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Home My WebLink About20212392.tiff/Diks.02/(- MEMORANDUM TO: Esther Gesick, CTB DATE: August 23, 2021 FROM: Clay Kimmi, P.E., Public Works SUBJECT: B2100112 — Hunt Property Demolition Please place the attached contract on the BOCC consent agenda for an upcoming 9 am hearing. The contract is for the demolition of a house, shop, septic system, and landscaping. The Board awarded the contract to Buxman Excavating LLC on August 23, 2021. The contract id is 5216. The Tyler reference number is 2021-2392. The contract is for an amount not to exceed $38,600.00. 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 cc.:PwCCK),Po , ©n&ase, c, I3O l a%9O2- e —cc 79 AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & BUXMAN EXCAVATING LLC HUNT PROPERTY DEMOLITION PROJECT THIS AGREEMENT is made and entered into this 11 day of v , 2021, by and between the Board of Weld County Commissioners, on behalf of the Dep ment of Public Works, hereinafter referred to as "County," and Buxman Excavating, LLC, hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform construction services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing to perform and has the specific ability, qualifications, and time to perform the required construction services to provide the services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials, and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B2100112". Exhibit B consists of Contractor's Response to County's Request for Bid. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall faithfully perform the Work in accordance with the standards of professional care, skill, training, diligence, and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools, and facilities owned by County which Contractor is using, by whatever method it deems 90 expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT - INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or 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. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay an amount not to exceed $38,600.00, as set forth in Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as pp a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right it its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential information of Contractor should be transmitted separately from non - confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL". However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a warranty period during which Contractor must correct any failures or deficiencies caused by Contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project, and shall continue for one year, or such greater time as specified in the attached Exhibits. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. aid 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. a. Types of Insurance: Workers' Compensation/Employer's Liability insurance as required by state statute, covering all the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance including public liability and property damage covering all operations required by the Work. Such policy shall include minimum limits 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 per person. Medical operations coverage shall be provided for a minimum period of one (1) year following final acceptance. Automobile Liability: Contractor 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. Umbrella or Excess Liability Insurance: Contractor shall maintain limits of $1,000,000 and shall become primary in the event the primary liability policy limits are impaired or exhausted. The policy shall be written on an Occurrence form and shall be following form of the primary. Pollution Liability. Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions that may arise from the operations of the Contractor described in the Exhibits. The policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). if the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. Minimum Limits: Per Loss $ Aggregate $ 1,000,000 1,000,000 Builders' Risk Insurance or Installation Floater — Completed Value Basis: Unless otherwise provided in the attached Exhibits, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in Colorado, Builders' Risk Insurance in the amount of the initial contract amount as described in the attached Exhibits, plus the value of subsequent modifications, change orders, and cost of material supplied or installed by others, comprising total value of the entire Project at the site on a replacement cost basis without optional deductibles. (1) The policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site. (2) Such Builders' Risk Insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the County 's has insurable interest in the property to be covered, whichever is later. (3) The Builders' Risk insurance shall include interests of the County and if applicable, affiliated or associate entities, the General Contractor, subcontractors and sub -tier contractors in the Project. (4) The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false -work, temporary buildings, transit, debris removal including demolition, increased cost of construction, architect's fees and expenses, flood (including water damage), earthquake, and if applicable, all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation, backfilling, filling, and grading. Flood damage coverage is not required for work within the floodway or 100 -year floodplain. Regardless, Contractor shall bear all risk associated with any and all loss resulting from flood events during construction. (5) The Builders' Risk shall include a Beneficial Occupancy Clause. The policy shall specifically permit occupancy of the building during construction. County Contractor shall take reasonable steps to obtain consent of the insurance company and delete any provisions with regard to restrictions within any Occupancy Clauses within the Builder's Risk Policy. The Builder's Risk Policy shall remain in force until acceptance of the project by the County. (6) Equipment Breakdown Coverage (a.k.a. Boiler & Machinery) shall be included as required by the Contract Documents or by law, which shall specifically cover insured equipment during installation and testing (including cold and hot testing). (7) The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor for all covered perils within the required policy. For all general liability, excess/umbrella liability, and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. b. Proof of Insurance: Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. Contractor shall provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured. c. Subcontractor Insurance: Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above described insurance prior to the commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. d. No limitation of Liability: The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or �r3 broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amourits, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. e. Certification of Compliance with Insurance Requirements. 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 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. 14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement 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, judicial decision, or other 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. 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. 15. 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. 16. 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. 17. 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. 18. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or �3 Either party may change its notice address(es) by written notice to the other. Notice shall be sent to: Contractor: Buxman Excavating. LLC Name: Don Buxman Position: President Address: 32186 CR 29 Address: Greeley, CO 80631 E-mail: don@buxmanexcavating.com Phone: 970-301-6038 County: Weld County Public Works Name: Clay Kimmi, P.E. Position: Senior Engineer Address: P.O. Box 758 Address: 1111 H Street, Greeley, CO. 80632-758 E-mail: ckimmi@weldgov.com Phone: 970-400-3741 19. Compliance with Law. Contractor shall strictly comply with ail applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 20. 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. 21. 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. 22. 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. 23. 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. 24. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including without limitation, the warranties, indemnification obligations, confidentiality, and record keeping) shall survive any such expiration or termination. 25. 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. 26. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other 9✓3 provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 27. 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. 28. 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. 29. 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. 30. 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 Agreement. 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 this Agreement 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 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. 31. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000 annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract. "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state - issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion. [This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law. In accordance with C.R.S. §8-17-107 and 2 C.F.R. §200.319(c), this section shall not apply if the Work is funded wholly or in part with federal funds.] 32. 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. 33. 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. 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 bids or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRA TOR: By: -1 Gj Name: ✓ p ,. C/#) t Title: rtes, e.4.1-7" WELD COU T ATTEST: C d1) rL; e1 a 3 ,20/ Date of i nature / BOARD OF COUNTY COMMISSIONERS Weld C unty Clerk to the Board �,,, WELD COUNTY, COLORADO Steve Moreno, Chair AUG 3 0 2021 REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: JULY 14, 2021 BID NUMBER: B2100112 DESCRIPTION: 19999 CR 66 (HUNT PROPERTY) DEMOLITION MANDATORY PRE -BID MEETING DATE: JULY 28, 2021, 9:00 A.M. FINAL DATE FOR ASKING QUESTIONS: AUGUST 2, 2021 AT 7 A.M. FINAL DATE FOR FINAL ADDENDUM: AUGUST 3, 2021 AT 5 P.M. BID DEADLINE DATE: AUGUST 5, 2021 AT 10 A.M. BID OPENING CONFERENCE CALL: AUGUST 5, 2021 AT 10:30 A.M. ANTICIPATED BID PRESENTATION TO BOCC: AUGUST 9, 2021 ANTICIPATED BID AWARD BY BOCC: AUGUST 23, 2021 ANTICIPATED NOTICE TO PROCEED: SEPTEMBER 8, 2021 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller/Purchasing Director (Weld County), wishes to purchase the following: HUNT PROPERTY DEMOLITION PROJECT A mandatory pre -bid meeting will be held at 19999 CR 66, Greeley, CO at 9:00 a.m., on Wednesday, July 28, 2021. Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. Bids for the above stated merchandise, equipment, and/or services until: 10:00 A.M. on August 5, 2021 (Weld County Purchasing Time Clock). Due to COVID-19, instead of an "in -person" bid opening, the submitted bids will be read over a Microsoft Teams Conference Call on August 5, 2021 at 10:30 A.M. (MDT). To join, call the phone number and enter the conference ID provided below. PHONE NUMBER: (720) 439-5261 CONFERENCE ID: 617 735 046# PAGES 1 -13 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL THE INFORMATION CONTAINED IN PAGES 1 -13 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW ON PAGE 14. 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. Bid information 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. Did Delivery to Weld County Page 1 of 78 Emailed bids are required. Bids may 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 25MB in size. Please call Purchasing at 970-336-7225 if there are 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 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. 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. 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. 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. Terms Defined: Terms used in these instructions to Bidders and elsewhere throughout the Contract Documents are defined in the General Provisions, CDOT, Standard Specification for Road and Bridge Construction (Specifications), Section 101 and the Weld County Revisions to Section 101 of the Specifications. The term "Contract Documents" shall mean the documents included but not limited to: • Request for Bid • Contractor's Response to the Bid • All Addendums • All Appendices • All Exhibits • Specifications and other referenced sources. • Plans including detailed plans and standard plans • Except as otherwise specified in the Contract Documents, or otherwise directed by the County, references to standards, codes, or criteria shall mean the latest version in effect on the Proposal Due Date. Page 2 of 78 Reference to "days" or "Days" contained in the Contract Documents shall mean "Calendar Days" unless otherwise specified. 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 Bidder shall be solely responsible for any interpretation of the Contract Documents or Drawings other than by duly issued Addenda. In the Contract Documents, where appropriate: • The singular includes the plural and vice versa; • References to statutes or regulations include all statutory or regulatory provisions consolidating, amending, or replacing the statute or regulation referred to; • Words such as "herein," "hereof," and "hereunder" refer to the entire document in which they are contained and not to any particular provision or section; • Words not otherwise defined that have well-known technical or construction industry meanings are used in accordance with such recognized meanings; • References to Persons include their respective permitted successors and assigns and, in the case of Governmental Persons, Persons succeeding to their respective functions and capacities; and • Words of any gender used herein include each other gender where appropriate. 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 their sole discretion, release any Bid at any time. 4. AWARD AND EXECUTION OF CONTRACT Page 3 of 78 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 Contractors shall submit a list of all Subcontractors he/she expects to use in the Work with the Bid. 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 Contractors 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 a Certificate of Insurance within five (5) 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 additionally insured. 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 signed Contract from the successful Bidder will issue the Notice to Proceed. In submitting the bid, the Contractor 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), the successful Contractor's response, 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. 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, sanitary, gas, telephone, and similar facilities and services required by him in performing the Work. Cash Allowances: The Contractor shall include in his/her Bid such sums as he/she 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 Contractor shall by careful examination, satisfy himself/herself 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 Contractor shall carefully review the Drawings and the Project Special Conditions for provisions concerning access to the site during performance of the Work. The Contractor shall carefully review the locations of the site where the work is to be performed. The Contractor shall make all Page 4 of 78 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 Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. 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 this Agreement 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 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. 9. GENERAL PROVISIONS A. 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. B. Confidential Information: Confidential information of Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL". However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission Page 5 of 78 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. C. Governmental Immunity: No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. 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 (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. E. 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. F. 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. G. No Third -Party Beneficiary Enforcement: 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. H. 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. 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 be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Service or Work: Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall faithfully perform the Work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work 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 mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Page 6 of 78 Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. L. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 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 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. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement. N. Subcontractors: Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the Page 7 of 78 provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a warranty period during which Contractor must correct any failures or deficiencies caused by Contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project, and shall continue for one year, or such greater time as specified in the attached Exhibits. P. 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. 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. 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. Binding Arbitration Prohibited: 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: Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. 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. X. Taxes: 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. