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Home My WebLink About20211111.tiffITEM 5 SEWAGE DISPOSAL Portable toilets provided by a third -party contractor will be used on site; see attached site service quotation from United Site Services. Kiewit Carr Sand & Gravel Mine Weld County USR Permit Application United Site Services of Colorado. Inc. 6766 Country Rd Unit 1 LOVELAND, CO 80537 (Uniited SITE SERVICES Site Service Quotation Salesperson Contact Bryan M. Dykstra Mobile: Office: +1 508-948-6941 x86941 Fax: bryan.dykstra@unitedsiteservices.com Quote No.: 414-2091541 Quote Date: 09/24/20 Quote Expires: 10/24/20 Sell To: KIEWIT INFRASTRUCTURE Ship To: KIEWIT INFRASTRUCTURE STEVE CERESA CARR, CO 80612 160 INVERNESS DR W STE 110 ENGLEWOOD, CO 80112-5005 Cust. #: USS-231884 Phone: 303-886-4100 Terms: Due Upon Receipt Item Unit Quantity From Thru Unit Price Total Price Standard Restroom Weekly Service Additional Wockly Sorvico 2(optional) EA EA EA 2 2 2 09/25/20 09/25/20 00/25/20 Indef Indef Indof 20.00 56.40 55.00 40.00 per billing cycle 112.80 per billing cycle 110.00 billing Dumago Waivor EA 2 00/25/20 Indof 7.05 por cyclo 15.00 billing (optional) Hand Sanitizer (required) Environment/Energy/Compliance Standard Restroom Subtotal :. .. .. .. 2 5tntion 5ink EA .. .. .. .. EA 2 .. .. .. 1 09/25/20 .. .. .. 00/25/20 Indef .. .. .. Indef 35.00 .. .. .. . 20.00 per cycle 70.00 per billing cycle 39.16 per billing cycle 387.86 $261.00 20.00 billing (OPTIONAL) p& cycle Additional Damage Waiver (optional) tnvironment/1nergy/Compliance 1A 1 09/25/20 Indef 7.95 7.95 pi Uilliiiy 40.76 billing per cycle Per Billing Cycle Subtotal.303.9C Delivery, SetupRemoval €A 1--(9 5/20 09/25/20 195-00 105.00 one time One Time Subtotal 120.65 2 station sink (OPTIONAL) Subtotal: 04.C1 Accepted: Date: 9124120 Total: 892.47 Remit To: United Site Services, PO Box 660475, Dallas, TX 75266.0475 NOTE: Total prices have been calculated for 1 billing period only. Damage Waiver is optional. Please read the terms and conditions on the last page of this document for more information. TERMS AND CONDITIONS Rev. 5.6.09 1. Acceptance Customer shall be deemed to have accepted these terms and conditions upon the earliest to occur of: (i) two business days after receipt of an invoice from Company; (ii) delivery of items of equipment (Equipment) identified in the invoice to the site designated in the invoice (the "Site") and use or acceptance thereof; or (iii) acknowledgment or other conduct ofCustomer ustomer indicating acceptance. These terms and conditions shall supersede any inconsistent terms of any purchase order or other documents of Customer. 2. Payment Terms All agreements are subject to approval by Company. Customer shall pay all charges by Company during the term (the Period') shown in the invoice. All Company invoices are due and payable upon Customer's receipt of the invoice. Customer shall be liable to Company for interest at the rate of 1.5% per month, or such lesser rate as may be the maximum lawful rate from time to time, on all overdue accounts. Customer shall pay all additional charges for services separately requested by Customer or made necessary by Customer's breach of these Terms and Conditions, including but not limited to, movinglrelocation charges, special service charges, and special delivery and removal charges. In the event Customer's account becomes delinquent, Customer agrees to pay Company all collection expenses, including reasonable attorney's fees. 3. Service The Company offers servicing as an option on all portable rest - rooms. 4. Damage Waiver The Company offers a damage waiver program on certain Equipment. Customer may decline the damage waiver by completing and executing the appropriate section at the end of these terms and conditions. Unless Customer has declined the Damage Waiver in writing before the com- mencement of the Period or within five business days of the date of the first Invoice to Customer for any Equipment identified with a Damage Waiver on the invoice, whichever is later, Company shall impose, and Customer shall pay, any Damage Waiver fees indicated on the invoice and (provided Customer has not breached any of these terms and conditions) Customer shall have no responsibility for accidental structural damage to the Equipment, EXCEPT (i) Customer shall be liable for theft of any Equipment and for any losses resulting from any willful or grossly negligent acts or omissions of Customer or any