; °'' m'' (` o;'it I 08 r eve $ 2.09 10 450.00 $ 1.15 5 750.00 $ 1.30 $ 6.500.00 $ 1.42 $ 7.10020 $ 1.03 $ 5.15000 $ 0.95 $ 4 750.00 $ 3.75 $ 18.750.00 4.22 21 100.00 212 BROADCAST SEEDING NATI SY 500 � 1.10 $ 55020.., �«:»t,..�_Yk`n 6'e;g"$� +S �. : a0 g 0.19 $ 95.00 $ 0.25 $ 125.00 $ 0.50 250.00 $ 0.32 $ 160.00 0.21 $ 105.00 $ 1.07 $ 535.00 $ 0.50 250.00 0.66 $ 330.00 212 HYDRAULIC SEEDING NATIVE NORTH OF WCR 74 ACRE 10 $ 770.00 5 7 700.00 . a 1,e , $ 1 373.00 $ 13 730.00 $ 740.00 7 400.00 1 1 210.00 1 12 100.00 $ 921.73 9 217.30 $ 1 320.00 . 13 200.00 860.00 8 600.00 $ 275.00 2 750.00 2 817.79 $ 28 177.90 212 HYDRAULIC SEEDING NATIVE SOUTH OF WCR 74 ACRE 10 $ 715.00 $ 7 150.00 S1/4 a•a.a b . OW s s,e $ 1 160.00 $ 11 600.00 $ 572.00 $ 5 720.00 $ 1 045.00 $ 10 450.00 $ 731.33 $ 7 313.30 $ 1 236.00 S 12 360.OD $ 647.00 5 6 470.00 $ 275.00 $ 2 750.00 $ 2 558.61 $ 25 586.10 212 SEEDING (NATIV ROADWA NORTH OF WCR 74 ACRE 20 $ 434.50 $ 8 690.00 w �d� ryN' $•1� ' <' • a A. . ' - r a as $ 351.00 $ 7 020.00 $ 435.00 $ 8,700.00 $ 745.00 $ 14 900.00 $ 1 013.50 $ 20 270.00 5 515.00 $ 10 300.00 $ 380.65 $ 7 613.00 $ 1 150.00 $ 23 000.00 $ 891.72 $ 17 834.40 212 SEEDING NATIV (ROADWA SOUTH OF WCR 74) ACRE 20 390.50 $ 7 810.00 +d.It 4- e sae a a e e $ 224.00 $ 4 480.00 $ 350.011 $ 7 000.00 $ 660.00 $ 13 200.00 $ 918.30 $ 18 366.00 $ 430.00 $ 8,600.00 $ 267.00 $ 5 340.00 $ 1 150.00 $ 23 000.00 $ 762.13 $ 15 242.60 212 SEEDING (NATIVE)(KOENIG, BEARSON, AND HOKESTRA GRAVEL PITS ACRE 20 $ 374.00 $ 7,480.00 $B"$p`' 4 y az -ye o ^."9 9> a 0 6 $ 304.00 $ 6 080.00 $ 39020 $ 7 800.00 $ 700.00 $ 14 000.00 $ 95750 $ 19 150.00 $ 575.50 $ 11 510.00 $ 449.10 $ 8 982.00 $ 1 150.00 $ 23 000.00 $ 823.78 $ 16 475.60 212 SEEDING (NATIVE)(KOSKIE, LEHR, PIERCE NORTH. ASHBAUGH, FISCUS NORTH. AND GEISERT GRAVEL PITS ACRE 40 412.50 $ 16 500.00 { GA o etl saa� e a a yak -•.o '. 417.00 $ 16 680.00 $ 480.00 $ 19 200.00 790.00 $ 31 600.00 $ 1 069.50 42 780.00 $ 470.00 18 800.00 380.65 15 226.00 1 150.00 $ 46 000.00 $ 947.95 $ 37 918.00 212 SEEDING NURSE CRO• ACRE 10 5 55.00. $ 550.00 e a .a 83.00 $ 830.00 5 265.00 2650.00 $ 540.00 $ 5,400.00 $ 112.38 $ 1.123.80 $ 285.00 $ 2850.00 128.55 1.285.50 $ 355.00 $ 3550.00 $ 744.79 $ 7447.90 212 SOD LAWN SF 0 2.20 $ - ' ea a 1lxstsa`^"' 1.16 - - $ - I. - $ 1.68 - $ 1.85 $ - $ 5.65 $ - 135.00 $ - $ 1.80 $ - 212 SOIL CONDITIONING FERTILIZER ACRE 25 412.50 $ 10.312.50 Za" ' 7M t mra e- -0,T-0,ThA $ 224.00 $ 5.600.00 $ 425.00 $ 10 625.00 $ 515.00 $ 12 875.00 278.92 $ 6 973.00 $ 1.235.00 $ 30 875.00 - 302.30 7.557.50 1 295.00 $ 32,375.00 $ 946.75 $ 23 668.75 213 BIOTIC EARTH — HGM BLACK 4 500 LBSIACRE ACRE 28 9 583.20 $ 268 329.50 iron rT;t `�4o"Via ':d`0'm 0 00 $ 4 972.00 139 216.00 4 28520 $ 119,980.00 $ 4 445.00 124 460.00 $ 4.258.51 119,238.28 4.860.00 $ 136 080.00 $ 4.757.10 $ 133 198.80 1 150.00 32 200.00 $ 8 153.31 $ 228 292.68 213 BONDED FIBER MATRIX (MANUFACTURER'S RECOMMENDED RAT ACRE 1 3 762.00 $ 3 762.00 '' ^ta ^�'�"a°' w�l kt$:.,. ., q"2'54�.00° a e $ 2 973.00 $ 2 973.00 $ 2 850.00 2 850.00 3 200.00 $ 3 200.00 S 3 191.55 3 191.55 $ 2 385.00 2 385.00 5 2 623.15 2 623.15 $ 1 150.00 $ 1 150.00 $ 5 093.77 $ 5 093.77 213 HYDRAULIC MULCH 2 000 LBS/AC ACRE 20 $ 1 17150 $ 23 430.00 '.o-`1 ..o u` ¢1 12 "AS0:9 T -. %{wro'a a s se $ 1 546.00 $ 30 920.00 $ 950.00 19 000.00 1 330.00 26 600.00 $ 1 674.77 $ 33 495.40 1 870.00 $ 37 400.00 $ 982.25 $ 19 645.00 795.00 $ 15 900.00 $ 4 070.86 $ 81 417.20 213 ACRE 100 478.50 47 850.00 : *>c -:<t r ,-m�41.5,u'(?, , `iv« `(«"a ;1 • ° i";i ` $ 48420 48 400.00 $ 545.00 54,500.00 $ 490.00 49 000.00 $ 593.18 59,318.00 975.00 97.500.00 5 795.95 $ 79 595.00 $ 1 200.00 $ 120 000.00 $ 75276 $ 75 276.00 MULCH ST' • f WEE. F' E (1.5 T• NS! • C' E 213 MULCH TACKIFIER (200 LBSlACRE)+WOOD MULCH 300 LBS/ACRE ACRE 40 638.00 $ 25 520.00 y' "�. Rl; f aSrO.I �wg . r 3";�p�rt"n 4. ^' « . a•t 05C kY%g ^N �d• �i,�^„ ilq t„1; rk>' na o? $ 883.00 $ 35 320.00 $ 554.00 $ 22 160.00 $ 610.00 $ 24 400.00 $ 636.45 $ 25 458.00 $ 1 075.00 $ 43 000.00 $ 669.25 $ 26 770.00 $ 1 295.00 $ 51 800.00 $ 2 145.11 $ 85 804.40 214 SEEDING MAINTENANCE ATERING HR 10 5 25.00 $ 250.00 -: • a a -. . Ibtitidg $ 153.00 $ 1.530.00 $ 225.00 2 250.00 - 300.00 $ 3.000.00 330.84 $ 3 308.40 $ 240.00 2.40020 $ 19515 $ 1 951.50 $ 55.00 $ 550.00 $ 481.61 $ 4 816.10 216 CLASS 3 TRM (PYRAMAT-75 OR APPROVED EQUIVALEN SY 500 19.80 $ 9 900.00 Ne tie ,.' s e s e a $ 20.85 10 425.00 $ 24.00 $ 12 000.00 $ 25.00 12 50000 $ 19.75 $ 9 875.00 23.18 11 590.00 $ 26.10 $ 13 050.00 $ 45.00 22 500.00 $ 25.29 5 12 645.00 216 SOIL RETENTION BLANKET STRAW/COCONU SY 2 000 $ 2.57 $ 5,140.00 ftF,r in! o $ 1.94 $ 3 880.00 $ 2.25 $ 4 500.00 $ 2.75 $ 5 500.00 3.23 $ 6 460.00 $ 4.34 $ 8 680.00 $ 2.95 $ 5 900.00 $ 5.95 $ 11 900.00 5 4.29 $ 8,580.00 607 CONSTRUCTION FENCING (ORANGE PLASTIC W/ T- POSTS LF 1000 $ 3.25 $ 3 250.00 1 eee,>?:�"• $ 0.96 $ 960.00 $ 2.00 $ 2 000.00 $ 1.35 $ 1 350.00 $ 3.77 $ 3 770.00 $ 1.32 $ 1,320.00 $ 2.00 $ 2 000.00 $ 4.95 $ 4 950.00 $ 2.02 $ 2 020.00 ( ) '1S' „ '� a ads 626 MOBILIZATION NORTH OF HWY 34 ITEMS 202 EACH 15 459.45 $ 6891.75's,r',,'d.