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 10. INSURANCE REQUIREMENTS: Page 8 of 78 Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. a. Types of Insurance: Workers' Compensation/Employer's Liability Insurance as required by state statute, covering all the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance including public liability and property damage covering all operations required by the Work. Such policy shall include minimum limits 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 per person. Medical operations coverage shall be provided for a minimum period of one (1) year following final acceptance. Automobile Liability: Contractor 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. Umbrella or Excess Liability Insurance: Contractor shall maintain limits of $1,000,000 and shall become primary in the event the primary liability policy limits are impaired or exhausted. The policy shall be written on an Occurrence form and shall be following form of the primary. Pollution Liability. Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions that may arise from the operations of the Contractor described in the Exhibits. The policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. Minimum Limits: Per Loss $ Aggregate $ 1,000,000 1,000,000 Builders' Risk Insurance or Installation Floater — Completed Value Basis: Unless otherwise provided in the attached Exhibits, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in Colorado, Builders' Risk Insurance in the amount of the initial contract amount as described in the attached Exhibits, plus the value of subsequent modifications, change orders, and cost of material supplied or installed by others, comprising total value of the entire Project at the site on a replacement cost basis without optional deductibles. (1) The policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction, Page 9 of 78 renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site. (2) Such Builders' Risk Insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the County 's has insurable interest in the property to be covered, whichever is later. (3) The Builders' Risk insurance shall include interests of the County and if applicable, affiliated or associate entities, the General Contractor, subcontractors and sub -tier contractors in the Project. (4) The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false -work, temporary buildings, transit, debris removal including demolition, increased cost of construction, architect's fees and expenses, flood (including water damage), earthquake, and if applicable, all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation, backfilling, filling, and grading. Flood damage coverage is not required for work within the floodway or 100 -year floodplain. Regardless, Contractor shall bear all risk associated with any and all loss resulting from flood events during construction. (5) The Builders' Risk shall include a Beneficial Occupancy Clause. The policy shall specifically permit occupancy of the building during construction. County Contractor shall take reasonable steps to obtain consent of the insurance company and delete any provisions with regard to restrictions within any Occupancy Clauses within the Builder's Risk Policy. The Builder's Risk Policy shall remain in force until acceptance of the project by the County. (6) Equipment Breakdown Coverage (a.k.a. Boiler & Machinery) shall be included as required by the Contract Documents or by law, which shall specifically cover insured equipment during installation and testing (including cold and hot testing). (7) The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor for all covered perils within the required policy. For all general liability, excess/umbrella liability, and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. b. Proof of Insurance: Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. Contractor shall provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured. c. Subcontractor Insurance: Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above described insurance prior to the commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. d. No limitation of Liability: The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall Page 10 of 78 assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. e. Certification of Compliance with Insurance Requirements. 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 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. 11. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement 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, judicial decision, or other 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. 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. Page 11 of 78 BID PROPOSAL To: Weld County Purchasing Department Attention: Controller/Purchasing Director P.O. Box 758, 1150 "O" Street Greeley, Colorado 80632 Bid Proposal for: HUNT PROPERTY DEMOLITION PROJECT PROPOSAL 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 himself 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 Certificates of Insurance. TIME OF COMPLETION The Bidder agrees to make his 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. EXECUTION OF DOCUMENTS The Bidder understands that if this Bid Proposal is accepted, the Bidder must execute the required Agreement and furnish the required 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 to complete the Work as specified regardless of the amount of the Bid. 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. Page 12 of 78 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. All bids shall be received by 10:00 a.m. (Purchasing Clock) on the due date. Page 13 of 78 SPECIFICATIONS: This bid is for the demolition of the Hunt property located at 19999 County Road 66, Greeley, CO. This is a turn -key demolition project to remove the house, shop, foundations, septic system and leach field, asphalt and concrete pads, trees and vegetation, and other miscellaneous landscaping materials to facilitate the new reconstruction of the CR 66 and CR 41 intersection. Demolition will include the following: 1. Demolition and removal of buildings, structures and foundations. 2. Demolition and removal of adjacent site improvements including but not limited to landscaping walls, landscaping materials, concrete pads, asphalt pads, cleanup of miscellaneous debris, etc. 3. Demolition materials are to be removed from site and disposed of in accordance with applicable directives. 4. Trees and shrubs are to be removed. 5. Removal of below -grade construction and utilities. 6. Contractor shall coordinate with utility companies to disconnect and remove service connections. 7. Fees for permits through Weld County will be waived. 8. Disconnect, seal and cap the utilities in accordance will local codes. 9. Removal of septic system and leach field from service is required. Septic tank shall be completely removed from the property. Leach field shall be removed and backfilled with clean fill in accordance with the attached specifications. Inspection/certification by Weld County Public Health is required. 10. Storage or sale of removed items or materials on -site is not permitted 11. Work will comply with all applicable Federal, State and local laws, ordnances and regulatory requirements. 12. All hazardous materials (to include refrigerant) must properly be removed, evacuated, and disposed of by contractor during demolition process. 13. Refrigerant shall be removed, stored and disposed of in accordance with regulations. 14. Locate, identify, disconnect and seal/cap off utilities serving the buildings to be demolished. 15. The remaining holes in the site pad shall be backfilled with clean fill acceptable to Weld County. The level of the finished ground is to be level with pre -demolition grades. Backfilled holes shall be backfilled in accordance with the attached specification. The Contractor shall provide compaction testing results showing the backfilled holes were compacted in accordance with the specifications. 16. The buildings have been tested for Asbestos Containing Materials and no asbestos has been discovered. See attached report. 17. Conduct building demolition and debris removal operations to ensure minimum interference with roads, streets, walkways, and adjacent occupied facilities. 18. Following completion of the demolition items, the Contractor shall stabilize the site by mechanically crimping 1.5 tons of weed free straw per acre into the site. 19. Contractor is expected to enter in to a contract (sample attached). 20. No weekend work is allowed without written consent of the County's project manager. 21. Anticipated project start date is September 8, 2021. 22. Anticipated project completion date is October 22, 2021. PRICING: TOTAL: $ FACILITY NAME AND LOCATION WHERE WASTE MATERIALS WILL BE DISPOSED: RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Page 14 of 78 Addendum No. Date: By: Addendum No. Date: By: Contractor agrees to perform all Work described in the Contract Documents for the pricing as shown above. Progress payments shall be based on a percentage of the Lump Sum price shown in the pricing above which has been completed. The undersigned, by his/her signature, hereby acknowledges and represents that: 1. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 2. Performance of each and every portion of the Work is included as part of the Contractor's Price. All designs, equipment, materials, labor, insurance and bond premiums, offices, other overhead, profit and services relating to the Contractor's performance of its obligations under the Contract Documents (including all Work, Warranties, equipment, materials, labor, and services provided by subcontractor and intellectual property rights necessary to perform the Work) are included as part of the Contractor's Price. All costs of compliance with and maintenance of the Governmental Approvals and compliance with legal requirements are included as part of the Contractor's Price. The cost of obtaining all Governmental Approvals (except for approvals which are the responsibility of the County, as specifically provided elsewhere in the Contract Documents) is included as part of the Contractor's Price. All fines, penalties, and damage payments to others as Contractor is obligated to pay herein are include as part of the Contractor's Price. 3. Payment of any taxes, duties, permit fees, and other fees and/or royalties imposed with respect to the Work and any equipment, materials, labor, or services included therein are included a part of the Contractor's Price. 4. The Contractor's Price proposed herein meets all the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B2100112. 5. The signatory is authorized to bind the below -named contractor for the amount shown on the accompanying bid tabulation. 6. 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), 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. 7. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM: BY: (Please print) BUSINESS ADDRESS: DATE: CITY, STATE, ZIP CODE: TELEPHONE NO.: FAX: TAX ID #: PRINTED NAME AND TITLE: SIGNATURE: E-MAIL: **All bidders shall provide a W-9 with the submission of their bid. Failure to submit a W-9 shall result in the bid not being accepted.** You do not need to send back pages 1 through 13. Weld County is exempt from Colorado sales taxes. The certificate of exemption number is #98-03551- 0000. Page 15 of 78 *BID BOND PROJECT: HUNT PROPERTY DEMOLITION PROJECT KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, hereinafter called the Principal, a [corporation, partnership, or individual] duly authorized by law to do business in the State of Colorado, and [Surety Company Name], a corporation duly authorized to do surety business under the laws of the State of Colorado as Surety, hereinafter called the Surety, are hereby held and firmly bound unto Weld County, Colorado as Obligee 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. WHEREAS, the Principal has submitted a Bid dated , 2021 for the HUNT PROPERTY DEMOLITION PROJECT, and if selected as the Contractor on this Project, the Principal and Surety are firmly bound and jointly and severally liable to the Owner in the penal sum described above. 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. The above obligation is void if the Principal enters into the Contract within sixty (60) days of selection of the Principal, negotiates any final terms and conditions in good faith, and has furnished all required documents for issuance of the Notice to Proceed, unless time is extended by Weld County. 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: Witness: Signature: Printed Name: Title: ATTEST: By: Surety Witness: Signature: Printed Name: Title: ATTEST: By: Page 16 of 78 Form W-9 (Rev. August 2013) f>epatnent 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 box for federal tax classification: ❑ Individual/sole proprietor ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ❑ Other (see instructions) ► Trust/estate D. Exemptions Exempt payee Exemption code (if any) (see instructions): code (if any) from FATCA reporting Address (number, street, and aptor suite no.) Requester's name end address (optionat) 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 panty 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 (if 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) Page 17 of 78 **NOTICE OF AWARD To: Project Description: HUNT PROPERTY DEMOLITION PROJECT The project in general consists of a turn -key demolition project to remove the house, shop, foundations, septic system and leach field, asphalt and concrete pads, trees and vegetation, and other landscaping materials to facilitate the new reconstruction of the CR 66 and CR 41 intersection. 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 one original of the Agreement and furnish the required Certificates of Insurance within five (5) calendar days from the date of this Notice to you. If you fail to execute said Agreement within five (5) 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: Clay Kimmi, P.E., Senior Engineer ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this day of 2021 By: Title: Page 18 of 78 AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & HUNT PROPERTY DEMOLITION PROJECT THIS AGREEMENT is made and entered into this day of , 2021, by and between the Board of Weld County Commissioners, on behalf of the Department of Public Works, hereinafter referred to as "County," and , hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform construction services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing to perform and has the specific ability, qualifications, and time to perform the required construction services to provide the services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B2100112". Exhibit B consists of Contractor's Response to County's Request for Bid. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall faithfully perform the Work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. Page 19 of 78 4. Trrn nation; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked DRAFT -INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Mtdification. 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, ro 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 authoriz.tion and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contra actor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement. 6. Cornpensatit•»/Con tract Am.unt. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay an amount not to exceed $ , as set forth in Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in Page 20 of 78 compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential information of Contractor should be transmitted separately from non - confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL. However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a warranty period during which Contractor must correct any failures or deficiencies caused by Contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project, and shall continue for one year, or such greater time as specified in the attached Exhibits. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action Page 21 of 78 or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. a. Types of Insurance: Workers' Compensation/Employer's Liability Insurance as required by state statute, covering all the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance including public liability and property damage covering all operations required by the Work. Such policy shall include minimum limits 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 per person. Medical operations coverage shall be provided for a minimum period of one (1) year following final acceptance. Automobile Liability: Contractor 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. Umbrella or Excess Liability Insurance: Contractor shall maintain limits of $1,000,000 and shall become primary in the event the primary liability policy limits are impaired or exhausted. The policy shall be written on an Occurrence form and shall be following form of the primary. Pollution Liability. Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions that may arise from the operations of the Contractor described in the Exhibits. The policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. Minimum Limits: Per Loss $ Aggregate $ 1,000,000 1,000,000 Builders' Risk Insurance or Installation Floater — Completed Value Basis: Unless otherwise provided in the attached Exhibits, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in Colorado, Builders' Risk Insurance in the amount Page 22 of 78 of the initial contract amount as described in the attached Exhibits, plus the value of subsequent modifications, change orders, and cost of material supplied or installed by others, comprising total value of the entire Project at the site on a replacement cost basis without optional deductibles. (1) The policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site. (2) Such Builders' Risk Insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the County 's has insurable interest in the property to be covered, whichever is later. (3) The Builders' Risk insurance shall include interests of the County and if applicable, affiliated or associate entities, the General Contractor, subcontractors and sub -tier contractors in the Project. (4) The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false -work, temporary buildings, transit, debris removal including demolition, increased cost of construction, architect's fees and expenses, flood (including water damage), earthquake, and if applicable, all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation, backfilling, filling, and grading. Flood damage coverage is not required for work within the floodway or 100 -year floodplain. Regardless, Contractor shall bear all risk associated with any and all loss resulting from flood events during construction. (5) The Builders' Risk shall include a Beneficial Occupancy Clause. The policy shall specifically permit occupancy of the building during construction. County Contractor shall take reasonable steps to obtain consent of the insurance company and delete any provisions with regard to restrictions within any Occupancy Clauses within the Builder's Risk Policy. The Builder's Risk Policy shall remain in force until acceptance of the project by the County. (6) Equipment Breakdown Coverage (a.k.a. Boiler & Machinery) shall be included as required by the Contract Documents or by law, which shall specifically cover insured equipment during installation and testing (including cold and hot testing). (7) The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor for all covered perils within the required policy. For all general liability, excess/umbrella liability, and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. b. Proof of Insurance: Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. Contractor shall provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured. c. Subcontractor Insurance: Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above described insurance prior to the commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. Page 23 of 78 d. No limitation of Liability: The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. e. Certification of Compliance with Insurance Requirements. 