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Home My WebLink About20173092.tiffBOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Fueling Facility Upgrade Change Order #1 DEPARTMENT: Public Works PERSON(S) REQUESTING: Elizabeth Relford and Michael Bedell DATE: 8/03/2018 Brief description of the problem/issue: The Contractor needs to complete two work items that were not included in the original scope of work. During bidding it was assumed these two work items would be completed by Atmos Energy and Xcel Energy, at a cost to the County. However, after the project commenced the utility companies informed County staff these items need to be completed by the Contractor. This project has an associated CDOT administered grant in the amount of $960,881. The current estimated total cost of this project with this pending Change Order #1 is $2,159,857 which is far below the PW Staff $2,556,000 estimated at the time of bidding. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. The Board can choose to approve this change order, knowing that this would necessitate an increase to the total contract amount to the Contractor. 2. The Board can choose to have the Public Works Department make other arrangements to get these work items completed or recommend other means of accomplishing that. Recommendation: Public Works recommends approval of this change order for the amount described in the attached documents ($34,579.73) and increasing the original contract amount from $1,300,650.00 to $1,335,229.73. If recommended for approval by the Board, this change order will appear on the August 13, 2018 BOCC Meeting Agenda. This construction project is planned to be completed by October 2018. Sean P. Conway Julie A. Cozad Mike Freeman Barbara Kirkmeyer, Pro -Tern Steve Moreno, Chair 8/O Approve Recommendation vyie Schedule Work Session ?ate, &bzT(e-P e.;wotqAti6Ipte),) 4?- 73- /g Other/Comments: PUBLIC WORKS DEPARTMENT 1111 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 PHONE: 970-304-6496, EXT. 3 706 mbedell@weldgov.com July 25, 2018 Katrina Kloberdanz Colorado Department of Transportation 10601 West 10th Street Greeley, CO 80634 RE: JUSTIFICATION LETTER FOR CHANGE ORDER #1- UTILITIES SERVICES Weld County CNG Fuel Site Upgrade (AQC C-030-074) (SA 22260) The original bid documents included the following line items associated with the required utilities services: • Atmos Energy (gas line upgrade) • Xcel Energy (electrical service upgrade) Force Account = $815,105.00 Force Account = $100,000.00 Prior to the contract award to Wyoming Northstar Inc. (Contractor) a decision was made by the County to delete these two force account items and instead pursue Utility Agreements between the County and the utility companies. Therefore, the original bid submitted by the Contractor in the amount of $2,215,755.00 resulted in a contract award amount of $1,300,650.00. The County subsequently entered into an Atmos Energy Utility Agreement in the amount of $812,515.00 to upgrade their gas main which serves the fueling site. The County entered into an Xcel Energy Utility Agreement to upgrade their electrical transformer which serves the fueling site at no cost. During final design it has become apparent that some additional utilities upgrade work is required. Atmos Energy and Xcel Energy have informed the County that the following two work items need to be completed by the Contractor. The Contractor did not include these items in their original bid scope of work, since these items are located before their actual service connection to the utility meters. Line Item #1 — Electrical Tie -In from Transformer to Main Switch Board: The Contractor's proposed cost of $30,857.14 entails buried placement of three conduits with power cables in each conduit. A licensed electrician will oversee this work and Xcel Energy will inspect the work. A new bid line item will be created to compensate the Contractor for the cost of this additional work. Line Item #2 — Gas Line Tie -In from Emergency Generator to Meter Set Assembly: The Contractor's proposed cost of $3,722.59 entails reconfiguring a gas line and associated valves and fittings which will run between an existing emergency generator at the fueling site and the new gas metering assembly recently installed by Atmos Energy. A new bid line item will be created to compensate the Contractor for the cost of this additional work. Sincerely, Michael Bedell, P.E. Senior Engineer CHANGE ORDER NO. 1 f O CT Weld o cn CNG Fuel Sites Date: July 25, 2018 Owner Weld County Colorado Contractor: Wyoming NorthStar Inc. 1800 Union Road. Evanston, wy 82930 The following change is hereby made to the Contract Documents.. CHANGE TO CONTRACT PRICE: Original Contract Price Current Contract Price adjusted by previous CItange Order: The Contract Price due to this Change Order will be increased by: The New Contract Price including this Change CHANGE TO CONTRACT RACT E: The Contract Time will Ire incr by Q l days The date for completion of all Work will be April 1, 2131' RECOMMENDED: Owner Representative. APPROVALS: CONTRACTOR: Name: Title: BID NO #81700124 $1,300,650.00 $1,300 650.1 $34,579.7; 22913 WELD TOUNT6- _:` 6 _ `J ,� ATTEST: v��j`` �d1J �p Weld County Clerk to the Boa d BY: Deputy er to the B APPROVED AS TO SUB APP ED S T F Elec Td O'£icial or Department Head Controller APPROVED AS TO FO Con Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair AUG 1 3 2018 BID NO # B1700124 /7,309,L CRYOGENICS CHANGE ORDER Project Name: Weld County - CNG Upgrade Project Number: 20928.00 Project Address: 1113 H Street Greeley, CO 80632 Owner: Weld County -Dept, of Public Works Owner Address: 1111 H Street Greeley, CO 80632 1600 Union Road/Evanston, WY 82930 P.O. Box 1342 /Evanston, WY 82931 Web Site: www.cleanenergyfuels.com Date: 24 -Jul -18 Purchase Order #: PO1700972 Change Order # CO -1 (Item 1) Description of Change Order item Service to be Performed: Electrical Tie-in from Transformer to MSB Line Item Description QTY Unit Rate Total Electrical Tie-in from Transformer to MSB: Trench approximately 115 feet, install three runs of 4 inch conduit with four 400 mcm cu conductors in each conduit, and terminate the conductors in the M5B. 1 1.5 $ 30,857.14 $ 30,857.14 Total for this Change Request $ 30,857.14 Original Contract/PO Amount Net Change by Previous Change Orders Current Contract Amount This Change Order Amount New Contract/PO Amount Approved by. $ 1,300,650.00 $ $ 1,300,650.00 $ 30,857.14 $ 1.,331,507.14 Clean Energy Cryogenics Date AUG 13 2018 Steve Moreno, BOCC Chair Date /7,30XL CRYOGENICS CHANGE ORDER Project Name: Weld County - CNG Upgrade Project Number: 20928.00 Project Address: 