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Home My WebLink About20181084.tiffX9 3G '7 CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND ALL COWBOY EROSION CONTROL This Agreement Extension/Renewal ("Renewal"), made and entered into 3 day of May, 2020, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the "Department", and All Cowboy Erosion Control, LLC hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. B1800076 / 2018-1084, approved on May 14, 2018. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The renewal Agreement will end on May 2, 2020. • The parties agree to extend the Original Agreement for an additional 1 (one) period, which will begin May 3, 2020 and will end on May 2, 2021. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. This extension will be the third year of a possible three-year contract 2. The 2019 Bid Schedule of the contract shall be replaced by the attached 2020 Bid Schedule, which is attached hereto and incorporated by reference. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: AtiCtukok,‘Eros► n C.D Afri Printed Name Signs Genf Afl.e , 06103 / BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO EST: YOlgtrA00 v'jeld4; 11 d County Clerk to the Board Deputy Clerk to the Board JUN 0 32020 Mike Freeman, Chair e ceo) A018- leilq 2020 BID SCHEDULE EROSION CONTROL AND REVEGETATION ITEM ITEM DESCRIPTION UNIT UNIT PRICE ($) 101 PROJECT MANAGEMENT (MEETINGS) HR 9 201 CLEARING AND GRUBBING ACRE 4150 202 REMOVAL OR MAINTENANCE OF EROSION LOG (12 INCH) (10 FOOT) EACH I 0 202 REMOVAL OR MAINTENANCE OF EROSION BALES EACH s 202 REMOVAL OR MAINTENANCE OF SILT FENCE LF 202 REMOVAL OR MAINTENANCE OF SEDIMENT BASIN (L= 20 FOOT, W=5 FOOT, D= 2 FOOT) EACH 300 207 TOPSOIL CY `� 208 EROSION LOGS (Type I) (12 INCH) (10 FOOT) EACH .30 208 EROSION BALES (WEED FREE) EACH CC 208 SILT FENCE LF 1 . 05 208 SEDIMENT BASIN (L= 20 FOOT, W=5 FOOT, D= 2 FOOT) EACH 500 208 SEDIMENT REMOVAL AND DISPOSAL HR 208 ROCK SOCK EACH S (oO 208 ORANGE CRUSH ECOGUARD BAGS EACH 143 .5b 212 SOD (LAWN) SF 212 SEEDING (NATIVE) (ROADWAY) (NORTH OF WCR 74) ACRE 212 SEEDING (NATIVE) (ROADWAY) (SOUTH OF WCR 74) ACRE iCA5s 212 SEEDING (NATIVE)(PIERCE GRAVEL PIT) ACRE 915 212 SEEDING (NATIVE)(KOSKIE, LEHR, PIERCE NORTH, ASHBAUGH, FISCUS NORTH, AND GEISERT GRAVEL PITS) ACRE 375 212 SEEDING (NATIVE)(KOENIG, BEARSON, AND HOKESTRA GRAVEL PITS) ACRE 396 212 SEEDING (NURSE CROP) ACRE 50 212 BROADCAST SEENDING (NATIVE) SY ' , QQ 212 HYDRAULIC (SEEDING)(NATIVE) (NORTH OF WCR 74) ACRE 700 212 HYDRAULIC (SEEDING)(NATIVE) (SOUTH OF WCR 74) ACRE (05° 212 SOIL CONDITIONING ACRE 375 213 MULCH (STRAW) (WEED FREE) (1.5 TONS/ACRE) ACRE 435 213 HYDRAULIC MULCH (1.5 TONS/ACRE) ACRE 10(?5 213 BIOTIC EARTH - HGM BLACK (4,500 LBS/ACRE) SY /. 2O 213 MULCH TACKIFIER (200 LBS) LBS , 90 213 BONDED FIBER MATRIX ACRE 3450 216 SOIL RETENTION BLANKET (STRAW/COCONUT) SY .341 216 CLASS 2 TRM (LANDLOK 450 OR APPROVED EQUIVALENT) SY (D.00 216 CLASS 3 TRM (LANDLOK 300 OR APPROVED EQUIVALENT) SY I A .00 216 CLASS 3 TRM (PYRAMAT OR APPROVED EQUIVALENT) SY I O ,0O 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 202) EACH -150 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 202) EACH (-15 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 208) EACH 95O 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 208) EACH (450 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 212 AND 213) EACH 750 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 212 AND 213) EACH O .750 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 216) EACH 950 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 216) EACH -I5O 630 TRAFFIC CONTROL - SIGNS ONLY (NO FLAGGERS) (MUTCD TA -6) DAY 355 630 TRAFFIC CONTROL - LANE CLOSURE (WITH FLAGGERS) (MUTCD TA -10) DAY I Sao The undersigned, by his or her signature, hereby acknowledges and represents that: 1J he bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for bid for Request No. #B1800076 2.mhe quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3.®e or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4.®he signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. FIRM) uixxi Crosion CoArts\ 8Y 1)rcckm >VM ) Own*. - El (Please print) BUSINESS ADDRESS WTI- C..CZ ofa DATE Li/101a1(7 CITY, STATE, ZIP CODE OA' 1.4 , Co gQ(oa 1 TELEPHONE NO ?O2 31b a 2b ' FAX 303 53 (a as y TAX ID # c�to- (.1135r i SIGNATURE VA -G --, E-MAIL Q,.\`C IJc O 1C rDSieYeor NCOi ,.CO'O'% WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. =� BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Weld County 2020 Renewal for Erosion Control and Re -vegetation DEPARTMENT: Weld County Public Works DATE: 5.11.2020 PERSON REQUESTING: Joshua Holbrook Brief description of the problem/issue: The Current contract for Erosion Control and Re -vegetation services between Weld County and All Cowboy Erosion control is nearing expiration. The contract allows for yearly extensions and possible rate adjustments. Per the contract, the allowable rate adjustments are based upon the yearly percent change (+/-) from the Denver/Boulder/Greeley Consumer Price Index (CPI), which has been changed to the Denver -Aurora - Lakewood Consumer Price Index. The Denver -Aurora -Lakewood CPI has a 1.924% increase for this year. All Cowboy Erosion Control is requesting a 0.08% cost increase for 2020. This extension would be the third year of a possible three-year term limit. Attached to this pass around is a copy of the contract extension/renewal, the 2020 Bid Schedule, and cost comparison from 2019 to 2020. The budgeted amount for 2020 is $414,000.00. All Cowboy was awarded this contract in 2018 and Public Works has been satisfied with their work. What options exist for the Board? (include consequences, impacts, costs, etc. of options): The Board may request a work session to discuss this further. Recommendation: Staff Recommends approval for the attached 2020 control renewal for All Cowboy Erosion Control. Approve Recommendation Mike Freeman, Chair Scott K. James Barbara Kirkmeyer, Steve Moreno, Pro -Tern Kevin D. Ross Attachments: 2020 Rate Schedule 2019-2020 cost comparison Cc: Jay McDonald, Director of Public Works Elizabeth Relford, Deputy Director Curtis Hall, Deputy Director Don Dunker, County Engineer Schedule Work Session Qther/Comments: Bond Number: 2286152 PERFORMANCE BOND PROJECT: EROSION CONTROL AND REVEGETATION SERVICES FOR 2019 KNOW ALL MEN BY THE PRESENTS; that All Cowboy Erosion Control, LLC. (Name of Contractor) 18277 County Road 22, Fort Lupton, CO 80621 (Address of Contractor) Corporation called Contractor, and a (Corporation, Partnership, or Individual) North American Specialty Insurance Company hereinafter (Name of Surety) 1200 Main Street, Suite 800, Kansas City, MO 64105 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado, P.O. Box 758, 1111 H Street, Greeley, Colorado 80632, hereinafter called Owner, in the penal sum of Four Hundred Forty Thousand and No/100 Dollars, ($ 440,000.00 ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the 3rd day of May ,2020 , a copy of which is hereto attached and made a part hereof for the construction of: PROJECT Erosion Control and Revegetation Services for 2020 described in the Invitation for Bids, Bid No. B1800076 NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. BID NO #B1800076 Page 41 PERFORMANCE BOND PROJECT: EROSION CONTROL AND REVEGETATION SERVICES FOR 2019 IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this 20th day of May , 2020 All Cowboy Erosion Control. LLC. Contractor By Harm, Krum ctor) Se (SEAL) 18277 CR 72 (Witness°ateti ` 414t 4b)1 (Address) ATTEST: (SEAL) (Surety) Secretary zwn Witness a t Surety Chloe Brown 7600 E Orchard Rd Suite 230S (Address) Gre nwnnd Village, CO 80111 18277 County Road CC (Address) Fort Lupton, CO 80621 North American Specialty Insurance Company ttorney-in-Fact Sarah Brov n 120 + Main Street, Suite 800 (Address) Kansas City, MO 64105 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID NO #B1800076 Page 42 Bond Number: 2286152 LABOR & MATERIALS PAYMENT BOND PROJECT: EROSION CONTROL AND REVEGETATION FOR 2019 KNOW ALL MEN BY THE PRESENTS; that All Cowboy Erosion Control, LLC. (Name of Contractor) 18277 County Road 22, Fort Lupton, CO 80621 (Address of Contractor) Corporation hereinafter called Contractor, and a (Corporation, Partnership, or Individual) North American Specialty Insurance Company (Name of Surety) 1200 Main Street, Suite 800, Kansas City, MO 64105 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado, P.O. Box 758, 1111 H Street, Greeley. Colorado 80632, hereinafter called Owner, in the penal sum of Four Hundred Forty Thousand and No/100 Dollars ($ 440,000.00 ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the 20th day of May , 2020, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: Erosion Control and Revegetation Services for 2020 described in the Invitation for Bids, Bid No. B1800076. NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void,; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. BID NO #B1800076 Page 43 LABOR & MATERIALS PAYMENT BOND IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this 20th day of May 18277 CR 22 For Lupton, CO 80621 (Witness as to Contractor) (Address) ATTEST: N/A (Surety) Secretary (SEAL) All Cowboy Erosion Control, LLC. Contractor By SC M\ �)�`�jt h 18277 County Road 22 (Address) Fort Lupton. CO 80621 North American Specialty Insurance Company atOiri Witness as to Surety Chloe Brown 7600 E Orchard Rd Suite 230S (Address) Greenwood Village, CO 80111 00 Main Street, Suite 800 191 ey-in-Fact Sarah Brown (Address) Kansas City, MO 64105 2019. NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID NO #51800076 Page 44 State of Illinois County of Cook ss: SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Kansas City, Missouri and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City, Missouri, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri does hereby make, constitute and appoint: DON APPLEBY, MARK SWEGART, SARAH BROWN, TODD BENGFORD, SUSAN J. LATTARULO FLORIETTA ACOSTA, and ASHLEA McCAUGHEY JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." FttONu iq SEAL By P. Anderson, Senior Vice President of Washington Internatlansl insurance Company' & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation By Mike A. Ito, Senior Vice President of Washington international lnsuraare Company & Senior Vice President of North Amerkan Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 5TH day of FEBRUARY , 20 19 , North American Specialty Insurance Company Washington International Insurance Company Westport Insurance Corporation On this 5TH day of FEBRUARY , 2O 19, before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL at KENNY Notary Pudk • State of Itite,s My Commission fumes 121002021 M. Kenny, Notary Public I, Jeffrey Goldberg , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 20th day of May , 2020 . Jeffrey Coldhcrg, Vico President & Assistant Secretary of Wuhington International Insurance Company & North American Specialty Insurance Company & Vice President & Assistant Secretary of Westport Insurance Corporation DONNA ALLCOWB-01 - 1 ACORO° `,---- CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 8/13/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of suchppendorsement(s). PRODUCER Renaissance Insurance Group PO Box 478 Windsor, CO 80550 NAMEACT Donna Birleffi PHONEFAX (A/C, No, Ext): (970) 545-3598 (A/C, No): A DRESS: donna@reninsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Employers Mutual Casualty Co 21415 INSURED All Cowboy Erosion Control, LLC 18277 County Road 22 Fort Lupton, CO 80621 INSURER B: Milford Casualty Insurance Company INSURER C : Starstone Specialty Ins. Co. INSURERD: INSURER E : INSURER F : CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF IMM/DD/YYYY1 POLICY EXP IMM/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY X X 6L09357 8/15/2019 8/15/2020 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 500,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE POLICY OTHER: X LIMIT APPLIES JE(QT PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO OWNED AUTEO�S ONLY AUTOS ONLY SCHEDULED AUTOS SSWN AUTOS ONLY 6E09357 8/15/2019 8/15/2020 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY acEcidentDAMAGE $ $ UMBRELLA LIAB EXCESS UAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/M in BE EXCLUDED? NH)E.L. If yes, describe under DESCRIPTION OF OPERATIONS below N Y / N X N / A MWC1027989 8/15/2019 8/15/2020 X STATUTE OETH E.L. EACH ACCIDENT 1,000,000 $ DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ C Pollution N87807190AEM 8/15/2019 8/15/2020 Pollution Liability 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers are listed as additional insured as pertains to the General Liability policy, per written contract. Waiver of subrogation applies on the General Liability and Workers' Compensation policies. CERTIFICATE HOLDER CANCELLATION Weld County Department of Public Works PO Box 758 Greeley, CO 80632 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTICE OF RENEWAL 2020 Erosion Control and Revegetation Contract To: Brady Buum All Cowboy Erosion Control, LIC Fort Lupton, Colorado 80621 Project Description: 2020 Erosion Control and Revegetation Contract renewal, Bid No. 61800076 You are hereby notified that your renewal rates have been accepted. You are required by the Instructions to Bidders to execute the Renewal Agreement, Bonds and furnish the required Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. You are required to return an acknowledged copy of this Notice of Renewal to the Owner. Dated this 26 day of May 2020. Weld County, Colorado, Owner By S f� Joshua J. Holbrook, Construction Inspection Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by CC Eros 71'1 Con \ (Contractor) Dated this j_q___day of Of , 2020. By: Title: BID NO # 81800076 Page 1 Contract Form New Contract Request Entity Information Entity Name* Entity ID* ALL COWBOY EROSION CONTROL @00029034 LLC Contract Name* 2020 EROSION CONTROL AND REVEGETATION Contract Status CTB REVIEW Contract ID 3689 ❑ New Entity? Parent Contract ID Contract Lead* Requires Board Approval JHOLBROOK YES Contract Lead Email Department Project # Jholbrook@co weld co us Contract Description * THE CONTRACT IN GENERAL CONSISTS OF PLACING, MAINTAINING AND REMOVING EROSION CONTROL DEVICES. Contract Description 2 Contract Type RENEWAL Amount* $414.000.00 Renewable* NO Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email C M- PublicWorks@sveldgov corn Department Head Email CM-PublicWorks- DeptHead@weldgov.com County Attorney BOB CHOATE County Attorney Email BCHOATE@CO.WELD.CO US If this is a renewal enter previous Contract ID 20181084 If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date* 06108/2020 Due Date 06, 0412020 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP#* B1300076 Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnEase Contract Dates Effective Date Termination Notice Period Review Date* 01.11;2021 Renewal Date Committed Delivery Date Expiration Date * 05/02/2021 Contact Information Contact Info Contact Name Purchasing Purchasing Approver CONSENT Approval Process Department Head JAY MCDONALD DH Approved Date 06/01/2020 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 06/03/2020 Originator JHOLBROOK Contact Type Contact Email Finance Approver CONSENT Contact Phone I Contact Phone 2 Purchasing Approved Date 06/01/2020 Finance Approved Date 06/01/2020 Tyler Ref # AG 060320 Legal Counsel CONSENT Legal Counsel Approved Date 06/01/2020 Submit /0 oZ7.0� BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Weld County 2019 Renewal for Erosion Control and Re -vegetation DEPARTMENT: Weld County Public Works DATE: 4.8.2019 PERSON REQUESTING: Joshua Holbrook Brief description of the problem/issue: The Current contract for Erosion Control and Re -vegetation services between Weld County and All Cowboy Erosion control is nearing expiration. The contract allows for yearly extensions and possible rate adjustments. Per the contract, the allowable rate adjustments are based upon the yearly percent change (+/_) from the Denver/Boulder/Greeley Consumer Price Index (CPI), which has been changed to the Denver -Aurora - Lakewood Consumer Price Index. The Denver -Aurora -Lakewood CPI has a 2.731% increase for this year. All Cowboy Erosion Control is requesting a 0.11% cost increase for 2019. This extension would be the second year of a possible three-year term limit. Attached to this pass around is a copy of the contract extension/renewal, the 2019 Bid Schedule, and cost comparison from 2018 to 2019. The budgeted amount for 2019 is $330,000.00. All Cowboy was awarded this contract in 2018 and Public Works has been satisfied with their work. What options exist for the Board? (include consequences, impacts, costs, etc. of options): The Board may request a work session to discuss this further. Recommendation: Staff Recommends approval for the attached 2019 control renewal for All Cowboy Erosion Control. Approve Recommendation Sean P. Conway Mike Freeman, Pro-Tem Scott K. James Barbara Kirkmeyer, Chair Steve Moreno Attachments: 2019 Contract Extension/Renewal 2019 Rate Schedule 2018-2019 cost comparison Cc: Jay McDonald, Director of Public Works Elizabeth Relford, Deputy Director Curtis Dail, Deputy Director Don Dunker, County Engineer Schedule Other/Comments: cciL-R4,O2fJo/ce) DA.ie-g-g-.2)C_Ptd) .2o/1 /otr CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND ALL COWBOY EROSION CONTROL This Agreement Extension/Renewal ("Renewal"), made and entered into 3 day of May, 2019by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the "Department", and All Cowboy Erosion Control, LLC hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. B1800076 / 2018-1084, approved on May 14, 2018. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement will end on May 2, 2018. • The parties agree to extend the Original Agreement for an additional 1 (one) period, which will begin May 3, 2019 and will end on May 2, 2020. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. This extension will be the second year of a possible three-year contract 2. The 2018 Bid Schedule of the contract shall be replaced by the attached 2019 Bid Schedule, which is attached hereto and incorporated by reference. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: rkdA ,u M Printe t1:1.ar9 Signature ATTEST: Weld C BY: dteoitA) Jcit0;4. Deputy Cler to t e Boar BOARD OF COUNTY COMMISSIONERS WD COUNTY, COLORA Barbara Kirkmeyer, Chaif mAY 2 02019 ao/8- /084' 2019 BID SC REDLY L. RQJ N CONTROL AND REV G T T1ON O ,:, ITEM DESCRIPTION IO�� . UNIT J UNIT PRICE 101 ($) PROJECT MANAGEMENT (MEETINGS) --,. HR 9 201 CLEARING AND GRUBBING ACRE CO REMOVAL OR MAINTENANCE OF EROSION LOG (12 INCH) (10 FOOT) EACH 202 REMOVAL . . OR MAINTENANCE OF EROSION BALES EACH 202 REMOVAL .._ OR MAINTENANCE OF SILT FENCE LF Vc\. 202 REMOVAL OR MAINTENANCE 207 OF SEDIMENT BASIN (L= 20 FOOT, W=5 FOOT, D= 2 FOOT) EACH 3 OO TOPSOIL CY 208 EROSION LOGS (Type I) (12 INCH) FOOT) (10 I EACH 208 EROSION BALES (WEED FREE) EACH /SO208 SILT FENCE 208 LF i OS SEDIMENT BASIN (L= 20 FOOT, W=5 FOOT, D= 2 FOOT) EACH 5Oo 208 SEDIMENT REMOVAL AND DISPOSAL HR 208 ROCK SOCK EACH 208 5 ORANGE CRUSH ECOGUARD BAGS EACH 212 - _ :.. SOD (LAWN) SF SEEDING (NATIVE) (ROADWAY) (NORTH OF WCR 74) '2 ACRE 90 SEEDING (NATIVE) (ROADWAY) (SOUTH OF WCR 74) ACRE 212 SEEDINGA3so (NATIVE)(PIERCE GRAVEL PIT) SEEDING ACRE q,� (NATIVE)(KOSKIE, LEHR, PIERCE NORTH, i ? ASHBAUGH, FISCUS NORTH, AND GI=ISERT GRAVEL PITS) ACRE 3 7,5 212 SEEDING (NATIVE)(KOOENIG, BEARSON, AND HOKESTRA GRAVEL PITS) ACRE I 212 SEEDING (NURSE CROP) _ ACRE SO BROADCAST SEENDING (NATIVE) & SY 06 212 HYDRAULIC (SEEDING)(NATIVE) (NORTH OF WCR 74) ACRE HYDRAULIC (SEEDING)(NATIVE) (SOUTH OF WCR 74) ACRE 05 212 t SOIL CONDITIONING ACRE7 213 MULCH (STRAW) (WEED FREE) (1.5 TONS/ACRE) ACRE , HYDRAULIC MULCH (1.5 TONS/ACRE) ACRE /056 EIN BIOTIC EARTH — HGM BLACK (4,500 LBS/ACRE) lMN SY 1► MULCH TACKIFIER (200 LBS) LBS Q 90 213 BONDED FIBER MATRIX b ACRE 216 SOIL RETENTION BLANKET (STRAW/COCONUT) $ 1 SY 216 e CLASS 2 TRM (LANDLOK 450 OR APPROVED EQUIVALENT) SY 216 CLASS 3 TRM (LANDLOK 300 OR APPROVED EQUIVALENT) 216 CLASS 3 TRM (PYRAMAT OR APPROVED EQUIVALENT) 1 SY ::.e� - , ao 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 202) EACH i 950 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 202) EACH V56 626 MOBILIZATION NORTH OF HVVY 34 (ITEMS 208) EACH O 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 208) EACH / 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 212 AND 213) EACH 750 626 MOBILIZATION SOUTH OF HVVY 34 (ITEMS 212 AND 213) EACH 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 216) EACH `' 626 MOBILIZATION SOUTH OF HVVY 34 (ITEMS 216) EACH V 630 TRAFFIC CONTROL - SIGNS ONLY (NO FLAGGERS) (MUTCD TA -6) DAY - 30 TRAFFIC CONTROL - LANE CLOSURE (WITH FLAGGERS) (MUTCD TA -10) DAY The undersigned, by his or her signature, hereby acknowledges and represents that: 1.®he bid proposed herein meets all of the conditions, specifications and special provisions . p set forth in the request for bid for Request No. #B1800076 2.Cthe quotations set forth herein are exclusive of any federal excise taxes and all other stat e and local taxes. B.4 e or she is authorized to bind the below -named bidder for the amount shown on the acco mpanying proposal sheets. 4.The signed bid submitted, all of the documents of the Request for Bid contained herein • . (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by County. Count . FIRM (Please print) BUSINESS ADDRESS xs `-- >' C,K -Oa DATE CITY. STATE, ZIP CODE Vet TELEPHONE NO SIGNATURE -.R FAX .: , : 3 irs -d ---AX I _t e ,:t.tvya WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER 3 IS �9$-0.