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 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. 14. indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work cone in fulfillment of the terms of this Agreement 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, judicial decision, or other 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. 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. 15.-konassignment. 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. �. 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 Contractcr, 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. 17. enterruptoons. 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. 18. 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 irterpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other Page 24 of 78 communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice shall be sent to: Contractor: Name: Position: Address: Address: E-mail: Phone: County: Weld County Public Works Name: Clay Kimmi, P.E. Position: Senior Engineer Address: P.O. Box 758 Address: 1111 H Street, Greeley, CO. 80632-758 E-mail: ckimmi@weldgov.com Phone: 970-400-3741 19. 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. 20. 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. 21. Entir- 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. 22. Fund Avail .bifity. 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. 23. Empl yee Financial Interest/Conflict of Interest — C.R.S. H24-18-2011 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. 24. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including without limitation, the warranties, indemnification obligations, confidentiality, and record keeping) shall survive any such expiration or termination. Page 25 of 78 25. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or u nenforceable 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. 26. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 27. No Third -Party :eneficiary. 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 includ ,d in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits u nder this Agreement shall be an incidental beneficiary only. 28. rd of County Commissioners .f wild 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. 29. Choice of Law/Jurisdiction. Colorado law, nd rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision includes 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. 30. Public Contriicts for Services C.R.S. §8-1705-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. 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.'.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 u ndertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement 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 hs 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 u nder 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 the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.B. §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. Page 26 of 78 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. 31. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000 annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract. "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state - issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion. [This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law. In accordance with C.R.S. §8-17-107 and 2 C.F.R. §200.319(c), this section shall not apply if the Work is funded wholly or in part with federal funds.] 32. 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. 33. 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. 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 bids or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: By: Name: Title: WELD COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO Date of Signature BY: Deputy Clerk to the Board Steve Moreno, Chair Page 27 of 78 NOTICE TO PROCEED To: Date: PROJECT: HUNT PROPERTY DEMOLITION PROJECT described in the Invitation for Bids, Bid No. B2100112. You are hereby notified to commence Work in accordance with the Agreement dated . The date of completion of all Work is, therefore Clay Kimmi, P.E., Senior Engineer Weld County, Colorado, Owner ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: (Contractor) Dated this day of , 2021. By Title Page 28 of 78 CHANGE ORDER NO. (EXAMPLE) Date: PROJECT: HUNT PROPERTY DEMOLITION PROJECT described in the Invitation for Bids, Bid No. B2100112 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: Clay Kimmi, P.E. (Senior Engineer) APPROVALS: CONTRACTOR: Name: Date: Title: WELD COUNTY: ATTEST: Weld County Clerk to the Board BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Chairperson Page 29 of 78 CERTIFICATE OF SUBSTANTIAL COMPLETION Contractor: Contract For: HUNT PROPERTY DEMOLITION PROJECT described in the Invitation for Bids, Bid No. B2100112. Contract Dated: This Certificate of Substantial Completion applies to all Work that has been sufficiently completed in accordance with the Contract Documents and as modified by any change orders agreed to by the parties, so that the County and/or Owner can utilize the project for the use for which it was intended, except for the following specified parts thereof: The Work to which this Certificate applies has been inspected by authorized representatives of the Owner, Contractor and Engineer, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on Date of Substantial Completion A list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of the Contractor to complete all the Work in accordance with the Contract Documents. The items in the list shall be completed or corrected by the Contractor within days of the above date of Substantial Completion. To be effective, this form must be signed by the Owner, the Engineer, and the Contractor. Owner: Date: Engineer: Date: Contractor: Date: Page 30 of 78 LIEN WAIVER (GENERAL CONTRACTOR) TO: Weld County Public Works Attn: Clay Kimmi, P.E., Senior Engineer P.O. Box 758 Greeley, Colorado 80632 Gentlemen: For a valuable consideration paid by the Board of County Commissioners of Weld County, the receipt and sufficiency of which is hereby acknowledged, the undersigned hereby, releases unto Weld County and to its heirs, executors, administrators or assigns, all rights of the undersigned to claim a mechanic's lien for material heretofore furnished for use in and for labor heretofore performed upon the construction, alteration, addition to or repair of the structures or improvements described in the Contract Documents as: PROJECT: HUNT PROPERTY DEMOLITION PROJECT described in the Invitation for Bids, Bid No. B2100112. Contractor: (If no legal description is shown following the description of Project, we acknowledge that the foregoing is an adequate description of the real properties and improvements inasmuch as the foregoing is the description given in the Contract Documents which govern the performance of the Work for which consideration has been received.) In executing this release, we certify that all claims for labor, or materials, or both, furnished or performed on our behalf by our material suppliers or subcontractors have been paid or that satisfactory arrangement for payment has been made. We agree to defend Weld County from any and all claims on the part of our material suppliers, laborers, employees, servants and agents or subcontractors arising from our Work on the Project, and we further agree to reimburse the Board of County Commissioners of Weld County for any and all costs, including reasonable attorney fees, which they may incur as a result of such claims. Contractor By: Title: Date: STATE OF ) ss. COUNTY OF The foregoing instrument was acknowledged before me this by My commission expires: Notary Public day of , 2021, Page 31 of 78 LIEN WAIVER (SUBCONTRACTORS) PROJECT: HUNT PROPERTY DEMOLITION PROJECT To All Whom It May Concern: WHEREAS, the undersigned has been employed by (A) to furnish labor and materials for (B) work, under a contract (C) for the improvement of the premises described as (D) County of , State of of which is the Owner. NOW, THEREFORE, this day of , 2021, for and in consideration of the sum of (E) Dollars paid simultaneously herewith, the receipt whereof is hereby acknowledged by the undersigned, the undersigned does hereby waive and release any lien rights to, or claim of lien with respect to and on said above described premises, and the improvements thereon, and on the monies or other considerations due or to become due from the Owner, on account of labor, services, material, fixtures, apparatus or machinery heretofore or which may hereafter be furnished by the undersigned to or for the above described premises by virtue of said contract. (F) (SEAL) (Name of sole ownership, corporation or partnership) (Affix Corporate seal here) (SEAL) (Signature of Authorized Representative) Title: INSTRUCTIONS FOR FINAL WAIVER (A) Person or firm with whom you agreed to furnish either labor, or services, or materials, or both. (B) Fill in nature and extent of work; strike the word labor or the word materials if not in your contract. (C) If you have more than one contract on the same premises, describe the contract by number if available, date and extent of work. (D) Furnish an accurate enough description of the improvement and location of the premises so that it can be distinguished from any other property. (E) Amount shown should be the amount actually received and equal to total amount of contract as adjusted. (F) If waiver is for a corporation, corporate name should be used, corporate seal affixed and title of officer signing waiver should be set forth; if waiver is for a partnership, the partnership name should be used, partner should sign and designate himself as partner. Page 32 of 78 NOTICE OF FINAL ACCEPTANCE TO: Date: RE: PROJECT: HUNT PROPERTY DEMOLITION PROJECT described in Bid No. B2100112. This is to inform you that the above referenced job, has been satisfactorily completed in accordance with the Contract Documents and is hereby accepted. Final payment will be made on or about Final acceptance does not relieve the Contractor of the minimum one (1) year guarantee on all work and materials incorporated into this Project. Such guarantee shall begin on the date of this acceptance. By: Clay Kimmi, P.E., Senior Engineer Weld County, Colorado, Owner ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: Dated this day of By (Contractor) Title 2021. Page 33 of 78 WELD COUNTY SPECIFICATIONS INDEX Pages Notice to Bidders 35 Commencement and Completion of Work 36 Utilities Coordination 37 Backfill 38-39 Mulching 40 Page 34 of 78 1 WELD COUNTY NOTICE TO BIDDERS The bid guaranty shall be a certified check, cashier's check, or bid bond in the amount of 5 percent of the Contractor's total bid. It is recommended that bidders on this project review the work site and plan details with an authorized Department representative. Prospective bidders shall contact one of the following listed authorized Department representatives at least 24 hours in advance of the time they wish to go over the project. Information regarding the project may be obtained from the following authorized representatives. Clay Kimmi, P.E. Senior Engineer Weld County Public Works Department 1111 H Street Greeley, CO 80632 Office Phone: 970-400-3741 ckimmiameldgov.com Don Dunker, P.E. County Engineer Weld County Public Works Department 1111 H Street Greeley, CO 80632 Office Phone: 970-400-3749 ddunker@weldgov.com 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. A mandatory pre -bid meeting will be held on July 28. 2021 beginning at 9:00 a.m. at 19999 CR 66, Greeley, Colorado. Bids will be accepted only from pre -qualified bidders who attend the mandatory pre -bid conference. Questions received from bidders along with Weld County responses will be posted on the BidNet Direct website as they become available. If the bidder has a question or requests clarification that involves the bidder's innovative or proprietary means and methods, phasing, scheduling, or other aspects of construction of the project, the Project Engineer will address the question or clarification. The Engineer will keep the bidder's innovation confidential and will not share this information with other bidders. The Engineer will determine whether questions are innovative or proprietary in nature. If the Engineer determines that a question does not warrant confidentiality, the bidder may withdraw the question. If the bidder withdraws the question, the Engineer will not answer the question and the question will not be documented on the website. If the bidder does not withdraw the question, the question will be answered, and both the question and answer will be posted on the website. If the Engineer agrees that a question warrants confidentiality, the Engineer will answer the question, and keep both question and answer confidential. Weld County will keep a record of both question and answer in their confidential file. All questions shall be directed to the contacts listed above no later than 7:00 A.M. Monday of the week of bid opening. Final questions and answers will be posted no later than 5:00 P.M. Tuesday of the week of bid opening. END OF SECTION Page 35 of 78 1 WELD COUNTY COMMENCEMENT AND COMPLETION OF WORK The Contractor shall commence work under the Contract as required in the "Notice to Proceed" letter and will complete all work by October 29, 2021 unless the period for completion is extended otherwise by the County. The work is a completion date contract. One calendar day of contract time will be assessed for each calendar day from the date that Contract time starts excluding Saturdays, Sundays, and holidays (except with written approval). No weather days or less than full time charges days will be granted in this contract. END OF SECTION Page 36 of 78 1 UTILITIES COORDINATION The work described in these plans and specifications requires coordination between the Contractor and the utility companies in conducting their respective operations as necessary to complete the utility work with minimum delay to the project. 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. Known utilities within the limits of this project are: UTILITY Xcel Energy Century Link Atmos Gas North Weld County Water District CONTACT Builder's Call Line Jody Meyers Customer Service Jared Rauch PHONE 800-628-2121 303-847-3731 888-286-6700 970-356-3020 EMAIL BCLCOc xcelenergv.com jodv.meversalumen.com jaredr@nwcwd.org The Contractor shall verify the location of all utilities, underground pipelines, agricultural irrigation lines, etc. prior to the start of any digging using non-destructive methods to verify utility clearances. All costs are 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 Page 37 of 78 1 BACKFILL 01 Description. This work consists of excavation, hauling, disposal, placement, and compaction of all material encountered within the limits of the work, including backfilling of the septic tank hole, leach field hole, basement hole, and any other holes left as a result of the demolition work. 02 Backfill Material. Backfill material shall consist of approved material acquired from excavations or borrow pits and hauled and placed in the holes to be backfilled. Approval of backfill material is contingent on the material meeting the gradation specifications required for the backfilled holes to meet 95% compaction and to be stable. Backfill material shall be classified into one of the material groups listed below and placed and compacted in accordance with the appropriate methods specified below in the Backfill Placement and Compaction Requirements. If any material does not meet the criteria for one of the following classifications, it shall be processed on site to meet the requirements for one of the material groups listed below or disposed of at the Contractor's expense. (1) Soil Backfill: Soil backfill shall have all particle sizes less than 6 inches. The material shall be placed and compacted in accordance with the Backfill Placement and Compaction Requirements outlined below. (2) Rock Fill: Rock fill shall meet all of the following requirements: (i) The maximum dimension of any particle shall not exceed 24 inches. (ii) The material shall be well -graded as determined on visual inspection. (iii) The material shall contain less than 20 percent by volume of material passing the No. 200 sieve based on visual inspection. (iv) Rock fill can be placed without moisture density control as described below in the Backfill Placement and Compaction Requirements. (v) Non -durable bedrock particles in excess of 6 inches shall not be placed into embankment fill. (vi) If recycled concrete or asphalt are to be incorporated into embankment fill, the maximum dimension permitted for concrete is 24 inches and the maximum dimension permitted for asphalt is 12 inches. 03 General Backfill Construction Requirements. The Contractor shall notify the Engineer at least five work days prior to beginning backfill operations. The Contractor shall use extreme caution during this work. All damage to existing utility lines or adjacent facilities shall be repaired promptly at the Contractor's expense. When Contractor Process Control is required, the Contractor's Process Control Representative shall be certified with Western Alliance for Quality Transportation Construction (WAQTC) Embankment and Base Testing and CDOT's Excavation, Embankment, and Soil Inspection certification course. Backfill construction shall include preparation of the areas upon which backfill is to be placed and placing and compacting approved material within the holes, pits, and other depressions within the project area. Only approved materials shall be used in the construction of the backfill. All sod, vegetable and other organic matter, stumps, and roots shall be removed from the surface upon which the backfill is to be placed. Backfill shall not be placed within standing water. During the construction of the backfill, the top surface shall be maintained so that it is well drained at all times. Frozen materials shall not be used in the backfill. Frozen material will be identified by the visual observation of ice crystals within the foundation or backfill material, or by measuring the temperature of the ground surface. 