1113 H Street Greeley, CO 80632 Owner: Weld County -Dept. of Public Works Owner Address: 1111 H Street Greeley, CO 80632 1600 Union Road/Evanston, WY 82930 P.O. Box 1342/Evanston, WY 82931 Web Site: www.cleanenergyfuels.com Date: 24 -Jul -18 Purchase Order #: PO1700972 Change Order # CO -1 (Item 2) Description of Change Order Item Service to be Performed: Natural Gas pipe tie-in new MSA to existing Genset Line Item Description Unit Rate Total Tie-in new MSA to existing Genset: Dig down to existing 2" natural gas pipe line feeding the existing genset. The new line components will include an isolation valve and cathodic protection on the underground pipe from the new MSA. Note: This Cathodic protection is only for the new section of pipe we would add, and we are only digging from the new MSA clown to the existing line that leads to the Genset, we are NOT removing or replacing the entire pipe line track to the Genset, 1 LS $ 3,722.59 $ 3,722.59 Approved by: lean Energy Cryogenics /��-mac_ '�— J /-_c=,---.C -,-----1r--- Steve Moreno, BOCC Chair Total for this Change Request Original Contract/PO Amount Net Change by Previous Change Orders Current Contract Amount This Change Order Amount New Contract/PO Amount $ 3,722.59 $ 1,300,650.00 $ 30,857.14 $ 1,331,507.14 3,722.59 $ 1,335,229.74 -1\a01. Date AUG 1aZ 1B Date Ao/7Oo92 NOTICE OF AWARD PROJECT: Weld County CNG Fuel Site Upgrade To: Wyoming Northstar Inc. 1600 Union Road Evanston, WY 82930 Project Description: Weld County CNG Fuel Site Upgrade The project in general consists of upgrading Weld County's compressed natural gas (CNG) fueling site with new equipment and dispensers to accommodate Weld County's CNG fleet through a turnkey contract which includes but is not limited to: CNG compressors, storage, dispensers, priority panel and a dryer. 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 $ 1,300.850.00 or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute two originals of the Agreement and furnish the required Performance Bond, Payment Bond and Certificates of Insurance within two (2) weeks from the date of this Notice to you. Your original bid of $2,215,755.00 has been adjusted down to account for the deletion of the utilities (Atmos Energy and Xcel Energy) force accounts. The County has chosen to compensate these companies directly. If you fail to execute said Agreement and to furnish said Bonds within two (2) weeks 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. The Agreement requires all work to be completed by April 1. 2019. The anticipated date for Notice to Proceed is April 1, 2018. If for some unforeseen reason the County fails to issue a Notice to Proceed on or before the anticipated date, the original completion date will be extended accordingly. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated thisCI day of ,apm)( , 2018 ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by Wyoming Northstar Incorporated, a Wyoming Corporation registered to do business in the State of Colorado as Clean Energy Cryogenics (Contractor) Dated this 17th By: Weld County, Cp(orado, Ow By: day of January , 2018 M. hell W. Pratt Michael Bedell, P.E., Senior Engineer Title: Chief Operating Officer & Corporate Secretary BID NO # B1700124 r �- �!.() ateka o/ 7- 3o92-- /-c2 /et Ebool wWd Mite CNG Fitettikta� THIS AGREEMENT is made and entered into this,o<-/day of , 2018, by and between the County of Weld, a body corporate and politic of the State of lorado, by and through its Board of County Commissioners, whose address is 1150"O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Wyoming NorthStar incorporated, a Wyoming corporation registered to do business in the State of Colorado as Clean Energy Cryogenics, who whose address is 1600 Union Road Evanston WY, 82930, hereinafter referred to as "Contractor". WHEREAS, Weld County's Compressed Natural Gas (CNG) fuel site needs an upgrade because the county's CNG fleet not being able to keep up with fueling demands, (hereinafter referred to as the "Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the improvements of this facility, and WHEREAS, County requires an independent contract construction professional to perform the turnkey 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 turnkey 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. B1700124°. The RFB contains the specific requirements of the 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 andlor 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 Buildings & Grounds Director 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 02017- o judgement 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 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 n Contractor if it wishes to renew this Contract. The comloletion -date for the work shall be pd 1201:9 unless otherwise-agreedto in is ing by the County. 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 that the 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 ail 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 TRAI=T -INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by such termination or by any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. S. 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 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 Contractors successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $1.300Ague, 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 Contractors 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 (CRS. 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 Contractors 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 andlor 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 after the County's final inspection, on the date which the CNG Fueling Facility is fully operational and can be used for County fleet fueling. Section 9 - "O" of the original bid documents General Provisions is hereby amended accordingly. 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 prc4ect. 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 Requirmen 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"Vilt 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 shaft 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 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. kidettft: 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. sea °otlns ace: 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. 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 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. 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. Prime 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. ?Wane! 