of its agents, servants and employees, and (ii) if Customer has other insurance covering such loss or damage, Customer shall exercise all rights available to it under such insurance, take all actions necessary to process such claim and assign such claim and pay any and all proceeds from such insurance to Company. If Customer declines the Damage Waiver, Customer shall be liable for any loss or damage to the Equipment, regardless of cause or fault, except for reasonable wear and tear, and Customer shall pay Company the actual cost of repair or replacement cost thereof, and in addition thereto, for Company's loss of use of the Equipment. In the event of any loss of or damage to the Equipment, Customer shall promptly notify Company of such loss or damage and shall provide Company with copies of all reports relating to such loss or damage, including police reports, informal investigation reports and insurance reports. The damage waiver described in this section does not apply to portable toilets and containers which become contaminated with hazardous materials or contaminants de- scribed in Paragraph 7 while in the Customer's control and possession. S. Equipment Location Customer warrants and represents that it has exercised due diligence and care in the selection of the location it has designated for the placing of portable toilets, temporary fencing, portable storage containers and any other Equipment provided by Company, and further agrees to give directions and supervise the placement of such temporary fencing, storage containers, portable toilets and other Equipment. 6. Equipment Responsibility Company will deliver the Equipment to the Site at the commencement of the Period and will remove the Equipment at the end of the Period. If servicing has been ordered by Customer, Company will remove any domestic septic waste ("DSW") from portable restrooms, if applicable, on the service day(s) scheduled by Company. In the event Company is unable to service the Equipment on the service day due to a holiday, inclement weather, or other interfering circumstances, Company shall service the Equipment on the earliest business day, excluding Sundays, available in accordance with Company's other service commitments. Company shall be granted access to the Equipment at any time for any servicing, maintenance or removal of Equipment. Customer shall not remove the Equipment from the Site, and shall not move the Equipment on the Site without written permission from Company. Customer shall not modify the equipment. Customer shall not sell, rent, lease or otherwise lose possession of the Equipment, nor shall Customer permit any lien to be placed on the Equipment. Customer acknowledges that Company has no control over the use of the Equip- ment by Customer, and Customer agrees to comply, at Customer's sole expense, with any and all applicable municipal, county, state, federal or quasi -governmental laws, ordinances, regulations and guidelines, including ANSI Standard Z4.3 and the requirements of the Guide for Clean Portable Sanitation" published by PSAI, if applicable. 7. Equipment Contamination While portable restroom units are in Customer's possession, Customer shall prevent any contamination of such units with or from radioactive, volatile, flammable, explosive, toxic or hazardous materials (including oils, paints, adhesives and solvents). Company will not remove any waste other than DSW from portable restrooms and storage containers ("Other Waste"). In the event Other Waste is found in the Equipment, Customer shall arrange and pay for separate removal of such Other Waste. Until such Other Waste is removed, Customer may not terminate the Period and Customer is liable for all charges ac- crued during such period. 8. Liability Except to the extent Customer is not liable for damage to Equipment under the Damage Waiver program described in Section 5, Customer agrees to defend, indemnify and hold Company harmless to the maximum extent permitted by law from and for all claims, lawsuits, damages, expenses and other losses arising out of the rental or use of Equipment delivered to or rented by Customer. Customer's obligation will apply to the extent permitted by law to all accidents or incidents regardless of whether same occur as a result of Customer's or third party's negligence, fault or other legal liability. Customer will have no obligation to defend, indemnify or hold harmless Company if the accident or incident arises out of the sole negligence or willful misconduct of Company. Company, its officers, directors, employees and agents shall not, under any circumstances, be liable to Customer for consequential, incidental, special, exemplary or punitive damages arising out of or relating to the Equipment. Customer's sole and exclusive remedy for any claims or causes of action arising out of or related to the Equipment shall be to recover from Company direct damages in an amount not to exceed the amount paid by Customer for use of the Equipment. 