04 Backfill Placement and Compaction Requirements. Materials incorporated into the backfill shall be placed and compacted according to the following requirements: (a) Soil Backfill. All soil backfill shall be placed in horizontal layers not to exceed 8 inches in loose lift thickness. Each layer shall be compacted prior to the placement of subsequent layers. Spreading equipment shall be used to obtain uniform thickness prior to compaction. As the compaction progresses, continuous mixing, leveling, and manipulating shall be done to assure uniform moisture and density. Page 38 of 78 2 BACKFILL (b) Additional work involved in drying soil backfill to the required moisture content shall be included in the contract price paid for excavating or furnishing the material with no additional compensation. Soil backfill materials shall be compacted at ± 2 percent of Optimum Moisture Content (OMC) and to at least 95 percent of maximum dry density. All other soil types shall be compacted to 95 percent of the maximum dry density. Stability is defined as the absence of rutting or pumping as observed and documented by the Contractor's Process Control Representative and as approved by the Engineer. If the soils cannot be compacted and prove to be unstable at a moisture content equal to or above OMC, then the required moisture content for compaction may be reduced below OMC if approved by the Engineer. Placement, moisture conditioning, and compaction of every lift of soil backfill shall be observed by the Contractor's Process Control Representative and accepted by the Engineer. Adequate compaction of each lift shall be demonstrated as the absence of rutting, pumping, or deflection as construction equipment is routed over a lift following the compactive efforts. The Engineer may request a proof roll at any time to document the condition of a lift. Significant changes in the material being hauled for soil backfill will require a demonstration of adequate compaction methods using a proof roll. (c) Rock Backfill. Rock backfill shall be placed in horizontal layers not to exceed a loose lift thickness equivalent to the average particle size up to a maximum permitted lift thickness of 18 inches. Particles with a maximum dimension of 24 inches are permitted; however, rocks larger than the lift thickness shall be separated enough to allow compaction equipment to operate in between. Material shall be placed to fill in voids between larger stones with finer particle sizes and to avoid nesting. Spreading equipment shall be used to obtain uniform thickness prior to compaction. If the use of leveling equipment is not practical, the Engineer may permit rock backfill material to be cast or end dumped. In such cases sufficient hand or machine work will be required to construct a compact, stable fill and to finish the slopes to a neat and smooth appearance. Rock backfill shall not be placed within 2 feet of the final subgrade elevation. The Contractor shall determine the moisture conditioning necessary to achieve compaction for rock backfill. Vibratory or compression -type rollers shall be used to compact these materials. At a minimum, compression -type rollers weighing 20 tons shall complete 4 passes over the entire width of a lift at a speed not to exceed 3 miles per hour. Vibratory rollers shall exert a minimum dynamic force of 30,000 pounds of impact per vibration and achieve a minimum 1,000 vibrations per minute. Vibratory rollers shall complete a minimum of 4 passes over the entire width of a lift at a speed not to exceed 1.5 miles per hour. (d) Use of Recycled Concrete and Asphalt. Recycled concrete and asphalt may be incorporated into backfill material, and shall be processed, placed, and compacted in accordance with processes listed above. Recycled concrete or asphalt shall not be placed in the upper 2 feet of the final subgrade elevation or within 2 feet of the final finished side slopes. Recycled concrete with rebar in it cannot be used in the backfill. 08 Basis of Payment for Backfill. The backfill will not be measured and paid for separately but shall be considered incidental to the demolition of the structures. Page 39 of 78 1 MULCHING 01 Description. This work consists of mulching the work area with weed free straw and a mechanical crimper at a rate of 1.5 tons per acre. 02 Materials. Materials shall conform to the following requirements. (a) Mulching. Materials for mulching shall consist of Certified Weed Free field straw of oats, barley, wheat, rye or triticale 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 mulch bale shall be identified by one of the following: (1) One of the ties binding the bale shall consist of blue and orange twine, or (2) The bale shall have a regional Forage Certification Program tag indicating the Regional Forage Certification Program Number. Mulch shall be inspected for and Regionally Certified as weed free based on the Regionally Designated Noxious Weed and Undesirable Plant List for Colorado, Wyoming, Montana, Nebraska, Utah, Idaho, Kansas and South Dakota. The Contractor shall not unload certified weed free mulch bales or remove their identifying twine, wire, or tags until the Engineer has inspected and accepted them. The Contractor shall provide a transit certificate that has been filled out and signed by the grower and by the Department of Agriculture inspector. 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, Division of Plant Industry. Straw in a stage of decomposition (discolored, brittle, rotten, or moldy) or old, dry mulch which breaks in the crimping process will not be accepted. 03 Construction Requirements for Straw Mulching. Straw shall be uniformly applied, with no bare soil showing, at the rate of 1.5 tons per acre. It shall be crimped in with a crimper or other approved equipment. 04 Basis of Payment for Straw Mulching. Straw Mulching will not be measured and paid for separately but shall be considered incidental to the demolition of the structures. Page 40 of 78 APPENDIX A SEPTIC PERMIT Page 41 of 78 Scanning Cover Sheet for Septic Permits Permit # Permit Type: Situs Street Address Situs City, State, Zip G19820114 Health / EHS History / EHS Conversion History 19999 CR 66 Sec/Town/Range: 20 -06N -65W Parcel # (12 digits) 080320000046-R0051187 Owner Full Name: BOHLENDER LARRY & KAREN Owner Address: 671 N. 1ST. AVE. GREELEY,CO 80631 Contact Name: Contact Address: Application Status: Fina/ed Application Date: 03/11/1996 Owner Phone #: 303 3533612 Contact Phone# information above has been Verified in Accela by employee noted below X January 14, 2009 Processed by: Date Report ID: EHS00024v003 Page 1 of 1 Print Date -Time: 1/14/2009 10:58:08AM Page 42 of 78 -APPLICATInN FOR INDIVIDUAL SEWAGE DISPOSAL SYSTEM WELD COUNTY HEALTH DEPARTMENT ENVIRONMENTAL HEALTH SERVICES 1318 Hospital Road, Greeley, CO 80031 j v H i Le,441363.0040 EXT. 270 J OWNER�A(IF'/ / k e4 3 ADDRESS -� 72 / Ajo. F, c ADDRESS OF PROPOSED SYSTEM / c16199 ►4/ c 44 LEGAL DESCRIPTION OF SITE: PT SF %a 3 S� �y PO , T i, Al , R hr (Al SUBDIVISION_.._. LOT , BLOCK , FILING_ USE TYPE: RESIDENTIAL INSTITUTION • COMMERCIAL OTHER SERVICES: PERSONS + BATHROOMS Z LOT SIZE 70 r4 -c v0 BEDROOMS "7 BASEMENT PLUMBING__ All) WATER SUPPLY ll/nr dam, Ul TYPE OF SEWAGE DISPOSAL REQUESTED: .cr*t, 7' r9,ik cl- e,cZ A.0/0 0/0 Applicant acknowledges that the completeness of this application is conditional upon further mandatory and additional tests and reports as may be required by the Weld County Health Department to be made and furnished by the applicant or by the Weld County Health Department for purposes of the evaluation of the application; and the issuance of the permit is subject to such terms and conditions as deemed necessary to Insure compliance with rules and regulations adopted under Article 10, Title 25, CRS 1973, as amended. The applicant certifies that the proposed system will not be located within 400 feet of a com- munity sewage system. The undersigned hereby certifies that all statements made, Information and reports submitted here- with and required to be submitted by the applicant are, or will be, represented to be true and correct to the best of my knowl- edge and belief, and are designed to be relied on by the Weld County Health Department In evaluating the same for purposes of issuing the permit applied for herein. I further understand that any falsification or misrepresentation may result in the denial of the applicationg!: revocation of any permit granted based upon said application and in legal action for perjury as provided by law. Application fee"/ ( Rec'd by 1a%P5 ��I`I e ' Date g" -T4- i /J * * * * * * * * * * * * * * * * * * * * * * * * * * * * * FOR DEPT. USE ONLY No, New A Repair BP PHONE 3 C3-34. / - O‘vner/Agent Signature Date PERCOLATION RATE . "c1 _ k.,151th _ SOIL TYPE ci. c c/ax /oan� i-o nysid s)/L1 clay REQUIRES ENGINEER DESIGN ( ) YES LA' No WATER TABLE DEPTH' -19, SeevoNaI PERCENT GROUND SLOPE ^• 0 /o ' * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * INDIVIDUAL SEWAGE DISPOSAL SYSTEM PERMIT From the application information supplied and the on -site soil percolation data, the following minimum installation specifi- cations are required: n SEPTIC TANK 1000 GALLONS, ABSORPTION TRENCH 400 SO. FT. or ABSORPTION BED -..6-20 SQ. FT. fp In addition, this Permit is subject to the following additional terms and conditions: a 16so p7 & f Wd 4 'i h = 3 a — rec, Vi. o ct is±Pilyj. je�? P3 This Permit is granted temporarily to allow construction to commence. This Permit may be revoked or suspended by the.Weid County Health Department for reasons set forth In the Weld County individual Sewage Disposal System Regulations, including failure to meet any term or condition imposed thereon during temporary or final approval. The issuance of this Permit does not constitute assumption by the Department or Its employees of ff bliity for th11iallure or nadlequacy of the sewage disposal system. -l- R. v aq L.,4 .1-2•97 /0 -1? -92. Environmental Specialist Date i-eia- ;- This Permit is not transferrable and shall become void if system construction has not commenced within one year of its issuance. Before issuing final approval of this Permit the Weld County Health Department reserves the right to impose additional terms and conditions required to meet our regulations on a continuing basis. Final Permit approval is contingent upon the final in- spection of the completed system by the Weld County Health Department. l,. a SYSTEM CONTRACTOR _ FINAL INSPEC SYSTEM ENGINEER APPROVAL ' '.dl .V' cit Envlron,Yiental Spec19j./11st The Issuance of this Permit does not imply compliance with other state, county or local regulatory or building requirements, nor shall It act to certify that the subject system will operate In compliance with applicable state, county and local regulations adopted pursuant to Article 10, Title 25, CRS 1973, as amended except for the purposes of establishing final approval of an installed system for I5,suance of a local occupancy permitliAkstiefefo CRS 1973 25.10.111 (2). Original -Applicant; Cody-WCHD WCHD—EHS February, 1981 -2.9 - 2 Date Page 44 of 78 Fermil- m1Nc °' 14-8Z Site- EVaIuafioid , Lod size; 70 acres Larr,L.i karevC.. Bo)lleivtier 19999 WCR 66 C4Neeley cE//Z c sEiq, Szo, T W, p6s-vv PcrcolalioN Test DaT"a /0- /9- Z 1y gtv- Z47 Halt $ Hole Depth c1:4O H2O ReMa i io:io 30 ram. Jo: ZS /S miw. 10:40 /S midm, 10: 5-6- IS n i N. ' 10:10 /s 7niN. 11;25- 1S— ?niN. 11;40 :_ /5 mill. Ailtiv tn►e. > .�) 4634-22 Ye 30'/4-263,0. 313/4 -30Y4: 8D'/Z 325/8 -313/4 a O4$, 34 -321/8= 3q- 34 6%g ;Ph- 11/Z 7/8 In /3/s 10.9 Z 3E3 O 30Y4_ZZYJ303 -2.434 2474-Z4yg:291/8-283/4 "W /14' $o/eslumped 3114 -297/1= MI_ 3Z%4-3)'/4 = 8 %4 ><' 1 !8 14/8 1•-----) J 5, 0 3 35 251/4 -19= 2:%g- 3S'14 Z93g -27yg, '/ 'L9'/z-Z8n's= 3034-Z9vz= '$ 3Z -301/4. Z. O 6% /-� g �4 ) t/g ( ►/� 1 YL 4 )1/O retai 37.9 Avg. /26. 0 0 B! dg• Excu atiow wCR66 n �IAA,4sm�,. -res 0- )4 / e(' y/ s1/, roy s l 14-2$ xid r144 s/ s d?, day lei, -25-% very FaLvt 11; y1/. s46 a,01, ladry sl"rvc/-u1e 28-34- mFd y/ 6p.s1 ram y day Donn Sed, w►,g, blocky st�ucf . 34- Jo`I med yi vi; pied s di/ Page 45 of 78 APPENDIX B ASBESTOS TESTING REPORT Page 46 of 78 n $n al 1540 Main St Suite 218 Windsor, sor, CO 8osso 970.222.6849 banyanenv@gmailcom Asbestos Inspection and Sampling Report 19999 County Road 66 Greeley, CO Presented To: Weld County Public Works 1111 H St PO Box 758 Greeley, CO 80632-0758 Performed & Prepared Bye Andy Dunnell Banyan Environmental 1540 Main St. Suite 218 Windsor, CO 80550 970.222.6849 Project Details: Project Number: BD3933 Conducted: June 23, 2021 Page 47 of 78 TABLE 0 (l!/ N P .7'` S PROJECT OVERVIEW 1.0 Introduction 2.0 Scope of Work 3M Site Description 4.0 Certifications 5.0 Inspection, Sampling & Analytical Procedures 5i Inspection Procedures 5.2 Sampling Procedures 5.3 Analytical Procedures 6.0 Homogeneous Areas 6.1 Material Friability 6.2 Material Classifications 6.3 Material Conditions 6.4 Sample Quantities 7.0 Overview of Findings 8.0 Findings & Recommendations 9.0 Asbestos Abatement & Demolition Requirements 10.0 Disclaimer & Limitations Page 48 of 78 PRO ECT OVER R VIEW 1.0 Introduction On June 23, 2021, Andy Dunnell with Banyan Environmental conducted a full asbestos inspection and collected asbestos bulk -samples of suspect asbestos -containing materials (ACM) within the single-family residence located at 19999 County Road 66 Greeley, Colorado. The purpose of the full inspection was to identify and sample potentially hazardous friable and non -friable ACM that may be impacted by subsequent demolition activities. 2.0 Scope of Work The scope of the full inspection and bulk -sampling was not limited to specific areas of the residence defined by the construction company. These areas included the bedrooms, living room, dining room, kitchen, laundry area, bathrooms, and exterior (all accessible areas). The yellow detached garage/shop was also included in the inspection. The full asbestos inspection did constitute a full building inspection and does fulfill the asbestos inspection requirements for structures that are to be demolished. 3.0 Site Description The residence is a wood -framed, manufactured single-family residence with a detached garage/shop. 4.0 Certifications The full asbestos inspection and bulk -sampling was conducted by Andy Dunnell with Banyan Environmental is a Colorado Department of Public Health and Environment (CDPHE) certified Asbestos Consulting Firm, Registration No. 16780. Mr. Dunnell is a CDPHE certified Building Inspector; having certification number 15895. 5.0 Inspection, Sampling & Analytical Procedures 5.1 Inspection Procedures The full asbestos inspection was conducted by an Environmental Protection Agency (EPA) and CDPHE certified Building Inspector. The inspection procedures included identifying and sampling suspect ACM within the pre -defined areas, submitting samples to an accredited laboratory for analysis, classifying the materials and assessing their condition, and compiling a final report detailing the inspection and the analytical results of the bulk -samples. 5.2 Sampling Procedures Statistically random bulk -samples representative of the suspect ACM of each homogeneous area were collected according to the guidelines published as EPA Final Rule: Title II of the Toxic Substances Control Act (TSCA), 15 USC, Sections 2641 through 2654 and in compliance with 40 CFR, Part 763 and CDPHE Regulation Number 8, Part B- Asbestos (Reg. 8). Banyan Environmental has collected the appropriate number of bulk -samples to meet all regulatory requirements for the classification and quantity of each homogeneous area. Some minor destructive sampling was conducted; however, walls, columns and perimeter pipe chases were not broken into in Page 49 of 78 order to locate and quantify suspect ACM. Banyan is not responsible for repairing the damage from collecting bulk samples. It should be noted that additional ACM might be located in these and other inaccessible areas. Materials containing less than 1% asbestos are not regulated by CDPHE Regulation 8, Part B - Asbestos. However, all demolition/abatement activities should be performed following the applicable Occupational Safety and Health Administration (OSHA) regulations. This would include, but not limited to, the appropriate asbestos training for the type of material being removed/disturbed as well as having a properly trained supervisor onsite, using wet removal methods, wearing adequate personal protective equipment (HEPA-filtered particulate respirators), medical surveillance of workers, personal -exposure air monitoring, area air monitoring in occupied buildings, etc. There may also be landfill disposal requirements for these materials, depending on the facility. Banyan recommends that all demolition/renovation areas involving any amount of asbestos be subjected to visual inspections and a final clearance air testing by a CDPHE-certified Air Monitoring Specialist CAMS) after the work has been completed, but before any containments are dismantled and the area is reoccupied. 5.3 Analytical Procedures All asbestos bulk -samples were analyzed by a National Voluntary Laboratory Accreditation Program (NVLAP) accredited laboratory via Polarized Light Microscopy (PLM) for asbestos content (see Appendix B for laboratory report). 6.0 Homogen m *us Areas A Homogeneous Area (HA) includes materials that are uniform in appearance, color, texture and date of application. The asbestos content of the bulk -samples collected within a homogeneous area can be applied to the entire homogenous area if they conform to the above characteristics and the regulated minimum sample quantities of each type of material are collected and analyzed. 6.1 Matrrial Friability A material can either be friable or non friable. A friable material is one that, when dry, can be pulverized, or reduced to powder by hand pressure, a non -friable material cannot. A non -friable material may become friable if its condition had deteriorated or has been impacted by forces that have rendered it friable. 