$N.:.45 nibs",1 $ $ - $ 600.00 9000.00 $ 855.00 $ 12,82500 $ 500.20 7503.00 $ 600.00 9000.00 $ 60500 9275.00 $ 75020 $ 11 250.00 $ 97973 $ 14.695.95 o ea 626 MOBILIZATION NORTH OFHWY 34 ITEMS 208 EACH 8 5 459.45 $ 3675.60 "'k1'F,''+w'' e®a„w p^1?I"r".."4'dk"s:a sta'®°I $ - $ - $ 600.00 4800.00 54500 $ 4360.00 $ 500.20 $ 4001.60 950.00 7600.00 605.00 $ 4840.00 $ 750.00.$ 6000.00 97973 7837.84 626 MOBILIZATION NORTH OF HWY 34 ITEMS 212 AND 213 EACH 15 $ 765.75 $ 11486.25"'p("9aae ""1, 5 - 1250.00 18 750.00 $ 1710.00 25 650.00 $ 500.20 $ 7503.00 $ 1700.00 25 500.00 $ 1895.00 $ 28 425.00 $ 750:00 11.250.00 $ 2.489.66 $ 37 344.90 626 MOBILIZATION NORTH OF HWY 34 ITEMS 216 EACH 1 459.45 5 459.45 a a0 '''iw7 fµ yy ,-:.,a be t '. - 600.00 $ 600.00 $ 360.00 $ 360.00 500.20 1 500.20 $ 1000.00 1000.00 $ 2130.00 2130.00 750.00 $ 750.00 $ 979.73 $ 979.73 626 MOBILIZATION NORTH OF HWY 34 ITEM 607 EACH 1 459.45 $ 459.45 �nC..�:.+.+Eaa :� �, ::' iwn;! : �. c*`if79D 'a,".Y$'. o ao $ - $ - $ 600.00 5 60020 545.00 $ 545.00 $ 500.20 500.20 $ 500.00 $ 500.00 $ 755.00 755.00 750.00 750.00 $ 97973 979.73 626 MOBILIZATION SOUTH OF HWY 34 ITEMS 202 EACH 15 $ 459.45 $ 6 891.75 .g-, n, p), '.;F•4 ,i5ifN q+ .; ', 6;o ,0 s $ - $ - $ 400.00 $ 6 000.00 $ 570.00 $ 8.550.00 $ 312.80 $ 4 692.00 $ 500.00 $ 7 500.00 $ 453.00 $ - 6 795.00 $ 750.00 $ 11 250.00 $ 734.80 $ 11 022.00 626 MOBILIZATION SOUTH OF HWY 34 ITEMS 208 EACH 8 459A5 3 675.60 J rl° °aJE70 o. _ a o ea $ $ $ 400.00 $ 3 200.00 $ 86500 $ 6.920.00 $ 312.80 2 502.40 $ 750.00 6 000.00 $ 453.00 3 624.00 750.00 6 000.00 734.80 $ 5.878.40 626 MOBILIZATION SOUTH OF HWY 34 ITEMS 212 AND 213 EACH 10 765.45 $ 7654.50 -.'v 'a sa r.a nsa $ - $ - $ 975.00 $ 9.750.00 $ 1.105.00 11 050.00 312.8D $ 3128.00 $ 1500.00 1 15.000.00 1895.00 $ 18950.00 $ 750.00 $ 7500.00 $ 1.867.47 $ 18674.70 626 MOBILIZATION SOUTH OF HWY 34 ITEMS 216 EACH 1 $ 459.45 $ 459.45 "' "' +z.:"" rc"a ''• ewe e a o"D e . $ - $ - $ 400.00 $ 400.00 $ 415.00 $ 415.00 $ 312.80 $ 312.80 $ 750.00 $ 750.00 $ 453.00 $ 453.00 $ 750.00 $ 750.00 $ 734.80 $ 734.80 626 MOBILIZATION SOUTH OF HWY34 ITEM 607 EACH 1 459.45 $ 459.45 • CB a Ej ✓- �a .4 a _Y_. Elala 0 [� $ • $ 400.00 5 400.00 $ 270.00 $ 270.00 312.80 312.80 $ 400.00 400.00 $ 453.00 453.00 $ 750.00 S 750.00 $ 734.60 $ 734.80 630 TRAFFIC CONTROL - LANE CLOSURE (WITH FLAGGERS MUTCO TA -10 DAY 10 $ 918.90 $ 9 189.00 °. r6 x•:y°g A0 1, { {•' 0¢a a o a Y ,F'(S{s ; L,, T' ' a a a n1a", $ 1 450.00 14 500.00 $ 1 750.00 17 500.00 1 1 545.00 $ 15 450.00 $ 1 512.00 $ 15 120.00 $ 1 800.00 18 000.00 1 713.00 17 130.00 $ 1 350.00 $ 13 500.00 $ 2 132.36 . 