�S51_ 0000. Erosion Control and Revegetation Contract / #B1800076 2018 2019 All Cowboy Erosion All Cowboy Erosion Control Control ITEM DESCRIPTION ITEM UNIT UNIT PRICE (5) UNIT UNIT COST % CHANGE PROJECT MANAGEMENT (MEETINGS) 101 HR $ 99.00 HR $ 99.00 0.00% CLEARING AND GRUBBING 201 ACRE $ 450.00 ACRE $ 450.00 0.00% REMOVAL OR MAINTENANCE OF EROSION LOG (12 INCH)(1Q FOOT) 202 EACH $ 10.00 EACH $ 10.00 0.00% REMOVAL OR MAINTENANCE OF EROSION BALES 202 , EACH 5.00 EACH $ 5.00 0.00% REMOVAL OR MAINTENANCE OF SILT FENCE 202 LF $ 0.60 LF $ 0.60 0.00% REMOVAL OR MAINTENANCE OF SEDIMENT BASIN (L= 20 FOOT. W=5 Fool_ D= 2 FOOT) 202 EACH $ 300.00 EACH $ 300.00 0.00% TOPSOIL 207 CY $ 27.00 CY $ 27.00 0.00% EROSION LOGS (12 INCH)(10 FOOT) 208 EACH S 30.50 EACH $ 31.00 1.61% EROSION BALES (WEED FREE) 208 EACH $ 10.50 EACH $ 10.50 0.00% SILT FENCE 208 LF $ 1.05 LF $ 1.05 0.00% SEDIMENT BASIN (L= 20 FOOT. W=5 FOOT. D= 2 FOOT) 208 EACH $ 500.00 EACH $ 500.00 0.00% SEDIMENT REMOVAL AND DISPOSAL 208 HOUR S 60.00 HOUR $ 60.00 0.00% ROCK SOCK 208 EACH $ 65.00 EACH $ 65.00 0.00% ORANGE CRUSH ECOGUARD BAGS 208 EACH $ 14350 EACH $ 143.50 0.00% SOD (LAWN) 212 SF $ 2.00 SF $ 2.00 0.00% SEEDING (NATIVE) (ROADWAYXNORTH WCR 74) 212 ACRE $ 385.00 ACRE $ 390.00 L28% .SEED1 G (NATIVE) (ROADWAY)(SOUTH WCR 74) 212 ACRE ACRE 345.00 $ 350.00 IA31% SEEDING (NATI'i'E)(PIERCE GRAVEL PIT) 212 ACRE $ 475.00 ACRE $ 475.00 0.00% S3 -t -DING (NATIVE) (KOSKFF_ LEHR. PIERCE NORTH, 212 ACRE ACRE ASHEAU• IIL FISCUS NORTH AND GFTSERT $ 375.00 $ 375.00 0.00% SEEDING ('NATIVTX KOENIG. BEARSON, AND IIOKESTRA GRAVFI PITS) 212 ACRE ACRE s 340.E $ 340.00 0.00% SEEDING NURSE CROP) 212 ACRE $ 50.00 ACRE $ 50.00 0.00% BROADCAST SEE.NDING (NATIVE) 212 SY S 1.00 SY $ 1.00 0.0Q% HYDRAULIC (SEEDINGXNi ATIVE)(NORTH WCR 74) 212 ACRE $ 700.00 ACRE $ 700.00 0.00% HYDRAULIC (SEEDING)(NATIVEXSOUTH WCR 74) 212 ACRE ACRE $ 65050 S 650.00 0.00% SOIL CONDITIONING 212 ACRE $ 375.00 ACRE $ 375.00 0.00% MULCH (STRAW) (WEED FREE) (1.5 TONS/ACRE) 113 ACRE S 425.00 ACRE $ 430.00 1.16% HYDRAULIC MULCH (STRAW) (WEED FREE) (1.5 TONS/ACRE.)213 ACRE 1.050.00 ACRE $ 1.050.00 0.00% BIOTIC EARTH - HUM BLACK (4.500 LBS/ACRE) 213 SY SY $ LSO $ 1.80 0.00% MULCH TACK'IFIER (200 LBS) 213 LBS $ 2.90 LBS $ 2.90 0.00% BONDED FIBER MATRIX 213 ACRE 5 3,420.00 ACRE $ 3,420.00 0.00% SOIL RETENTION BLANKET (STRAW/COCONUT) 216 SY SY $ 2.34 $ 2.34 0.00% CLASS 2 TRM (LANDLOK 450 OR APPROVED EQUIVALENT) 216 SY $ 6.00 SY $ 6.00 0.00% CLASS 3 TRM (LANDLOK 300 OR APPROVED EQUIVALENT) 216 SY $ 12.00 SY $ 12.00 0.00% CLASS 3 TRM (PYRAMAT OR APPROVED EQUIVALENT) 216 SY $ 18.00 SY $ 18.00 0.00% MOBILIZATION NORTH OF HWY 34 (ITEMS 202) 626 EACH $ 450.00 EACH $ 450.00 0.00% MOBILIZATION SOUTH OF HWY 34 (ITEMS 202) 626 EACH EACH $ 450.00 $ 450.00 0.00% MOBILIZATION NORTH OF HWY 34 (ITEMS 208) 626 EACH EACH S 450.00 $ 450.00 0.00% MOBILIZATION SOUTH OF HWY 34 (ITEMS 208) 626 EACH $ 450.00 EACH $ 450.00 0.00% MOBILIZATION NORTH OF HWY 34 (ITEMS 212 AND 213) 626 EACH $ 750.00 EACH $ 750.00 0.00% MOBILIZATION SOUTH OF HWY 34 (ITEMS 212 AND 213) 626 EACH $ 750.00 EACH $ 750.00 0.00% MOBILIZATION NORTH OF HWY 34 (1"1.EMS 216) 626 EACH $ 450.00 EACH $ 450.00 0.00% MOBILIZATION SOUTH OF HWY 34 (ITEMS 216) 626 EACH $ 450.00 EACH $ 450.00 0.00% TRAFFIC CONTROL - SIGNS ONLY (NO FLAGGERS) (MUTCD TA -6) 630 DAY 350.00 DAY $ 355.00 1.41% TRAFFIC CONTROL - LANE CLOSURE (WITH FLAGGERS) (MUTCD TA -10) 630 DAY $ 900.00 DAY $ 900.00 0.00% The local UP changed from Denver-Boulder-Greelev CIP Percent Avg. Increase to Denver -Aurora -Lakewood for CPI: 2019 2.731% for 2019 0.11% pond ber:m22 6152 P , J ECT: ER SION CO KNOW ALL MEN BY THE PRESENTS; that All Cowboy Ernlon C tr l9 LLC. PERF ri F T R L NCE zoN REVEGET TI N SERVICES F 2019 (Name of Contractor) 18277 County Road 229 Fort Lupton, Cera 80621 (Address of Contractor) Corporation called Contractor, and a (Corporation, Partnership, or individual) North American Specialty Insurance Company (Name of Surety) 1200 Main Street, Suite 800, Kansas City, MO 64105 (Address of Surety) hereinafter RY A..t9./ hereinafter called surety, are held and firmly bound unto Wetd County, Colorado, P.O. Box 7581J11 H Street, Ore to Colorado 80632, hereinafter called Owner, in the penal sum of Three Hundred Thirty Thousand* Dollars, ($ 330,000.00 ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the 22nd day of f' p_ , 2019 , a copy of which is hereto attached and made a part hereof for the construction of: PROJECT Erosion Control and Revegetation Services for 2019 described in the Invitation for Bids, Bid No. B1800076 NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in force anc effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. nd N t �y /100 BID NO #B1.800076 Page 41 PERFOR` IANCE BOND PROJECT: EROSION CONTROL AND REEOETATION SE'VICES FOR 2019 IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this 30th day of April ternott atuLtA By (Contractor) Secretary (SEAL) (Witness as to Contractor) (Address) ATTEST: (Surety) Secretary (SEAL) Witness as to Sur y fshlea McCaughey 7600 E Orchard Rd Suite 2308 (Address) Greenwood Village, CO 80111 • 1200 Main Street, Suite 800 1l Cowboy Erosion Control, LLC. Contractor 18277 County Road 22 t 2019 (Address) Fort Lupton, CO 80621 North America 1 Attorney -in -Fact Sarah •on Specialty Insurance Company (/address) ansas City, MO 64105 NOTE Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond, IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID NO #B1800076 ONAMOfflea Page 42 Bond Number: 2286152 LABOR & MATERIALS PAYMENT BOND PROJECT: EROSION CONTROL AND REVEGETATION FOR 2019 KNOW ALL MEN BY THE PRESENTS; that All Cowboy Erosion Control, LLC. (Name of Contractor) 18277 County Road 22, Fort Lupton, CO 80621 (Address of Contractor) Corporation hereinafter called Contractor, and a (Corporation, Partnership, or Individual) North American Specialty Insurance Company (Name of Surety) 1200 Main Street, Suite 800, Kansas City, MO 64105 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado, P.O. Box 758, 1111 H Street, Greeley, Colorado 80632, hereinafter called Owner, in the penal sum of Three Hundred Thirty Thousand and No/100 Dollars ($ 330,000.00 ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the 22nd day of April , 2019, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: Erosion Control and Revegetation Services for 2019 described in the Invitation for Bids, Bid No. B1800076. NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void,; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. BID NO #B1800076 Page 43 LABOR ATE IALS PAYMENT BOND IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this 30th (SEAL) April day of 2019. (Contr.ctor) Secretary (Witness as to Contractor) (Address) ATTEST: N/A (SEAL) I (Surety) Secretary All Cowboy Erosion Control, LLC Contractor 18277 County Road 22 (Address) Fort .Lupton, p 621 North American Specialty Insurance C mpany Witness as to Suret Ash McCaugh 7600 E orcharRd Suite (Address) Greenwood Village, CO 80111 ea} y y=in -Fact Sarah Brow 0 Main Street, Suite 800 (Address) Kansas City, MO 64105 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current lest (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID NO #B1800076 Page 44 SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park, Kansas, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Overland Park, Kansas each does hereby make, constitute and appoint: DON APPLEBY, MARK SWEIGART, SARAH BROWN, TODD BENGFORD, SUSAN J. LATTARULO, FLORIETTA, ACOSTA, and LEE ANNE MEAUX JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as arc or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." By Steven P. Anderson, henior Viet President of Wpobington International tnanrsnee Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation By Mike A. Ito, Senior Vice President *Pwashingfirt loternntlotml tourism Compnny & Senior Vice President of Norris Amerh'nn Specialty Insurance Company & Senior Vice President of Wrstpart Ltsurdnce Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 11 day of DECEMBER 20 17 , State of Illinois County of Cook ss: North American Specialty Insurance Company Washington International Insurance Company Westport Insurance Corporation On this 11 day of DECEMBER 20 17, before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A» Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. u OFFICIAL SEAL M. KENNY Notary Public. State of My Cmmfi1r4SiO n (spires 12/0412021 M. Kenny, Notary Public I, left Goldberg , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 30th day of April__ , 20 / . Jeffrey Goldberg, Vice Pmsitknt & Asun:un Secretaryof Washington Intemalional Instlance Company & North America. Specially Insurance Company & Vice President & Assistant Secretary of Westport Insurnnac Corporation AC[]KL7 CERTIFICATE OF LIABILITY INSURANCE DATEIMM/DEXYYYYI L 1/24/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT; If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Professional Risk LLC 8213 W.20th St Greeley CO 80634 INSURED All Cowboy Erosion Control, LLC 18277 CR 22 Fort Lupton CO 80621 COVERAGES cON1Ac r NAME: NE C Dionne Perez (970)356-8030 A AX (970)356-8032 IIE55, dionne.perez@proriskllc.com INSURER(SI AFFORDING COVERAGE INSURER A: Evanston Insurance Company INSURER B: Travelers Casualty Insurance Company o INSURER C: Pinnacol Assurance INSURER D: Harleysville Insurance Group INSURER E : NAIC # 19046 41190 INSURER F: CERTIFICATE NUMBER:18-19 All 19-20 WC REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 4TR TYPE OF INSURANCE ADDL INSD satin MID POLICY NUMBER A X X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR Pollution Liability GEN'L AGGREGATE LIMIT APPLIES 7PER RO- POLICY X JECT t 1 LOC OTHER, B AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS HIRED AUTOS X A UMBRELLA LIAR EXCESS LIAB X Y MKLV2ENV100808 MHIA2ENV100808 SCHEDULED AUTOS m„_, NON-OIARED AUTOS HA -2L901564 POLICY EFF POLICY EXP ,,,(MM/DDIYYYY) 1MM/DD/YYYYL 8/15/2018 8/15/2018 8/15/2019 8/15/2019 LIMITS EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) 5, 000 PERSONAL & ADV INJURY 5 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 Pollution $ 1,000,000 COMBINED SINGLE LIMIT (Ea ecadenl) BODILY INJURY (Per person) $ 10/9/2018 X DED , I RETENTION $ OCCUR CLAIMS -MADE C D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION. OF OPERATIONS below Rented/Leased YIN NIA Y hIICLV2EFX100215 4145364 8/15/2018 2/1/2519 10/9/2019 1,000,000 BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per acodenl) $ 8/15/2019 2/1/2020 CIM--/17765 10/9/2018 10/9/2019 EACH OCCURRENCE $ 1f000,000 AGGREGATE $ 1,000,000 X IMRE (IL0I;_TH- TE E EL EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1, 000 , 000 EL. DISEASE- POLICY LIMIT $ 1; 000, 000 Limit Deductible DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 181, Additional Remarks Schedule, may be attached if mare space is required) Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers are listed as additional insured as pertains to the General Liability policy, per written contract. Waiver of subrogation applies on the General Liability and Workers' Compensation policies. CERTIFICATE HOLDER CANCELLATION Weld County Department of Public Works PO Box 758 Greeley, CO 80632 ACORD 25 (2014/01) INS025 (2014011 150,000 1,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Dionne Perez/DP © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Josh Holbrook From: Sent: To: Subject: Looks good to me. Thanks, Bob Choate Assistant Weld County Attorney (970) 400-4393 Bob Choate Thursday, April 11, 2019 9:02 AM Josh Holbrook; Rob Turf RE: 2019 renewal documents for the Erosion control contract From: Josh Holbrook Sent: Thursday, April 11, 2019 8:23 AM To: Rob Turf <rturf@weldgov.com>; Bob Choate <bchoate@weldgov.com> Subject: 2019 renewal documents for the Erosion control contract Good morning Rob and Bob, If you could please review the attached 2019 contract extension for All cowboy Erosion control and supporting documents. I have attached the Contract Extension, 2019 submitted bid schedule, 2019 vs 2018 cost increase, pass around and the 2018 contract documents. This renewal would be the second year of a possible three term. The terms for the renewal are on page 45 of the attached agreement from 2018. Please let me know if you have any questions. Thank you. Joshua Holbrook Construction Inspection Supervisor Department of Public Works 1111 H Street, Greeley CO 80632-0758 tel: 970.304.6496 Cell: 970.301.2622 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 Josh H Ibro From: To: Subject: Rob Turf Thursday, April 11, 2019 9:23 AM Josh Holbrook; Bob Choate RE: 2019 renewal documents for the Erosion control contract Looks good to me as well and the c gists are under the CPI increase. The Denver -Aurora -Lakewood CPI has a 2.731% increase for this year, All Cowboy Erosion Control is requesting a 0.11% cost increase for 2019, Best, Rob Turf Title: Purchasing Manager Department: Purchasing Address: 1150 "0" Street Greeley, CO 80631 tel: 970-400-4216 fax: 970-336-7226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Josh Holbrook Sent: Thursday, April 11, 2019 8:23 AM To: Rob Turf crturf@weldgov.com>; Bob Choate cbchoate@weldgov.com> Subject: 2019 renewal documents for the Erosion control contract Good morning Rob and Bob, If you could please review the attached 2019 contract extension for All cowboy Erosion control and supporting documents. I have attached the Contract Extension, 2019 submitted bid schedule, 2019 vs 2018 cost increase, pass around and the 2018 contract documents. This renewal would be the second year of a possible three term. The terms for the renewal are on page 45 of the attached agreement from 2018. Please let me know if you have any questions. 1 iDi'4/717 WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & ALL COWBOY EROSION CONTROL, LLC 2018 EROSION CONTROL AND REVEGETATION THIS AGREEMENT is made and entered into this 2 day of May, 2018, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and All Cowboy Erosion Control LLC, a limited liability company, who whose address is 18277 County Road 22, Fort Lupton, CO 80621, hereinafter referred to as "Contractor". WHEREAS, Erosion Control is in need as result of construction and weather events, (hereinafter referred to as the "Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the permanent repair of this road and/or bridge, and WHEREAS, County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit A; and B WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Construction Services at or below the cost set forth in Exhibit A: WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. BB1800076". The RFP contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit A which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"), to perform the services described on attached Exhibits A and B. 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 Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. In its sole discretion, the County, by the Director of the Department of Public Works or his 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. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A and B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 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. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $220,447.00, which is the bid set forth in Exhibit A. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit A. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 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 from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. 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 Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 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 financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty. Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 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 construction completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above - described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. Any modification to these requirements must be made in writing by Weld County. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Indemnity: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contractor in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Employers Liability) Statutory $ 500,000 $ 500,000 $ 500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and liability assumed under an insured contract. The policy shall be endorsed to include 1) the Additional Insured Endorsements CG 2010 (or equivalent), 2) CG 2037 Additional Insured for products/completed operations, and 3) the Designated Construction Projects General Aggregate Endorsement CG 2503. The policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations" and the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury $50,000 any one fire; and $500,000 errors and omissions. $5,000 Medical payment one person Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. Contractors 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 (including asbestos) that may arise from the operations of the Contractor described in the Contractor's scope of services. 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. The policy shall be endorsed to include the following as Additional Insureds: "Weld County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". Minimum Limits: Per Loss $1,000,000 Aggregate $1,000,000 14. 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 withoutsuch 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. 15. 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. 16. 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. 17. 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, and all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Attn.: Brady Buum, Vice President Address:18277 CR 22, Fort Lupton CO 80621 E-mail: allcowboyerosiancontrokatamail.com Facsimile: 1.303.710.2808 County: Name: Joshua J. Holbrook Position: Construction Inspection Supervisor Address: 1111 H Street, Greeley CO 80632 E-mail: iholbrookeWeldnOv.cem Facsimile: 1.970.301.2622 18. 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. 19. 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. 20. 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. 21. 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. 22. 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. Contractor has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 23. 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. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. 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. 26. 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. 27. 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. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5- 102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24- 76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24- 76.5-103 prior to the effective date of the contract. 29. Official Engineering Publications, Contractor acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contractor under this Agreement, and Contractor agrees to meet or exceed all standards set by these publications. Contractor further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount. 30. Attorneys 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. 31. 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. 32. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000 annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract. "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state -issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion. This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. INITNESS WHEREOF, the parties hereto have signed this Agreement this JO day of �'. ,2018. CONTRACTOR: sits ConLC By: Name: Title: U/ Date �/ sip//$ WELD CO N ATTEST: -,AWeld Cqunty Ie�he B • aO BY: Deputy CI'rk to the Bo ;�':� �� i . ,eve Moreno, Chair BOARD OF COUNTY COMMISSIONERS WE ' COUNTY, COLORADO MAY 14 201 oga/(- la <W- Exhibit A BID REQUEST NO. B1800076 WELD COUNTY DEPARTMENT OF PUBLIC WORKS CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR PROJECT: EROSION CONTROL AND REVEGETATION CONTRACT FOR 2018 March 2018 Weld County Public Works Division of Engineering P.O. Box 758 1111 H Street Greeley, Colorado 80632 970-304-6496 BID NO #B1800076 Page i TABLE OF CONTENTS The following checked forms and provisions take precedence over plan drawings and supplement the 2017 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) which is to be used to administer the construction of this project. BIDDING REQUIREMENTS: *All Bidders must submit these forms with their Bid. Notice to Bidders 1 Invitation for Bids 2 Instructions to Bidders 2-12 Bid Proposal 13-14 * Bid Schedule 15-21 *Acknowledgment of Bid Documents 22 *Bid Bond 23-24 * IRS Form W-9 25 *Statement of Qualifications and Subcontractors 26-29 WELD COUNTY CONTRACT FORMS: *Low Bidder must submit these forms prior to Contract Award. * Notice of Award 30 *Agreement 31-40 * Performance Bond 41-42 * Labor and Materials Payment Bond 43-44 Notice to Proceed 45 Change Order 46 WELD COUNTY PROJECT SPECIAL PROVISIONS: Special Provisions Index 47 Project Special Provisions 48-72 CDOT STANDARD SPECIAL PROVISIONS: Standard Special Provisions Index NA Stand Special Provisions NA VICINITY MAP & DETAILS: Vicinity Map 73 Details 74-81 BID NO #B1800076 Page ii REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: 03/712018 BID NUMBER: 1800076 DESCRIPTION: 201; EROSI``° CS'NTROL AND REVEGETATION SERVICE BID OPENING DATE: April 3, 2013 PRESE k: TATION TO ®CC: pril 4, 2018 NTICE OF A7,.'A ARD: April 18, 201 (' I 1. NTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller/Purchasing Director (collectively referred to herein as, "Weld County"), wishes to purchase the following: Erosion Control and Revegetation Services for 2018 The project in general consists of: Placing, maintaining and removing erosion control devices; Seeding and mulching road construction projects and gravel pits throughout the calendar year as directed at various sites within the county. ® The sites are generally within a corridor from Weld County Road 1 to Weld County Road 157 and from Weld County Road 2 to Weld County Road 138. The services that will be requested may include any or all of the following: Placement, maintenance and removal of erosion control devices: erosion logs, erosion bales, soil retention blankets, turf reinforcement mats, silt fences, and other items. Revegetation: soil preparation (tilling and ripping), drill seeding, broadcast seeding, hydraulic seeding, placing sod, mulching, and hydraulic mulching. Bids for the above stated merchandise, equipment, and/or services will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley CO 80631 until: 10:00am on April 3, 2018 (Weld County Purchasing Time Clock) PAGES 1 — 12 OF THIS REQUEST F BIDS C NTAIN GENE'L INFORMATI N FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 _ 12 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 12. P�rr_t..- BID NO #B1800076 •`-'sT=1='- pis-:: wa Page 1 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. You can find information concerning this request at two locations: On the Weld County Purchasing website at http://www.co.weld.co.us/Departments/Purchasing/index.html located under "Current Requests". And, 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, addendurns, and awards on this one centralized system. Bid Delivery to Weld County — 2methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: bids@weldgov.com. 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. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2 Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150 O Street, Room #10T Greeley, CO 80631. Please call Purchasing at 9704004222 or 4223 if you have any questions. 3. INSTRUCTIONS TO I' DE s: INTRc4t UCT •% RV INS TION 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. 