62 aterial Classifications Sampled materials are divided into one of the following three categories: Surfacing Material: sprayed or troweled onto structural building members Thermal System Insulation (TSI): any type of pipe, boiler, tank, or duct insulation Miscellaneous Material: all other materials not classified in the above two categories 6.3 Material Conditions Sampled materials are placed into one of the three following categories of conditions: ® Good: none to very little visible damage or deterioration ® Damaged: the surface is crumbling, blistered, water -stained, gouged, marred or otherwise abraded over less than one -tenth of the surface if the damage is evenly distributed, or one -quarter if the damage is localized Significantly Damaged: the surface is crumbling, blistered, water -stained, gouged, marred or otherwise abraded over greater than one -tenth of the surface if the damage is evenly distributed, or one -quarter if the damage is localized Page 50 of 78 6e4 Sample Quantities Banyan Environmental collected at least the minimum number of samples from each homogeneous area necessary to meet all regulatory requirements for the quantity of material to be disturbed. The quantities listed in this report are approximate and on -site verification of the exact quantity of each material is required. The following outlines the minimum sample quantities required per homogeneous area: • Surfacing Materials: up to 1,000 ft2 of material requires a minimum of three (3) samples; between 1,000 ft2 and 5,000 ft2 of material requires a minimum of five (5) samples; over 5,000 ft2 of material requires a minimum of seven (7) samples; one (1) sample of each patch ® Thermal System Insulation (TSI): each homogeneous area requires a minimum of three (3) samples; at least one (1) sample must be collected from each patch; and collect enough samples sufficient to adequately assess the material and determine the asbestos content for TSI fittings such as pipe elbows or T's. Miscellaneous Materials: collect enough samples sufficient to determine the asbestos content F; 7.0 Overview of Findings Asbestos was not reported within any of the materials collected. B anyan Environmental collected a total of forty-seven (47) bulk -samples of fifteen (15) homogeneous areas. These areas included a knockdown surfacing texture found in the basement bedroom, bathroom and laundry room, sheet vinyl flooring in the basement bathroom and laundry room and a miscellaneous floor covering in the basement bathroom storage closet. Table 1 below describes the materials composing each homogeneous area as well as the locations of each bulk -sample collected. Also listed is the classification, condition, friability and estimated quantity of material to be removed and/or disturbed, as well as the asbestos content within each bulk -sample. Please see Appendix B: Analytical Data for the layer break -down of each bulk -sample. Page 51 0f 78 Table 1 HA It Sample Number Material Class Material and Location Condition Material Estimated Material Friability Asbestos Content Quantity 1 VIN -1 MM layer Kitchen vinyl tile flooring- Top G —418 sqft Friable ND Kitchen vinyl flooring- Top layer G Friable ND VIN -2 2 MM -3 MM Kitchen mastic under floor tile G 418 sqft Friable Non ND Kitchen mastic under floor tile G Friable Non ND MM -4 3 OP -5 SM Kitchen south dining wall. Orange area drywall peel txt G <5000 sqft Friable ND Kitchen Orange drywall peel txt west wall. G Friable ND OP -6 Bathroom west wall. by kitchen Orange peel drywall txt G Friable ND OP -7 Friable ND Kitchen peel ceiling txt drywall. Orange G OP -8 OP -9 Laundry Orange peel area ceiling txt drywall. G Friable ND Garage txt drywall east Orange peel G OP -10 Friable ND Garage drywall txt west Orange peel G Friable ND OP -11 4 JC-12 MM Kitchen corner compound drywall dining area with southeast joint G <5000 sqft Friable ND joint Northeast compound bedroom drywall with G Friable ND JC-13 5 POP -14 SM Hallway txt ceiling drywall. Popcorn G Friable ND Living Popcorn room ceiling txt drywall. G POP -15 Friable ND Northwest Popcorn ceiling txt drywall. G Friable ND POP -16 <5000 sqft Living Popcorn room ceiling txt drywall. G Friable ND POP -17 Northeast Popcorn ceiling txt drywall. G Friable ND POP -18 Page 52 of 78 6 KD 19 SM Northeast bedroom drywall in closet. Knockdown txt G <5000 sqft Friable ND KD 20 Hallway closet by bathroom drywall. Knockdown txt G Friable ND KD-21 Living room drywall in east wall. Knockdown txt G Friable ND KD 2Z Northwest bedroom drywall in closet. Knockdown txt G Friable ND KD 23 Northeast bedroom drywall in closet. Knockdown txt G Friable ND 7 VIN -24 MM Hallway bathroom vinyl flooring G —46 sqft Friable ND - VIN -25 Hallway bathroom vinyl flooring G Friable ND 8 POP 26 SM Basement main room ceiling drywall. Popcorn txt G <1000 sqft Friable ND POP -27 Basement main room ceiling drywall. Popcorn txt G Friable ND POP 28 Northwest bedroom ceiling drywall. Popcorn txt G Friable ND 9 OP 29 SM Basement west bedroom drywall west wall Orange peel txt G <1000 sqft Friable ND OP -30 Basement west bedroom drywall east wall Orange peel txt G Friable ND OP 31 Basement west bedroom soffit drywall. Orange peel txt G Friable ND 10 OP 32 SM Basement south bedroom east wall. Orange peel txt G <1000 sqft Friable ND OP -33 Basement south bedroom west wall. Orange peel txt G Friable ND OP 34 Basement south ceiling bedroom. Orange peel txt G Friable ND 11 CT 35 MM Basement west bedroom ceiling fiberboard tiles G —150 sqft Friable ND CT 36 Basement west bedroom ceiling fiberboard tiles G Friable ND 12 RF-37 MM Exterior roof shingles G 2920 sqft Non Friable ND RF-38 Exterior roof shingles G Non Friable ND 13 EXT-39 MM Exterior brick siding G <5000 sqft Friable ND EXT-40 Exterior brick siding G Friable ND 14 EXT-41 MM Exterior brick mortar G <5000 sqft Friable ND EXT-42 Exterior brick mortar G Friable ND Page 53 of 78 15 INS -43 SM Detached yellow sprayed garage/shop -in insulation interior G <5000 sqft Friable ND INS -44 Detached yellow sprayed garage/shop -in insulation interior G Friable ND INS -45 Detached yellow sprayed garage/shop -in insulation interior G Friable ND INS -46 Detached yellow sprayed garage/shop -in insulation interior G Friable ND INS -47 Detached yellow sprayed garage/shop -in insulation interior G Friable ND HA- Homogenous Area ND- Non -detect TR- Trace, <1% BE Fi ; .; clings & Rec 7 2 ,. G- Good D- Damaged SD- Significantly Damaged mmendations SM- Surfacing Material MM Miscellaneous Material TSI- Thermal System Insulation ACM was not identified within the areas of the residence that were within the scope of the full inspection and bulk -sampling performed on June 23, 2021; therefore, no professional abatement activities are required to remove or disturb the above -referenced sampled materials. goo Asbestos Abatement & Demolition Reg irements If ACM is to be removed or disturbed in a single-family residence, and the total quantity exceeds any of the regulatory trigger levels of 50 linear ft. on pipes, 32 ft2 on other surfaces, or the volume equivalent of a 55 - gallon drum, a CDPHE-certified General Abatement Contractor (GAC) is required to perform the work. The regulatory trigger levels within a commercial building are 260 linear ft. on pipes, 160 ft2 on other surfaces, or the volume equivalent of a 55 -gallon drum. In addition, formal notification to CDPHE prior to the abatement of ACM as well as air monitoring, visual inspections, and final air clearances by a CDPHE- certified Asbestos AMS is required. CDPHE regulations allow for the demolition of a building that contains non -friable asbestos -containing materials, such as caulking, mastic or resilient floor tiles. However, demolition must be completed without causing the non -friable ACM to be rendered friable. Burning a building with any ACM is prohibited. Operations such as sanding, cutting, crushing, grinding, pneumatic jacking, etc. of ACM are not permitted. Recycling of building materials such as concrete, metal, or wood that are bonded or contaminated with ACM, e.g. glue, caulking, or mastic is also prohibited. If any of the non -friable asbestos containing materials are to be recycled and rendered friable after demolition (i.e. crushing mastic -coated concrete), these materials must be abated of all ACM prior to shipping offsite for recycling. OSHA regulations regarding occupational exposure during demolition activities is still mandatory. OSHA 29 CFR 1926.1101 requires that workers performing construction -related activities be protected from asbestos fibers in excess of the permissible exposure limit of 0.1 f/cc of air. Contractors are must comply with applicable provisions of OSHA 29 CFR 1926.1101 during demolition and renovation activities. These OSHA provisions include, but are not limited to, PPE and respirators, personnel training, personal -exposure air monitoring, employee medical surveillance, wet removal methods, signage for regulated areas, etc. Page 54 of 78 10.0 Disclaimer & Limitations The activities outlined in this report were conducted in a manner consistent with a level of care and expertise exercised by members of the environmental consulting and industrial hygiene profession. All activities were performed in accordance with all applicable federal, state, and local regulations as well as generally accepted standards and professional practice. No warranty is either expressed or implied. Banyan Environmental assumes no responsibility or liability for error in public information utilized, statements from sources other than Banyan, or developments resulting from situations outside the scope of this project. The details provided within this report outline the inspection activities on the date(s) indicated and should not be relied upon to represent conditions at a later date, the limited number of bulk -samples collected, and the laboratory results of those bulk -samples. The laboratory results contained in this report apply specifically to the materials in which bulk -samples were collected. The results do not include or apply to any other materials within the structure that were not sampled, but may contain asbestos; including materials that may be hidden or inaccessible. All work must stop and additional inspection and bulk - sampling activities would be required to determine if any other materials contain asbestos. This report has been prepared on behalf of and exclusively for use by the Client, with specific application to their project as discussed in the scope of work. The results of any surfacing material indicated in this report also includes any associated overspray of that material, e.g., under carpet, above suspended ceilings, etc. The information contained in this report is intended as supplementary material for abatement design and is not to be used as the scope of work for abatement activities, bidding or billing purposes. Contractors or consultants reviewing this report must draw their own conclusions regarding further investigation or remediation deemed necessary. Thank you for your business. Sincerely, State of Colorado Building Inspector Accreditation No: 15895 exp. 10/17/2021 Page 55 of 78 Northeast Bedroom HA 4, HA 6, HA 5 Bathroom HA 3 Living Room HA 5, HA 6 Northwest Bedroom HA 6, HA 5 Dining Room HA 3, 4 Kitchen HA 1, HA 2 HA 3 Basement HA 8, 9,10,11 Bathroom HA 3, HA 1 Laundry Room Garage HA 3 Page 56 of 78 July 1,2021 Banyan Environmental 1540 Main Street, Suite 218 #111 Windsor, CO 80550 CLIENT R CE9 L= 4B C J E CT o 19999 County Road 66 Greeley, CO, BD3933 Ee B215217 Dear Customer: Enclosed are asbestos analysis results for PLM Bulk samples received at our laboratory on June 25, 2021. The samples were analyzed for asbestos using polarizing light microscopy (PLM) per the EPA 600 Method. Sample results containing >1% asbestos are considered asbestos -containing materials (ACMs) per EPA regulatory requirements. The detection limit for the EPA 600 Method is <1% asbestos by weight as determined by visual estimation. Thank you for your business and we look forward to continuing good relations. Kind Regards, I Tianbao Bai, Ph.D., CIH Laboratory Director TESTING NVLAP LASCODE Page 57 of 78 730SE Maynard Road e Cary, NC 27511 9190431.1413 eurofi ASBESTOS ANALYTICAL REPO By: Polarized Light Microscopy Prepared for Banyan Environmental CLIENT PRA JECT: 19999 County Road 66 Greeley, CO, BO3933 LAB CODE: B215217 TEST METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 REPORT DATE: 07/01/21 TOTAL SAMPLES ANALYZED: # SAMPLES >1% ASBESTOS: 47 Page 58 of 78 fins PROJECT: 19999 County Road 66 Greeley, CO, BD3933 Asbestos Report Summary By: POLARIZING LIGHT MICROSCOPY LAB CODE: B215217 METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 Client ID Layer Lab ID ASBESTOS Color Sample Description VIN -1 ere- k ,i3 , .w VIN -2 B86449A B86449B B86450A B86450B Tan Clear Tan Clear Tile Mastic Tile Mastic N one Detected N one Detected N one Detected 41.1 N one Detected MM -3 MM -4 B86451 Clear B86452 Clear Mastic -4, Mastic N one Detected N one Detected OP -5 OP -6 OP -7 B86453 B86454 B86455 White White White S heetrock/Mud S heetrock/Mud S heetrock/Mud N one Detected N one Detected N one Detected OP -8 OP -9 OP -10 OP -11 B86456 B86457 B86458 :en re tele fr B86459 JC-12 B86460 White White White White White S heetrock/Mud N one Detected S heetrock/Mud N one Detected Sheetrock/Mud Sheetrock/Mud S heetrock/Mud N one Detected N one Detected N one Detected JC-13 B86461 White Sheetrock/Mud None Detected POP -14 Layer 1 B86462 White POP -15 Layer 2 B86462 Layer 1 B86463 White Texture N one Detected S heetrock N one Detected White Texture N one Detected POP -16 Layer 2 B86463 Layer 1 B86464 White Sheetrock N one Detected White Texture None Detected POP -17 Layer 2 B86464 Layer 1 B86465 White White S heetrock Texture N one Detected N one Detected POP -18 Layer 2 B86465 Layer 1 B86466 White S heetrock N one Detected White Texture N one Detected KD-19 kD-26 KD-21 Layer 2 B86466 it White B86467 White B86468 B86469 KD-22 KD-23 B86470 VIN -24 B86471 B86472A White White White White Beige Sheetrock S heetrock/Mud Sheetrock/Mud S heetrock/Mud S heetrock/Mud S heetrock/Mud Vinyl Flooring N one Detected N one Detected N one Detected N one Detected N one Detected N one Detected -QM, N one Detected Page 1 of 2 Page 59 of 78 ti eurofins CfE1 Asbestos Report Summary By: POLARIZING LIGHT MICROSCOPY PROJECT: 19999 County Road 66 Greeley, CO, LAB CODE: B215217 BD3933 METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 i _ Client ID Layer Lab ID Color Sample Description ASBESTOS 1 B86472B Yellow Mastic N one Detected VIN -25 B86473A Beige Vinyl Flooring N one Detected B86473B Yellow Mastic N one Detected POP -26 Layer 1 B86474 White Texture N one Detected Layer 2 B86474 White S heetrock N one Detected POP -27 Layer 1 B86475 White Texture N one Detected POP -28 Layer 2 B86475 Layer 1 B86476 White S heetrock N one Detected White Texture N one Detected Layer 2 B86476 White S heetrock N one Detected OP -29 B86477 White S heetrock/Mud N one Detected OP -30 nryniellEa aft OP -31 OP -32 OP -33 OP -34 CT -36 - CT -36 B86478 886479 B86480 B86481 White S heetrock/Mud N one Detected White White White S heetrock/Mud S heetrock/Mud S heetrock/Mud N one Detected N one Detected N one Detected B86482 White Sheetrock/Mud B86483 White Ceiling Tile N one Detected N one Detected B86484 y White RF-37 B86485 Gray Ceiling Tile S hingle N one Detected N one Detected RF-38 EXT-39 B86486 B86487 Gray S hingle N one Detected White Cementitious Material N one Detected EXT-40 B86488 White Cementitious Material N one Detected EXT-41 B86489 White Cementitious Material N one Detected EXT-42 B86490 White Cementitious Material N one Detected INS -43 B86491 Yellow Foam N one Detected INS -44 B86492 Yellow Foam N one Detected INS -45 B86493 Yellow Foam N one Detected INS -46 B86494 Yellow Foam N one Detected INS -47 B86495 Yellow Foam N one Detected Page 2 of 2 Page 60 of 78 AS ESTOS Si yo P fL R!ZING LIGHT MICROSCPY Client: Banyan Environmental 1540 Main Street, Suite 218 #111 Windsor, CO 80550 Project 19999 County Road 66 Greeley, CO, BD3933 Lab Code: B215217 Date Received: 0625-21 Date Analyzed: 07-01-21 Date Reported: 0701-21 ASBESTOS BULK PLM, EPA 600 METHOD CUUehU ID Lab .:\.4:#01D Description Lab Attributes NON -ASBESTOS COMPONENTS Fibr us Non=Fibrous ASBESTOS 0A i VIN -1 B86449A Tile B86449B Mastic VIN -2 B86450A Tile Homogeneous Tan Non -fibrous Tightly Bound Homogeneous Clear N on -fibrous Bound 100% Vinyl None Detected 100% Mastic None Detected Homogeneous Tan N on -fibrous Tightly Bound 100% Vinyl None Detected 8864508 Mastic Homogeneous Clear N on -fibrous Bound MM=3 B86451 Mastic Homogeneous 2% Clear N on -fibrous Bound Cellulose 100% Mastic None Detected 98% Mastic None Detected MM -4 B86452 Mastic Homogeneous 2% Cellulose Clear N on -fibrous Bound 98% Mastic None Detected OP -5 B86453 Sheetrock/Mud Heterogeneous 15% Cellulose White Fibrous Bound 73% Gypsum 10% Calc Carb 2% Paint None Detected Page 1 of 10 Page 61 of 78 urn ASBESTOS BULK ANALY By: POLARIZING LIGHT MICROSCOPY Client: Banyan Environmental 1540 Main Street, Suite 218 #111 Windsor, CO 80550 Project: 19999 County Road 66 Greeley, CO, BD3933 Lab Code: B215217 Date Received: 0625-21 Date Analyzed: 07-01-21 Date Reported: 07-01-21 SBESTOS BULK PLM, EPA 600 METHOD Sheetrock/Mud N one Detected OP -6 B86454 Heterogeneous 15% Cellulose White Fibrous Bound 73% Gypsum 10% Calc Carb 2% Paint OP -7 Sheetrock/Mud Heterogeneous 15% Cellulose 73% Gypsum B86455 White 10% Calc Carb Fibrous 2% Paint Bound ,«T N one Detected OP$ Sheetrock/Mud Heterogeneous 15% Cellulose 73% Gypsum B86456 White 10% Calc Carb Fibrous 2% Paint Bound Off: m9 Sheetrock/Mud Heterogeneous 15% Cellulose 73% Gypsum B86457 White 10% Calc Carb Fibrous 2% Paint Bound OP -10 B86458 Sheetrock/Mud Heterogeneous White Fibrous Bound 15% Cellulose 73% Gypsum 10% Calc Carb 2% Paint None Detected N one Detected N one Detected OP -11 Sheetrock/Mud Heterogeneous 15% Cellulose 73% Gypsum B86459 White 10% Calc Carb Fibrous 2% Paint Bound None Detected SC -12 Sheetrock/Mud Heterogeneous 15% Cellulose 73% Gypsum B86460 White 10% Calc Carb Fibrous 2% Paint Bound None Detected Page 2 of 10 Page 62 of 78 1/4 eurofins • ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Banyan Environmental 1540 Main Street, Suite 218 #111 Windsor, CO 80550 Project: 19999 County Road 66 Greeley, CO, BD3933 Lab Code: B215217 Date Received: 06-25-21 Date Analyzed: 07-01-21 Date Reported: 07-01-21 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab ID Lab Description Lab Attributes NON -ASBESTOS COMPONENTS Fibrous Non -Fibrous ASBESTOS i JC-13 B86461 Sheetrock/Mud Heterogeneous 15% Cellulose White Fibrous Bound 73% 10% Gypsum Calc Carb 2% Paint None Detected POP -14 Texture Layer 1 B86462 Heterogeneous White N on -fibrous Bound 60% 35% 5°/a Binder Calc Carb Vermiculite None Detected Layer 2 B86462 Sheetrock Heterogeneous 15% Cellulose White Fibrous Bound POP -15 Layer 1 B86463 Texture 85% Gypsum N one Detected Heterogeneous White N on -fibrous Bound 60% 35% 5% Binder Calc Carb Vermiculite N one Detected Layer 2 B86463 Sheetrock Heterogeneous 15% Cellulose White Fibrous Bound 85% Gypsum N one Detected POP -16 Texture Layer 1 B86464 Heterogeneous White N on -fibrous Bound 60% 35% 5% Binder Calc Carb Vermiculite None Detected Layer 2 B86464 Sheetrock Heterogeneous 15% Cellulose White Fibrous Bound 85% Gypsum N one Detected Page 3 of 10 Page 63 of 78 r rt ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Banyan Environmental 1540 Main Street, Suite 218 #111 Windsor, CO 80550 Project: 19999 County Road 66 Greeley, CO, BD3933 Lab Code: B215217 Date Received: 06-25-21 Date Analyzed: 07-01-21 Date Reported: 07-01-21 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab ID Lab Description Lab Attributes NON -ASBESTOS COMPONENTS Fibrous Non -Fibrous ASBESTOS O,p i POP -17 Layer 1 B86465 Texture Layer 2 B86465 Sheetrock Heterogeneous White Non -fibrous Bound 60% 35% 5% Heterogeneous 15% Cellulose White Fibrous Bound Binder Cab Carb Vermiculite N one Detected 85% Gypsum None Detected POP -18 Texture Layer 1 B86466 Heterogeneous White Non -fibrous Bound Layer 2 B86466 Sheetrock 60% Binder Calc Carb Vermiculite 35% 5% N one Detected Heterogeneous 15% Cellulose White Fibrous Bound 85% Gypsum N one Detected KD-19 Sheetrock/Mud B86467 r,.. Heterogeneous 15% Cellulose White Fibrous Bound a. 73% 10% 2% Gypsum Calc Carb Paint N one Detected KD-20 Sheetrock/Mud B86468 Heterogeneous 15% Cellulose White Fibrous Bound 73% Gypsum 10% Calc Carb 2% Paint •L._.. -._..