9. No Prorating Agreed upon rates are the complete billing periods and are not to be prorated. 10. Termination Company may terminate this agreement and remove the Equip- ment immediately in the event (i) Customer fails to pay any amount when due to Company, (ii) Customer otherwise breaches or rejects any of these Terms and Conditions, (iii) there is any loss of or damage to the Equipment, (iv) any lien is placed, or is proposed to be placed, on any of the Equipment, or (v) a proceeding in bankruptcy or for other protection from creditors is commenced by or against Customer. Company shall not be responsible for loss of any personal property on the Site, which may be caused by removal of any of Company's Equipment pursu- ant to this paragraph. 11. Governance This agreement shall be governed by and construed in accor- dance with the laws of the state, shown on the invoice, in which the Company's place of business is located, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than such state. Each of the parties submits to the jurisdiction of any state or federal court sitting in such state, in any action or proceeding arising out of or relating to this agreement. All claims in respect of the action or proceeding may be heard and determined in any such court. No failure by Company to exercise any right hereunder shall operate as a waiver of any other right hereunder, and a waiver of any right on one occasion shall not constitute a bar to or a waiver of any such right on any future occasion. All modifications to these Terms and Conditions shall be in writing. 12. Taxes & Fees Customer shall pay any and all taxes, license fees or permit fees arising out of use of the Equipment. Customer shall pay such taxes whether such taxes are shown on the invoice or whether such taxes are later claimed by a governmental authority. In the event of a claim by a governmental authority for taxes related to the Equipment, Customer shall pay to Company such taxes on demand, 13. Additional Terms Additional Terms and Conditions apply to rental and service of Storage Containers ("Sheds") and Temporary Power equipment. These Terms & Conditions are shown on the back of your contract for these items. 14. Errors & Omissions Company reserves the right to correct any erroneous information that may appear in the invoice or may have appeared in a prior invoice including, without limitation, Customer's name or address, or billing amounts. 15. Conditional Payments Any payment check, or other form of payment that you send us for less than the full balance due that is marked "paid in full ° or contains a similar notation, or that you otherwise tender in full satisfaction of a disputed amount, must be sent to United Site Services Inc., 50 Washington Street, Suite 1000, Westborough, MA 01581. We reserve all our rights regarding these payments (e.g., if it is determined there is no valid dispute, or if any such check is received at any other address, we may accept the check and you will still owe any remaining balance), We may refuse to accept any such payment by returning it to you, not cashing it or destroying it, All other payments that you make shall be sent to the address on the invoice. ITEM 4 WATER SUPPLY See attached water supply information summary. Kiewit anticipates contracting with a third party for all non -potable water needs for dust control use around the site; see the attached will serve letter agreement from Denver-Julesburg Water Resource Partners, LLC. Potable water needs will be supplied by bottled water. Kiewit Carr Sand & Gravel Mine Weld County USR Permit Application WATER SUPPLY INFORMATION SUMMARY Section 30.28-133,(dl. C.R.S. requires that the applicant submit to the County, 'Adequate evidence that a water supply that is sufficient in terms of quanlity, quality and dependability will be available to ensure an adequate supply of water. 