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. BID NO #B1800076 Page 2 Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1., entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller/Purchasing Director for the premature opening of a bid not properly addressed and identified. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. Qualification of Bidders: Qualification statements, attached with this document, are required to be completed by Bidders. If requested by Weld County, a Statement of Qualifications will be completed for the Subcontractors listed by the Contractor within 72 hours of the request. Failure to submit qualifications may be cause for rejection of Bids. The Owner shall consider the following criteria in evaluating the Bidder's qualifications following the opening of Bids: Familiarization with the Work: Before submitting his Bid, each prospective Bidder shall familiarize himself with the Work, the site where the Work is to be performed, local labor conditions and all local, state and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. He shall carefully correlate his observations with requirements of the Contract Documents and Drawings and otherwise satisfy himself of the expense and difficulties attending performance of the Work. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this paragraph. Interpretation of Contract Documents to Prospective Bidders: Any prospective Bidder who discovers ambiguities or is in doubt as to the true meaning of any part of the Contract Documents or Drawings shall make a request to the Engineer for an interpretation thereof. Interpretations will be made only by Addenda, duly issued, and copies of each Addendum will be mailed or delivered to each Contract Document holder of record. Unless approved by the Controller/Purchasing Director, no interpretation Addenda will be issued within the last seven (7) days before the date set for opening of Bids. The Bidder shall be solely responsible for any interpretation of the Contract Documents or Drawings other than by duly issued Addenda. Preparation of the Bid: Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Bids by partnerships must be executed in the partnership name and signed by a par₹ner. 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 shah 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 BID NO #B1800076 Page 3 the electronic modification shall be submitted within three days after Bids are opened. The Controller/Purchasing Director may at her sole discretion, release any Bid at any time. 4. AWARD AND EXECUTION OF CONTRACT Basis of Award: Only firm Bids will be considered. The award of the Contract, if it is awarded, will be to the lowest responsible bidder whose Bid compares favorably upon evaluation with other Bids. Weld County intends to award the Contract to the lowest responsible Bidder within the limits of funds available and to best serve its interests. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. Evaluation of Bids: The evaluation of Bids will include consideration of Subcontractors and suppliers. All Bidders shall submit a list of all Subcontractors he expects to use in the Work with the Bid. The experience statement with pertinent information on similar Projects shall be furnished with the name of each Subcontractor proposed to perform work on the project. The use of Subcontractors listed by the Bidder and accepted by County prior to the Notice of Award will be required in the performance of the Work. All Bidders shall submit with their Bid a list of the suppliers as indicated in the Bid Forms. Contract Execution: The successful Bidder shall be required to execute the Contract and to furnish the Performance Bond, Labor & Materials Payment Bond and Certificate of Insurance within ten (10) calendar days of receipt of the Notice of Award. The Certificate of Insurance shall name Weld County as additional 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 acceptable Performance Bid, Labor & Materials Payment Bond, and signed Contract from the successful Bidder will issue the Notice to Proceed. In submitting the bid, the bidder agrees that the signed bid submitted, all the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), the successful bidder'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 RFP. 5. PERFORMANCE, LABOR, MATERIAL AND PAYMENT BOND The successful Bidder shall be required to execute the Performance Bond and Labor & Materials Payment Bond in the amount of 100% of the Contract plus the value of the force account items, covering the faithful performance of the Contract and the payment of all obligations arising there -under. The Bonds shall be executed on the forms included with the Contract Documents by a surety company authorized to do business in the State of Colorado and acceptable as surety to Weld County. The Bidder shall deliver the Bonds to the Owner not later than the date of execution of the Contract. 6. INDIRECT COSTS Governmental Fees: The cost of all construction licenses, building and other permits, and governmental inspections required by public authorities for performing the Work, which are applicable at the time Bids are opened and which are not specified to be obtained by the County, shall be included in the Bid price. Royalties: The cost of all royalties and license fees on equipment and materials to be furnished and incorporated in the Work shall be included in the Bid price. Utilities: Unless otherwise specified, the Bidder shall include in his Bid the cost of all electrical, water, BID NO #B1800076 Page 4 sanitary, gas, telephone, and similar facilities and services required by him in performing the Work. Cash Allowances: The Bidder shall include in his Bid such sums as he deems proper for overhead costs and profits on account of cash allowances named in the Bid Documents. 7. SITE CONDITIONS Familiarization with the Site: The prospective Bidder shall by careful examination, satisfy himself of the following: Nature and location of the site where the Work is to be performed. Character, quality, and quantity of surface and subsurface materials, water, structures and utilities to be encountered. Character of construction equipment and facilities needed for performance of the Work. General local conditions. Availability of lands as set forth in the General Conditions. Access to the Site: The Bidder shall carefully review the Drawings and the Project Special Conditions for provisions concerning access to the site during performance of the Work. The Bidder shall carefully review the locations of the site where the work is to be performed. The Bidder shall make all arrangements, as deemed necessary, for access to property outside of County Right of Way, prior to beginning the work. 8. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such BID NO #B1800076 Page 5 employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 9. GENERAL PROVISIONS A. Fund Availability: Financial obligations of the Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Confidential Information: Confidential information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. If Weld County . receives a CORA request for bid information marked "CONFIDENTIAL", staff will withhold any information which is clearly marked CONFIDENTIAL and submitted separately. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation BID NO #B1800076 Page 6 insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent contractors performing construction services of a similar nature to those described in this Agreement. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any BID NO #B1800076 Page 7 such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, the successful bidder's rights with respect to such additional services shall be deemed waived and such failure shall result in non- payment for such additional services or work performed. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty, Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project. P. Non -Assignment. The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50- 507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with BID NO #B1800076 Page 8 the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Compliance with Davis -Bacon Wage Rates. The successful bidder understands and agrees that, if required by the Scope of Work, the work shall be in compliance with the Davis- Bacon Wage Rates. V. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners. W. Compensation Amount. Upon the successful bidder's successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible.for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement 10. INSURANCE REQUIREMENTS General Requirements: Successful bidders/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing Director by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Successful bidder/Contract Professional. Successful bidder/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract BID NO #B1800076 Page 9 by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder/Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Employers Liability) Statutory $ 500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket BID NO #B1800076 Page 10 contractual liability, personal injury, liability assumed under an insured contract (including defense costs assumed under contract, designated construction projects(s) general aggregate limit, ISO CG 2503 or equivalent additional insured —owners, lessees or successful bidders endorsement, ISO Form 2010 or equivalent, additional insured —owners, lessees or successful bidders endorsement, ISO CG 2037 or equivalent, the policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Successful bidder, including completed operations" and the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury $50,000 any one fire; and $500,000 errors and omissions. $5,000 Medical payments one person Automobile Liability: Successful bidder/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. Successful bidders/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the successful bidder/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Successful bidder/Contract Professional. Successful bidder/Contract Professional shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful BID NO #B1800076 Page 11 bidder/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID NO #B1800076 Page 12 BID PROPOSAL To: Weld County Purchasing Department P.O. Box 758, 1150 "O" Street Greeley, Colorado 80632 Attention: Rob Turf, Director of General Services Bid Proposal for: EROSION CONTROL AND REVEGETATION SERVICES FOR 2015 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 themselves of the conditions at the site and to gain a clear understanding of the Work to be executed and is thoroughly familiar with all local, state and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. PROPOSAL GUARANTEE This Bid Proposal is accompanied by the required Bid Bond of five percent (5%) based upon the Total Cost of all items required to be Bid. Weld County, Colorado is authorized to hold said Bid Bond for a period of not more than sixty (60) days after the opening of the Bids for the Work indicated, unless the undersigned Bidder is awarded the Contract within said period, in which event the Owner may retain said Bid Bond until the undersigned Bidder has executed the required Agreement and furnished the required Performance Bond, Labor & Materials Payment Bond, and Certificates of Insurance. TIME OF COMPLETION The Bidder agrees to make their best effort to complete the entire Project as soon as possible and within the time specified in the Project Special Conditions after the issuance of the Notice to Proceed subject to the CDOT Standard Specifications for Road and Bridge Construction, Section 108. EXECUTION OF DOCUMENTS The Bidder understands that if this Bid Proposal is accepted, they must execute the required Agreement and furnish the required Performance Bond, Labor & Materials Payment Bond and Insurance Certificates within ten (10) days from the date of Notice of Award. BID NO #B1800076 Page 13 METHOD OF AWARD The Owner reserves the right to reject any Bid from any Bidder whom the Owner deems is unfit or unqualified to complete the Work as specified regardless of the amount of the Bid. It is understood by the Bidder how Bids shall be awarded and that should the cost of the Bid exceed budgeted funds, the Owner reserves the right to reject any or all Bids or portions of Work Bid or the use of any of the methods stated in the Instructions to Bidders to obtain the most advantageous Bid price. All bids will be reviewed by the Owner and Engineer. All mathematics will be checked and the correct total used for determining the low bidder. BID NO #B1800076 Page 14 2018 BID SCHEUDLE ITEM ITEM DESCRIPTION UNIT EST QTY UNIT PRICE ($) TOTAL PRICE ($) 201 CLEARING AND GRUBBING ACRE 21 202 REMOVAL OR MAINTENANCE OF EROSION LOG (12 INCH) (10 FOOT) EACH 450 202 REMOVAL OR MAINTENANCE OF EROSION BALES EACH 100 202 REMOVAL OR MAINTENANCE OF SILT FENCE LF 29,810 202 REMOVAL OR MAINTENANCE OF SEDIMENT BASIN (L= 20 FOOT, W=5 FOOT, D= 2 FOOT) EACH 0 207 TOPSOIL CY 60 208 EROSION LOGS (Type I) (12 INCH) (10 FOOT) EACH 180 208 EROSION BALES (WEED FREE) EACH 100 208 SILT FENCE LF 200 208 SEDIMENT BASIN (L= 20 FOOT, W=5 FOOT, D= 2 FOOT) EACH 0 208 SEDIMENT REMOVAL AND DISPOSAL 100 100 212 SOD (LAWN) SF 0 212 SEEDING (NATIVE) (ROADWAY) (NORTH OF WCR 74) ACRE 9 212 SEEDING (NATIVE) (ROADWAY) (SOUTH OF WCR 74) ACRE 5 212 SEEDING (NATIVE)(PIERCE GRAVEL PIT) ACRE 11 212 SEEDING (NATIVE)(KOSKIE, LEHR, PIERCE NORTH, ASHBAUGH, FISCUS NORTH, AND GEISERT GRAVEL PITS) ACRE 41 212 SEEDING (NATIVE)(KOENIG, BEARSON, AND HOKESTRA GRAVEL PITS) ACRE 39 212 SEEDING (NURSE CROP) ACRE 2 212 BROADCAST SEENDING (NATIVE) SY 650 212 HYDRAULIC (SEEDING)(NATIVE) (NORTH OF WCR 74) ACRE 21 212 HYDRAULIC (SEEDING)(NATIVE) (SOUTH OF WCR 74) ACRE 6 212 SOIL CONDITIONING ACRE 40 213 MULCH (STRAW) (WEED FREE) (1.5 TONS/ACRE) ACRE 49 I 213 HYDRAULIC MULCH (1.5 TONS/ACRE) ACRE 23 213 BIOTIC EARTH - HGM BLACK (4,500 LBS/ACRE) SY 60 216 SOIL RETENTION BLANKET (STRAW/COCONUT) SY 1,200 216 CLASS 2 TRM (LANDLOK 450 OR APPROVED EQUIVALENT) SY 0 216 CLASS 3 TRM (LANDLOK 300 OR APPROVED EQUIVALENT) SY 0 216 CLASS 3 TRM (PYRAMAT OR APPROVED EQUIVALENT) SY 500 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 202) EACH 5 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 202) EACH 1 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 208) EACH 6 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 208) EACH 1 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 212 AND 213) EACH 22 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 212 AND 213) EACH 5 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 216) EACH 2 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 216) EACH 1 630 TRAFFIC CONTROL - SIGNS ONLY (NO FLAGGERS) (MUTCD TA -6) DAY 20 630 TRAFFIC CONTROL - LANE CLOSURE (WITH FLAGGERS) (MUTCD TA -10) DAY 10 e above quantities are provided as information only and are used solely for selecting the lowest responsible bidder, actual quantities may vary TOTAL COST BID NO #B1800076 Page 15 *The quantities and sites below are provided as information only actual quantities and project sites may vary in scope and size. SITE 1: HOKESTRA GRAVEL PIT RESEEDING ITEM ITEM DESCRIPTION UNIT EST QTY 202 REMOVAL OR MAINTENANCE OF SILT FENCE LF 1,000 212 SEEDING (NATIVE) (KOENIG, BEARSON, AND HOKESTRA GRAVEL PITS) ACRE 30 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 212 AND 213) EACH 2 Note: Silt fence removal is for the areas around the north side of cells SE -1 and SE -2 All seeding is for reseeding so no conditioning or mulching is needed. SITE 2: GEISERT GRAVEL PIT RESEEDING ITEM ITEM DESCRIPTION UNIT EST QTY 212 SEEDING (NATIVE) (KOSKIE, LEHR, PIERCE NORTH, ASHBAUGH, FISCUS NORTH, AND GEISERT GRAVEL PITS) ACRE 14 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 212 AND 213) EACH 1 Note: All seeding is for reseeding so no conditioning or mulching is needed. SITE 3: PIERCE GRAVEL PIT SEEDING ITEM ITEM DESCRIPTION UNIT EST QTY 201 CLEARING AND GRUBBING ACRE 11 212 SEEDING (NATIVE) (PIERCE GRAVEL PIT) ACRE 11 212 SOIL CONDITIONING 11 213 MULCH (STRAW) (WEED FREE) (1.5 TONS/ACRE) 11 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 212 AND 213) EACH 1 Note: Clearing and grubbing is to occur at the discretion of the project manager SITE 4: PIERCE NORTH GRAVEL PIT SEEDING ITEM ITEM DESCRIPTION UNIT EST QTY 201 CLEARING AND GRUBBING ACRE 3 212 HYDRAULIC SEEDING (NATIVE) (KOSKIE, LEHR, PIERCE NORTH, ASHBAUGH, FISCUS NORTH, AND GEISERT GRAVEL PITS) ACRE 10 212 SEEDING (NATIVE) (KOSKIE, LEHR, PIERCE NORTH, ASHBAUGH, FISCUS NORTH, AND GEISERT GRAVEL PITS) ACRE 9 212 SOIL CONDITIONING ACRE 9 213 HYDRAULIC MULCHING (1.5 TONS/ACRE) ACRE 10 213 MULCH (STRAW) (WEED FREE) (1.5 TONS/ACRE) ACRE 9 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 212 AND 213) EACH 4 Note: 10 acres of hydraulic seeding is for topsoil piles Topsoil piles are to be hydraulic mulched 9 acres are for drill seeding along the haul roads Drill seeded areas are to be soil conditioned and mulched. Clearing and grubbing is to occur at the discretion of the project manager. BID NO #B1800076 Page 16 SITE 5: KOSKIE GRAVEL PIT SEEDING ITEM ITEM DESCRIPTION UNIT EST QTY 212 HYDRAULIC SEEDING (NATIVE) (KOSKIE, LEHR, PIERCE NORTH, ASHBAUGH, FISCUS NORTH, AND GEISERT GRAVEL PITS) ACRE 5 213 HYDRAULIC MULCHING (1.5 TONS/ACRE) ACRE 5 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 212 AND 213) EACH 2 Note: 5 acres of hydraulic seeding is for topsoil piles Topsoil piles are to be hydraulic mulched SITE 6: PETERS GRAVEL PIT SEEDING ITEM ITEM DESCRIPTION UNIT EST QTY 212 HYDRAULIC SEEDING (NATIVE) (KOSKIE, LEHR, PIERCE NORTH, ASHBAUGH, FISCUS NORTH, AND GEISERT GRAVEL PITS) ACRE 6 212 SEEDING (NATIVE) (KOSKIE, LEHR, PIERCE NORTH, ASHBAUGH, FISCUS NORTH, AND GEISERT GRAVEL PITS) ACRE 6 212 SOIL CONDITIONING ACRE 6 213 HYDRAULIC MULCHING (1.5 TONS/ACRE) ACRE 6 213 MULCH (STRAW) (WEED FREE) (1.5 TONS/ACRE) ACRE 6 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 212 AND 213) EACH 4 Note: 6 acres of hydraulic seeding is for topsoil piles Topsoil piles are to be hydraulic mulched 6 acres are for drill seeding along the haul roads Drill seeded areas are to be soil conditioned and mulched. SITE 7: NORTH FISCUS GRAVEL PIT SEEDING ITEM ITEM DESCRIPTION UNIT EST QTY 201 CLEARING AND GRUBBING ACRE 5 212 SEEDING (NATIVE) (KOSKIE, LEHR, PIERCE NORTH, ASHBAUGH, FISCUS NORTH, AND GEISERT GRAVEL PITS) ACRE 21 212 SOIL CONDITIONING ACRE 12 213 MULCH (STRAW) (WEED FREE) (1.5 TONS/ACRE) ACRE 12 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 212 AND 213) EACH 4 *Note: 12 acres of the 21 acres is for reseeding. Clearing and grubbing is at the discretion of the project manager. BID NO #B1800076 Page 17 SITE 8: SH 392/CR74 EROSION CONTROL & DEVICE REMOVAL ITEM ITEM DESCRIPTION UNIT EST QTY 202 REMOVAL OR MAINTENANCE OF SILT FENCE LF 26000 202 REMOVAL OR MAINTENANCE OF EROSION LOG (12")(10') EA 270 212 BROADCAST SEEDING SY 400 212 SEEDING (NATIVE)(ROADWAY)(SOUTH OF CR 74) ACRE 5 213 MULCH (STRAW) (WEED FREE) (1.5 TONS/ACRE) ACRE 5 216 SOIL RETENTION BLANKET (STRAW/COCONUT) SY 400 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 202) EACH 1 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 212 AND 213) EACH 1 630 TRAFFIC CONTROL - SIGNS ONLY (NO FLAGGERS) (MUTCH TA -6) EACH 5 *Note: Silt Fence removal from CR 74 west to CR 74 east, CR 69 north to CR 69 south, SH 392, & CR 69.25 SITE 9: CR67 from CR 68 to SH 392 (Crow Creek Pipe Crossin ITEM ITEM DESCRIPTION UNIT EST QTY 216 CLASS 3 TRM (PYRAMAT OR APPROVED EQUIVALENT) SY 550 216 SOIL RETENTION BLANKET (STRAW/COCONUT) SY 550 212 SEEDING (NATIVE) (ROADWAY) (SOUTH OF WCR 74) ACRE 0.12 207 TOPSOIL CY 60 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 216) EACH 1 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 212 AND 213) EACH 1 630 TRAFFIC CONTROL - SIGNS ONLY (NO FLAGGERS) (MUTCH TA -6) EACH 1 *Note: Placement on downstream section of CR 67 pipe crossing. Topsoil figured at 4" thick. BID NO #B1800076 Page 18 SITE 10: CR 90 from rd. 45.5 to rd. 57 ITEM ITEM DESCRIPTION UNIT EST QTY 202 REMOVAL OR MAINTENANCE OF SILT FENCE LF 100 202 REMOVAL OR MAINTENANCE OF EROSION LOG (12")(10') EA 110 208 EROSION LOGS (12 INCH) (10 FOOT) EA 110 208 SLIT FENCE LF 100 212 BROADCAST SEEDING SY 100 212 SEEDING (NATIVE)(ROADWAY)(NORTH OF CR 74) ACRE 2 213 MULCH (STRAW) (WEED FREE) (1.5 TONS/ACRE) ACRE 2 216 SOIL RETENTION BLANKET (STRAW/COCONUT) SY 100 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 202) EACH 2 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 216) EACH 1 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 212 AND 213) EACH 1 630 TRAFFIC CONTROL - SIGNS LANE CLOSRE (WITH FLAGGERS) (MUTCD TA -10) DAY 7 SITE 11: CR 105 from SH 14 to CR 390 ITEM ITEM DESCRIPTION UNIT EST QTY 202 REMOVAL OR MAINTENANCE OF SILT FENCE LF 100 202 REMOVAL OR MAINTENANCE OF EROSION LOG (12„) (10') EA 50 208 EROSION LOGS (12 INCH) (10 FOOT) EA 50 208 SLIT FENCE LF 100 208 SEDIMENT REMOVAL AND DISPOSAL HR 100 212 BROADCAST SEEDING SY 100 212 SEEDING (NATIVE)(ROADWAY)(NORTH OF CR 74) ACRE 2 213 MULCH (STRAW) (WEED FREE) (1.5 TONS/ACRE) ACRE 2 216 SOIL RETENTION BLANKET (STRAW/COCONUT) SY 100 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 202) EACH 2 626 MOBLILZATION NORTH OF HWY 34 (ITEMS 208) EACH 6 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 216) EACH 1 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 212 AND 213) EACH 1 630 TRAFFIC CONTROL - SIGNS LANE CLOSRE (WITH FLAGGERS) (MUTCD TA -10) DAY 7 BID NO #B1800076 Page 19 SITE 12: CR 18 from CR 33 to CR 37 ITEM ITEM DESCRIPTION UNIT EST QTY 202 REMOVAL OR MAINTENANCE OF EROSION LOG (12") (10') EA 20 208 EROSION LOGS (12 INCH) (10 FOOT) EA 20 208 SLIT FENCE LF 100 212 BROADCAST SEEDING SY 50 212 HYDRAULIC SEEDING (NATIVE (SOUTH OF CR 74) ACRE 2 213 HYDRAULIC MULCH (1.5 TONS/ACRE) ACRE 2 216 SOIL RETENTION BLANKET (STRAW/COCONUT) SY 50 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 202) EACH 1 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 216) EACH 1 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 212 AND 213) EACH 1 630 TRAFFIC CONTROL - SIGNS LANE CLOSRE (WITH FLAGGERS) (MUTCD TA -10) DAY 5 BID NO #B1800076 Page 20 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. Date: By: Date: By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for bid for Request No. #61800076 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. FIRM BY BUSINESS ADDRESS (Please print) CITY, STATE, ZIP CODE DATE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. BID NO #B1800076 Page 21 ACKNOWLEDGEMENT OF BID DOCUMENTS Bid Opening Checklist: All the following pages must be submitted with every bid submittal. Failure to Submit any of these documents will disqualify your bid. ❑ 2018 Bid Schedule. All columns on the bid tab are to be completed. For bid items with quantities of zero, Weld County still wants a unit price for the bid item. Those bid items will subsequently carry over to the total Colum as $0. The purpose of the bid items with zero quantities is to allow Weld County the flexibility to potentially use the erosion control contractor to perform those specified tasks during possible contract renewals. ❑ Bid Bond ❑ IRS Form W-9 ❑ Statement of Qualifications and Subcontractors ❑ Receipt of addenda(s), if any, should be signed. I have initialed each of the above items and have fully executed the corresponding documents. I hereby Acknowledge and understand the above required bid documents. (Contractor) Dated this day of , 20 By: Title: BID NO #B1800076 Page 22 BID BOND PROJECTS: EROSION CONTROL AND REVEGETATION SERVICES FOR 2018 KNOW ALL MEN BY THESE PRESENTS, that as Principal, and as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of Dollars ($ ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated , 2018 for the PROJECTS: EROSION CONTROL AND REVEGETATION SERVICES FOR 2018 as set out in the accompanying Bid. WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform. NOW THEREFORE, if the principal shall, within the period specified therefore: A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B. Withdraw said Bid within the time specified, or C. Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this day of , 2018 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing board. Principal Address ATTEST: By: ATTEST: By: By: Surety Address BID NO #B1800076 Page 23 INSTRUCTIONS The full firm name and residence of each individual party to the bond must be inserted in the first paragraph. If the principal is a partnership, the full name of all partners must be inserted in the first paragraph which must recite that they are partners composing the partnership (to be named), and all partners must execute the bond as individuals. The state of incorporation of each corporate party to the bond must be inserted in the first paragraph and the bond must be executed under the corporate seal of said party attested by its secretary or other authorized officer. Power of Attorney must accompany this bond when signed by other than an officer of either the principal or surety. A standard printed bond form may be used in lieu of the foregoing form provided that the security stipulations protecting the Owner are not in any way reduced by use of such standard printed bond form. BID NO #B1800076 Page 24 Form W-9 (Rev. August 2013) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. I 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 ❑ Individual/sole ❑ Limited liability box for federal tax classification: proprietor ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership)► ► Trust/estate Exemptions Exempt payee Exemption code (if any) (see instructions): code (if any) from FATCA reporting IN Other (see instructions) Address (number, street, and apt. or suite no.) Requester's name and address (optional) City, state, and ZIP code List account number(s) here (optional) imti — - ---- -' - - - -- axpayer idention Number 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 mej, 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 Certification instructions. You must cross out item 2 above if you have been because 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 instructions on page 3. Sign Here from FATCA reporting is correct. notified by the IRS that you are currently subject to backup withholding For real estate transactions, item 2 does not apply. For mortgage debt, contributions to an individual retirement arrangement (IRA), and sign the certification, but you must provide your correct TIN. See the Signature of US. person Date ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Fut re 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 regUired to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, payments made to you in settlement of payment card and third party network transactions, real estate transactions, mortgage interest you paid, acqusition 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 it you are a U.S. exempt payee. It 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 farm 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 you share of partnership income. Cat. No. 10231X Form W-9 (Rev. 8-2013) BID NO #B1800076 Page 25 STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable, responsible and qualified bidder as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. 1. Name of Bidder (Company or Firm): 2. Permanent main office address: Phone Number: Fax Number: 3. Year Company was organized: 4. Number of years this Company has been engaged similar construction.: Under what firm, company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work? 5. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: 6. List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. 7 List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. BID NO #B1800076 Page 26 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. 9. List all contracts within the last 3 years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. 10. Has any owner, as party to any of the Company's contracts within the last 3 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc., or attempted to have the performance bond invoked? If yes, explain in detail. 11. Describe all contracts that the Company failed to complete. 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. 13. List all or a maximum of three (3) of the most recent projects, similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction at the present time. List the project name, location, project superintendent, owner's representative and phone number, date completed and contract amount for each project. Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: BID NO #B1800076 Page 27 Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: 14. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15% OR MORE OF THE WORK. SUBCONTRACTOR WORK DESCRIPTION % OF WORK 15. List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc. NAME YRS. PERTINENT TITLE EXPERIENCE 16. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. BID NO #B1800076 Page 28 The undersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this day of , 2018. Bidder: Company By: Signature Name: (Please Type) Title: NOTARY County of ) ss. State of ) being duly sworn, deposes and says that he is of, (Title) and that the answers to the foregoing questions (Company Name) and all statements therein contained are true and correct. Subscribed and sworn before me this day of, 2018. (SEAL) Commission Expires Notary Public BID NO #B1800076 Page 29 NOTICE OF AWARD PROJECT: EROSION CONTROL AND REVEGETATION SERVICES FOR 2018 To: Project Description: The project in general consists of: placing, maintaining and removing erosion control devices; seeding and mulching road construction projects and gravel pits throughout the calendar year as directed at various sites within the county; and the sites are generally within a corridor from Weld County Road 1 to Weld County Road 157 and from Weld County Road 2 to Weld County Road 138. The services that will be requested may include any or all of the following: placement, maintenance and removal of erosion control devices: erosion logs, erosion bales, soil retention blankets, turf reinforcement mats, silt fences, and other items; and revegetation: soil preparation (tilling and ripping), drill seeding, broadcast seeding, hydraulic seeding, placing sod, mulching, and hydraulic mulching. This project is not subject to Federal or State contract requirements. The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of $ or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish the required Performance Bond, Payment Bond and Certificates of Insurancewithin ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this day of , 2018 Weld County, Colorado, Owner By: Josh Holbrook, Construction Inspection Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this day of , 2018 By: Title: BID NO #B1800076 Page 30 EXAMPLE WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & 2018 EROSION CONTROL AND REVEGETATION SERVICES CONTRACT THIS AGREEMENT is made and entered into this day of , 2018, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and , [an individual], [a limited liability partnership] [a limited liability company] [a corporation], who whose address is , hereinafter referred to as "Contractor". WHEREAS, Weld County Public Works is in need of annual erosion control and revegetation services throughout the County, (hereinafter referred to as the "Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the erosion control and/or revegetation of the identified project sites, and WHEREAS, County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit A; WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Construction Services at or below the cost set forth in Exhibit B; WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. 81800076". The RFP contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit A which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"), to perform the services described on attached Exhibit A. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by 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 Exhibit A within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. In its sole discretion, the County, by the Director of the Department of Public Works or his/her designee may extend the time for the Contractor to complete the service of work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. BID NO #B1800076 Page 31 2. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibit A. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. If the County opts to renew the Contract, the Contractor will have an opportunity to provide a revised fee schedule, if any, for the upcoming Contract term. The increased costs shall be based upon the Denver - Boulder -Greeley Consumer Price Index and the market price for straw. 3. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 4. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. Compensation/Contract Amount. Upon Contractor's successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $ , which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this BID NO #B1800076 Page 32 Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the material/service/equipment for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 5. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contractor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit A), and (b) provide proof thereof when requested to do so by County. 6. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the 7. performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 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 BID NO #B1800076 Page 33 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 financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty. Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies caused by contractors workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 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 construction completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, BID NO #B1800076 Page 34 representatives, employees, or subcontractors. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. Any modification to these requirements must be made in writing by Weld County. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Indemnity: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The Contractor in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Employers Liability) Statutory $500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and liability assumed under an insured contract. The policy shall be endorsed to include 1) the Additional Insured Endorsements CG 2010 (or equivalent), 2) CG 2037 Additional Insured for products/completed operations, and 3) the Designated Construction Projects General Aggregate Endorsement CG 2503. The policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations" and the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; BID NO #B1800076 Page 35 $1,000,000 Personal Advertising injury $50,000 any one fire; and $5,000 Medical payment one person Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Additional provisions: Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: i. If any aggregate limit is reduce by twenty-five percent (25%) or more by paid or reserved claims, Contractor shall notify County within ten (10) days and reinstate the aggregates required; ii. Unlimited defense costs in excess of policy limits; iii. Contractual liability covering the indemnification provisions of this Agreement; iv. A severability of interests provision; v. Waiver of exclusion for lawsuits by one insured against another; vi. A provision that coverage is primary; and vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by County. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 14. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. BID NO #B1800076 Page 36 15. 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. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his/her designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Attn.: President, Address: Address: E-mail: Facsimile: With copy to: Name: Position: Address: Address: E-mail: Facsimile: County: Name: Position: Address: Address: E-mail: Facsimile: Clay Kimmi, P.E. Senior Engineer P.O. Box 758 1111 H St, Greeley, CO 80632 ckimmi@co.weld.co.us 970-304-6497 BID NO #B1800076 Page 37 Name: Josh Holbrook Position: Inspection Supervisor Address: P.O. Box 758 Address: 1111 H St, Greeley, CO 80632 E-mail: jholbrook@co.weld.co.us Facsimile: 970-304-6497 17. 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. 18. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 19.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. 20. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 21. 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. 22. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 23. 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. 24. 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. BID NO #B1800076 Page 38 25.Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5- 103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 26. Official Engineering Publications. Contractor acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contractor under this Agreement, and Contractor agrees to meet or exceed all standards set by these publications. Contractor further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount. 27.Compliance with Davis -Bacon Wage Rates. Contractor understands and agrees that, if required by the provisions of Exhibit A, the work shall be in compliance with the Davis- Bacon Wage Rates. (If compliance with this statute is required by County under this Agreement, a copy of the information is contained in Exhibit A, County's Request for Bid, and is a part this Agreement.) Attorneys 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. BID NO #B1800076 Page 39 28. 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. 29.Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of 2018. CONTRACTOR: Company Name By: Name: Title: Date WELD COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Steve Moreno, Chair BID NO #B1800076 Page 40 PERFORMANCE BOND PROJECT: EROSION CONTROL AND REVEGETATION SERVICES FOR 2018 KNOW ALL MEN BY THE PRESENTS; that (Name of Contractor) (Address of Contractor) hereinafter called Contractor, and a (Corporation, Partnership, or Individual) (Name of Surety) (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado, P.O. Box 758, 1111 H Street, Greeley, Colorado 80632, hereinafter called Owner, in the penal sum of Dollars, ($ ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of , 2018, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT Erosion Control and Revegetation Services for 2018 described in the Invitation for Bids, Bid No. B1800076 NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. BID NO #B1800076 Page 41 PERFORMANCE BOND PROJECT: EROSION CONTROL AND REVEGETATION SERVICES FOR 2018 IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of , 2018. Contractor By (Contractor) Secretary (SEAL) (Witness as to Contractor) (Address) (Address) ATTEST: (Surety) Secretary (SEAL) By Witness as to Surety Attorney -in -Fact (Address) (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID NO #B1800076 Page 42 LABOR & MATERIALS PAYMENT BOND PROJECT: EROSION CONTROL AND REVEGETATION FOR 2018 KNOW ALL MEN BY THE PRESENTS; that (Name of Contractor) (Address of Contractor) hereinafter called Contractor, and a (Corporation, Partnership, or Individual) (Name of Surety) (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado, P.O. Box 758, 1111 H Street, Greeley, Colorado 80632, hereinafter called Owner, in the penal sum of Dollars ($ ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of , 2018, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: Erosion Control and Revegetation Services for 2018 described in the Invitation for Bids, Bid No. B1800076. NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void,; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. BID NO #B1800076 Page 43 LABOR & MATERIALS PAYMENT BOND IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of , 2018. Contractor By (Contractor) Secretary (SEAL) (Witness as to Contractor) (Address) (Address) ATTEST: (Surety) Secretary (SEAL) By Witness as to Surety Attorney -in -Fact (Address) (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID NO #B1800076 Page 44 NOTICE TO PROCEED PROJECT: EROSION CONTROL AND REVEGETATION SERVICES FOR 2018 To: Date: PROJECT: EROSION CONTROL AND REVEGETATION SERVICES FOR 2018 described in the Invitation for Bids, Bid No. B1800076. You are hereby notified to commence Work in accordance with the Agreement dated . The date of completion of all Work is therefore Weld County, Colorado, Owner By Josh Holbrook, Construction Inspection Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: (Contractor) Dated this day of , 2018. By Title BID NO #B1800076 Page 45 CHANGE ORDER NO. (EXAMPLE) Date: Project: EROSION CONTROL AND REVEGETATION SERVICES FOR 2018 described in the Bid No. B1800076 Owner: Weld County, Colorado Contractor: The following change is hereby made to the Contract Documents: CHANGE TO CONTRACT PRICE: Original Contract Price: Current Contract Price adjusted by previous Change Order: The Contract Price due to this Change Order will be increased by: The new Contract Price, including this Change Order, will be: CHANGE TO CONTRACT TIME: The Contract Time will be increased by calendar days. The date for completion of all Work will be RECOMMENDED: Owner Representative: Date: Engineer: Date: APPROVALS: Contractor: Date: Owner: Date: BID NO #B1800076 Page 46 WELD COUNTY PUBLIC WORKS DEPARTMENT The Colorado Department of Transportation 2017 Standard Specifications for Road and Bridge Construction controls construction of this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. PROJECT SPECIAL PROVISIONS Page Notice to Bidders 48 Commencement and Completion of Work 49 Revision of Section 101 — Definition of Terms 50 Revision of Section 105 — Claims for Contract Adjustment 51 Revision of Section 106 — Control of Material 52 Revision of Section 107 — Legal Relations and Public Responsibility 53 Revision of Section 108 — Prosecution and Progress 54 Revision of Section 109 — Measurement and Payment 55 Revision of Section 201 — Clearing and Grubbing 56 Revision of Section 202 — Removal and Maintenance of Erosion Logs (12 inch, 10 foot), Erosion Bales, Silt Fence, and Sediment Basins (L=20 ft, W = 5ft, D=2ft) 57 Revision of Section 207 — Topsoil 58-62 Revision of Section 208 — Erosion Control 63 Revision of Section 212 — Seeding, Fertilizer, Soil Conditioner, and Sodding 64-66 Revision of Section 213 — Mulching 67 Revision of Section 216 — Soil Retention Covering 68 Revision of Section 626 — Mobilization 69 Revision of Section 630 — Construction Zone Traffic Control 70 Traffic Control Plan — General 71 Utilities Coordination 72 BID NO #B1800076 Page 47 NOTICE TO BIDDERS The proposal guaranty shall be a certified check, cashier's check, or bid bond in the amount of 5 percent (5%) of the Contractor's total bid. Pursuant to subsections 102.04 and 102.05, it is recommended that bidders on this project review the work site and plan details. Information regarding the project may be obtained from the following authorized representatives:. Clay Kimmi, P.E. Project Manager Weld County Public Works Department 1111 H Street Greeley, CO 80632 Office Phone: 970-304-6496, ext. 3741 Josh Holbrook, Inspections Supervisor Weld County Public Works Department 1111 H Street Greeley, CO 80632 Office Phone: 970-304-6496, ext. 3734 The above referenced individuals are the only representatives with authority to provide any information, clarification, or interpretation regarding the plans, specifications, and any other contract documents or requirements. BID NO #B1800076 Page 48 COMMENCEMENT AND COMPLETION OF WORK The Contractor shall be available to commence the work required by the Contract Documents within 10 calendar days after date of the "Notice to Proceed". This contract is for erosion and vegetation services on a project by project need for a term of one (1) year of date shown on "Notice to Proceed" and the Agreement may be extended for additional one-year periods, not to exceed two (2) additional one-year periods, upon mutual written agreement of the parties as described in the contract documents. BID NO #B1800076 Page 49 1 REVISION OF SECTION 101 DEFINITION OF TERMS Technical Specifications related to construction materials and methods for the work required under this contract shall consist of the "Colorado Department of Transportation, Standard Specifications for Road and Bridge Construction" dated 2017. Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have different meanings within the scope of this Contract. A summary of redefinitions follows: Subsection 101.10 "CDOT Resident Engineer" shall mean an employee designated as such by the Weld County Public Works Department. Subsection 101.28: "Department" shall mean the Weld County Public Works Department. Subsection 101.29: "Chief Engineer" shall mean the Weld County Public Works Director or designated representative. Subsection 101.36: Holidays recognized by Weld County are: New Year's Day Washington/Lincoln Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Christmas Subsection 101.37: "Inspector" shall mean an employee designated as such by the Weld County Public Works Department. Subsection 101.51 "Project Engineer" shall mean an employee designated as such by the Weld County Public Works Department. Subsection 101.58:"Region Transportation Director" shall mean Weld County Public Works Director or designated representative. Subsection 101.58: "Region Transportation Director" shall mean Weld County Public Works Director or designated representative. Subsection 101.76: "State" shall mean Weld County. All references to State, CDOT and the Department of Transportation shall be defined as Weld County acting directly on or through its duly authorized representative or agent. END OF SECTION BID NO #B1800076 Page 50 1 REVISION OF SECTION 105 CONTROL OF WORK Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.09 shall be revised as follows: Delete subsections 105.09 (and replace with the following: These specifications, the supplemental specifications, the plans, special provisions, and all supplementary documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In the event of a discrepancy, the order of precedence is as follows: (a) Contract Documents including Exhibits, Addenda, and Appendices (b) Special Provisions i. Weld County Project Special Provisions ii. Weld County Standard Special Provisions iii. CDOT Project Special Provisions iv. CDOT Standard Special Provisions (c) CDOT Standard Specifications (d) Plans Detailed Plans ii. Standard Plans iii. Calculated dimensions will govern over scaled dimensions Notwithstanding the foregoing, in the event of conflicting requirements involving any requirement within the Contract Documents, the County shall have the right to determine, in its sole discretion, which requirement(s) apply. The Contractor shall request the County's determination ,respecting the order of precedence among conflicting provisions promptly upon becoming aware of any such conflict. Subsection 105.24 is amended as follows: Delete all references to CDOT and replace with Weld County. Delete: The venue for all unresolved disputes with an aggregate value $15,000 or less shall be the County Court for the City and County of Denver. Replace with: The venue for all unresolved disputes with an aggregate value $15,000 or less shall be the County Court for Weld County. Subsection 105.24(c) is amended as follows: Delete: Division of Audit, 4201 E. Arkansas Ave, Denver, Co. 80222 Replace with: Weld County Board of Commissioners, 1150 O Street, Greeley, Co. 80632 Subsection 105.24(f) is amended as follows: In the third paragraph delete "the City and County of Denver" Replace with: "Weld County" In the fourth paragraph delete "Denver District Court" Replace with: "Weld County District Court" END OF SECTION BID NO #B1800076 Page 51 1 REVISION OF SECTION 106 CONTROL OF MATERIAL Section 106 of the Standard Specifications is hereby revised for this project as follows: In subsection 106.12, delete the second paragraph and replace it with the following: The original Certificate of Compliance shall include the Contractor's original signature as directed above. The original signature (including corporate title) on the Certificate of Compliance, under penalty of perjury, shall be of a person having legal authority to act for the manufacturer. It shall state that the product or assembly to be incorporated into the project has been sampled and passed all specified tests in conformity to the plans and specifications for this project. One legible copy of the fully signed Certificate of Compliance shall be furnished to Weld County prior to installation of material. The original shall be provided to Weld County before payment for the represented item will be made. In subsection 106.13, delete the second paragraph and replace it with the following: The Certified Test Report shall be a legible copy or an original document and shall include the Contractor's original signature as directed above. The signature (including corporate title) on the Certified Test Report, under penalty of perjury, shall be of a person having legal authority to act for the manufacturer or the independent testing laboratory. It shall state that the test results show that the product or assembly to be incorporated into the project has been sampled and passed all specified tests in conformity to the plans and specifications for this project. One legible copy or original document of the fully signed Certified Test Report shall be furnished to Weld County prior to installation of material. Failure to comply may result in delays to the project or rejection of the materials. BID NO #B1800076 Page 52 1 REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC Section 107 of the Standard Specifications is hereby revised for the project as follows: Subsection 107.01 shall include the following after the first paragraph: Failure to comply with all contractual obligations may lead to the suspension, debarment or both of the Contractor as stipulated in the "Rules". Subsection 107.06 shall be revised to include the following: The Contractor and any subcontractor shall not require any laborer or mechanic employed in performance of the Contract to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety, as determined under construction safety and health standards (Rules and Regulations of the Federal Occupational Safety and Health Act of 1970 (OSHA) and as amended). All facilities and work conditions shall comply with the Colorado and Local Health Department Regulations and with OSHA requirements. Subsection 107.15 shall be revised to include the following: For this project, the insurance certificates shall name Weld County (Weld) as additionally insured parties. Subsection 107.17 shall be revised to include the following before the first paragraph: The Contractor shall assess and understand the risk of working within a waterway. Such risks include but are not limited to: floods, high groundwater, and fluctuation in flows. The Contractor shall be responsible for constructing and maintaining all temporary facilities within the waterway such as cofferdams and diversion of channel flows. Such work shall be subsidiary to other items of work. Subsection 107.17 — Delete the third paragraph beginning with "Loss, injury, or damage to the work..." and replace with the following: Loss, injury, or damage to the work due to unforeseeable causes beyond the control of and without fault or negligence of the Contractor, including but not restricted to acts of God, such as flood, earthquake, tornado, or other cataclysmic phenomenon or nature shall be restored by the Contractor at no cost to the County. Subsection 107.19 shall be revised to include the following: The Contractor shall be required to obtain permission to conduct any work, store materials or stockpiles, or park any construction equipment or vehicles on private property. The Contractor shall conduct their work within the right-of-way and easement boundaries shown on the Contract Drawings. If working in the County right-of-way, the Contractor shall obtain a right-of-way permit from the Public Works Right -of -Way Permitting Technician, 970-304-6496. The Contractor's attention is directed to this subsection: Subsection 107.25 shall be revised to include the following prior to the first sentence: The requirements as called out in this subsection will be strictly enforced. Subsection 107.25(c) Delete subsection 107.25(c): END OF SECTION BID NO #B1800076 Page 53 1 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.02 Notice to Proceed. Delete in its entirety. Subsection 108.08 Determination and Extension of Contract Time. Delete the second paragraph beginning with: "The Contractor shall not ...." END OF SECTION BID NO #B1800076 Page 54 1 REVISION OF SECTION 109 MEASUREMENT AND PAYMENT Section 109 of the Standard Specifications is hereby revised for the project as follows: Subsection 109.06 — Delete subsections 109.06(a) and (b) Subsection 109.07 — Payment for Materials on Hand (Stockpiled Material). Delete and replace with the following: Partial monthly payments to the Contractor for completed work will include payment only for materials actually incorporated in the work unless otherwise approved by Weld County END OF SECTION BID NO #B1800076 Page 55 1 REVISION OF SECTION 201 CLEARING AND GRUBBING Subsection 201.01 — Add the following sentence to the end of the first paragraph: "Clearing and grubbing also includes the removal and replacement of fencing, signs and delineators (if required), the removal of excess soil (if required), and the minor grading of slopes to establish a smooth surface on which to complete the required work." Payment will be made under: Pay Item Pay Unit Clearing and Grubbing Acre END OF SECTION BID NO #B1800076 Page 56 1 REVISION OF SECTION 202 REMOVAL AND MAINTENANCE OF EROSION LOGS (12 INCH)(10 FOOT), EROSION BALES, SILT FENCE AND SEDIMENT BASINS (L= 20 FOOT, W= 5 FOOT, D= 2 FOOT) Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection 202.01 the first paragraph shall include the following: This work consists of the removal and maintenance of erosion logs (12 inch)(10 foot), erosion bales, silt fence and sediment basins (L= 20 foot, W= 5 foot, D= 2 foot). Subsection 202.02 General shall include the following: Removal of erosion logs (12 inch)(10 foot), erosion bales, silt fence and sediment basins (L= 20 foot, W= 5 foot, D= 2 foot) shall be removed as directed in the Work Order. The Contractor shall properly remove the items from the site and dispose in a proper manner and the ground raked or groomed to match the surrounding ground surface. Maintenance of erosion logs (12 inch) (10 foot), erosion bales, silt fence and sediment basins (L= 20 foot, W= 5 foot, D= 2 foot) shall be maintain as directed in the Work Order. The Contractor shall properly restake, reset, or remove damaged or deteriorated materials and replace with new. Removed items shall be removed for the site and disposed of in proper manner. 202.12 BASIS OF PAYMENT Subsection 202.12 shall include the following: Payment will be made under: Pay Item Pay Unit Removal and Maintenance of Erosion Log (12 Inch)(10 Foot) Each Removal and Maintenance of Erosion Bales Each Removal and Maintenance of Silt Fence LF Removal and Maintenance of Sediment Basin (L= 20 Foot, W= 5 Foot, D= 2 Foot) Each Payment for placement with new items will be paid for under the work for those items. Payment for labor, materials (stakes, etc.) and equipment need to perform the above work will not be paid for separately but shall be included in the unit cost of the work. END OF SECTION BID NO #B1800076 Page 57 1 REVISION OF SECTION 207 TOPSOIL Section 207 of the Standard Specifications is hereby revised for this project as follows: Subsection 207.01 shall include the following: This work includes imported or onsite topsoil that is to be placed in the disturbed area within the project limits that are to receive sod and native seed. Section 207.02(a) shall be added: Hydraulic Growth Mediums (HGMs) are composed from a combination of thermally and mechanically processed straw and flexible flax fibers; sphagnum peat moss or certified compost and other organic growth enhancing additives. The HGMs require no curing time, provides exceptional seedling germination and plant establishment, assist in soil building, and provides erosion control. The HGMs shall be based on their composition for different soil building, vegetation establishment and erosion control characteristics. All materials shall be prepackaged and at no time shall it be allowed for onsite mixing of fiber materials. HGM shall be utilized at the direction of Weld County as a substitute for topsoil. A hydraulically -applied matrix containing a two part system composed of: 1. An organic fiber material component consisting of a combination of thermally and mechanically processed straw, flexible flax fibers, a minimum of 30% sphagnum peat moss or compost; and other growth enhancing additives which is a substance on or in which plants can be grown. 2. A soil chemistry and stabilizer material containingboth long chain and cross -linking molecules in conjunction with a hydrocolloid based bonding agent. The HGM shall be used to provide a substance on or in which plants can be grown, for seed germination, plant growth/establishment and soil -building characteristics in conditions of marginal or extremely poor soils where there is minimal to no organic matter present. HGMs are typically applied at a minimum rate of 3,500 pounds per acre with 35-70 pounds per acre of the soil chemistry materials (See Table 207-1). Special application rate considerations are required depending on environmental and soil conditions along with erosion potential on the site. Organic Fiber Materials - At no time will field mixing of organic fiber materials be allowed. Biotic Earth HGM Black - shall be 40% by volume of thermally and mechanically processed straw, flexible flax fibers; 58% by volume of sphagnum peat moss or compost, 2% by volume of addition materials that provides plant derived valuable trace minerals, sugars, starches, proteins, fiber and 16 amino acids including folic acid, vitamin A, and tricontanol growth stimulant/regulator; and mycorrhiza inoculants. Type 2 material is for use on areas where <3% organic material is present or the soil has not supported growth in the last 18 months. Soil Chemistry Materials Soil chemistry and stabilizer shall be a composition of materials made from long chain polymer and cross -linking molecules in conjunction with a hydrocolloid vegetable gum based bonding agent to provide effective soil structure stabilization, water infiltration, and most importantly to adhere mulch to the soil surface. BID NO #B1800076 Page 58 2 REVISION OF SECTION 207 TOPSOIL SUBMITTALS A. Product Data: Manufacturer or representative shall submit Application Rates Guide, Installation and Mixing Instructions, and Product Specifications. B. Certifications: Manufacturer or representative shall submit a letter of certification that the products meets or exceeds all material composition requirements, laboratory testing properties, and product packaging requirements. Certification shall detail that the straw or fiber was processed at over 160 degrees Fahrenheit to ensure material is weed free. DELIVERY, STORAGE, AND HANDLING All materials shall be delivered in ultraviolet and weather resistant factory labeled packages. Material shall be store in a cool dry place away from open flames ensuring strict adherence to manufacturer recommendations. PLANT ESTABLISHMENT ENDURANCE Functional longevity observed for plant establishment Biotic Earth HGM — Black HGM for use in areas where there are extremely poor soils for vegetative growth and/or exposed sub soils and vegetation establishment will take up to 12 months and moderate erosive forces. COMPOSITION All components of the HGM shall be pre-packaged by the Manufacturer to assure material performance and in compliance with the following values. At no time will field mixingof fibers be allowed. Biotic Earth - HGM Black Composition 40% by volume of thermally and mechanically processed straw and flexible flax fibers (FFF) 57% by volume of professional grade sphagnum peat moss 1.26% by volume other valuable trace minerals, sugars, starches, proteins, fiber and 16 amino acids including folic acid, vitamin A, triaconnatol and triacontanol growth stimulants/regulators. <1 % by volume fungal mycorrhizae and plant beneficial bacteria Rates Table 207.1 Product Parent Soil Organic Content Recommended Application Rate lbs/acre (kg/ha) HGM Black <1% 4500 (5000) <2% 3500 (3900) <3% 3000 (3400) Soil Chemistry Soil Type Rate Recommendation Earthbound 2000 Sand 351bs per acre Slopes >3:1 Clay 701bs per acre Earthbound Scientific Sand 701bs per acre Slopes <3:1 Clay 1401bs per acre BID NO #B1800076 Page 59 3 REVISION OF SECTION 207 TOPSOIL INSTALLATION A. Strictly comply with manufacturer's installation instructions and recommendations. B. Mixing: a. Fill hydro -seeder tank with water to a level where the paddles are 1/4 covered and may be activated. b. Activate the mechanical agitation system. c. Prime pump and any discharge hoses before adding any HGMs. d. Add the appropriate amount and type of soil stabilizer and tackifier as recommended for the site specific application. Allow soil stabilizer and tackifier and water to mix for 5 minutes prior to adding HGMs. Please see manufacturer application rate chart for amounts of specific Soil Stabilizer & Tackifier and HGMs. e. Continue filling tank with water to approximately'/ full and begin adding bags of HGMs. f. All quantity of HGMs should be added before the water level reaches 85% of the tanks capacity. g. Add seed and/or other amendments to slurry as required. h. Completely fill tank with water and allow slurry to mix for a minimum of 5 minutes or until all HGMs are mixed into a consistent slurry. C. Application: 1. Prior to application and mixing of the HGM it is recommended that the site be measured and marked to known areas to ensure appropriate seed, amendment, and HGMs application rates. 2. Bring hydro -seeder to appropriate operating speed and agitator speed for slurry application. 3. Apply in a consistent and even manner across soil surface. 4. Apply from opposite directions to ensure the highest level of coverage, effectiveness, and performance. 5. If you need to stop spraying at any time, close the spray nozzle at the end of the hose to avoid water draining from the hose. If you are using a tower applicator, stop normally and upon restart remove the spray tip, discharge a small amount of HGMs, replace the tip and return to applying the product. 6. Tillage of HGM into subsoil strictly not recommended in any situation. HGMs can be used in channels, swales or other concentrated flow areas when used in conjunction with a rolled erosion control product. On slopes or areas of sheet flow, EcoMatrix (3,000 lbs/ac) can be applied over top Biotic Earth. CLEANING Clean equipment per the equipment manufacturer's recommendations. Subsection 207.02(b) shall be added: The source of topsoil for this project is undesignated. Topsoil can be salvaged from the project site or imported. Imported topsoil shall be approved by the County before use. The Contractor shall submit a 1 pound sample of the product four (4) weeks before its use on the project site for the County's approval. A Certificate of Compliance shall be provided to the County to verify the organic matter content, pH and carbon matter to nitrogen ratio. Soil tests shall be method of Soil Analysis used at the Colorado State University Soil Testing Laboratory. Topsoil salvaged from the project site must be amended / conditioned to meet the requirements of this specification. The topsoil shall have an acidic reaction of 6.0 to 7.5 pH and shall contain between 1 and 4 percent well composted organic matter. Any organic amendments shall include the following: BID NO #B1800076 Page 60 4 REVISION OF SECTION 207 TOPSOIL An organic product containing a mixture of well-rotted/composted cow or sheep manure and or composted aspen humus or wood residue or approved equal (sphagnum or native mountain peat is not acceptable). Organic product that has been aerobically and naturally processed in such a manner as to maintain a consistent temperature of 140 degrees Fahrenheit 60 degrees Celsius or greater for a period of time that is long enough to accomplish the following specifications: 1) The windrows of composted organic amendment (cow or sheep manure) have to be composted for 70 to 90 days. Certification must be provided to prove the product has gone through this process. 2) Eradicate harmful pathogens including coliform bacteria. 3) Free from noxious weeds or their seeds or any plant, root or seeds that would be toxic or harmful to growth. 4) Create a carbon to nitrogen ratio of no less than 15/1 to 25/1. 5) Contain no solid particle greater than 13 mm'/2" in diameter. 6) Have a non -offensive smell similar to fresh turned soil. 7) Contain no significant level of dirt or soil and contain a maximum of 30% composted wood residue (pine or aspen wood) (saw dust is unacceptable). 8) The pH after composting shall be between 5.0 and 7.5 with an organic matter content of not less than 30%. 