-- N one Detected KD-21 Sheetrock/Mud B86469 Heterogeneous 15% Cellulose White Fibrous Bound 73% 10% 2% Gyosum Calc Carb Paint None Detected Page 4 of 10 Page 64 of 78 ci% e u r fins CD ASBESTOS BULK NALYS1S By: POLARIZING LIGHT MICROSCOPY Client: Banyan Environmental 1540 Main Street, Suite 218 #111 Windsor, CO 80550 Project: 19999 County Road 66 Greeley, CO, BD3933 Lab Code: B215217 Date Receive •t a 06-25-21 Date Analyzed: 07-01-21 Date Reported: 07-01-21 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab [I Sheetrock/Mud i ascription Lab Attributed Fibrtr ON-ASBEST COMPONENTS ASBESTOS KD-22 B86470 KD=23 B86471 Sheetrock/Mud VIN -24 Vinyl Flooring B86472A Heterogeneous 15% Cellulose 73% Gypsum White 10% Calc Carb Fibrous 2% Paint Bound Heterogeneous 15% Cellulose 73% Gypsum White 10% Calc Carb Fibrous 2% Paint Bound Homogeneous 10% Fiberglass 90% Vinyl Beige Fibrous Bound None Detected B86472 B Mastic Homogeneous Yellow N on -fibrous Bound 100% Mastic N one Detected None Detected None Detected VIM -25 Vinyl Flooring B86473A Homogeneous 10% Fiberglass 90% Vinyl Beige Fibrous Bound B86473B Mastic Homogeneous Yellow N on -fibrous Bound POP -26 Texture Layer 1 B86474 Heterogeneous White N on -fibrous Bound 100% Mastic 60% Binder 35% Calc Garb Vermiculite 5% None Detected N one Detected r , N one Detected Page 5 of 10 Page 65 of 78 eurofins Crirr41 S E T S BULK ANALY r'° By! POLARIZING LIGHT MICR SCOPy Client: Banyan Environmental 1540 Main Street, Suite 218 #111 Windsor, CO 80550 Project: 19999 County Road 66 Greeley, CO, BD3933 Lab C Date .' Date �de: B215217 eceived: 0625-21 nalyzed: 07-01-21 Date Rep z +red: 07-01-21 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab ID. Lab Descriti Lab Attributes NON -ASBESTOS COMPONENTS Fibrous Non -Fibrous AS ESTOS 0'C Layer 2 B86474 Sheetrock Heterogeneous 15% Cellulose White Fibrous Bound 85% Gypsum None Detected POP -27 Layer 1 B86475 Texture Layer 2 B86475 Sheetrock Heterogeneous White Non -fibrous Bound 60% Binder 35% Calc Carb Vermiculite 5% None Detected Heterogeneous 15% Cellulose White Fibrous Bound 85% Gypsum None Detected POP -28 Layer 1 B86476 Texture Heterogeneous White Non -fibrous Bound 60% Binder Calc Carb 5% Vermiculite 35% None Detected Layer 2 B86476 Sheetrock Heterogeneous 15% Cellulose White Fibrous Bound 85% Gypsum None Detected OP -29 B86477 Sheetrock/Mud Heterogeneous 15% Cellulose White Fibrous Bound 73% 10% 2% Gypsum Calc Carb Paint None Detected OP -30 B86478 Sheetrock/Mud Heterogeneous White Fibrous Bound 15% Cellulose 73% Gypsum 10% Calc Carb 2% Paint None Detected Page 6 of 10 Page 66 of 78 fins ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Banyan Environmental 1540 Main Street, Suite 218 #111 Windsor, CO 80550 Project: 19999 County Road 66 Greeley, CO, BD3933 Lab Code: B215217 Date Received: 06-25-21 Date Analyzed: 07-01-21 Date Reported: 07-01-21 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab ID Lab Lab Description Attributes NON -ASBESTOS COMPONENTS FibrousNon-Fibrous ASBESTOS nit i OP -31 B86479 Sheetrock/Mud Heterogeneous 15% Cellulose White Fibrous Bound 73% 10% 2% Gypsum Calc Carb Paint N one Detected OP -32 Sheetrock/Mud B86480 Heterogeneous 15% Cellulose White Fibrous Bound 73% Gypsum 10% Calc Carb 2% Paint None Detected er OP -33 B86481 OP -34 B86482 CT -35 B86483 CT -36 B86484 Sheetrock/Mud Sheetrock/Mud Ceiling Tile Ceiling Tile Heterogeneous 15% Cellulose White Fibrous Bound 73% Gypsum 10% Calc Carb 2% Paint Heterogeneous 15% Cellulose White Fibrous Bound 73% Gypsum 10% Calc Carb 2% Paint Heterogeneous White Fibrous Loosely Bound 40% Cellulose 30% Perlite 25% Fiberglass 5% Binder Heterogeneous 40% White 25% Fibrous Loosely Bound Cellulose 30% Perlite Fiberglass 5% Binder N one Detected N one Detected N one Detected N one Detected RF-37 Shingle B86485 Heterogeneous 30% Fiberglass 60% Tar Gray 10% Gravel Fibrous Bound N one Detected Page 7 of 10 Page 67 of 78 ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Banyan Environmental 1540 Main Street, Suite 218 #111 Windsor, CO 80550 Project: 19999 County Road 66 Greeley, CO, BD3933 Lab Code: B215217 Date Received: 06-25-21 Date Analyzed: 07-01-21 Date Reported: 07-01-21 ASBESTOS BULK PLM, EPA 600 METHOD Shingle N one Detected RF-38 B86486 Heterogeneous 30% Fiberglass 60% Tar Gray 10% Gravel Fibrous Bound EXT-39 Cementitious Material Homogeneous B86487 White N on -fibrous Bound 70% Silicates 30% Binder N one Detected EXT-40 Cementitious Material Homogeneous B86488 White N on -fibrous Bound 70% Silicates 30% Binder None Detected EXT-41 Cementitious Material Homogeneous B86489 White Non -fibrous Bound 70% Silicates 30% Birder N one Detected EXT-42 Cementitious Material Homogeneous B86490 White N on -fibrous Bound 70% Silicates 30% Binder N one Detected INS -43 B86491 Foam Homogeneous Yellow N on -fibrous Bound 100% Foam None Detected INS -44 B86492 Foam Homogeneous Yellow N on -fibrous Bound 100% Foam None Detected Page 8 of 10 Page 68 of 78 ASBESTO L By: POLARIZING LIGHT MICR SCOPY sip Client Banyan Environmental 1540 Main Street, Suite 218 #111 Windsor, CO 80550 Project® 19999 County Road 66 Greeley, CO, BD3933 Lab Code: B215217 Date Received: 06-25-21 Date Analyzed: 07-01-21 Date Reported: 0701®21 ASBESTOS BULK PLM, EPA 600 METHOD Foam 100% Foam None Detected I ±,ti S-45 B86493 INS -46 B86494 Homogeneous Yellow N on -fibrous Bound INS -47 B86495 Foam Foam Homogeneous Yellow N on -fibrous Bound 100% Foam None Detected Homogeneous Yellow N on -fibrous Bound 100% Foam None Detected Page 9 of 10 Page 69 of 78 euro CD LEGEND: Non-Anth = Non-Asbestiform Anthophyllite Non-Trem = Non-Asbestiform Tremolite Calc Carb = Calcium Carbonate METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 REPORTING LIMIT: <1% by visual estimation REPORTING LIMIT FOR POINT COUNTS: 0.25% by 400 Points or 0.1% by 1,000 Points EGUL. > TORY LIMIT: >1% by weight Due to the limitations of the EPA 600 method, nonfriable organically bound materials (NOBs) such as vinyl floor tiles can be difficult to analyze via polarized light microscopy (PLM). EPA recommends that all NOBs analyzed by PLM, and found not to contain asbestos, be further analyzed by Transmission Electron Microscopy (TEM), Please note that PLM analysis of dust and soil samples for asbestos is not covered under NVLAP accreditation. Estimated measurement of uncertainty is available on request. This report relates only to the samples tested or analyzed and may not be reproduced, except in full, without written approval by Eurofins CEI. Eurofins CEI makes no warranty representation regarding the accuracy of client submitted information in preparing and presenting analytical results. Interpretation of the analytical results is the sole responsibility of the client. Samples were received in acceptable condition unless otherwise noted. This report may not be used by the client to claim product endorsement by NVLAP or any other agency of the U.S. Government. Information provided by customer includes customer sample ID and sample description. ANALYST: r i yan S eele IL ma TESTING NVLAP-LAB-CODE-101768-0 /Fj APPROVED BY: / ., -- _ fr Tianbao Bai, Ph.D., CIH Laboratory Director Page 10 of 10 Page 70 of 78 r srCHAIN OF CUSTODY 730 SE Maynard Ma nard t31, [pry{t Road F'p'+'y-t `.nI F.' i Cary, tV �j/. +y," '''(f �/h+.) kmow' 21 5 1 ' 9'F • .."_'r�u ECEI Lab Coders' i•1 a r `�o,e'- y(//(y.,', Lab ECEI Lab .-k•. ID'S- f �' ".Y�@ y�..p�=.% �i t 1` :: j Range: - .. [ y r;.„ rXC e o a` t•' sq t . •r. �• _ .' a ems" •' �Y, ::' �V •f. 6 .p� y'g}, .J .�'.,'ln ." EE 'W� Tel: '� \ J V V 866-481-1412; t E /' t 6.. 1 919-481-1442 ... .. A. �,�ywysA Rr• .fr tJ�tA{� vC is •„ V� .:tie -.41C414-44(!.:.4104.70±41: p'Ia r y+a . �, i ". r. ••' ,�7Ng78 M�j} fyM;TJ ,a aLZ. UaC4MnwnOr I�f4tEM .., 1,.•••,. .. ••.' ,•.•"..••.•... 5 %1WItfWECtgl rR4.'+rv. . .. ss.- 7A,F�Ip/R91W)LfSt4rk7 COMPANY '��,�, INFORMATION �{$fp PROJECT R '�+1 ECT INFORMATION .Q{$��. ��y/l�j]j[jj� M' {$�J��/�j IMI'N Y •7A�-:�" ECEI .Lv. CLIENT 1 r aJ��y 1t�.yWf. �Y_p i(tY:,;•,,c,>• }' T4} • f y.((}•[~�f i f�A ^y LI}5. .�i."� Yt�'J )' ` T4'➢Zi. ",-'�Ri.c' a ey t' < �1 ,x�..� N s•Yt S�„3_- ` _ `�f "�:p ? '4 ,.,. s T>a,:ti;a s4ta ftivsi,a ,v `r b } Z:'. A - 1 3J. f>, 1lY-� ti it 1.Ja' [Iwk H i'ly IT:, e 4..•_ G fi, k , J ` � r'1 J ` y 1,4:-?,*? es yYT x,, p �, a�F[ { ` �Y _:. _'"� IY �1: , �r Y • ". Job Contact: AnC Dunnell ({ Company: Banyan Environmental Email I Tel: Address. 1540 Main Street, Suite 218 #111 ' Proect Name: 19999 Count Road 66 Greele . CO Windsor, CO 80550 Project ID#: BD3933 Billin Email: PQ : iTe1• m State of [ecar[ in CO ECEI standard terms are Net. 30 days IF TAT Ls NOT MARKED STANDARD 3 DAY TAT APPL) '&. [ - 2xtS•�}�—�. ry... _ ( v, . . `t •.i / � i. ,. ii.,_. �T'-..• L'[ r r TURN AROUND ate' 9 T TIME . z' f ✓-r. ... gym'a / . t .. .. l .. .. .. ,. YM.Y,}W%VC N'wWlq••PMaMy ! V.WP.v.MMJ.iMI M.. , ASBESTOS fMETHOD 4 HR 8 HR DAY 2 DAY 3 DAY 5 DAY PLM BULK EPA 600/R-93/116 I PLM POINT COUNT (400) EPA 600/R-93/1 L PLM POINT COUNT (1000) EPA 600/R-93/116 l I PLM GRAV SRI POINT COUNT EPA 600/R-93/116 ,, ll. F r ; % ....,.. PLNA BULK CARS 435 F PCM AIR* NI QSH 7406 L a .. ..... A M T .. .I .., 1. ./ ..... I TEM AIR EPA AHERA I �_ TEM AIR NIOSH 7402 _ Q TEM AIR (ROME) ISO 1031 `. TEM AIR ASTM 6281-15 Q CHATFIELD I EPA 6CO/R- o '` x �.... . [([p L TEM BULK 93/116 Sec. 2.5.5. �/ '> 7, TEM DUST WIPE ASTM D6480-19 I L I U L,,.w,., Li TEM DUST MICRQVAC ASTM D5755-09 (2014) Li ... !/$7 l�YS� 31t i°<f,�4n. y,, 10•x/ i 4i ,,.,. 4w�� s „y'YHf TEM SOIL ASTM D7521-16 i rs' �i�/�i ,iryv. si F4et'ZsT1 � ..z%Jit ,7r ✓ ///¢5> , ' i tori,f-0"y+fi{t i'_$4l� Sr ryr r74 ,ri' , .. z ' rhtt^f r N F: -s .-----4 7 TEM VERMICULITE CINCINNATI METHOD '2 �fi i >ie',��eis3..' ,k % ro fn/: Z$.4F(! '�n , O TEM QUALITA I E IN-HOUSE ME OD QTI--IE R; � "Blanks should be taken from the same sample lot as field samples. EM ARKS /SPECIAL INSTRUCTIONS: Ai Accept Samples Reject Samples Rol€n uished Bi Date/Time Received MMMMMN Date/Time h I I 1. M1 AMft.MYrrtMWMMr.NwAMRWAmAi.Y1MWIFHWFIM 'M,Mbr Andy Dunnell 24-Jun-21[Pt IR. MNMN ,, 4t By submitting samples, you are agr'eein€g to ECEI's Terms and Conditions. Samples will be disposed of 30 days after analysis Vergdu? CC`ClC' c 1 113 I r) Page 71 of 78 SAMPLING FORM //, Fco F:<7 T ' .j. .Y__: rid r: 1 r. -, Vl-' - - t.----,- £"t 'r te•7: .Zrr_ -+a w,.i. ".se^ T,r /:.t'IS✓.n. of 21c.12: 5Company: Job Contact: Project Name: 'Project. III #: Tel: . µ 5. 'Cc^ 4 ..... /`"� X,. /• _ ;SAMPLEIDS .. .r • f. rj �.�. .s"�! '•, y.,:,,l '. i.. ,wry. ..",a. .il j:.. y cQ .5₹C? 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PO �,-28 TEM PLM - I POP -27 TEM PLM - >4 I POP -28 TEM 1 PLM Page 1 of Version: CCOC.02.21.2/8.LD Page 72 of 78 csii '1 OP -29 PLM - X OP -30 PLM - X OP -31 PLM - X CT -35 PLM - X CT -36 PLM - X RF-37 PLM - X RF-38 PLM - X EXT-39 PLM - X EXT-40 PLM - X EXT-41 PLM - X EXT-42 PLM - X INS -43 PLM - X INS -44 PLM - X INS -45 PLM - X INS -46 PLM - X INS -47 PLM - X Version: CCOC.02.21.3/3.LD Page 73 of 78 APPENDIX C DEMOLITION PERMITS Page 74 of 78 Colorado Department ent of Public Health and Environment E C DEMOLITION NOTIFICATIsI :I r: PPLICATION FORM APPLICATION FEE MUST ACCOMPANY THIS FORM INCOMPLETE APPLICATIONS WILL BE RETURNED (Notice will be mailed to the demolition contractor unless specified otherwise) Fee: $50 4- $5 per 1000 ft2 of area to be demolished = $ (See instruction #1 on reverse side) Company Name: Street: City: State: Zip Code: Telephone # ( ) Project Manager: Cell Phone # C ) I certify that the Certified Asbestos Building Inspector has informed me about any remaining asbestos -containing materials in the facility to be demolished. Signature: Print Name: Landfill Receiving Building Debris: r Submit form to: Permit Coordinator Colorado Dept. of Public Health and Environment APCD-I E -B 1 4300 Cherry Creek Drive South Denver, CO 80246-1530 Phone: 303-692-3100 Fax: 303-782-0278 Asbestos@state.co.us Dora. tic n Site Building Name: Single Family Residence Square footage of footprint of facility or portion of facility 2920 to be demolished Street: 19999 County Road 66 City: Greeley County: Weld Zip Code: 80631 Proposed Start Date Proposed Completion Date Method/Means of Demolition: ❑ Wrecking ❑ Burningt ❑ Implosion ■ Moving ❑ Other, specify: tBurning requires to speak to the Open additional authorization — Please Burning Permit Coordinator call (303) 692-3100 and ask Estos •oval actor General Abatement Contractor (GAC) N/A Jeumo 6uipi! ng Owner's Name: Street: CDPHE Asbestos Permit # Total Quantity of Asbestos Removed City: State: Zip Code: Date Removal Completed Telephone # ( ) Contact's Name: Telephone # Type(s) of Asbestos -Containing Material Removed: ( ) Certified Asbestos Inspector Certificati tn With an my Asbestos signature Building below, Inspector. I certify I that also I certify possess that current I have AHERA thoroughly accreditation inspected and the state facility of to Colorado be demolished, certification as listed as in asbestos the Demolition by a NVLAP-accredited Site block above, laboratory, sampled all and suspect have materials, determined had that all no samples Regulated analyzed ACM exists for the anywhere presence of in the facility.* I also certify that I have informed the owner/operator of the facility or the demolition contractor that any asbestos of ACM -containing remaining, material below: (check allowed appropriate to stay in the box(es)): facility must remain non -friable during demolition. Specify type(s) Vinyl asbestos floor tile (VAT) VAT mastic Tar/asphalt impregnated roofing Asphaltic pipe coatings Spray -applied tar coatin s Caulking ❑ Glazing Other, specify: Signature: (In Blue Ink) Printed Name: Andrew Dunnell Date June of Final Inspection 23, 2021 CO Cert # 15895 Expiration October Date 17, 2021 Telephone # ( ) Cell Phone # (970) 222-6849 I verify that all refrigerants from air conditioning/refrigeration appliances have been properly recovered in accordance with AQCC Regulation No. 15 (for information on CFC requirements call 692-3100). I further verify that all luminous exit signs (containing radioactive material) have been disposed of in accordance with 6 CCR 1007-1 subpart 3.6.4.3 (for information on luminous exit sign requirements call 303-692-3320). CHECK THE APPROPRIATE BOX: Building Owner Contractor Other Date: Signature: Print Name: THIS Box is FOR CDPHE USE ONLY: Postmark or Hand Delivery Date: Approved By: Code: initial -310 transfer -380 Form of Payment & #: Permit #: Record # Date Issued: * Regulated asbestos -containing materials means (a) friable asbestos -containing material, (b) Category I nonfriable ACM that has become friable, (c) Category I nonfriable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading or (d) Category II nonfriable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations regulated by this regulation. Note: Asbestos -containing sheet vinyl and linoleum must be properly abated/removed prior to demolition. Page 75 of 78 Form: DNA08 Rev. 01/30/08 Demolition Notice Application Form Information and Instructions: 1. To determine the proper amount for the application fee, multiply the length of the building (lineal feet) by the idth of the building (lineal feet). Divide the total by 1000, round the result u p to the next whole number and multiply this number by 5$. This is the square footage fee. Add the square footage fee to the base fee of $50 and submit the total amount to the Division along with the demolition notice application form. Ex: 40ft. x 52ft. = 2080 square feet; 2080/1000 = 2.08 (round up to 3); 3 x $5 = $15 (square footage fee) $15 ± $50 (base fee) _ $65 total application fee. 2. In the event that only a load -bearing member is demolished, the square footage fee is calculated the same way as in "number 1". However, you only need to calculate the actual footprint of the load -bearing member. 3. All spaces must be filled in on the application. If the information is not applicable, please write N/A. Incomplete information may result in a delay in processing the application, which may delay your project. 4. We must have proposed start and end dates for the demolition. 5. There is a 10 working -day advance notification requirement for permit applications. Day 1 is the 1st business day following the postmark or hand -delivery date. (Working Day means Monday through Friday and including holidays that falls on any of the days Monday through Friday.) If a demolition follows a permitted or noticed asbestos abatement project within 10 business days of the cornpl-�tion of the abatement project, the 10 working -day advance n otification requirement will be waived. 6. The Colorado -certified asbestos inspector must sign the form in blue ink. (Original signature must be submitted.) The building owner or the contractor must also sign the application certifying that all refrigerants and luminous signs have been properly removed from the site. 7. If the notice must be modified after the application his been submitted, notify the Asbestos Unit by fax at 303-7 2-0278 or e-mail atasbestos@state.co.us bythe endofthenextregular state business day following the modification. Project modifications include discovery of u nidentified asbestos -containing materials, changes in scope of work or the scheduled work dates. Please use the Permit/Notice Modification Form. 8. Recycling of materials, such as concrete or wood, that are bonded or contaminated with asbestos -containing material (ACM), such as floor tile or mastic, is NOT permitted. 