1. NAME OF DEVELOPMENT AS PROPOSED Kiewit Carr Sand and Gravel Pit Z. LANG USE ACTION Sand and gravel mining 3. NAME OF EXISTING PARCEL AS RECORDED Weld County Parcel #020136000001 SUBDIVISION n/a FILING n/a BLOCK n/a LOT n/a 4. TOTAL ACREAGE 640 ac S. NUMOER OF LOTS PROPOSED n/a PLAT MAP ENCLOSED YES 6. PARCEL HISTORY - Please attach copies of deeds, plats or other evidence or documentation. See Certi ficate of Conveyance A. Was parcel recorded with county prior to June 1, 1972? ❑ YES ❑ NO 8_ Has the parcel over been part of a division o1 land action since June 1, 1972? ❑ YES ❑ NO If yes, describe the previous action 7. LOCATION OF PARCEL • Include a map deliniating the project area and tie to a section earner. 114 OF 114 SECTION 36 TOWNSHIP 11 M N ❑ S RANGE 67 ❑ E 0 W PRINCIPAL MERIDIAN; l 6TH ❑ F.M. ❑ UTE ❑ COSTIftA 8. PLAT - Location of ati wells an property must be plotted and permit numbers provided. No existing wells on property Surveyors plat U Yes ❑ No If not, scaled hand drawn sketch ❑ Yes ❑ No 9. ESTIMATED WATER REQUIREMENTS - Gallons per Oa y or Acre Feat per Year ............._.,...-,..,..,..,..,...........................—................................................._...................... -- --........._.._........----............................................... 10, WATER SUPPLY SOURCE _...------........._,,.-,.,.._..,..,....,...................,............. ❑ EXISTING ❑ DEVELOPED ❑ NEW WELLS WELD SPRING HOUSEHOLD USE II 0 of units 0 GPO 0 AF PROPOSED AOUFIr ,5H1ONO WELL PERMIT NUMBERS j Airunau ❑ UPPER anaraHOE 11 UPPER DA'(SOH I LCW F 5RAPAHt€ COMMERCIAL USE # 0 of S.F. 0 GPO 0 AF €owrx onwson �I A uMiE Fox HILLS USINM `7 no.XOrA 1 CTH€5i IRRIGATION #0 of acres 0 GPO 0 AF STOCK WATERING # 0 of head 0 GPD _ 0 AF ............................. .. . --..............................:.........._._.........,.....,..,..,..................................... ❑ MUNICIPAL ❑ ASSOCIATION WATER COURT DECREE CASE NO'S OTHER Dust abatement- 20,000 6P0 22.4 AF J COMPANY (hauled water) U DISTRICT TOTAL 20,000 GPO 22 .4 AF NAME — LEflER OF COMMITMENT FOR SERVICE ❑ YES ❑ NO 11. ENGINEER'S WATER SUPPLY REPORT ❑ YES I NO IF YES, PLEASE FORWARD WITH THIS FORM. fThis may be required before cur reviews completed-) 12. TYPE OF SEWAGE DISPOSAL SYSTEM ..................................................---------------------------------- .......------............................................................................................................ -•-- .. ------ .................------- ..... ----- ----- © SEPTIC TANKILEACi•i FIELD ❑ CENTRAL SYSTEM - DISTRICT NAME ❑ LAGOON ❑ VAULT - LOCATION SEWAGE HAULED TO ❑ ENGINEERED SYSTEM {git■rh' copy of snginoennOTHER Portable toilets Denver-Julesburg Water Resource Partners, LLC PO Box 273180 • Fort Collins, Colorado 80527 Phone: 970-797-2187 • Fax: 970-692-8342 October 6, 2020 WILL SERVE LETTER AGREEMENT This Letter Will Serve as an agreement for the supply of non -potable water between DENVER-JuLESBURG WATER RESOURCE PARTNERS, LLC and KIEWIT INFRASTRUCTURE COMPANY. This letter is written confirmation that on as needed basis DENVER-JULESBURG WATER RESOURCE PARTNERS, LLC the Seller, will provide non -potable water to KIEWIT INFRASTRUCTURE COMPANY, the Buyer, for use on construction projects and its various fixed facilities for use in dust suppression. The Buyer intends on picking up water from the Seller's facility located 20660 Niobrara Blvd; LaSalle, CO 80645 located at the corner of WCR 33 and U.S. Highway 85, Weld County, Colorado ("Triton Water"), which Seller represents may be used to extinction at any location. Subject to availability of the Triton Water, Seller agrees to make the Triton Water available to Buyer. Seller represents that it has the legal right to provide the Triton Water to Buyer under this Agreement. The Buyer agrees to pay Seller $0.45 per barrel ($3,492.00 per acre-foot) of Triton Water purchased by Buyer under this Agreement. Barrels of water taken by the Buyer from the facility shall be metered on a daily basis by Seller. Seller shall invoice Buyer monthly for the amount of water deliveries for the prior month. The Buyer agrees to pay the Seller net 30 from the date of the provided invoice. ��,;� i �kti tr i i 1 vro�;:� �� ) 1I i 1r �; tir a C_v rtc��f lv�•��. Scilcr i J c �Frti ��rJg� �3 �'LL /j' Please feel free to contact us wrth-any questions. Ii h __ Triton Water Resources, LLC Attn: Mark Goldstein P.O. Box 273180 Fort Collins, Colorado 80527, Phone: (970) 689-3155 E -Mail: mareiresources.com Hello