9) Soluble salts shall not be greater than 3mmhos/cm. Topsoil shall contain the following minimum ammonium DTPA (chelate) extractable nutrients (this is the extracting solution used by CSU Soil Testing Laboratory). Nitrogen 5 ppm Air dried Basis Phosphorus 5 ppm Potassium 30 ppm Iron (Fe) 5 ppm Topsoil shall not include any minerals or elements detrimental to plant growth. Soluble salts measured in saturation extract shall be less than 3 mmhos/cm. Subsection 207.04 replace the last paragraph with the following: Imported Topsoil and Topsoil salvaged from the roadways that meets the requirements of Section 207 will be measured by the cubic yard. The volume of Topsoil will be determined by measuring the area in which the Topsoil is placed and multiplying the area by 0.33 feet. Subsection 207.04 shall include the following: The addition of manure or soil amendments needed to bring the topsoil into conformance with the specifications will not be measured and paid for separately, but shall be included in the work. Stockpile topsoil activities shall be included in the price of the work. Soil analysis shall not be paid for separately, but shall be included in the cost of the work. Subsection 207.05 shall include the following: Payment for Topsoil shall include imported Topsoil and Topsoil salvaged from the roadways and placed in stockpiles or windrows, and subsequently placed upon completed cut and fills slopes. Salvaged Topsoil shall meet the requirements of this specification. All materials and work required to amend salvaged Topsoil so that BID NO #B1800076 Page 61 5 REVISION OF SECTION 207 TOPSOIL it meets the requirements of Section 207 shall be included in the unit price bid for Topsoil. All work required for Topsoil shall be included in the unit price bid. Payment will be made under: Pay Item Pay Unit Topsoil (4" thick) Biotic Earth — HGM Black END OF SECTION Cubic Yard Square Yard BID NO #B1800076 Page 62 1 REVISION OF SECTION 208 EROSION CONTROL Subsection 208.11 shall include the following: All BMPs measured by the linear foot shall be determined along the centerline of the BMP. Measured length will not include required overlap. Payment will be made under: Pay Item Pay Unit Erosion Log (type I) (12 Inch) (10') Each Erosion Bales (Weed Free) Each Silt Fence LF Sediment Basin (L=20', W=5', D=2') Each Sediment Removal and Disposal (Labor and Equipment) HR END OF SECTION BID NO #B1800076 Page 63 1 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING Section 212 of the Standard Specifications is hereby revised for this project as follows: In Subsection 212.02 delete second paragraph beginning with "Seed types..." and replace with: SEEDING Mycorrhiza shall be added to the seed mix at time of seeding as a seed coating. The rate will be at two (2) pounds per acre of seed. Unless specified otherwise. The Contractor will supply the Project Manager with information on the source and type of Mycorrhiza being used. Cost to add Myconhiza shall be included in bid unit price of the placement. SEED MIXTURE (ROADWAYS NORTH OF CR 74 Common Name Pounds PLS/Acre Buffalo Grass (Texoka, Sharps Improved) 1.50 Little Bluestem (Blaze, Cimarron, Camper) 1.50 Sideoats Grama (Vaughn, Butte, Niner, El Reno, Haskell) 2.00 Blue Grama (Hachital, Lovington) 3.50 Western wheatgrass (Arriba, Barton, Rosana) 3.00 Switchgrass (Nebraska 28, Blackwell) 1.50 Perennial Ryegrass (Calibra or Garibaldi tetraploid) 0.75 Sand dropseed 0.25 Total 14.00 SEED MIXTURE (ROADWAYS SOUTH OF CR 74) Common Name Pounds PLS/Acre Western wheatgrass (Arriba, Barton, Rosana) 2.50 Blue Grama (Hachital, Lovington) 1.50 Sideoats Grama (Vaughn, Butte, Niner, El Reno, Haskell) 2.25 Smooth Brome (Lincoln, Manchar) 2.00 Sand dropseed 0.25 Perennial Ryegrass (Calibra or Garibaldi tetraploid) 0.75 Slender Wheatgrass (Pryor, Revenue, or San Luis) 2.50 Alkaligrass (Fults II, Salt on Sea) 1.25 Switchgrass (Nebraska 28, Blackwell) 1.50 Total 14.00 BID NO #B1800076 Page 64 2 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING SEED MIXTURE (KOSKIE, LEHR, PIERCE NORTH, ASHBAUGH, FISCUS NORTH, AND GEISERT GRAVEL PITS) Pounds Common Name PLS/Acre Buffalo Grass (Texoka, Sharps Improved) 4.50 Little Bluestem (Blaze, Cimarron, Camper) 1.00 Sideoats Grama (Vaughn, Butte, Niner. El Reno, Haskell) 2.00 Blue Grama (Hachital, Lovington) 3.00 Green Needlegrass 1.00 Western wheatgrass (Arriba, Barton, Rosana) 1.50 Switchgrass (Nebraska 28, Blackwell) 1.00 Total 14.00 SEED MIXTURE (PIERCE GRAVEL PIT Pounds Common Name PLS/Acre Switchgrass (Nebraska 28, Blackwell. Grenville, Pathfiner) 2.50 Yellow Indiangrass (Llano, Holt, Cheyenne, Oto) 1.00 Prairie Cordgrass 1.00 Sideoats Grama (Vaughn, Butte, Niner, El Reno, Haskell) 2.00 Western wheatgrass (Arriba, Barton, Rosana) 2.75 Smooth Brome 2.50 Streambank Wheatgrass 1.50 Blue Grama (Hachital, Lovington) 1.50 Sand Dropseed 0.25 Total 15.00 SEED MIXTURE (KOENIG, BEARSON, AND HOKESTRA GRAVEL PITS Pounds Common Name PLS/Acre Western wheatgrass (Arriba, Barton. Rosana) 6.00 Smooth Brome (Lincoln, Manchar) 2.00 Sideoats Grama (Vaughn, Butte, Niner, El Reno, Haskell) 2.00 Blue Grama (Hachital, Lovington) 3.00 Switchgrass (Nebraska 28, Blackwell) 1.00 Total 14.00 Sterile Wheat will be added to the Seed Mixtures as a nurse crop if requested by Weld County at a rate of 15 PLS per acre. The cost to complete this will be included in the 212 Seeding (Nurse Crop) line item. The seed �an used- for the totat seed mixture price. Seeding rates shall be doubled when placed by Hydraulic Seeding, cost include in the unit bid price for the placement. Native grass seeding shall be done using a Native Grass Drill. The sterile wheat shall be done using a Grain Drill. In subsection 212.03 delete the seeding seasons table and replace it with the following: BID NO #B1800076 Page 65 3 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING Zone Spring Seeding Fall Seeding Below 6000' April 1st or thaw to May 15th R ' November 1st to December 15th or_until consistent ground freezer `.,, , Section 212 06 shall be modified to include the following Soil Preparation and Seeding Soil in all areas to receive native seed shall be fertilized and conditioned For soil preparation of native grass areas, the fertilizer shall be a complete starter fertilizer having the chemical analysis of Richlawn (8% Nitrogen, 2% Phosphoric Acid, and 1% Potassium) or approved equivalent Fertilizer shall be scarified and turned under the area designated to be seeded to a depth of four inches (4") to free seeds and other plants Apply the specific fertilizer in the native grass area at the rate of five (5) pounds per one thousand (1,000) square feet and work it into the soil to a depth of four inches (4") with a disc, spring tooth harrow or other suitable equipment A soil test shall be performed if fertilizers in excess of five (5) pounds per one thousand (1,000) square feet are used Subsection 212 07 shall be revised as the following No separate measurement and payment will be made for fine grading or fertilizer for native seeding This work shall be included in the Unit Price bid for native seeding The unit price paid for native seeding shall include all of the Contractor's costs including all labor, material, equipment and incidentals required to install seed, mulch and mulch tackifier Payment will be made under Pay Item Pay Unit Seeding (Native) (Roadway) (North of WCR 74) Acre Seeding (Native) (Roadway) (South of WCR 74) Acre Seeding (Native) (Pierce Gravel Pit) Acre Seeding (Native) (Koskie, Lehr, Pierce North, Ashbaugh, Fiscus North, and Geisert Gravel Pits) Acre Seeding (Native) (Koenig, Bearson, Hokestra Gravel Pits) Acre Seeding (Nurse Crop) Acre Broadcast seeding (Native) SY Hydraulic (Seeding) (Native) (North of WCR 74) Acre Hydraulic (Seeding) (Native) (South of WCR 74) Acre Sod (Lawn) SF Soil Conditioning Acre END OF SECTION BID NO #B1800076 Page 66 1 REVISION OF SECTION 213 MULCHING Section 213 of the Standard Specifications is hereby revised for this project as follows: In subsection 213.04, Delete the second paragraph and replace with the following: The quantity of hydro -mulch and tackifier will not be measured separately, but will be included in the measurement for seeding. In subsection 213.05, Add the following: Mulching (Hydro -mulch with Tackifier) shall be considered incidental to seeding (native). subsection 213.05 shall include the following: Payment will be made under: Pay Item Pay Unit Mulch (Straw) (Weed Free) (1.5 tons/acre) Acre Hydraulic Mulch Acre END OF SECTION BID NO #B1800076 Page 67 1 REVISION OF SECTION 216 SOIL RETENTION COVERING Section 216 of the Standard Specifications is hereby revised for this project as follows: 216.01 DESCRIPTION Subsection 216.01 is hereby revised to include the following: This work consists of furnishing, preparing, applying, placing. and securing turf reinforcement mats and other bioengineering and bank stabilization techniques for erosion control on slopes as designated in the Work Order or as directed. This work shall also include site preparation to proper depth, placement of native soil over the turf reinforcement mat as recommended by the TRM manufacturer or as directed by Weld County. When Soil Retention Blankets (bio-degradable) are required the work will be paid for separately per Section 216 Soil Retention Blanket (straw/coconut). MATERIALS Subsection 216.02 (b) is hereby revised to include the following: Turf Reinforcement Mat shall be Class 2 or Class 3 as identified by the County. Class 2 Turf Reinforcement Mat shall be Lanklok 450 or approved equivalent. Class 3 Turf Reinforcement Mat shall be Landlok 300, Pyramat, or approved equivalent as specified by the County. The installation of the Turf Reinforcement Mat shall be in strict accordance with the manufacturer's recommendations and detail proved on page 94. When requested by Weld County samples of the Turf Reinforcement Mat shall be submitted in advance of its use on the project for approval. When requested by Weld County the manufacturer's representative shall be present during the initial installation of Turf Reinforcement Mat and approve all processes and procedures being used. Costs associated with this shall not be paid for separately but shall be included in the work. Subsection 216.02 (c) is hereby revised to include the following: Staples/Pins: Staples and/or pins for Turf Reinforcement Mat shall be in strict accordance to the manufacturer's installation guidelines. Samples of staples and stakes shall be submitted in advance of its use on the project for approval by Weld County. Payment will be made under: Pay Item Pay Unit Soil retention Blanket (Straw/Coconut) SY Class 2 TRM (landlock 450 or approved equivalent) SY Class 3 TRM (landlock 300 or approved equivalent) SY Class 3 TRM (Pyramat or approved equivalent) SY END OF SECTION BID NO #B1800076 Page 68 1 REVISION OF SECTION 626 MOBILIZATION Section 626 of the Specifications is hereby revised for this project as follows: Subsection 626.01 BASIS OF PAYMENT shall be deleted in its entirety and replaced with: 626.02 Payment for mobilization will be made per the "Items" of work shown in the Work Order. Mobilization (Item 202) will be paid for once for any or all mobilizations required by the Work Order requiring any or all of the items shown with Item 202; Mobilization (Item 208) will be paid for once for any or all mobilizations required by the Work Order requiring any or all of the items shown with Item 208; Mobilization (Item 212 and 213) will be paid for once for any or all mobilizations required by the Work Order requiring any or all of the items shown with Item 212 and 213: Mobilization (Item 216) will be paid for once for any or all mobilizations required by the Work Order requiring any or all of the items shown with Item 216. Payment will be made under: Pay Item Mobilization (Item 202)(North/South) Mobilization (Item 208)(North/South) Mobilization (Item 212 and 213) (North/South) Mobilization (Item 216) (North/South) END OF SECTION Pay Unit Each Each Each Each BID NO #B1800076 Page 69 1 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised for this project as follows: Traffic Control - Signs Only shall include all signage, traffic control inspection, and traffic control management required for the project. (MUTCD TA -6) Traffic Control — Lane Closure shall include all signage, flaggers, traffic control inspection, and traffic control management required for the project. (MUTCD TA -10) Subsection 630.01 shall include the following: The Contractor shall submit a traffic control plan to the County for review and approval prior to construction The plan shall address all phases of construction. The Contractor shall take all necessary measures to maintain a normal flow of vehicular and pedestrian traffic to prevent accidents and to protect the work throughout the entire project. The Contractor shall make the necessary arrangements to reroute traffic, provide and maintain barriers, cones, guards, barricades, and construction warning and regulatory signs. Detours, street closures, and driveway closures which are required for the protection of the traveling public during construction of this project are included within the scope of traffic control and shall not be paid for separately. It shall be the Contractor's responsibility to maintain roadway traffic safety, adequately, and continuously on all portions of existing roads and cross roads affected by this work. The Contractor shall maintain that portion of the existing roadway being used to carry traffic so that traffic may readily pass over it, including provisions of any requiring temporary pavement markings. Placement and removal of temporary striping shall not be paid for separately but shall be included in the work for Traffic Control. If it becomes necessary to properly move traffic through the construction area. flaggers shall be posted to slow down and reroute traffic. Flaggers are required when workers or equipment intermittently block a traffic lane. Flaggers shall be wearing Class 3 high visibility safety apparel and shall be equipped with a sign paddle. Subsection 630.18 shall be revised to include the following: Pay Item Lane Closure Signs Only END SECTION Pay Unit Day Day BID NO #B1800076 Page 70 TRAFFIC CONTROL PLAN - GENERAL Special Traffic Control Plan requirements for this project are as follows: Subsection 104.04 and Section 630 of the CDOT specifications. Standard Plan S-630-1, Traffic Controls for Highway Construction, and Standard Plan S-630-2. Prior to commencing work at site, the Contractor shall review the traffic control setup with the Construction Inspector, and receive verbal approval to proceed with construction. The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time, unless directed. The Contractor and his subcontractors shall equip their construction vehicles with flashing amber lights. Flashing amber lights on vehicles shall be visible from all directions. The Contractor shall be responsible for providing all required traffic control devices necessary to construct the project in accordance with the guidelines set forth within the most recent version of the Manual on Uniform Traffic Control Devices, and the CDOT M&S Standards. All costs incidental to the foregoing requirements shall be included in the original contract prices for the project. There shall be no individual payment for a Traffic Control Supervisor or Traffic Control Inspector. but the work shall be included in the project. Resetting, repairing, or replacing Traffic Control Devices is considered maintenance of the devices. Cleaning and maintenance of Traffic Control Devices shall not be paid for separately. but shall be included in the work. I I BID NO #B1800076 Page 71 UTILITIES COORDINATION The work described in these plans and specifications requires coordination between the Contractor and the utility companies in accordance with subsection 105.10 in conducting their respective operations as necessary to complete the utility work with minimum delay to the project. The known utilities are shown on the Contract Drawings. However, additional unknown utilities may exist within the project limits, and the location of known utilities is estimated and the accuracy of shown utility locations is not guaranteed. The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements") when excavation or grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at least two (2) business days, not including the day of notification, prior to commencing such operations. The Contractor shall contact the Utility Notification Center of Colorado (UNCC) at 1-800-922-1987 to have locations of UNCC registered lines marked by member companies. All other underground facilities shall be located by contacting the respective company. Utility service laterals shall also be located prior to beginning excavating or grading. BASIS OF PAYMENT All costs incidental to the foregoing requirements will not be paid for separately but shall be included in the work. No monetary compensation will be made to the Contractor for delays or any other issues related to utility conflicts. 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OR sflt CAD .C N ISM • OP Cast • • KD Site 1 - Hokestra Gravel Pit Site 2 - Geisert Gravel Pit Site 3 - Pierce Gravel Pit Site 4 - North Pierce Gravel Pit Site 5 - Koskie Gravel Plt Site 6 - Peters Gravel Pit Site 7 - North Fiscus Gravel Pit Site 8 - Sh 392 and 74 Site 9 - CR 67 Crow Creek Pipe Crossing Site 10 - CR 90 from 45.5 to 57 Site 11 - CR 105 from SH 14 to 390 Site 12 - CR 18 from 33 to 37 BID NO #B1800076 Page 73 UTILITIES COORDINATION The work described in these plans and specifications requires coordination between the Contractor and the utility companies in accordance with subsection 105.10 in conducting their respective operations as necessary to complete the utility work with minimum delay to the project. The known utilities are shown on the Contract Drawings. However, additional unknown utilities may exist within the project limits, and the location of known utilities is estimated and the accuracy of shown utility locations is not guaranteed. The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements") when excavation or grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at least two (2) business days, not including the day of notification, prior to commencing such operations. The Contractor shall contact the Utility Notification Center of Colorado (UNCC) at 1-800-922-1987 to have locations of UNCC registered lines marked by member companies. All other underground facilities shall be located by contacting the respective company. Utility service laterals shall also be located prior to beginning excavating or grading. BASIS OF PAYMENT All costs incidental to the foregoing requirements will not be paid for separately but shall be included in the work. No monetary compensation will be made to the Contractor for delays or any other issues related to utility conflicts. END OF SECTION BID NO #B1800076 Page 72 EXHIBIT A SITE MAP a .S. r • To r II ■ so in • . • I • . •' a• • � J _ Ss mine • • ■ I . ■ • • • • • a. ■ I I .i �.. • •'- --J ■Ca..J■ • at • • . ■ • -9• • ■; .• r nasal. . t ■ • • • ■ • • • I • I • r7. • . . I I i 441.,11 .- Oa..♦ • ..' •.• • • .sa..9• I /AO ■ . I .• • / _ $•.•.••4 •10••••••••S _ • .• . ■ • • • ......7• I ..a.: i. S? ••f • S••4 A 5Wm [Site 6 a• • * 0 • • •I ., • • awl -nisi • r.4.a■! R CPS ▪ • I I •.'...I • I • • .r tram . .• • • • • • • ■ar.+.al.i.ii.a• a .• • • • . • I•. Dar a.+ar. 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Q.P•: *PIP l..l r• pRnK •ICY In* .CO..=• .. W.itL • C •lt Nnl ClO PC N ens*, O. COS • 4 KO . ate Site 1 - Hokestra Gravel Pit Site 2 - Geisert Gravel Pit Site 3 - Pierce Gravel Pit Site 4 - North Pierce Gravel Pit Site 5 - Koskie Gravel PIt Site 6 - Peters Gravel Pit Site 7 - North Fiscus Gravel Pit Site 8 - Sh 392 and 74 Site 9 - CR 67 Crow Creek Pipe Crossing Site 10 - CR 90 from 45.5 to 57 Site 11 - CR 105 from SH 14 to 390 Site 12 - CR 18 from 33 to 37 BID NO #B1800076 Page 73 9L000818# ON CIM "U eo CFQ STEP L EXCAVATE lit TRENCH rLOW am - 4 " MIN. STAKE STEP Z PLACE AM) S I AKE THE ERASION BALES. STAKE (2" X 2- NOMINAL) STEP ,1, EROSION BALES SHILL BE ENIRENCFKD 4 IN. MINIMUM INTO THE SOIL, TIGHTLY ABUTTED WITH NO GAPS, STAKED, NC BACKFILLED ARWlrO THE ENTIRE OUTSIDE PERIMETER ENTRENCHED MID STAKED ROSION BALE TWINE OR WIRE FILTERED FLOW 12" MIN. TYPICAL EROSION BALE TRENCHING AND STAKING SILT FABRIC SJA'LEQ TO POSTS (TYP.) SILT FENCE FABRIC ANCHORED .__ IN TRENCH POST (I'/t" x I'/t" NOMINAL) TRENCH 6" x 6" 24" MIN. 42" MIN. COMPACT BACKER]. SILT FENCE 24" MIN. 11" Mr. SILT i ENCL FABRIC 12" BURIED 1N TRENCH AND FIRMLY ATTACHED TO POST 6" x 6" TRENCH Ft OW EROSION BALES FLOW WEDGE LOOSE STRAW BETWEEN EROSION BALES V TWINE OP WIRE TOE OF FILL --I END EROSION BALES TO BL )KEYED INTO FILL SLOPE PIPE END SECTION WOOD STAKE (TYP.) (2" it 2" MINIMUM) EROSION BALES SHALL BE ENTRENCHED 4 IN. MINIMUM INTO THE SOIL, TIGHTLY ABUTTED WITH NO GAPS, ED AROUND lit STAKED, NTIRREE OUTSIDE SIDE PERIMETER PLAN VIEW CULVERT EROSION BALE INLET PROTECTION YREMOVE ACCUMULATED SEDIMENT WHEN IT REACHES ILk NSPECTION OFEXPOSED E PERFORMEDECONT INUUOUSL HEIGHT FOR PROF'fR FtAICTION. A STAKES (TYPI O 18" x 16" x 36' EROSION BALES (TYP.) \ 4. PLAN STAKES (TYP.) O `//\\t 4 SECTION A -A EROSION BALE - VARIES L UP TO 2% MAX. SLOPE A POINT C POINT A POINT "A" SHALL BE HIGHER POINT "B" AND BELOW POIN EROSION BALE CHANNEL PROFILE SPACING BETWEEN EROSION BALES KITE: EROSION BALES SKILL BE ENTRENCHED 4 IN. MINIMUM INTO TFx. SOIL TIGHTLY ABUTTED WITH NO NO GAPS, STAKED, I� BO AS E I LEID AR PERIMETER. T Computer Computer File Information Creation Date: 07/04/06 Initials: DO Lost Modification Dote: 07/09/09 Initials: LTA Full Path: www.dot.stote.co.us/DesignSupport/ Drawing File Name: 208010107.dgn CAD 'Ter.: hbcroStotian V8 Scale: Not to Scale Units: Enlist% CIFD GED GED Sheet Revisions Dote: Comments 07/09/09 Rev:sed snee's 4 and 5. Colorado department of Transportation 4201 Eost Arkansas Avenue Denver, Colorado 80222 Phone: (303) 757-9083 Fox: (303) 757-9820 Project Development Branch DD/LTA TEMPORARY EROSION CONTROL STANDARD PLAN NO. M-208-1 issued By: Project Development Branch on .July 04, 2006 Sheet No. 1 of 7 9L0008T8# ON a18 STEP I. PLACE UPSL.OPE ENO OF BLANKET IN A TRENCH 6 IN.DEEP BY 6 IN. WIDE IEP .3. USE A 6 IN.OVERLAP WHEREVER ONE ROLL of BLANKET ENDS AND WITHER BEGINS. STAPLE PATTERN 3' MINLMUM OR AS DIRECTED BY THE ENGINEER I I!,: •‘f •♦ . er 'IA -Worry T r : ;c1 j ego `•2•••••;•••j••j I II ..#-eatt�e•�ee:0♦0.1:14• 4eee ? . // /. �••//////// TOE Cl SLOPE PLACE BLANKET PARALLEL WITH THE DIRECTION OF FLOW AND ANCHOR SECURELY. BRING BLANKET TO THE TOE OF SLOPE OR AS DIRECTED BY THE ENGINEER BEFORE TERMINATING THE INSTALLATION Computer File Information STEP 2. USE A 4 IN.OVERLAP WHENEVER TWO WIDTHS OF BLANKET ME INSTALLED SIDE BY SIDE STAPLE PATTERN:MINIMUM 3 PER SQUARE YARD. STEP 4 CHECK SLOTS SHOULD BE MADE EVERY 35 FT. Ate AT TERMINAL ENDS. INSERT A FOLD Of THE BLANKET INTO A TRENCH 6 IN WIDE BY 6 IN. DEEP AND COMPACT IN CONFORMANCE WITH MA urfrtCTI%ILR'S RECOMMEICATION LAY THE BLANKET SMOOTHLY ON THE SURFACE OF THE SOIL 00 1101 STRETCH THE BLANKET, AND DO NOT ALLOW WRINKLES. INSTALL STAPLES 12 IKON CENTER IN TRENCH. 6" x 6" TRENCH BLAME] ANCHORED IN IRTENCH STAPLE 6" ON CENTER ALONG EDGE smaginummiiiiitag PLACE BLANKET WITH THE DIRECTION Cf FLOW. DO NOT LIN STRIPS 1N THE CENTER OF THE DITCH. PLACE CHECK SLOTS AS REQUIRED. SOIL RETENTION BLANKETS IN ACCUIDANCE WITH St.CIII)N 216 Creation Dote: 07/04/06 Initials: DO Last Modification Date: 07/09/09 Initials: LTA 1: CAi) Vet,: hicroStotion V8 Scale: Not to Scale Ut ts: Iraqis _ ( Full Path: www.dot.stote.co.us/DeslgnSbppor t/ Crowing File "Jame: 208010207.dgn Sheet Revisions Date: Cornrner:ts Colorado Department of Transportation 4201 East Arkansas Avenue Denver, Colorado 60222 - Phone: (303) 757-908 3 Fox: (303) 757-9820 Project Development Branch DD/LTA TEMPORARY EROSION CONTROL STANDARD PLAN NO M-208-1 Issued By: Project Development Branch on Jury 04, 2006 Sheet No. 2 of 7 9L000818# ON 019 Ye TO ''/1" OPEN GRADED CRAWL r ILlER WIRE SCREEN PLACED ARUM CONCRETE RI OCKS PERM -TER FL,„ 0 (TYP.) DROP INLET WITH GRAIL CONCRETE BLOCKS STACKED AROUND THE DROP INLET GRATE OR SLOPE AND DITCH PAVING PLAN VIEW CONCRETE BLOCKS STACKED 24" HIGH SECTION A -A 1/7" WIRE SCREEN 10 PREVENT MOVEMENT (1 GRAVEL (TYP.) cut, STORM DRAIN INLET PROTECTION (TYPE C OR D) DROP INLET WITH GRATE B u o f o a 1 --KM STAKES PLAN VIEW ENTRENCHED EROSION BOLES THE MINIMUM STAKING DEPTH IS THE SAME AS EROSION BALE TRENCHING } SECTION B-8 INLET... EROSION BALE FILTER (TYPE C OR D) N01E:EROSION HALES ARE 10 BE ENTRENCHED 4 1N. INTO THE SOIL, TIGHTLY ABUTTING WITH NO GAPS, SIMED AND BACKFILLE0 AROUND THE ENTIRE OUTSIDE PERIMETER CF GRATE OR SI.OPf AND DITCH PAVING NOTE 0 REMOVE ACCUMULATED SEDIMENT WHEN II REACttS ONE HALF OF EXPOSED INLET PRO TECIICH HEIGHT. INSPECTION SHALL BE PERFORMED CONIIMJOUSLY FOR PROPER FUNCTION. CURB INLET C PLAN VIEW STORM DRAIN INLET PROTECTION INLET PROTECTION DEVICE 0 Low OVFi'LOW N CUR$ INLET SECTION C -C STORM DRAIN INLET PROTECTION (TYPE R) NOTES: 1. INLET PROTECTION SHALL EXTEND 12 IN. PAST EACH END OF THE INLET ME) SE 4 IN. TO 6 IN. IN DIAMETER. 2 INLET PROTECTION MAY CONSIST OF CONTINUOUS FILTER TUBING FILLED w?TH rig/AP 1R PREMANUFACTURED DEVICE Computer File Information 'Creation Gate: 07/04/06 Initials: DO I est Modification Date: 07/09/09 Initials: FS lath: www dot slate.co.us/DesiynSuppor t/ I)rawing File Name: 208010307.dgn ,LAD Yet : McroStotion Y8 Scale: Not to Scoic Lints: Engis• Sheet Revisions Date: Comments Colorado Deportment of Transportation *fort Firalial 4201 East Arkansas Avenue Denver, Colorado 80222 Phone: (303) 757-9083 Fox: (303) 757-9820 Project Development Branch DD/LTA TEMPORARY EROSION CONTROL STANDARD PLAN N() M-208-1 Issuea By: Project Development Branch on Joy 04, 2006 Sheet No. 3 of 7 9L000818# ON CI18 -*Livia QUILL! PROTECTION MN IN I'31 I' X145 i •%.. `4. _4. .' \,•, • rj %%.