9. Demolition of a building that has non -friable asbestos -containing materials remaining must be completed without causing the asbestos -containing materials to become friabl,t. Burning a building with any asbestos -containing materiIs is PROHIBITED. Concrete floors covered with floor tile shall be removed in as large sections as possible. Operations such as crushing, pneumatic jacking, etc. of materials containing asbestos are not permitted. 10. All provisions of laws and ordinances governing this type of work shall be complied with whether specified herein or not. Demolition permits or approval notices appearing to give authority to violate or override the provisions of any other laws or ordinances shall be invalid. Furthermore, demolition permits or approval notices issued in error or based upon incorrect information supplied to the Division shall also be invalid. Page 76 of 78 Form: DNA08 Rev. 01/30/08 Colorado Department of Public Health and Environment DEMOLITIN NOTIFICATION :; PLICATI sN F RM APPLICATION FEE MUST ACCOMPANY THIS FORM INCOMPLETE APPLICATIONS WILL BE RETURNED (Notice will be mailed to the demolition contractor unless specified otherwise) Fee: $50 + $5 per 1000 ft2 of area to be demolished o $ (See instruction #1 on reverse side) 0 Submit form to: Permit Coordinator Colorado Dept. of Public Health and Environment APCD-IE-B 1 4300 Cherry Creek Drive South Denver, CO 80246-1530 Phone: 303-692-3100 Fax: 303-782-0278 Asbestos@state.co.us volition Contractor Company Name: ElmolDOA Site Building Name: Detached Garage/Shop Street: Square footage of footprint of facility or portion of facility to be demolished 1960 City: State: Zip Code: Street: 19999 County Road 66 Telephone # ( ) Fax # ( ) City: Greeley County: Weld Zip Code: 80631 Project Manager: Cell Phone # Proposed Start Date Proposed Completion Date ( ( ) I certify that the Certified Asbestos Building Inspector has informed me Method/Means of Demolition: about demolished. any remaining asbestos -containing materials in the facility to be f ❑ Wrecking I Burning ❑ Implosion ❑ Moving ❑ Other, specify: 0 Signature: Print Name: Landfill Receiving Building Debris: tBurning requires additional authorization — Please call (303) to speak to the Open Burning Permit Coordinator 692-3100 and ask Asbestos Rem%va0 C i- ntract r General Abatement Contractor (GAC) N/A c' c Owner's Name: CDPHE Asbestos Permit # Total Quantity of Asbestos Removed O) Street: Date Removal Completed Telephone # Ci City: State: Zip Code: ( ) iniii Type(s) of Asbestos -Containing Material Removed: Contact's Name: Telephone # ( ) Is O With an Asbestos my signature Building below, Inspector. I certify I that also I certify possess that current I have AHERA thoroughly accreditation inspected and the state facility of to Colorado be demolished, certification as as listed t a c = in the asbestos facility.* Demolition I by also a NVLAP-accredited certify Site block that I above, have laboratory, informed sampled the all and suspect owner/operator have determined materials, of the had that facility all no samples Regulated or the demolition analyzed ACM exists for the contractor anywhere presence that of in the any ' 2 s W Z47. asbestos of ACM -containing remaining, material below: (check allowed appropriate to stay in the facility box(es)): must remain non -friable during demolition. Specify type(s) i mf Vinyl asbestos floor tile (VAT) VAT mastic Tar/asphalt impregnated roofing Asphaltic pipe coatings U Spray -applied tar coatings Caulking Glazing Other, specify: a) Signature: (In Blue Ink) Printed Name: cu Andrew Dunnell U Date of Final Inspection June 23, 2021 CO Cert # 15895 Expiration October Date 179 2021 Telephone # Cell Phone # 970 222-6849 ilding nor or tractor verify that all refrigerants from air conditioning/refrigeration 15 (for information on CFC requirements disposed of in accordance with 6 CCR appliances call 692-3100). I further verify 1007-1 subpart 3.6.4.3 (for information have been properly recovered in accordance that all luminous exit signs (containing on luminous exit sign requirements with AQCC Regulation No. radioactive material) have been call 303-6923320). CHECK THE APPROPRIATE BOX: = Oa Building Owner Contractor Other Date: (9 w �. _..,..._ .,ir. ,. ,xn. _. �yy / 5'J/J/�i/.%Y.Y..t..,a�.fE"'�[i.Y.�i.'Wiii.../r Signature: <.. ..,. r. r .r__r ...,.. r_ ..r r ,. , .,;, .. ,,.,....,/r-...... ,.,,,,: u. ,,.rc rn e; ..,-. e �:,.,:: „_ .n.. [ ...MSS /.'n /...vl,.. ... ./. h.9'.. N .<.. '//.....S.'n .. .. '....., t.A ..... /..K. Nr. a,� ry., y may/ ( . �./�.��2X p Y �f?^.. '^iJ��`iN.r<.✓`7�ZS: r.�r.�h: i.��/,./f��lr.,.��%*'r9 .�r�� 'Fi��rr *"'YM��` .. , �;' c � �' �%'<.l,'.,/�Y/ir x..F�ni7i,/.4 r'Si^i`�r?sic.�','< Print .r >-, ;r _., �yv�•" �g..22"'rcS'n:ia Name: ao ..� .;.,' <. .. ..,�;.: ,<,,.. r,. <... n.: r.�. /, ,. 4.,_....a < .. a,,,.:..../. ry..;.r� ., i =n...... ..... ,�.. �y p ..�%r/++'i,� r'..�.F"y. 4/n - .9�' . r.'ic�f.'R .G3' /..: . s .n,..o;. er ,:..c,n..,e r -' . n' r Ny ly _ s _ .^�/A,. r r � THIS Box IS FOR CDPHE USE ONLY: Postmark or Hand Delivery Date: Approved By: Code: initial -310 transfer -380 Form of Payment & #: Permit #: Record # Date Issued: * Regulated asbestos -containing materials means (a) friable asbestos -containing material, (b) Category I nonfriable ACM that has become friable, (c) Category I nonfriable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading or (d) Category II nonfriable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations regulated by this regulation. Note: Asbestos -containing sheet vinyl and linoleum must be properly abated/removed prior to demolition. Page 77 of 78 Form: DNA08 Rev. 0 1/3 0/08 Demolition Noti Application Form Information and Instructions: 1. To d ntermine the proper amount for the application fee, multiply the length of the building (lineal feet) by the width of thy: ouilding (lineal ,r'et). Divide the total by 1000, round the resul Lia to the next whole number and multiply this number by 5$. This is the square footage fee. Add the square fLege fee to the base fee of $50 and submit the total amount to the Division along with the demolition notice application form. Ex: 40ft. x 52ft, = 2080 square feet; 2080/1000 = 2.08 (round up to 3); 3 x $5 = $15 (square otage fee) $15 + $50 (base fee) _ $65 total application fee. 2. In the event that My a load -bearing member is demolished, the square footege fee is calculated the sam way as in "number 1". However, you nly need to calculate the actual footprint of the load -bearing member. 3. All spaces must be filled in on the application. If the information is not applicable, please write N/A. Incomplete information may result in a delay in processing the application, which may deDay your project. 4. We must h ve proposcd start and end dates for the demolition. 5. There is a 10 working -day advance notification requirement for permit applications. Day 1 is the 1st business day following the postmark or hand -delivery date. (Working Day means Monday through Friday and including holidays that falls on any f the days Monday through Friday.) if a demolition follows a permitted or noticed asbestos abatement project within 10 business days of the completion of the abatement proj - ct, the 10 working -day advance notification requirement will be waived. 6. The Colorado -certified asbestos inspector must sign the form in blue ink. (Original signature must be submitted.) The building owner or the contractor must also sign the application certifying that all refrigerants and luminous signs have been properly remov sd from the site. 7. If the notice must be modified after the application has been submitted, notify the Asbestos Unit by fax at 303-762-0278 or e-mail at asbestos(state.co.us by the end of the next regular State business day following the modification. Project modifications include discovery of unidentified asbestos -containing materials, changes in scope of work or the scheduled work dates. Please use the Permit/Notice Modification Form. 8 Recycling materials, such as concrete or wood, that re bonded or contamin ted with asbestos& containing material ( ACM), such as floor the or m stic, is NOT permitted. 9. Demolition of a building that has non -friable asbest` s -containing materials remaining must oe completed without causing the asbestos -containing materials to become friable. Burning a building with any asbestos -containing materials is PROHIBITED. Concrete floors covered with floor tile shall be removed in as large sections as possible. Operations such . s crushing, pneumatic jacking, etc. of materials containing asbestos are not permitted. 10. All provisions of laws and ordinances governing this type of work shall be complied with whether specified herein or not. Demolition permits or approval notices appnaring to give authority to violate or override the provisions of any other laws or ordinancts shall be invalid. Furthermore, demolition permits or approval notices issued in error or based upon incorrect information supplied to the Division shall also be invalid. Page 78 of 78 Form: DNA08 Rev. 01/30/08 July 29, 2021 Bid Request No. B2100112, Hunt Property Demolition Project Weld County, Colorado ADDENDUM NUMBER ONE 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 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 reviewed or scored. CONTRACTOR QUESTIONS AND RESPONSES Question 1: Is an asbestos report available for review? Answer 1: The Bid Documents for this project include a copy of the asbestos report. Question 2: Is it acceptable to use the rock from the leach field in the basement backfill. Answer 2: As long as the rock is not contaminated and the appropriate compaction results can be achieved, the rock from the leach field can be used as backfill. Question 3: Can the contractor leave the rock in the leach field and remove only the plastic pipes? Answer 3: As long as the leach field is not elevated, the rock may be left in the leach field area. The plastic pipes will have to be removed and the leach field area will need to be leveled off and compacted. Question 4: Is the contractor responsible for removal of the old oil buckets and totes? Answer 4: Yes, the contractor is responsible for the removal and cleanup of all debris including the oil buckets and totes. The contractor is also responsible for removal of all debris and trash inside and outside of the buildings. Question 5: Is the contractor responsible for removal of the service pole for electricity? Answer 5: Yes, the contractor is responsible for the removal of the pole for electricity. The contractor is also responsible for the removal of all utilities associated with the property. This includes but is not limited to the water, gas, and lawn irrigation lines. The contractor will have to coordinate with the appropriate utility to ensure the disconnections are properly done. Question 6: Is the contractor responsible for removal of the North Weld County Water District's meter pit? Answer 6: The contractor is responsible for the removal lines from the meter pit into the property. North Weld County Water District will be responsible for removal of the meter and meter pit as part of their relocation of utilities for the project. Question 7: Has anybody expressed interest in the shop building? Answer 7: Yes, the County has been contacted by Kaycee Lytle. Mr. Lytle lives along CR 66 further to the east. The County will provide Mr. Lytle's contact information to the contractor selected for the project. Question 8: If the bidders need access to the property for inspection purposes, can access be arranged? Answer 6: Yes. Contact Clay Kimmi at 970-400-3741 to arrange a time to meet at the property. Prepared By: Clay Kimmi, P.E., Senior Engineer PRE -BID MEETING AGENDA/MINUTES Hunt Property Demolition Project Mandatory Pre -Bid Meeting Minutes July 28, 2021 1. Sign -in Sheet — Please sign the sign -in sheet. Please make sure your printing is legible or provide a business card to Clay Kimmi to ensure your contact information is correct. If you do not sign in, you will not be counted as present and you will not be able to submit a bid. 2. Project Description/Location a. This bid is for the demolition of the Hunt property located at 19999 County Road 66, Greeley, CO. b. This is a turn -key demolition project to remove the house, shop, foundations, septic system and leach field, asphalt and concrete pads, trees and vegetation, and other miscellaneous landscaping materials to facilitate the new reconstruction of the CR 66 and CR 41 intersection. 3. Project Materials Testing and Inspection a. Contractor is responsible for compaction testing when backfilling the holes for the basement, septic tank, and leach field. Compaction shall follow the process described in the bid documents. b. Construction administration and inspections will be provided by Weld County Staff. 4. Bidding Requirements a. All bids must be emailed to bids@weldgov.com b. Note the insurance requirements for the job (i) See pages 10-13 and 37-39 of the bid documents for the project insurance requirements. (ii) Weld County, Colorado, it elected officials, and its employees must be included as additional insureds. (iii) Pollution Liability and Builder's Risk insurance is required. c. Last day for questions is 7 a.m. on August 2, 2021. d. Bid closes at 10 a.m. on August 5, 2021. Bids will be opened by the Purchasing Office. Bid opening will occur on a Teams conference call in which the bidders and the bid amounts will be read. The Teams conference call will start at 10:30 a.m. 5. Project Completion Date a. Project is a completion date contract (i) Completion Date is October 29, 2021. No weather days or less than full-time charged days will be granted 6. Required Permits (i) CDPHE Demolition Permits (ii) Weld County Demolition Permits — Fees will be waived. 7. Coordination and Protection of Existing Utilities a. Contractor shall be responsible for protection of all existing utilities and coordination with the affected companies during demoliion. 8. Questions? a. All questions after the Pre -Bid meeting must be submitted in writing to Clay Kimmi at ckimmi@weldgov.com. Clay's office phone number is 970-400-3741. b. Last day for questions is 7 a.m. on August 2, 2021. c. Final Addendum will be posted by 5 p.m., Tuesday, August 3, 2021 d. Bids are due by 10 am on August 5, 2021. Bids will be opened at 10:30 on a Teams conference call. e. Addendum 1 will be posted to BidNet following the pre -bid meeting. PRE -BID MEETING ATTENDANCE LIST RFP# B2100101 CR 47 and Hwy 392 Signalization Project Mandatory Pre -Bid Meeting Attendance Sheet May 26, 2021 at 10 am Teams Conference Call Name Company Phone Number E-mail Clay Kimmi Weld County Public Works 970-400-3471 ckimmi@weldgov.com Myles Gochis Alpine Demolition 303-500-4190 myles@alpinedemolition.com Josh Duran Duran Excavating 970-351-0192 ioshd@duranexcavating.com Don Buxman Buxman Excavating 970-301-6038 don@buxmanexcavating.com Jim Sinclair Agisi Environmental Services 720-445-0226 Jim.Sinclair@agisienvironmental.com Jordin Toedti Hudspeth 303-656-1952 itoedti@hudspethinc.com RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. Addendum No. Addendum No. Addendum No. Date: By: Date: By: Date: By: Date: By: Contractor agrees to perform all Work described in the Contract Documents for the prices as shown in the Bid Tabulation. Progress payments shall be based on a percentage of the Lump Sum price shown in the bid tabulation which has been completed or the actual quantities furnished, installed or constructed. The undersigned, by his/her signature, hereby acknowledges and represents that: 1. Performance of each and every portion of the Work is included as part of the Contractor's Price. 2. All designs, equipment, materials, labor, insurance and bond premiums, offices, other overhead, profit and services relating to the Contractor's performance of its obligations under the Contract Documents (including all Work, Warranties, equipment, materials, labor, and services provided by subcontractor and intellectual property rights necessary to perform the Work) are included as part of the Contractor's Price. 3. The cost of obtaining all Governmental Approvals (except for approvals which are the responsibility of the County, as specifically provided elsewhere in the Contract Documents) is included as part of the Contractor's Price. 4. All costs of compliance with and maintenance of the Governmental Approvals and compliance with legal requirements are included as part of the Contractor's Price. 5. Payment of any taxes, duties, permit fees, and other fees and/or royalties imposed with respect to the Work and any equipment, materials, labor, or services included therein are included a part of the Contractor's Price. 6. All fines, penalties, and damage payments to others as Contractor is obligated to pay herein are include as part of the Contractor's Price. 7. The Contractor's Price proposed herein meets all the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B2100101 8. The signatory is authorized to bind the below -named contractor for the amount shown on the accompanying bid tabulation. 9. The signed bid submitted, all the documents of the Request for Proposal 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. 10. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BY (Please print) BUSINESS ADDRESS DATE CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID. FAILURE TO SUBMIT A W-9 SHALL RESULT IN THE BID NOT BEING ACCEPTED.** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. August 3, 2021 Bid Request No. B2100112, Hunt Property Demolition Project Weld County, Colorado ADDENDUM NUMBER TWO 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 reviewed or scored. CONTRACTOR QUESTIONS AND RESPONSES Question 1: Since the power/gas/water is still on we assume that there will be an outstanding balance due for its individual use. The utility companies will not schedule a disconnection unless all the monthly payments are current. Will the contractors be given permission to act as the County's agent to schedule the disconnections? Answer 1: It is the County's understanding that the gas has already been disconnected. Water is in the County's name. It is our understanding power is also in the County's name. It is also our understanding that the monthly bills have been paid. If a utility requires documentation to show the Contractor is working on our behalf, the County will provide the permission required for them to act as our agent. Question 2: Is it know where the gas company will want to cap the service off at? Answer 2: Coordination with the various utility companies will be the responsibility of the Contractor. The various utility companies are aware that the County will be demolishing the buildings on the property as part of the CR 66 intersection project. A meeting was held with the affected utility companies on July 29, 2021 in which the companies were informed that they needed to provide the disconnections. 