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 Subyiaatior: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcoottac ore: All subcontractors, subcontractors, independent Contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to the requirements herein and shall procure and maintain the same coverage 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. 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, Elizabeth Raiford, Transportation Manager. 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 by written notice to the other. Notification Information: Contractor: Attn.: Address: Address: E-mail: With copy to: Name: Position: Address: Address: E-mail: Wyoming NorthStar Incorporated, a Wyoming corporation registered to do business in the State of Colorado as Clean Energy Cryogenics Mitchell W. Pratt, CEO & Corporate Secretary 1600 Union Road Evanston Wyoming, 82930 Mitch4prattncleanenergyfuels,00rri Don Donaldson Vice President 4675 Macarthur Court, Suite 800 Newport Beach, CA 92660 don.dv cl cleanenergyfuels dom With copy to: Name: Address: Address: Attn: Facsimile: County: Clean Energy 4675 Macarthur Court, Suite 800 Newport Beach, CA 92660 General Counsel 949-724-1397 Grant Manager: Name: Elizabeth Relford Position: Deputy Director of Public Works Address: P.O. Box 758 Address: 1111 H Street, Greeley, CO 80632-758 E-mail: irGdit�b Facsimile: (970) 304-6497 Project Manager Name: Michael Bedell, P.E. Position: Senior Engineer Address: 1111 H Street Address: Greeley, CO 80632 E-mail: e8 wokiili+�r et Facsimile: (970) 304-6497 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 AgreementlModifications. 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 524-50- 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 conflict 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 Contractors family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractors 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 ire 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 andlor 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. 20. 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 white 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 shalt 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. Compliance with Federal -Aid Construction Contracts and Davis -Bacon Wage Rates. Contractor understands and agrees that, if required by the provisions of Exhibit A, the work shall comply 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.) The Contractor and their subcontractors will be required to submit weekly certified payrolls to the County for review/approval. Contractor understands and agrees that this project is receiving Federal funds, and is therefore subject to the provisions contained in Form FHWA 1273 (attached). 31. Attorney 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. 32. 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. IN WITNESS WHEREOF, the parties hereto have signed this Agreement thi day o CONTRACTOR: 018. Wvomina lNort Star Incorporated. .a Nvorrrin* corporation roistered to do buskins in theStato of Colorado: as. Clean En.nj `Crvoasidcs By: Name: Mitchell W. Pratt Title: Chief Operating Officer & Corporate Secretary ONBASE SIGNATURE BLOCKS: ATTEST: didtiA)p. BOARD OF COUNTY COMMISSIONERS Weld Co Clerk to the Board WELD COUNTY, COLORADO Date: January 17, 2018 BY: Deputy C Moreno, Chair JAN 2 9 2018 020/7- c 9,2_ July 3, 2017 1 REQUIRED CONTRACT PROVISIONS FEDERAL AID CONSTRUCTION CONTRACTS Attached is Form FHWA 1273 titled Required Contract Provisions Federal -Aid Construction Contracts. As described in Section I. General, the provisions of Form FHWA 1273 apply to all work performed under the Contract and are to be included in all subcontracts with the following modification: For TAP (Transportation Alternatives Program) funded Recreational Trails projects, Section I (4) regarding convict labor and all of Section IV of the FHWA 1273 do not apply. Except for Local Agency projects, the Contractor and all subcontractors who are subject to Davis -Bacon Related Acts (DBRA) requirements, shall submit all payrolls and Contractor Fringe Benefit Statements electronically via LCPtracker, utilizing the following web link: https://prod.Icptracker.net/WebForms/login.aspx The Contractor and subcontractors shall submit a Contractor Fringe Benefit Statement, either for each individual, or for groups of people, for all employees who perform work on the project and whose wages are covered by the Davis -Bacon Related Acts. Other approved deductions shall be noted within the LCPtracker system, and supporting documentation shall be attached. If for any reason the fringe benefits are altered during the life of the project, the Contractor, subcontractor, or both shall submit a revised Contractor Fringe Benefit Statement to accurately reflect the changes. Each construction subcontractor shall submit their payrolls directly into LCP Tracker for approval by the Contractor. The Contractor shall submit and approve their own payrolls in LCPtracker. The Engineer will approve or reject weekly payrols for the Contractor. 2 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Nonsegregated Fadidee IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII: False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Govemmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) L GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion In all lower tier subcontracts (excluding ding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other. services. The prime contractor shall be reed oonielhi ce by any subcontractor, lower -tier strialo t5'acfaroreerVr' 'iee.provider. Form FHWA-1273 mugUpe Inck SI all Federal -aid design - build contracts, in all aubnonfra chrand In lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreementsand other agreements for sc lies or Wes); This tiitt4,u lidet$hal be respon rle far aattrgtliaat<ha ;Tiny su contracdti; iower-iier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid propoarii or request for proposal documents, however, the ForatIM i M273 multiat pittiettly incorporated fe1bte" ';)t,•all dei*i s a acfswdlowertIer subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject totheapplitebilitycrbatlthetedInthe following sections, these T}tef apply Mall work performed on the contract by the contractor's own organization and with the assistance of workers raider the contractor's July 3, 2O17 FHWA-1273 — Revised May 1, 2012 Immediate superintendence and to ail work performed on the contract by piecework, station work, or by subcontract. 