% • • ••.% DIVERSION BERM -� SECTION PRoviDE OUTLET PROTECTION AS SHOWN ON THE PL/M6 6" MIN, 01k FLEXIBLE PIPE , TEMPORARY SLOPE DRAIN S DIVERSION DAM EARTH BERM OR SILT FENCE BERM • • EARTH BERM ROADWAY OR TOW' fY SI O1E'F WATER SURFACE POINT C it OR DITCr /. 6' MIN. COVER OVER GEOTEXTILE FLOW 1 DITCH SUBEXCAVATE BELOW FLOWLINE POINT C * POINTS A SHALL BE HIDER THAN POINT 8 AND BELOW POINT C TYPICAL SECTION VIEW I = ARIES GEOTEXTILL EROSION CONTROL (CLASS 3) R!PRAP GEOTEXTILE EROSION CONTROL (CLASS 3) 8' SECTION VIEW ALONG DITCH FLOWLINE SECTION DETAIL 41.4 24" CREST HEIGHT 8" MIN. CHECK DAM FOR EROSION CONTROL NOTES: I. RIPRAP SIZE OS50 = 6 IN. OR AS SHOWN ON THE PLANS 2. THE ENDS OF RIPRAP CHECK DAM SHALL BE A MINIM.M Cr 6 IN.HIGI{R THAN CENTER OF CHECK DAM. 3.SEDIIENI SHALL 81 REMOVED WHEN THE DEPTH UPSTREAM FROM CHECK DAM IS %z THE CREST HEIGHT. 4. CHECK DAMS MAY BE TEMPORARY OR PERMANENT AS SHOWN ON THE PEAKS. Computer File Information Creation Dote: 07/04/06 Initials: DD Last Modification Dote: 07/09/09 Initials: LTA Full Path: www.dot.stote.co.us/DesignSupport/ Drawing File Nome: 208010407.drn CAD Ver.: MtroStotion V8 Scale: Not to Scale Urits: En$sh Sheet Revisions Comment s ron ed Class B to Cigss 3 r Goatextile Erosion Contra Coloraao Deportment of Transportation 4201 East Arkansas Avenue Denver, Colorado 80222 Phone: (303) 757-9083 rtem_ Fox: (303) 757-9820 Project Development Branch DD/LTA TEMPORARY EROSION CONTROL STANDARD PLAN NO. M-208-1 Issued By: Project Development Branch on Judy 04, 2006 Sheet No. 4 of 7 9L000818# ON QI8 EXIST INC GROUND A fl - 12' MIN. A COARSE AGGREGATE 3` OR SMALLER •••••-•-••••• 10' PLAN VIEW SHALL EXTEND FILL WIDTH OF INGRESS AND EGRESS OPERATION. EXISTING P� 10' -r GEOTEXTILE (EROSION CONTROL) ELEVATION SECTION EXISTING PAVEMENT (DEPTH VARIES) GEOTEX TILE (EROSION CONTROL) SECTION A -A STABILIZED CONSTRUCTION ENTRANCE NOTE: THE CONTRACTOR SHALL PROTECT ANY CURB AM) GUTTER THAT CROSSES THE ENTRANCE. PROTECTION OF THE CURB AND GUTTER WILL NOT BE PAID KR SEPARATELY, BUT SHALL BE lNCLLOED IN THE WORK. B I 1 LMPURANY RIPRAP OUTLET STRUCTURE b NOTE: SEE PUN SHEETS FOR THE FOLLOWING: RIPRAP SUE DEPTH (DI AND 02) LENGTH (U WIDTH (W) DITCH TYPE, SIZE AN0 LOCATION PLAN VIEW 0 REMOVE ACCUMULATED SEDIMENT WHEN IT REACHES ONE HALF OF STRUCTURE HEIGHT. INSPECTION SHALL BE PERFORMED CONTINUOUSLY FOR PROPER FUNCTION. 24" MINI SPILLWAY 2:1 (1YP.) CEOTEXTILL EROSION CONTRA (CLASS 3) TOP ELEVATION a STRUCTURE SHALL BE SET IN FIELD AS DIRECTED BY THE ENGINEER 24" T DI 24" MIN. 02 ` ZERO GRADIENT CROSS SECTION 8-6 GEDTEXTILE EROSION CONTROL 12" (CLASS 3) SECTION C -C SEDIMENT TRAP/DEWATERING STRUCTURE TOTE: TIC RIPRAP AND GEDTEXTILE ARE INCLUDED IN THE COST OF THE BID ITEM. 24" 24" VARIES SPILL WAY I I TOP OF DITCH SLOPE KIOSK FLOW LINE I:1 SLOPE (TYP.) SAFES VARY 1:1 SLOPE (TYP.) SIGN 5111141. EXISTING GROUND 1 LIMIT OF BERM PF PF Hx D 4 T MIN. F F -I_ EXCAVATED AND CONTAINMENT AREA RAMP 3:1 4' VI`. I TRUCK ACCESS PLAN VIEW FENCE EXCAVATED AREA brA 2:1 (TYP_) MAXIMUM STORAGE (2/3 OF vaLn& AREA) SECTION D -D CONCRETE WASHOUT STRUCTURE NOTES: SIGN MATERIAL, EXCAVATION, MO RESTOTRAT10r Nit INCLUDED IN THE COST OF THE CONCRETE WASHOUT STRUCTURE 2. EROSION BALES MAY BE USED AS AN ALTERNATIVE FOR THE BERM. 3. A FENCE (PLASTIC) CONFORMING TO SUBSECTION 607.02 SHAH BE INSTALLED AROUND THE CONCRETE WASHOUT AREA,EXCEPT AT THE OPENING. 4. TI# CONCRETE WASHOUT SIGN SHALL HAVE LETTERS AT LEAST 3 IN. HUGH AM) CONFORM 10 SUBSECTION 630.02. Computer File Information Creation Dote: 07/04/06 Initials: DD Last Modification Dote:: 07/09/09 Initials: L Fun Path: www.dot.state.co.us/DesignSupport/ Drawing File Name: 208010507.dgn CAD Yer : MicroStution V8 Scale: Not to Scde Units: [nu:: Sheet Revisions Date: Comments CREK)107/09/09 r� JED Added Note 3 and 4 to the Section 0-0 detoii Colorado Deportment of Transportation ear .Mlim• A NAND 4201 Eost Arkansas Avenue Denver, Colorado 90222 Phone: (303) 757-9083 rounnuotimeit Fox: (303) 757-9820 oroject Development Branch DD/LTA TEMPORARY EROSION CONTROL STANDARD PLAN NO. M-208-1 Issued By: Project Development Branch on Jul 04, 200 Sheet No. 5 of 7 9L,000818# ON U18 FLOW PLAN VIEW STAPLES 8" DEEP (TYP.) 0 ND i E : APRON A/CKRED INTO TRfNCH WITH STAPLES AND COMPACTED B#cKFILL POIN! A SILT DIKE SECTION BLANKET OR SOIL SURFACE TYPICAL SECTION P0INI d 51; I I11Kt. SECTICEI fLON POINT A SHALL BE HIGHER THIN POINT B 10 ENSURE THAT WATER FLOWS OVER THE DIKES AND NOT AROIMD THE ENDS. FRONT VIEW SILT DIKE -INSTALLATION FOR DRAINAGE DITCH NOTE:SECTIONS OF THE SILT DIKE SHALL BE TIGHTLY ABUTTED WITH NO CAPS Computer File Information 0 REMOVE ACCUMULATED SEDIMENT WHEN IT REACHES ONE HALF CI STRUCTURE HEIGHT. INSPECTION SHALL BE PI -RHYME) CONT1NLOUSLT FOR PROPER FJbCTIOh. POINT A PLAN VIEW FLOW FLOW POINT A SHALL BE HIGHER THAN POINT B TO ENSURE THAT WATER FLOWS DYER THE DIKES AND NOT AROUND TIE ENDS BL ANKE 1 OR SOIL SURFACE STAPLES 8" DEEP (IYP.) TYPICAL SECTION VIEW I;I+r ti DIKE SECTION FRONT VIEW SILT BERM -VELOCITY CHECKS FOR DRAINAGE DITCH MUTE: SECTIONS OF THE SILT BERM SHALE BE TIGHTLY ABUTTED WITH NO GAPS Creation Dote: 07/04/06 Initials: DO 1 ast Modification Dote: 07/09/09 Initials: ..TA FMK Path: www.dot.stote.co.us/DesignSupport/ Drawing File Name: 208010607.agn CAD) Ver.: WroStotion V8 Scale: Not to Scale Units: Lngisr. _ Sheet Revisions Date: t� Colorndo Deportment of Tronsportntinn 4201 East Arkansas Avenue Denver, Colorado 80222 Phone: (303) 757-9083 _ Fox: (`303) 757-9820 Project Development Branch DD/L I A TEMPORARY EROSION CONTROL STANDARD PLAN NO. M-208-1 Issued By: Project Development Branch on July 04, 2006 Sheet No. 6 of 7 9L0008I8# ON alb CD C POINT TO TIE IN ADOITIONAI INLET PROTECTION USE Two WOOD STAKES lye" x 11" (NOMINAL.) Y SUFFICIENT LENGTH TO BE EMBEDDED AT LEAST 4" INTO THE SOIL AT ALL EROSION LOG ENO5 OR JOINTS USE A STME EVERY 24" NC CONTINUE ALTERNATE ORIENTATION THROUGHOUT THE LENGTH OF THE EROSION LOG TYPICAL STAKE INSTALLATION 0 4mjX TAIQ S TpfaR . (T),p) Ft • WETLANDS OR FEATURES REQUIRING PROTECTION . . /k//,\? /., . . . . . SECTION A -A EROSION LOG APPLICATION . FLOW POINT 10 11 IN ADDITIONAL INLET PROTECTION C L PLAN VIEW EROSION LOGS SHALL BE TIGHTLY ABUTTED WITH NO GAPS (TYP.) EROSION LOG STAKED P410 FILL SLOPE w /4111 77/T / j 6 FLOW • am _a______ILOW / IIMINISR j/ dl41/ STAKES APPROXIMATELY 90• TO EACH OTHER ve amp PLAN VIEW NOTE 0 REMOVE ACCUMLLATEO SEDIMENT WHEN I1 REACHES ONE HALF OF PROTECTION FEATURE WIGHT. INSPECTION SNAIL BE PERFORIED CONTINUOUSLY FOR PROPER FUNCTION. STAKES APPROXIMATELY 90' r0 LACK OTHER EROSION LOG - SEE ADOI T ItNAL DE T AIL S FOR INLET PROTECTION 1N THIS LOCATION\ FLOW( CULVERT EROSION LOG INLET PROTECTION (FOR SLOPES 3:1 DR STEEPER) STAKES APPROXIMATELY 90' f-� 10 EACH 01HER NOTE:LOCATE EROSION LUGS AT THE OUTSIDE EDGE OF THE CONCRETE APRON SECTION C -C DROP INLET EROSION LOG FILTER 1 SECTION 8-B PLAN VIEW POINTS A SHALL BE HIGHER THAN POINT 8. ELEVATION EROSION LOG DETAIL DITCH INSTALLATION htlTE: EROSION LOGS SEAL BE TIGHTLY ABUTTED WITH NO GAPS Computer File Information ,.reatior Dote: 07/04/06 Initials: OD I ost Modification Dote: 07/09/09 Initials: LTA F �I Path:Mww.do;.stote.co.us/DesignSupport/ Drawing File Marne: 208010707.dgn CAD Ver.: MiuoStobon V8 Scots: Not to Scope lints: Lnc - Sheet Revisions Comments Colorado Deportment of Transportation rcirarifi SINS aa- 4201 East Arkansas Avenue Denver, Colorado 80222 isi_ Phone: (303) 757-9083 Fos: (303) 757-9820 project Development Branch DO/L 1 .� TEMPORARY EROSION CONTROL STANDARD PLAN NO. M-208-1 ssueo By: Project Deveioprrc' t Branch on :uy 04,2Oi, i, Sheet No. 7 of 9L000818# ON QI8 TRM TO BE Bt1RRIED 1'-2' BELOW ASPHALT SURFACE (SHOULDER CONDITION ONLY) EXISTING ASPHALT ----_,Iii, V K1'COMPACTED SOIL a ANCHOR TRENCH A ANCHOR TRENCH Al TRM STAPLE OR PINS AS PER MANUFACTURER'S RECOMMENDATIONS ANCHOR TRENCH B SOIL RETENTION BLANKET (CLASS I) SEED O.5' TO 1' TOPSOIL OR SOIL AMENDED /WITHSOIL ,o/ CONDITIONING \TRM SEED 0.5' TO 1- TOPSOIL OR SOIL AMENDED WITH SOH CONDITIONING SOIL FILLED TRM 1. PLACE 3" TOPSOIL AMENDED WITH SOIL CONDITIONING, 2. APPLY SLED AND RAKE INTO SOIL. 3. INSTALL TRM 4. PLACE 0.5" TO 1' TOPSOIL OR SOIL AMEDEO WITH SOIL CONDITIONING. 5. APPLY SEED AND RAKE INTO SOIL 6. INSTALL SOIL RETENTION BLANKET (CLASS I) INSTAL L USING SOIL FILLED TRM DETAIL TYPICAL TYPICAL ROAD CROSS SECTION NOTE: ALL SIDE SEAMS AND END OF ROLL OVERLAPS SHALL FOLLOW MANUFACTURER'S RECOMMENDATIONS Print Dote: 3-6-4 Drawing File None SodBlonket-SHEET dqn WELD COUNTY kulPoth: M:\Projects_Design\flood\Soielonke I•detail Horit. Sc*. NONE Unix Information NONE PUBLIC WORKS DEPARTMENT 1111 H. STREET P.O. BOX 758 GREFI EY, CO. 80632-0758 PHONE: (970) 304.6496 FAX: (970) 304-6497 TURF REINFORCEMENT MAT (TRM) TYPICAL DETAILS Project No./Code NA Designer: Mari LaPorte Drafter. StnxturP _ Numbers Sheet Subset. Subset Sheets' Sheet Number o' t Exhibit B Rose Everett _ _ From Sent• To Subject Attachments Roger Holiday <allcowboyestimating@gmail corn> Monday, April 02, 2018 5 00 PM bids 2018 Weld County Erosion Control & Revegetation Weld County 2018 pdf I herby wave my right to a sealed bid Attached is the 2018 Weld County Erosion Control & Revegetation bid Please send confirmation when received If you have any questions please let us know Thank you Brady Buum All Cowboy Erosion Control 303-710-2808 Sent from Mail for Windows 10 ACKNOWLEDGEMENT OF BID DOCUMENTS Bid Opening Checklist: All the following pages must be submitted with every bid submittal. Failure to Submit any of these documents will disqualify your bid. 2018 Bid Schedule, All columns on the bid tab are to be completed For bid items with quantities of zero, Weld County still wants a unit price for the bid item Those bid items will subsequently carry over to the total Colum as $0. The purpose of the bid items with zero quantities is to allow Weld County the flexibility to potentially use the erosion control contractor to perform those specified tasks during possible contract renewals 1< a4 Bid Bond IRS Form W-9 Statement of Qualifications and Subcontractors Receipt of addenda(s), if any, should be signed. i have initialed each of the above items and have fully executed the corresponding documents I hereby Acknowledge and understand the above required bid documents Dated this o� day of By • !ale A\ CUL° 19:_rtit;I)n COA\ICik (Contracto ) 20 t� VP 1 BID NO #B1800076 Page 22 2018 BID SCHEUDLE ITEM 2U' 20t 201 2a1 20f 207 20$3 20$ 2043 213 2013 21f 21? 21? 21i Zii 27i 21 21t 21t 21t 21f 21 21$ 21t 21t 216 21t 62f f2¢ 62� 62t 62t 62t 62t 62t 639 631 'Thp above quantifies are provided as information res onslble bidder, actual quantities may vary } ITEM DESCRIPTION CLEARING AND GRUBBING REMOVAL OR MAINTENANCE OF EROSION LOG (12 INCH) (10 FOOT) REMOVAL OR MAINTENANCE OF EROSION BALES REMOVAL OR MAINTENANCE OF SILT FENCE REMOVAL OR MAINTENANCE OF SEDIMENT BASIN (L= 20 FOOT, W=5 FOOT, D= 2 FOOT) TOPSOIL EROSION LOGS (Type I) (12 INCH) (10 FOOT) EROSION BALES (WEED FREE) SILT FENCE SEDIMENT BASIN (L= 20 FOOT, W=5 FOOT. 0= 2 FOOT) SEDIMENT REMOVAL AND DISPOSAL SOD (LAWN) SEEDING (NATIVE) (ROADWAY) (NORTH OF WCR 74) SEEDING (NATIVE) (ROADWAY) (SOUTH OF WCR 74) SEEDING (NATIVE)(PIERCE GRAVEL PIT) SEEDING (NATIVE)(KOSKIE, LEHR, PIERCE NORTH, ASHBAUGH, FISCUS NORTH, AND GEISERT GRAVEL PITS) SEEDING (NATIVE)(KOENIG, BEARSON AND HOKESTRA GRAVEL PITS) SEEDING (NURSE CROP) BROADCAST SEENDING (NATIVE) HYDRAULIC (SEEDING)(NATIVE) (NORTH OF WCR 74) HYDRAULIC (SEEDING)(NATIVE) (SOUTH OF WCR 74) SOIL CONDITIONING MULCH (STRAW) (WEED FREE) (1.5 TONS/ACRE) HYDRAULIC MULCH (1 5 TONS/ACRE) BIOTIC EARTH - HGM BLACK (4,500 LBS/ACRE) SOIL RETENTION BLANKET (STRAW/COCONUT) CLASS 2 TRM (LANDLOK 450 OR APPROVED EQUIVALENT) CLASS 3 TRM (LANDLOK 300 OR APPROVED EQUIVALENT) CLASS 3 TRM (PYRAMAT OR APPROVED EQUIVALENT) MOBILIZATION NORTH OF HWY 34 (ITEMS 202) MOBILIZATION SOUTH OF HWY 34 (ITEMS 202) MOBILIZATION NORTH OF HWY 34 (ITEMS 208) MOBILIZATION SOUTH OF HWY 34 (ITEMS 208) MOBILIZATION NORTH OF HWY 34 (ITEMS 212 AND 213) MOBILIZATION SOUTH OF HWY 34 (ITEMS 212 AND 213) MOBILIZATION NORTH OF HWY 34 (ITEMS 216) MOBILIZATION SOUTH OF HWY 34 (ITEMS 216) TRAFFIC CONTROL - SIGNS ONLY (NO FLAGGERS) (MUTCD TA -6) TRAFFIC CONTROL - LANE CLOSURE (WITH FLAGGERS) (MUTCD TA -10) BID NO #B1800076 UNIT ACRE EACH EACH LF EACH CY I EACH EACH LF EACH 100 SF ACRE ACRE -r ACRE ACRE ACRE ACRE SY ACRE 1 ACRE ACRE ACRE ACRE SY SY SY SY SY EACH EACH EACH EACH EACH EACH EACH EACH DAY DAY EST QTY 21 450 100 29.810 0 60 180 100 200 0 100 0 9 5 UNIT PRICE ($) 11 41 39 30.511 (.05 500 60 ,11E 385 345 47_ 475 3411 • 50 650 L�tU iunes 21 7650 110 .._ 375 425 811h7il� 1 III) 1.80 2..34 6.00 1 2.00 TOTAL PRICE 9450 4-111) 51)0 I17�.. 8 No I I 1620 5491) 1l051I 210 6000 41 .c-3bs 1-"5 15375 6 40 49 23 60 1,200 0 0 500 5 1 6 1 22 5 2 1 20 10 • 132611 111 h10 14700 _c900 15001) 20825 2-41511 1iS 2808 .». (1 11 I 8.00 450 451) 450 450 7511 7541 450 350 • only and are used solely for selecting the lowest 901) 9000 22511 450 270045. 0 } 16500 3750 900 450 7100 9041 (O1ALCOST 220-14" Page 15 BID BOND PROJECTS: EROSION CONTROL AND REVEGETATION SERVICES FOR 2018 KNOW ALL MEN BY THESE PRESENTS, that All Cowboy F:rosio,1 Control, a CO Corporation as Principal, and* as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of Five Percent of the Amount Bid Dollars ($ ----5%---- ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated April 3 , 2018 for the- PROJECTS: EROSION CONTROL AND REVEGETATION SERVICES FOR 2018 as set out in the accompanying Bid. WHEREAS the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of Said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform. NOW THEREFORE, if the principal shall, within the period specified therefore: A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or Withdraw said Bid within the time specified, or Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this 23rd day of March 2018 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing board. ATTEST By: SI\41%1-t ATTES : By: L Anne eaux, ' ety Witness Principal All Cowboy Erosion Control Address 18277 County Road 22 By. Fort Lupton, CO 80621 Surety. North American Speciality Insurance Company Address 5200 *North American Speciality Insurance Company, a NH Corporation tcalf OPN111, Overland Park, KS 66202 Brown, Attorney -in -Fact Nil) No (PH 1800076 Page 23 this I i day O1 Stale of Illinois (.'Oidly of( 'ook t )ri this ti11 !SS la ( 'ORI'OIt l 1 It: SOI,l' I IONS NON I I I AMI.IZi('AN SI'1•:('IAl .fl' INSURANCE ('( )MI'ANY WASi lI N(i I ON INTERNA 1'IONAl INSt IRAN('I' ('OIVII'ANY «'NS I l'( )Ft I INilIRA N('I'. COI: POI( A I ION (a INI:RA I, I'()\vIe:12 OF ATTORNEY KNOW All 'II ii :.til . I'Iti'.S1'.N I s, l I IA I North American Specially Insurance ( untruly, a corporation duly organi,ed and existing under laws of the State of New I lainpshite. and having its principal office in the City ot'Overland I'ark, Kansas and Washington International Insurance ('ompany a corporation organized and existing under the laws of the State of New I lampshire and having its principal office in the City of'(verland Park, Kansas, and Westport Insurance Corporal ion, organized under the laws of the State of Missouri, and Having its principal office in the ( 'ily of Overland Park, Kansas &'55th does hereby ni;Ike, constitute ;Intl ;IIlf)t)int DON AI'I'I.I':I;Y. MARK SWI'.t(iAIZ I. SARAH BROWN, I(MI) ULN(;f OR1). �l'SAN .l 1.A I I RtII (). • i I t dill t t A At 1 ►s t ,t auto III I. ANN, MIA) ti :I\ $ I Y flit SI VI KAL.l ti= Its true anti lawful Atturney(s)-•in I act. to make, execute, tic i I and deliver. lot antI on its, Iid alI and as its act and deed, bonds or other ‘\riIings obligatory in Ow nature ofa bond on !Whit II or Catch tit \;I1nt ( uuiipanies, as surety, on contracts of suretyship n'S are or may he required or permitted by law, rehulaiion, curilriiel or other «ise, f)rtil lllt'tl th;ll no ht►n(1 trr lincleriakine or- contract or surely executed mules this authority shall exceed the amount of. ( ►NI I it'NI)hl:t) 1 WI'N FIV1 M11 1 ION 01.'s.000.000 (H)) f)Ot 1 .AilS I his Power of ,Altoruey is ;nut is sil'nt_'(I by facsimile tinder anti b\ the authority of -the loilmA MIL Resolutions adopted I,y the lIoartls of I )iiecttns of North American Specially Insurance Company and Washinp.ton International Insurance Company at meetings drily called anti held on Mai di 211, 2000 and Westport Instil ;nice Corporation by written consent of its 1;xcc'ulive Committee dated July 1j►I, 2011. "ItI'.S( )I VIA ), that any two H the I'lesident, any Senior Vice President, any Vice President, any Assistant Vie President, the Secretary or ally Assislant titer diary- he, and each or any of them hereby is ;unlimited Io execute a Power of Attorney qualifying the aiturns narked in the given Power uf'Allot 11(.% to execute tin behatl oI tale('unipany hands, undertakings and all contracts ol'suurety, and that each or any of them hereby is authorized to attest to the execution orally such Power of Attorney and to attach therein the seal of the C Ampany; mica ii is I I !R III! Il RI tit )1 VE1), that the signature of such officers and the seal uf'the ('oniparty wily he ;hired to any such Power of Attorney O1 to tcitilicale rel;itiiir thereto by facsimile, and ally such Lower t)I Attorney or certificate bearing such I;tctdtt)iit''i!'_nattll`es or I;1csin)ite seal shall be binding upon talc ( onrlxuty \•hell so alined and in the flume with t c',!,arli to any bond, undertaking or (ono act of surety to which it is attached ssssoetc Ak lit r;n�,�+ Q! � r SE %la e _ • .44 mpir • it' 4.'3/4 1{Il It} \tern P. Anili•I.oil,-.ii' —VfrvP1ailliWil illUTITsjt?attTntwl:mltinu.tllu,$airwt%.I .►mr.9(4% & Scuinr Site Plesittcut III Ninth AIM.' IC" `I►►•ctull) .�C `maul vim I'Irvidrul of \\ rsliwl I 11y 111%1111411, r 01511,1 Minn ( 4111151.1111 %likr ,\. Ili., Scuiur Viva. I'irvidrnt nl 1\•n.hiuhtou 1u1r1nulio1u1) In.urturc l 4111111441� %ruiur \ ter Prt'illrul of forth ;\rtlrrit•ru1 SisveiultIusnruure ( fineik u% .1i Scnien- Virr I'rniOMul or 1Vrslpurt Insururrrr f'urpuuatiou • IN WI I NI SS WI lI :I(l•A )I•, North American Specialty Insurance Company. Washington International Insurance ('un pany and %Westport Insulatnce ('t►1pt►Iatittn have caused their official seals to be hereunto ulli\cd, and these presents to be signed by tilt-fraulttoriwed officers this I)I'.(TAMER , 211 17 . North American Specialty insurance ('uuiipait) Washington lute ti Iu`nratlt•t• ( nlul►a11\ Westport Insurance ( url)t)I ation SS: I I day of I)k('I•:M13I .It i , 20 17, before nle, a Notary Public personally appeared Steven l'. Anderson Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance ( .ompany and Senior Vice President of Westport Insurance Corporation and _Miclocl A. Ito Senior Vice President of Washington International Insurance Company and ,Scniol Vice i'icsident of* North American Specialty insurance Company and Serlittr Vice i're'sident of Westport insurance Corporation, per n tall) knt►wiu to tuts', wlto being by me duly smart, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to he the voluntary act mid deed of their respective ConipaniCS FICIAL SEAL II4 KENNY Notary Public Sim: rtl I11n)1;•, rvty Commission twin s 12111412021 t ' t '►a.. I; M. Kenny. Notary Public I, 1r1'li a.1-(ioldbelt , the duly. elected Vice hesident mid Assistant Seal etary of North American Specialty 1 ncrlrance Company, Washington International Instllance ( ttllifiahl) and Westport Insurance Corporation do hereby certify that the above acid tot'cgulitg is a true and correct copy of Power of Attorney given by said North American Specialty Insurance Company, Washiartnn Into, n:itittn,il inmirance ( .ompany and Westport Insurance Col ',oration which is still in tall three a,at efiedt. IN Wi I'tNIFSS WI I1:RNOl-, i have set my Iran(' arid affixed the seals ul'the ( unipatiies this 23rd day of March '0 18 • a, let lil 1111111, r}� ‘'Ice I'Icsitlrul X: A.s4•tani 5ctrt'I,ti n 1k',sebniiih.n lotrrn.rtuonul (n•ur.rnt'. (1•rura n', X N►riiii ,1utt•Itcarn tilrcti th) Ill>ul,u1n, ( 1NI1psn) & Viet I'Ie•ul a.1 A \\r1•.I,utl Sti 0111) ui Westport Irt.rlruutc (b►ponalum Form -9 (Rev January 2.01 1) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. Name (as shown on your income tax return) All Cowboy Erosion Control LLC Business name/disregarded entity name, if different from above cn Cowboy Erosion Control LL C O classification (required): I I Individual/sole proprietor H Check appropriate box for federal tax C Corporation 1 1 S Corporation tJ V/ 1 Limited liability company. Enter the tax classification (C -C corporation, S=S corporation, P=partnership) ► Li Other (see instructions) D. Address (number, street, and apt or suite no.) 18277CR22 City, state, and ZIP code Foil Lupton, Colorado 80621 List account number(s) here (optional) Part I Partnership f I Trust/estate P ( Exempt payee Requester's name end address (optional) j 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 entitles, 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 Part II Social security number ri i i Certification Employer identification number 2 1 6- 4T7 3 5 I 2 8 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 lam 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 d result of a failure to report all interest or dividends, or (c) the IRS has notified me that I aril no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below) Certification instructions. You must cross out item 2 above if you have been notified by the IIRS that you are ewer*/ 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 4. T - Sign Signature of Here U.S. person ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. 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, 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 5 - Date ► y/Qn0/8 Note. If a requester gives you a form Other than Form W 9 to request your TIN, you must use the requester'; form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federnl tax purposes, you are considered a U.S. person if you are: • An indivirii Jai 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 Slates, • An estate (other than a foreign estat$), 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 on any foreign partners' share of income from such business. Further in certain cases where a Fornl W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the 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 withholding on your *hire of partnership income Cat No 10231X Form W-9 (Rev. 1-2011) a • t a s h STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS S IATEMENT Ari1. t Dol? AN questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable responsible and qualified bidder as determined by the County The County reserves the right to waive informalities and/or irregularities and to reject any or all bids 1 Name of Bidder c (Company or Firm)/311 Cp��o�c-GroSionJ CoNfrot a G 2 Permanent main office address: 1$Q7% COuidti RcocQ Da cori- kr-Ago/co goLpQ Phone Number Fax Number: {o3 7/o x808 �3- s% - 9asv Year Company was organized aool 4 Number of years this Company has been engaged similar construction Under what firm, company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work? AV/ �.