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. Addendum #1 Addendum No. Addendum #2 Addendum No. Addendum No. Date: By: Date: By: Date: By: Date: By: Contractor agrees to perform all Work described in the Contract Documents for the prices as shown in the Bid Tabulation. Progress payments shall be based on a percentage of the Lump Sum price shown in the bid tabulation which has been completed or the actual quantities furnished, installed or constructed. The undersigned, by his/her signature, hereby acknowledges and represents that: 1. Performance of each and every portion of the Work is included as part of the Contractor's Price. 2. All designs, equipment, materials, labor, insurance and bond premiums, offices, other overhead, profit and services relating to the Contractor's performance of its obligations under the Contract Documents (including all Work, Warranties, equipment, materials, labor, and services provided by subcontractor and intellectual property rights necessary to perform the Work) are included as part of the Contractor's Price. 3. The cost of obtaining all Governmental Approvals (except for approvals which are the responsibility of the County, as specifically provided elsewhere in the Contract Documents) is included as part of the Contractor's Price. 4. All costs of compliance with and maintenance of the Governmental Approvals and compliance with legal requirements are included as part of the Contractor's Price. 5. Payment of any taxes, duties, permit fees, and other fees and/or royalties imposed with respect to the Work and any equipment, materials, labor, or services included therein are included a part of the Contractor's Price. 6. All fines, penalties, and damage payments to others as Contractor is obligated to pay herein are include as part of the Contractor's Price. 7. The Contractor's Price proposed herein meets all the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B2100101 8. The signatory is authorized to bind the below -named contractor for the amount shown on the accompanying bid tabulation. 9. The signed bid submitted, all the documents of the Request for Proposal 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. 10. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BY (Please print) BUSINESS ADDRESS DATE CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID. FAILURE TO SUBMIT A W-9 SHALL RESULT IN THE BID NOT BEING ACCEPTED.** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. Rose Everett From: Sent: To: Subject: Attachments: Don Buxman <don@buxmanexcavating.com> Wednesday, August 4, 2021 8:38 AM bids Hunt Property Demolition Weld County Demo bid.pdf Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Attached is our bid for the Hunt Property Demolition, #B2100112. I herby waive my right to a sealed bid. Thank you, Don Buxman I Owner I (970)-301-6038 I. SPECIFICATIONS: This bid is for the demolition of the Hunt property located at 19999 County Road 66, Greeley, CO. This is a turn -key demolition project to remove the house, shop, foundations, septic system and leach field, asphalt and concrete pads, trees and vegetation, and other miscellaneous landscaping materials to facilitate the new reconstruction of the CR 66 and CR 41 intersection. Demolition will include the following: 1. Demolition and removal of buildings, structures and foundations. 2. Demolition and removal of adjacent site improvements including but not limited to landscaping walls, landscaping materials, concrete pads, asphalt pads, cleanup of miscellaneous debris, etc, 3. Demoition materials are to be removed from site and disposed of in accordance with applicable directives. 4. Trees and shrubs are to be removed. 5. Removal of below -grade construction and utilities. 6. Contractor shall coordinate with utility companies to disconnect and remove service connections. 7. Fees for permits through Weld County will be waived. 8. Discomect, seal and cap the utilities in accordance will local codes. 9. Removal of septic system and leach field from service is required. Septic tank shall be completely removed from the property. Leach field shall be removed and backfilled with clean fill in accordance with the attached specifications. Inspection/certification by Weld County Public Health is required. 10. Storage or sale of removed items or materials on -site is not permitted 11. Work will comply with all applicable Federal, State and local laws, ordnances and regulatory requirements. 12. All hazardous materials (to include refrigerant) must properly be removed, evacuated, and disposed of by contractor during demolition process. 13. Refrigerant shall be removed, stored and disposed of in accordance with regulations. 14. Locate, identify, disconnect and seal/cap off utilities serving the buildings to be demolished. 15. The remaining holes in the site pad shall be backfilled with clean fill acceptable to Weld County. The level of the finished ground is to be level with pre -demolition grades. Backfilled holes shall be backfilled in accordance with the attached specification. The Contractor shall provide compaction testing results showing the backfilled holes were compacted in accordance with the specifications. 16. The buildings have been tested for Asbestos Containing Materials and no asbestos has been discovered. See attached report. 17 Conduct building demolition and debris removal operations to ensure minimum interference with roads, streets, walkways, and adjacent occupied facilities. 18. Following completion of the demolition items, the Contractor shall stabilize the site by mechanically crimping 1.5 tons of weed free straw per acre into the site. 19. Contractor is expected to enter in to a contract (sample attached). 20. No weekend work is allowed without written consent of the County's project manager. 21. Anticipated project start date is September 8, 2021. 22. Anticipated project completion date is October 29, 2021. PRICING: _ U U 00 TOTAL: $ ( 3 F%J �� LITYJME�AND'f) AT,IONV1jIj1 2fASTE MATERIALS WILL BE DISPOSED: RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. CITY, STATE, ZIP CODE: G%1 el,z , C (� TELEPHONE NO.: t )0- 30/- 610 30 FAX: _ PRINTED NAMEND TITLE: �� U +� �, 2 q.-► E-MAIL: fl r J'UXm Q n ilYe.z llQ 1 ril'+( , C�O r-i J **AII bidders shall provide a W-9 with the submission of their bid. Failure to submit a W-9 shall result in the bid not being accepted.** You do not need to send back pages 1 through 13. Weld County is exempt from Colorado sales taxes. The certificate of exemption number is #98-03551- 0000. SIGNATURE: d Addendum No. Date: By: Addendum No. Date: By: Contractor agrees to perform all Work described in the Contract Documents for the pricing as shown above. Progress payments shall be based on a percentage of the Lump Sum price shown in the pricing above which has been completed. The undersigned, by his/her signature, hereby acknowledges and represents that: 1. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 2. Performance of each and every portion of the Work is included as part of the Contractor's Price. All designs, equipment, materials, labor, insurance and bond premiums, offices, other overhead, profit and services relating to the Contractor's performance of its obligations under the Contract Documents (including all Work, Warranties, equipment, materials, labor, and services provided by subcontractor and intellectual property rights necessary to perform the Work) are included as part of the Contractor's Price. All costs of compliance with and maintenance of the Governmental Approvals and compliance with legal requirements are included as part of the Contractor's Price. The cost of obtaining all Governmental Approvals (except for approvals which are the responsibility of the County, as specifically provided elsewhere in the Contract Documents) is included as part of the Contractor's Price. All fines, penalties, and damage payments to others as Contractor is obligated to pay herein are include as part of the Contractor's Price. 3. Payment of any taxes, duties, permit fees, and other fees and/or royalties imposed with respect to the Work and any equipment, materials, labor, or services included therein are included a part of the Contractor's Price. 4. The Contractor's Price proposed herein meets all the conditions, specifications and special provisions set forth in the request for proposal for Request No. #62100112. 5. The signatory is authorized to bind the below -named contractor for the amount shown on the accompanying bid tabulation. 6. 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), 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. 7. 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 ounty. The bid(s) may be awarded to more than one vendor. FIRM: (i J[ (Jj(J�" 1\ C_xGGi-r,,,/,14L„ 14-__ BY: �Oi'� �'� )(ma)(mar'l l BUSINESS ( ease print) ?'1 ' `1 DATE: , 7 / 'a1 0 g0 I TAX ID #: 1YSr O )/ 30/1/ �7 7 Page 15 of 78 August 3, 2021 Bid Request No. B2100112, Hunt Property Demolition Project Weld County, Colorado ADDENDUM NUMBER TWO 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 reviewed or scored. CONTRACTOR QUESTIONS AND RESPONSES Question 1: Since the power/gas/water is still on we assume that there will be an outstanding balance due for its individual use. The utility companies will not schedule a disconnection unless all the monthly payments are current. Will the contractors be given permission to act as the County's agent to schedule the disconnections? Answer 1: It is the County's understanding that the gas has already been disconnected. Water is in the County's name. It is our understanding power is also in the County's name. It is also our understanding that the monthly bills have been paid. If a utility requires documentation to show the Contractor is working on our behalf, the County will provide the permission required for them to act as our agent. Question 2: Is it know where the gas company will want to cap the service off at? Answer 2: Coordination with the various utility companies will be the responsibility of the Contractor. The various utility companies are aware that the County will be demolishing the buildings on the property as part of the CR 66 intersection project. A meeting was held with the affected utility companies on July 29, 2021 in which the companies were informed that they needed to provide the disconnections. 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. Addendum #1 Date: r- -10.2 I By: 7) Addendum No. Addendum #2 Date: 5 ' Y ; (L2 / By: Addendum No. Date: By: Addendum No. Date: By: Contractor agrees to perform all Work described in the Contract Documents for the prices as shown in the Bid Tabulation. Progress payments shall be based on a percentage of the Lump Sum price shown in the bid tabulation which has been completed or the actual quantities furnished, installed or constructed. The undersigned, by his/her signature, hereby acknowledges and represents that: 1. Performance of each and every portion of the Work is included as part of the Contractor's Price. 2. All designs, equipment, materials, labor, insurance and bond premiums, offices, other overhead, profit and services relating to the Contractor's performance of its obligations under the Contract Documents (including all Work, Warranties, equipment, materials, labor, and services provided by subcontractor and intellectual property rights necessary to perform the Work) are included as part of the Contractor's Price. 3. The cost of obtaining all Governmental Approvals (except for approvals which are the responsibility of the County, as specifically provided elsewhere in the Contract Documents) is included as part of the Contractor's Price. 4. All costs of compliance with and maintenance of the Governmental Approvals and compliance with legal requirements are included as part of the Contractor's Price. 5. Payment of any taxes, duties, permit fees, and other fees and/or royalties imposed with respect to the Work and any equipment, materials, labor, or services included therein are included a part of the Contractor's Price. 6. All fines, penalties, and damage payments to others as Contractor is obligated to pay herein are include as part of the Contractor's Price. 7. The Contractor's Price proposed herein meets all the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B2100101 8. The signatory is authorized to bind the below -named contractor for the amount shown on the accompanying bid tabulation. 9. The signed bid submitted, all the documents of the Request for Proposal 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. 10. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM • t1I/Th(1 rl X��+�'� l/'' <<-C BY , PC,) 73 (-7,-)1 6 (Please print) BUSINESS fJ ADDRESS 3. / 5C3 (* V U.7 T)" c!c' at/ , DATE - Y/ CITY, STATE, ZIPCODEGA, (le C O 5'D 3 TELEPHONE NO MI 3oL 6t3,4 FAX TAX ID # Q • %/ 3O/7 SIGNATURE J E-MAIL al 1 c Xi`t7 r r) ex co, (/4 4/.7 , c It rr-1 **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID. FAILURE TO SUBMIT A W-9 SHALL RESULT IN THE BID NOT BEING ACCEPTED.** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. W-9 iPee Nti,tu,t 2013) i)epalurad of lh•a I Pelsmy lend •:d lee S,a Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. eu ix w C O O U � C C CC Nair.. 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The TIN prodded must match the name given on the Name' line Soaal security number to avoid backup -withholding For rndieiduafs, this is your social security number (SSN) However. for a resident alien, sole proprietor. or disregarded entity. see the Pail I instructions on page 3 For other 11 • - entities, it is your employer identification number (EIN) If you do not have a number. see How. to get 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 Part II Certification ii Employer identirioabon number /3,W Under penalties of perjury I certify that t 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 IRShas 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 codes) entered on this form (if any) indicating that I ern exempt Certification instructions. You roust cross out item 2 above if you have been oecause you have failed to report all interest and dividends on your tax return interest paid, acquisition or abandonment of secured property, cancellation of generally, payments other than Interest and dividends, you are not required to Irtsstructfons on page 3. Sign Signature of f Here U.S. person► General Instructions from FATCA reporting is correct robbed by the IRS that you are currently subject to backup) tritnhOtding For real estate transactions. item 2 does not apply. 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Iwr,, ,11 -.fr .t veely nn t- ,hat tax ble, Inr,um - 1,0m ,urh bosnien,, ftuIle. in seylaei causes late a Fom, YY_n has not b•+•n rn Crrvrvl IIle rule. onele•, s,•,:non 11.Ir; rr:riinr,• al pareis-t hip IO produn•t IlistI ., p.a Ine=1 e. n Inr aiin pars ,, anal pat the .:ee:l,nrl 1-1441 ,alhli„ IJinn lax fleretu,t-. 11 you nr,• U.S. person Itihs a partner in a parfnershes co iducbng n bade or business in the United Stales, provide Form Wolf to the partn,xdiip t,.x,ttblixh vow U S. status .alt avnkt ,,xxtinn 1•t.tr. nriptlineftne cm Was share of p:ttmtotiip mentor, :al No. iu231x room W -9 1R,:•,. a-2iIf3) Page 17 of 78 Contract Form New Contract Request Entity information Entity Name* BUXMAN EXCAVATING, LLC Entity ID* ^00025996 Contract Name* DEMOLITION OF STRUCTURES AT 19999 CR 66 Contract Status CTB REVIEW Contract ID 5216 Contract Lead* CKIMMI New Entity? Parent Contract ID 20212392 Requires Board Approval YES Contract Lead Email Department Project # CKimmi,aco.weld.co.us GR-45 Contract Description * CONTRACT FOR THE DEMOLITION OF STRUCTURES AT 19999 CR 66 (HUNT PROPERTY). INCLUDES THE DEMO OF A HOUSE, SHOP, SEPTIC SYSTEM, AND LANDSCAPING FEATURES. Contract Description 2 Contract Type AGREEMENT Amount * S38,600.00 Renewable* NO Automatic Renewal NO Grant no IGA no Department PUBLIC WORKS Department Email CM- PublicWorksgweldgov.com Department Head Email CM-PublicWorks- DeptHeadrveldgov.com County Attorney BOB CHOATE County Attorney Email BC HOATE@CO. WELD.CO. U S If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date* 08j30:2021 Due Date 08:26;2021 Will a work session with BOCC be required?* HAD Does Contract require Purchasing Dept. to be included? YES Bid/RFP#* B2100112 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 I1 () alb Contact Name Contact Type li CONSENT :e JAY MCDONALD DI Approved Date 08/23/2021 Fin BOCC Signed Date BOCC Agenda Date 08/3012021 Originator CKIMMI Review Date * 08!23x2021 Committed Delivery Finance Approver CONSENT Renewal Date Expiration Date* 10'31/2021 Contact Phone 1 Contact Phone 2 Purchasing Approved Date 08,23,`2021 Legal Counsel CONSENT Finance Approved Date Legal Counsel Approved Date 08/2312021 08,2312021 Tyler Ref AG 083021 MEMORANDUM Date: August 10, 2021 To: Rob Turf, Purchasing Manager From: Clay Kimmi, Senior Engineer RE: Bid Request No. B2100112 Hunt Property Demolition Bids were received and opened on August 5, 2021 for the demolition of structures at 19999 WCR 66 (Hunt Property). Four (4) bids were received. The bid prices ranged from $38,600.00 to $120,000.00. The Engineer's Estimate for this project was $45,000.00. This project is included in the 2021 Public Works budget. The submitted bids were reviewed for errors and completeness. There were no errors in the bid received from the contractors. The bid tabulation is included with this document. Public Works recommends awarding the construction contract to the low bidder, Buxman Excavating, for a total amount not to exceed $38,600.00. Construction is anticipated to commence in late September and is planned to be completed by November 1, 2021. aocgi- a.39,a Eooiq WELD HUNT PROPERTY BID AUGUST TABULATION COUNTY DEMOLITION 5, 2021 UNIT QUANTITY UNIT PRICE TOTAL PRICE WELD COUNTY ESTIMATE LS 1 $ 45,000.00 $ 45,000.00 BUXMAN EXCAVATING LS 1 $ 38,600.00 $ 38,600.00 HUDSPETH DS PETH & ASSOCIATES LS 1 $ 43, 042.48 $ 43, 042.48 AGISI ENVIRONMENTAL LS 1 $ 65,002.00 $ 65,002.00 DURAN EXCAVATING LS 1 $ 120,000.00 $ 120,000.00 Apparent Low Bidder WELD COUNTY PURCHASING 1150 O Street, Room 107, Greeley, CO 80631 E -Mail: cmpeters c(�weldgov.com E-mail: reverettc weldgov.com E-mail: rturf(a)weldgov.com Phone: (970) 400-4223, 4222 or 4216 Fax: (970) 336-7226 DATE OF BID: AUGUST 5, 2021 REQUEST FOR: 19999 COUNTY ROAD 66, DEMOLITION PROJECT (HUNT PROPERTY) DEPARTMENT: PUBLIC WORKS BID NO: #62100112 PRESENT DATE: AUGUST 9, 2021 APPROVAL DATE: AUGUST 23, 2021 VENDOR TOTAL LOCATION OF DISPOSAL BUXMAN EXCAVATING LLC $38,600.00 32186 COUNTY ROAD 29 GREELEY CO 80631 HUDSPETH & ASSOCIATES $43,042.48 4775 SOUTH SANTA FE CIRCLE ENGLEWOOD CO 80110 AGISI ENVIRONMENTAL $65,002.00 11479 SOUTH PINE DRIVE PARKER CO 80134 DURAN EXCAVATING $120,000.00 14332 CR 64 GREELEY CO 80631 PUBLIC WORKS DEPARTMENT IS REVIEWING THE BIDS. 8/9 NORTH WELD LANDFILL NORTH WELD COUNTY LANDFILL WASTE MANAGEMENT AULT FACILITY NORTH WELD LANDFILL 2021-2392 Hello