21 323.60 630 TRAFFIC CONTROL - SIGNS ONLY (NO FLAGGERS) (MUTCD TA -6 DAY 20 357.35 $ 7 147.00 "ra^ ,( re° 'lya !;��''( l'I ` ea DO 950.00 19 000,00 $ 925.00 $ 18 500.00 $ 970.00 19 400.00 952.00 19 040.00 $ 500.00 1 10 000.00 255.00 5 100.00 $ 1 050.00 $ 21 000.00 511.88 10 237.60 TOTAL COST 578 541.85 +erg` °"1t,+'�" "rx :+a„7¢;„k1'aaa ¢: 4c'6'a - :, 'a s3. - $ 434 973.50 $ 534 835.00 $ 567 505.00 $ 575 327.53 613 542.50 $ 628 103.45 653 050.00 $ 972 658.75 n . "(P ,Qz't° s: ,x �,k5:A7 a"..: Bid Amount $ 435 997.21 Bid Amount 534 835.00 Bid Amount $ 567 505.00 Bid Amount 575 327.53 Bid Amount $ 613 542.50 Bid Amount 628 103.45 Bid Amount 5 653 050.00 Bid Amount 972 673.25 Lam= tt11�a $6tT� Total -Bid Amount $ 1 023.71 Total -Bid Amount - Total -Bid Amount - Total -Bid Amount - Total -Bid Amount - Total -Bid Amount - Total -Bid Amount $ - Total -Bid Amount $ 4.50 it d `s •ufr•It-�°%,ra "I�' r '+ Errors in their bid tabulation Checks out ok Checks out ok Checks out ok Checks out ok Check out ok Check out ok Math error of $4.50 in mobilization s"'"hsllije',BkjQe(a, For items of 0 quantity they used a quantity of 1. WELD COUNTY PURCHASING 1150 O Street, Room #107, Greeley, CO 80631 E-mail: cmpeters c(r7weldgov.com E -Mail: reverett(c�weldgov.com E -Mail: rturf(c�weldgov.com Phone: (970) 400-4223, 4222 or 4216 Fax: (970) 336-7226 DATE OF BID: FEBRUARY 18, 2021 REQUEST FOR: EROSION CONTROL AND REVEGETATION SERVICES FOR 2021 DEPARTMENT: PUBLIC WORKS BID NO: #B2100048 PRESENT DATE: FEBRUARY 22, 2021 APPROVAL DATE: MARCH 8, 2021 VENDORS ALL COWBOY EROSION CONTROL 5263 CR 63 KEENESBURG, CO 80643 H-2 ENTERPRISES, LLC $435,997.21 4626 CR 65 KEENESBURG, CO 80643 TOTAL COST $381,798.50 ENVIRONMENTAL LOGISTICS, INC $534,835.00 1101 E 64TH AVE DENVER, CO 80229 WESTERN STATES RECLAMATION, INC. $567,505.00 3756 IMPERIAL ST FREDERICK, CO 80516 SMITH ENVIRONMENTAL AND ENGINEERING $575,327.53 250 PERRY LANE DACONO, CO 80514 STORMWATER LOGISTICS $613,542.50 16350 E ARAPAHOE RD, STE 108-316 FOXFIELD, CO 80016 NORTHERN COLORADO CONSTRUCTORS $628,103.45 9075 CR 10 FORT LUPTON, CO 80621 ALOTERRA RESTORATION SERVICES $653,050.00 320 E VINE DR, STE 213 FORT COLLINS, CO 80524 ADVANCED CONTRACTING GROUP, LLC $972,673.25 804 GRAND AVE PLATTEVILLE, CO 80651 THE PUBLIC WORKS DEPARTMENT IS REVIEWING THE BIDS. 2021-0492 oa/aa Hello