�QL� Eros/ON Con/roL L.L. c. 9 LiP0.r5 dB - 5 List all projects that the Company has under contract at the present time Show the contract amount and the anticipated date of completion for each: SilaS? C `l70 rrJ (2550 Rtd6 Hee Neares $ as,Rail 30/S s aLoip ito3 75 /96, coo raft cxyg -z-/`Ur,/ Sf/ Cpo , 993 35 T �� c)O46 List all contracts ich were not completed by the contracted and completion date Include the project description app the number of days beyond the contract completion date 7 List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed RID) NO #H1H00076 Page 27 8 List all contracts within the last 3 years during which or after which the Company filed a protest with the owner AJ/19 9 List all contracts within the last 3 years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request N1A/ 10 Has any owner, as party to any of the Company's contracts within the last 3 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc., or attempted to have the performance bond invoked? If yes, explain in detail. N1�Y 11. Describe all contracts that the Company failed to complete mifi 12 Describe all contracts on which the Company defaulted or from which the Company was terminated AVN 13. List all or a maximum of three (3) of the most recent projects, similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction at the present time. List the project name, location, project superintendent, owner's representative and phone number, date completed and contract amount for each project. Project Name 8075s sw </5 fiteLio &A)) Location /94.�O� Colorado Supt. Lczr�j NojJJcivtaj Owner's Representative COOT or Can CC_ Phone. 2cc 5y Completion Date 1J&&nAer £OI % Contract Amount: /25 f O7y BID NO #131800076 Page 28 Project Name Weic) 69uAlict PoJ?4cLOJ CR (0 Ex-fens/0u Location (2reekti , Owner's Representative 4SZroA) Completion Date Contract Amount Project Name 076c)- 097 2-714- to /94i.Goq' Location hitimise. w /91 (j6rc4p Owner's Representative ,DNODAJ 6aiw4ac/ors Completion Date f`. C.} /1// Supt. bAnl Phone. 9535° 602 /V6 j Cia• _ SUpt:ZONNi:C Phone: 3og 530 • el`/42 Contract Amount fs/ 9/0 14 List all of the subcontractors the Company intends to use under this contract the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15% OR MORE OF THE WORK. SUBCONTRACTOR 4r,4 2o1ue Tntft� 62N14t) WORK DESCRIPTION T.-cdT coe,47--0/ % OF WORK !r a5 15 List the principal members of the company who will be involved with this project, superintendent, foreman, project manager, etc NAME 'dr era (diet/ G1' ar- 6)/y/cc/IPA§ 44c0' n/C- TITLE :40 de /11 gef.>iebd (orettaw including the YRS. PERTINENT EXPERIENCE � 9is oho years 6 creacs 16 List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. Ni BID NC) #131800076 NMNM- .L ... Page 29 The undersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this NOTARY day of Bidder By A1\ (otAmA Company 2018 GrWon, foavro\, Name Title Signature ease Type) \A) County of U -)42-\A1/4 ) State of Cobrodo ) ss ) (CA ate, -YkduM deposes and says that he is \A) (Title) &mbn Co&ot (Company Name) being duly sworn, of, and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this A9c a (SEAL) 91M as Commissin Expires Notar day of, 2018 BID NO #B1800076 Page 30 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 z Date Date. vi9Agoie et/ivory? By/--.04--s- By Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. The undersigned, by his or her signature, hereby acknowledges and represents that: 1 The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for bid for Request No. #B1800076 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County FIRM A1\`VlATM Labe\Del\YO1 BY (�COlkaAdt �Oki {Ye \ (Please print) BUSINESS ADDRESS PD- CITY, STATE. ZIP CODE 179( LA..) ilk Cokocacco 706a DATE (--0 tg TELEPHONE NO 303 l ‘o a8o& FAX 303 5% cioi5int TAX ID # )(0 - �� -1-3sa a SIGNATURE E-MAIL &\ccx bo$e$ \;r-10MnCat Brtt;\ tarn WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. Hit) NO #131800076 Page 2 1 Bond No. 2264105 PERFORMANCE BOND PROJECT: EROSION CONTROL AND REVEGETATION SERVICES FOR 2018 KNOW ALL MEN BY THE PRESENTS: that All Cowboy Erosion Control (Name of Contractor) 18277 County Road 22, Fort Lupton, CO 80621 (Address of Contractor) Corporation hereinafter called Contractor, and a (Corporation, Partnership, or Individual) North American Speciality Insurance Company (Name of Surety) 5200 Metcalf OPN 111, Overland Park, KS 66202 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado, P.O. Box 758, 1111 H Street= Greeley, Colorado 80632, hereinafter called Owner, in the penal sum of Two Hundred Twenty Thousand* Dollars, ($ 220,447.00 ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS ONGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the Dani day of /')oui 2018, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT Erosion Control and Revegetation Services for 2018 described in the Invitation for Bids, Bid No. B1800076 NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. *Four Hundred Forty Seven and 00/100 BID NO #81800076 Page 41 PERFORMANCE BOND PROJECT: EROSION CONTROL AND REVEGETATION SERVICES FOR 2018 IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of A which shall be deemed an original, this (";<, 22 (Address) ren-,1 6,640/1) 7d, Sort,/ ATTEST: N/A (Surety) Secretary (SEAL) Witness as to ur fty Susan J. Lattarulo day of All Cowboy Erosion Control 2018. By Contractor finotwi) 18277 County Road 22 (Address) Fort Lupton, CO 80621 North American Speciality Insurance Company Attorney -in -Fact Sarah Brown 7600 E Orchard Rd Suite 330S 5200 Metcalf OPN111 (Address) Greenwood Village, CO 80111 (Address) Overland Park, KS 66202 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID NO #8 1800076 Page 42 Bond No 2264105 LABOR & MATERIALS PAYMENT BOND PROJECT. EROSION CONTROL AND REVEGETATION FOR 2018 KNOW ALL MEN BY THE PRESENTS, that All Cowboy Erosion Control (Name of Contractor) 18277 County Road 22, Fort Lupton, CO 80621 (Address of Contractor) Corporation hereinafter called Contractor, and a (Corporation, Partnership, or Individual) North American Speciality Insurance Company (Name of Surety) 5200 Metcalf OPN111, Overland Park, KS 66202 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado, P O Box 758, 1111 H Street, Greeley, Colorado 80632, hereinafter called Owner, in the penal sum of Two Hundred Twenty Thousand Four Hundred Forty Seven and 00/100 Dollars ($220,447 00 ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents THE CONDITION OF THIS OIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the `a, day of mo.1„1 , 2018, a copy of which is hereto attached and made a part hereof for the construction of PROJECT Erosion Control and Revegetation Services for 2018 described in the Invitation for Bids, Bid No B1800076 NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void„ otherwise to remain in full force and effect PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied BID NO #B1800076 Page 43 E LABOR & MATERIALS PAYMENT BOND IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original this a� Secretary (SEAL) A%82tvcR l . CC (Witne as to (Witne as to Contractor) 1Q. Lya CC22- (Address) crhni 66 sect/ ATTEST: N/A (SEAL) (Surety) Secretary wennemaill 1 day of All Cowboy Erosion Control Contractor By 18277 County Road 22 (Address) Fort Lupton, CO 80621 Witness as to Suret Susan J. Lattarulo 7600 E Orchard Rd Suite 330S North American Speciality Insurance Company 520• Metcalf OPN111 ey-in-Fact Sarah Brown (Address) (Address) 2018. Greenwood Village, CO 80111 Overland Park, KS 66202 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID NO #B1800076 Page 44 SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park, Kansas, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Overland Park, Kansas each does hereby make, constitute and appoint: DON APPLEBY, MARK SWEIGART, SARAH BROWN, TODD BENGFORD, SUSAN J. LATTARULO, FLORIETTA, ACOSTA, and LEE ANNE MEAUX JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." �nllliilNll!/I�/ �G s _= ce ; SEAL n = W i 1973 h.. es to • Illlin State of Illinois County of Cook SS: On this 11 day of DECEMBER , 20 17, before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of By Steven P. Anderson, Senior Vice President orWashlagtsn Iniernati0aal Insurance Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation By Mike A. Ito, Senior Vice President of Washington International Insurance Company & Senior Vice President of North Aiaerkan Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 11 day of DECEMBER , 20 17 North American Specialty Insurance Company Washington International Insurance Company Westport Insurance Corporation Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. I fiasersdhassassasi OFFICIAL SEAL M. KENNY Notary Public - State of Minis My Commission Expires 12/04/2021 1 i M. Kenny, Notary Public I, Jeffrey Goldberg , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. to IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this a day of ,2018 Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company & Vice President & Assistant Secretary of Westport Insurance Corporation ALLCO-2 AC RL CERTIFICATE OF LIABILITY INSURANCE THIS IS ISSUED AS A CERT CA CMATTERI ONLY GHTS UPON THE CERTIFICATE DOES NOT AFFIRMATIVELY VE YOR NEGATIVELY AMEND, EXEND OR ALTER THE COVERAGE AFFORDED F E BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) CONTACT Donna Blrleffi E. PHONE 970-356-8030 Z. No, Ext) OP ID DP PRODUCER Rich & Cartmill Ins of CO of Colorado LLC 8213 W 20th Street Greeley CO 80634 Donna Barlett) INSURED All Cowboy Erosion Control LLC 18277 CR 22 Fort Lupton, CO 80621 COVERAGES 970456-8030 CERTIFICATE NUMBER ADDRESS INSURER(S) AFFORDING COVERAGE INSURER A Evanston Insurance Company INSURER B Central Insurance Companies INSURER C PlnnacolAssurance INSURER D Harleysville Ins Co INSURER E INSURER F i 1 FAX (AX No) 9704564032 DATE (MMIDD/YYYY) 04(19/2018 NAC# 35378 20230 REVISION NUMBER D NAMED ABOVE FOR THE POLICY PERIOD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LiSltu ocLvyr nu-'vo>=,_,- , INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH I ri S CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED CLAIMS BY PAID EXCLUSIONS AND CONDITIONS ADDL SUBR POLICYNUMBER DUCE E 1MMIDDIYYY'A (MMIDD/YYYYI LIMITS 1,000,000 L.� A X OFINSR TYPE INSURANCE COMMERCIAL GENERAL LIABILITY MD4VVD X X MKLV2ENV100279 MKLV2ENV100279 08115/2017 08/1512017 08/15/2018 08!1512018 EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES Ma occurrence) 100,000 S I CLAIMS -MADE X OCCUR MED EXP (Any one person) 5,000 $ X Pollution Liab PERSONAL & ADV INJURY 3 1 000,000 GENERAL AGGREGATE 2 000,000 s GEN'POLICREGATELIMIT - 1jl APPLIES POLICY I X 28-i P LOC PRODUCTS - COMP/OP AGG 5 2,000,000 $ B AUTOMOBILE X OTHER LIABILITY ANY AUTO p py,/ E AUTO8 ONLY BAP9799130 10/0412017 - 10/09!2018 COMBlNEDSINGLELIM)T (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) S PROPERTY DAMAGE (Per accident) $ S A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE MKLVEN2EFX100072 08/15/2017 08/15/2018 EACH OCCURRENCE S 1,000 000 AGGREGATE 1,000,000 $ $ I X I RETENTIONS 5000 C WORKERS AND ANY (Maridat If yes DED COMPENSATION EMPLOYERS LIABILITY YIN PROPRIETORIPARTNER/EXECUTIVE ry in NHj EXCLUDED', l describe under below N ! A X 4145364 02!0112018 02101/2019 X I STATUTE I I EORTH- E L EACH ACCIDENT 1,000,000 S E L DISEASE - EA EMPLOYEE $ 1,000,000 E L DISEASE - POLICY LIMIT 5 1,000,000 D DESCRIPTION OF OPERATIONS Rented/Leased CIM-71776W 10/09/2017 10109/2018 Limit Ded 12§,000 1,000 DESCRIPTION Weld successors, and the General OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule may be attached if more space is required) County, its subsidiary, parent, associated and/or affiliated entities, ' or assigns, its elected officials trustees, employees, agents lupteersperewritt nconan tractnWaiverofsuud ubrogatof pertains Hn ra policy, per Liability and Workers Compensation policies CERTIFICATE HOLDER WEL-PUB Weld County Department of Public Works PO Box 758 Greeley, CO 80632 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIVE Donna Birleffi ;CORD 25 (2016/03) © 1988-2015 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD NOTICE OF AWARD 2Q18 Erosion Control and Revegetation Contract To: Brady Buum All Cowboy Erosion Control, LLC Fort Lupton, Colorado 80621 Project Description 2018 Erosion Control and Revegetation Contract, Bid No B1800076 You are hereby notified that your Bid has been accepted in the amount of $2201447.00 or as shown in the Bid Schedule You are required by the Instructions to Bidders to execute the Agreement, Bonds and furnish the required Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. You are required to return an acknowledged copy of this Notice of Award to the Owner Dated this 18 day of April, 2018. Weld County Colorado, owl, By Joshua J. Holbrook, Construction Inspection Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by "iliCaulici ErizsicK) Cotsdroi Dated this /61 6 day of 2018. By Title s Contractor] (.1.‘er neash;krzi BID NO # B1800076 Page 1 MEMORANDUM TO: Jay McDon;IId, Public Works Director DATE: April 9, 2018 FROM: JosIR axr lolbrook, Construction Inspection Supervisor SUBJECT: 2018 Erosion Control and Revegetation Contract Bid No. BI800076 Bids were received and opened on April 3, 2018 for the 2018 Erosion Control and Revegetation contract. Six bids were received for the project, and the amounts ranged from $212,687.00 to $395,740.00. The two lowest bids were submitted by EMR Enterprises, LLC of Bennett, Colorado and All Cowboy Erosion Control of Fort Lupton, Colorado. EMR Enterprises submitted the lowest bid at $212,867, and All Cowboy Erosion Control submitted the second lowest bid at $220,447. The difference between these bids is $7,760 or 3.6%. Per the Weld County Code, the Board of County Commissioners may "give preference to resident Weld County bidders in all cases where the bids are competitive in price and quality". "Therefore, it is staff's recommendation to award the project to All Cowboy Erosion Control for a total amount of $220,447. This amount is within the 2018 allotted budget for Erosion Control and Revegetation. Work is expected to begin in April and remain in effect for the calendar year. Attachments: 2018 bid tab pc: Rob Turf, Purchasing Manager Elizabeth Relford, Deputy Director Don Dunker, County Engineer Rose Everett, Purchasing Mona Weidenkeller, Office Tech IV / Payable / Receivable „ai8-oFq M:\ --Active Projects\EROSION-SEEDING Contract\2018 contract\Contract Does \2018 rec ven.doc • Isla i an Erosion control and Kevegetation Contract 2018 / #B1800076 ITEM DESCRIPTION ITEM UNIT ESTp QTY EMR Enterprises, LLC es, All Cowboy Erosion Control Consolidated Division, Inc G2 Seeding, LLC Arnold's Ag Group Western States Reclamation, Inc UNIT PRICE (S) TOTAL PRICE (I) UNIT PRICE (5) TOTAL PRICE (5) LIRIT PRICE (S) TOTAL PRICE(S) UNIT PRICE (S) TOTAL PRICE(SI UNIT PRICE (5) TOTAL PRICE (S) UNIT PRICE(SI TOTAL PRICE (S) CLF_AIOLNG AND GR;1E11 fNc 2(:i .ACE 21 S 314 00 S 6594.00 $ 45000 S 9.450.00 $ 515.00 S 10,815.00 $ 750.00 S 15,750.00 5 650 00 $ 13450.00 5 290.00 $ 6,090,00 REMOVAL ORM_NN7l:NANCF. OF'tR0SION I.:X)( 12 LNC114 to F(X21)4,500.00 202 :INCH 450 5 ,1.00 S 4,950.00 $ (000 $ S 8.50 S 3,825.00 0 500 S 2,250.00 S 7 50 S 3,375.00 $ 3450 S 15,525.00 REMOVAL OR MAINTENANCE Or EROS): H: I 5 u 2 0400 100 5 G;7 S 1,100.00 5 500 S 500,00 5 12 50 5 1,250.00 S 500 1 500.00 $ 600 S 600.00 S 15.00 S 1,500.00 REMOVAL OR MAIN r; NA_ CE: (X 1. SINCE 202 C 29810 S 0.45 $ 13.41450 S 060 1 17,886.00 S 0.60 S 17,886.00 S 0.60 5 17,886.00 S 0 50 S 14,905,00 $ 1 65 5 49,186.50 RI;'N(T`/,S. 060191MAINIENANCE OF SEDIMENT BASIN 21.420 FOOT W E 5, (X11', DE 2 F001) 202 EACH 0 S 629.00 S - $ 300.00 S - $ (,400 00 S - 5 400.00 S - S 1,5(0).00 $ - S 1.180 00 S i0PSO¢ 2.07 CY 60 S 55.00 $ 3,300.00 5 27,00 5 1,620.00 $ 40.00 5 2,400,00 5 35.00 5 2.100,00 $ 25.00 5 1,500.00 0 58.50 5 3,510.00 EROSION 1(X35(12 INC119141.0;7) 208 (EACH 180 5 33.00 1 5,940.00 S 30.50 $ 5,490.00 $ 37:50 S 6,750.00 5 2400 S 4320,00 5 35.00 5 6,300.00 $ 44.50 5 8,010,00 EROSION SALES ;WEED FREE, 208 EACH 100 S 28 00 S 2800.00 $ 10.50 S 1,050.00 S 21.00 $ 2.100,00 S 10.00 S 1,000.00 0 15 00 S 1,500.00 S 18.00 S 1.800.00 Sea FF.NCG 200 LE' 200 S 1 50 S 300.00 5 1.05 S 210.00 5 2.15 $ 430.00 $ 1 25 $ 250.00 S 3.00. $ 600.00 $ 2.15 5 430,00 200 ET BASIN (L= 2, FOOT. W'=5 80021 ;2- 2 P(x;r) 246 EACH 0 $ 1,200.00 S - $ 500:00 $ - S 1,400 00 S - $ 500.00 S S 3,000.00 S 5 748.00 S S SED[MENI REMOVAL .ANDT)ISPOSAF. 206 HOUR 100 S 11800 S 11,800.00 S 6000 1 6,000,00 5 5600 S 5,600.00 0 8500 S 8500,00 S 75.00 S 7500.00 0 185.00 S 18,500.00 Sc1Ja.AWN) 212 Sr 0 $ 1.25 S - $ 200 S - : S 300 S - $ 200 S - 5 5.00 S - 5 0.65 S SEE N NATIVE:(Eu)ADW5Y)(NORTH) 212 ACRE 9 S 400.00 $ 3,600.00 $ 385,00 S 3,465.00 5 330,00 S 2,970.00 $ 600,00 S 5,400.00 $ 325,00 $ 2,925.00 $ 706.00 5 6,354.00 SEEDING (NATI52 5ROA1.)WA Y4SCRII II) 212 ACRE 5 $ 350.00 $ 1,750.00 0 345:00 S 1,725.00 0 290,00 S 1,450.00 S 650.00 S 3,250.00 $ 250.00 S 1,250.00 $ 65900 S 3,295.00 SEEDING (NA FIVE KPIERCE 5114 Vf1.. PIT) 2(2 ACRE II S 400.00 $ 4,400.00 S 475.00 $ 5,225.00 1 395.00 $ 4,345.00 S 65000 S 7,150.00 1 42500 S 4,675.00 $ 269.00 S 2,959,00 SI.EDING_"NATIVE) lKOSK1H.! l412. PIERCE NOR,li, AS-HAG(3H, ELScvs NORTH AND Gris_RT,555,00 2)2 ACRE QI $ 35500 5 14 S 375.00 S 15,375.00 S 280.00 5 11,480.00 S 35000 S 14,350.00 1 32500 5 13,525,00 $ 317.00 5 12,997.00 SG7i₹F10 (SA'fI005 xOENu;, MARS))', AND S 11010TRA GRAVEL PITSI 272 �" 39 1 330 00 S 12,870.00 S 340,00 S 13,260.00 5. 29000 5 11,310.00 S 350.00 $ 13,650.00 0 265.00 5 10,335.00 5 24100 5 9,399.00 SEEDING' (NURSE CROP) 212 ACRE 2 5 85,00 $ 170.00 S 50.00 5 100.00 $ 40.00 S 80.00 S 100..00 5 200.00 S 150.00 S 300.00 5 29.00 S 58.00 RROADCA.5T SEENIS$0(NA IIVE) 212 SY 650 $ 0,25 5 16230 S (.00 S 650.00 5 1:00 5 650.00. $ 080 S 520.00 1 2,00 5 1300.00 $ 0.17 S 110.50 HYDRACLEC (SEEDINGENATIVEYNOR"HS 212 ACRE 21 5 605.00 S 12,705.00 S 70000 S 14.700.00 $ 550.00 S 11,550.00 S 65000 S 13,650.00 $ 70000 S 14,700.00 S 795.00 5 16,695.00 HYDRAULIC. (SEDINGXSA IVEXSO! TH; 212 ACRE 6 5 521.00 $ 3.126,00 $ 650.00. S 3,900.00 $ 525 00 S 3,150.00 S 762.00 S 4,572.00 5 900,00 S 5,400.00 S 73200 S 4392.00 SOIL CONU77IONING 212 ACRE 40 5 200.00 5 8,000.00 S 37500 S 15,000.00 $ 20000 S 8,000,00 S 40000 S 16,000.00 S 250.00 5 10,000,00 S 182,00 5 7,280,00 Mulct-I,S RA„V)(WEED)lUE.3;)( I.5 TONS/ACRE) 213 ACRE 49 $ 350.00 S 17,150.00 5 425.00 5 20,825.00 $ 385.00 S 18,865.00 S 430.00 5 21,070.00 S 45000 S 22,050.00 S 98500 S 48,265.00 HYDRAULIC M,R.CH 213 ACRE 23 S 1,200:00 S 27,600.00 S 1,05000 5 24,150.00 S 1,20000 $ 27,600.00 S 1,25000 S 28,750,00 5 1:600.00 S 36,800.00 5 1,205.00 S 27,715.00 MO 41(2 EARTH - HGM BLACK (4,6!10 L}3S,ACRE) 213 SY 60 $ 2.00 S 120,00 S 1.80 S 108,00 S 7.00 S 420.00 S 2.00 S 120.00 5 5.00 S 300.00 $ 8.45 S 507.00 SO@,R0:)ENTIONRLAI'O( T(STRAWICOCo?•1t;T) 06 SY 1200 S 2.20 S 2,640,00 S 2.34 S 2,808.00 5 235 S 2,820.00 0 2.50 S 3,000,00 5 280 S 3,360.00 1 240 S 2480.00 CLASS OTTtM ;LAN'7n,ox 45008 APPROVED EQ111VALEND 215 SY 0 S 600 S - $ 600 S - S 1017 S - S 8.50 S - 1 9.50 S 5 700 5 Cl ASS 3'atm, ANOLOK390 OR APPROVED EQUIVALENT) 216 SY 0 5 1400 S - 5 12.00 $ - 5 22.96 5 - 8 1400 S - S 10.50 S 5 1200 5 - 56455 3'rlua (PY1LvwAT OIL Al E'tiovl:;EJ EQii(VALE:NT) 216 SY 500 S 18.00 S 9,000.00 S 1000 $ 9,000.00 $ 23,40 S 11,700.00 $ 1500 1 7,500.00 S 12.50 S 6,250.00 S 18.00 S 9,000.00 M0H1L104T106 NORT14 OF 11W Y 34 (r122MS 202) 626 EACH 5 $ 325.00 5 1,625.00 S 450.00 S 2,250.00 S 32500 S 1,625.00 S 50000 S 2,500.00 S 400.00 S 2,000.00 S 619.00 S 3,09580 MOH1.111STOIN SOUTH OF IHWY 34 E.;11_M5 202) 620 EACH I $ 325.00 S 325.00 S 450.00 S 450.00 S 325 00 $ 325.00 S 500.00 S 500,00 S 800 00 S 800.00 $ 232.00 S 232.00 MORILI2ATEONNORTH 0111'V\')4 R. I EMS 20R) 626 EACH 6 5 325.00 S 1,950.00 S 450.00 $ 2,700.00 5 40000 $ 2,400.00 S 50000 S 3.000.00 S 40000 1 2,400.00 S 1,820.00 S 10,92080 MO801ATION SOill II OE I iWY 34 S EM.S 2444) 626 EACH I S 325,00 S 325.00 S 45000 S 450.00 S 325,00 $ 325.00 S 500 00 S 500.00 $ 800.00 $ 800.00 $ 1,09500 S 1,095,00 M033,V.AIION .NOR"111 OF 1 f WY 14 50,,0 212 AND 213)626 EACH 22 $ 970.00 S 21,340.00 S 750,00 S 16500.00 S 875.00 S 19,250,00 5 75000 S 16,500,00 0 70000 S 15,400.00 $ 3,41.0.00 S 75,020.00 M(38)I.fLA1526 SOU ill o1E;,lwr 34 (E MS 2)2 AND 626 EACH 5 S 97000 S 4,850.00 S 75000 $ 3,750,00 5 925.00 S 4,625.00 S 750,00 S 3,754.00 5 7501}) 5 3,750.00 S 2,080.00 S 10,400.00 MOBILIZATION NORM OFHWY 34 (ITEMS 2)6; 626 EACH 2 S 325,00 5 650.00 S 45000 S 900.00 $ 400.00 S 800.00 5 500,00 $ 1.000,00 S 400.00 S 800.00 S 619.00 S 1,238.00 MG30.ILATION SOUTH Of HWY 34 (ITEMS 216) 626 EACH 1 S 325.00 S 325.00 5 450.00 5 450.00 S 400 00 S 400.00 S 50000 S 500.00 S 800.00 5 800,00 S 23200 5 232.00 fxAFFic CONTROL -SIGNS ONLY tN(I F!.a<x;ER51 (Mil rcu TA61 630 DAY 20 S 200.00 5 4 .00 +�,900 $ 350.00 S 7,000.00 $ 1,095.00 5 it .00 5 70000 $ 14,000.00 $ 963.00 S 19 •260.00 S 1,025.00 S 20500,00 TRAFFIC CONTROL _ LANE (21.051,38E f L""I.T(i F1ACKIRR9)(MUICI) TA40) 530 DAY (0 $ 92$.00 S 9 .250•00 S 900.00 $ 9 ,000.00 S 4,760,00 S 17,600.00 5 1,0(10,00 S 10,000.00 S 1,551.50 $ 15,515.00 S 1,555.00 S 16550.00 TOTAL COST S 212,687.00 TOTAL COST 5 220,447.00 TOTAL COST 5 236,696.00 TOTAL COST $ 243,988.00 TOTAL COST 5 244,425.00 .TOTAL COST S 395,740.00 ERROR S - ERROR S - ERROR S - ERROR S - ERROR S - ERROR S - DATE OF BID: APRIL 3, 2018 REQUEST FOR: EROSION CONTROL DEPARTMENT: PUBLIC WORKS DEPT BID NO: #B1800076 PRESENT DATE: APRIL 4, 2018 APPROVAL DATE: APRIL 18, 2018 VENDORS EMR ENTERPRISES LLC 40755 E 6TH AVENUE BENNETT CO 80102 ALL COWBOY EROSION CONTROL 18277 CR 22 FORT LUPTON, CO CONSOLIDATED DIVISIONS INC 5585 W. AIRPORT RD SEDALIA CO 80135 G2 SEEDING LLC 104 N QUENTINE AVENUE MILLIKEN CO 80543 ARNOLD'S AG GROUP LLC 28667 COUNTY ROAD 20 KEENESBURG CO 80643 WESTERN STATES RECLAMATION 3756 IMPERIAL STREET FREDERICK CO 80516 WELD COUNTY PURCHASING 1150 O Street Room #107, Greeley CO 80631 E-mail: rturf(c�weldcov.com E-mail: reverett(c�weldgov.com E-mail: mwalters(a weldoov.com Phone: (970) 400-4216,4222 or 4223 Fax: (970) 304-6434 TOTAL BID AMOUNT $212,687.00 $220,447.00 $236,696.00 $243,988.00 $244,425.00 $395,740.00 The sites are generally within a corridor from Weld County Road 1 to Weld County Road 157 and from Weld County Road 2 to Weld County Road 138. BIDS ARE BEING REVIEWED BY THE PUBLIC WORKS DEPT ::2I ' i o -J Niq Hello