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless It is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of 510,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and ail subcontractors must comply with the following policies: Executive Order 11248, 41 CFR 60, 29 CFR 1625-1827, Tilts 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Tile VI of the Civil Rights Act of 1964, as amended, and related regulations Including 49 CFR Parts 21, 26 and 27; and 23 CFR Pads 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR BO - 1.4(b) and, for all construction contracts exceeding 510,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications In 41 CFR 80-4.3. Note: The U.S. Department of Labor has exclusive authority to delennine compliance with Executive Order 11248 and the polities of the Secretary of Labor including 41 CFR 60 and 29 CFR 1625-1827. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title Vi of the Civil Rights Act of 1984, as amended, and related regulations Including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 833. The following p :la adopted Sam 23 CFR 230, Appendix A, with approp ... _ r+vlsiona to coil t' to the U.S.. Department of tabor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29CFR 29 CFR ¶625-1621,41 CFR 8O and 49 CFR 27) and di late of the ireirtitary of Labor as modified by the July 3, 2017 3 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS provisions prescribed herein, and imposed pursuant to 23 U,SC.140 shall constitute the EEC) and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U,S.C.12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. in the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that It has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor wilt accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to they race, religion, sex, color, national origin, age or disability. Such action shalt include: employment upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training. Including apprenticeship, pm -apprenticeship, andtor on-the- job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting en active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: Alt members of the contractors staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or are substantially involved in such action, will be made tiny cognizant of, and wDl implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees we be conducted begone the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer, b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractors EEC) obligations within thirty days following their reporting for duty with the contractor. c. Ali personnel who are engaged in direct recruitment for the project will be instructed by the EEC) Officer in the contractors procedures for locating and hiring minorities and women, d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks. or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circuislon among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants maybe referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hail referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where Implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such Implementation violates Federal nondiscrimsnatiion provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 6. Personnel Actions: Wages, workingconditions, and employee benefits shall be established and administered, and personnel actions of every type, Including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to Insure that working conditions and employee facilities do not Indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. lithe review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. 4 REQUIRED CONTRACT PROVISIONS FEDERAL AID CONSTRUCTION CONTRACTS dr The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will Inform every complainant of ail of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade orjob classification involved. b, Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shalt make NH use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance,, In the event a special provision for training is provided under this contract, this subparagraph wet be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C.140(a). c; The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: if the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to Increase opportunities for minorities and women. Adkins by the. contractor. ether directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b, The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origle age or disability. • c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such Information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. July3, 2017 d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, till the employment vacancies without regain to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. B. Reasonable Accommodation for Applicants / Employees with Dtsabalttss: The contractor must be familiar with tine requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race. color, religion, sex, national origin,. age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment The contractor shall take ail necessary and reasonable steps to ensure nondiscdminatlon in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations ruder this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract The contractor shall carry out applicable requirements of 49 CFR Part 261n the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach' of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the data of the final payment to the contractor for all contract wok and shall be available at reasonable times and pieces for inspection by authorized representatives of the contracting agency and the FHWA. July 3, 2017 5 REQUIRED CONTRACT PROVISIONS FEDERAL-AiD CONSTRUCTION CONTRACTS a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and effortsefforts beirtg elide in locating, hiring, training, qualifying, and upgrading minotties and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on fernCFHW 43til; The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end ofJuly. if on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. lit NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom, The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractors control, where the teddies are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, ;tearooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that Is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions end related matters" with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages a. Ail laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a pert hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) trite Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, fends, or programs which cover the particular weekly period, are deemed to be consbuctively made or incurred doting such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(04). Laborers or mechanics performing work in more than one dassiflcaion may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employers payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b.(1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met (I) The work to be performed by the classification requested is not performed by a classification in the wage determination; and 6 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS (II) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) if the contractor and the laborers and mechanics to be employed in the classification Of known), or their representatives, and the contracting officer agree on the classification and wage rate (Including the amount deritgrialed for fifi!gs(benelfts where appropriate), a report of the,ailitan taken Will be sent by the coinciding officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210 The Administrator, or an authorized representative, wit. approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting otlfpsr or will notify the contracting officer within the 30 -day pettad;that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (inducting the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, Including the views of all interested parties and tie recommendation of the contracting oiNcer, to the Wage and How Administrator for determination. The Wage and Hou rAdministrator, or an authorized representative, wit issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (4) The wags rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.1)43) of this ,,mall be paid to all warblers -performing work in the Cos on under ants contract bathe kit day on which work is performed In the classification. c, Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bons tide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding July 3, 2017 The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, Including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer ormechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, al or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of kinds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of work and preserved fora period of three years thereafter for ail laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona floe fringe benefits or cash equivalents thereof of the types described in section 1(b)(2X8) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Natenever the Secretary of Labor has found under 29 CFR 5.5(aX1)(Iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described In section 1(b)(2XB) of the Mavis - Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b.(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(2)(3)0), except that full social security numbers and home addresses shall not be Included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee e.g. , the last four digits of the employee's social security number). The required weekly payroll Information may be submitted in any form desired, Optional Form WH-34T is available for this purpose from the Wage and Hour Division Web site at trip://wow.dot.gov/esa/whdlforms/wh347instr htrn 7 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS or its successor site, The prime contractor Is responsible for the submission of copies of payrolls by all subcontractors; Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section fora prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the Information required to be provided under §5.5 (aX3)(i) of Regulations 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 3, and that such information is correct and comp1ete: (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations. 29 CFR part 3; (ON) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 Shall satisfy the requirement for submission of the 'Statement of Compliance' required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to chili or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for Inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fads to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or July 3, 2017 the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4 Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such en apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed one payroll at an apprentice wage rate, who is not registered or otherwise. employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. in addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually Performed. Where a contractor la performing construction on a project it a locality other than that in which Its program is registered, the ration and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractors registered program shall be observed. Every apprentice must be paid at not less than the rate specified In the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. if the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. if the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes, shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable 8 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS predetermined rate for the work performed until an acceptable programisapproved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 548, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Adminlatratorof the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee fisted on the payroN at a trainee rate who is not registered and participating Ina training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job she in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will nc longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity, The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11248, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to July 3, 2017 journeymen shall not be greater than permitted by the terms of the particular program. 6. Compliance with Copeland Act requirements. The contractor shag comply with the requirements 0129 CFR part 3, which are Incorporated by reference to this contract. 8. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. S. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 ore herein Incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of tine labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this dause inducts disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an Interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of seglon 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by vktue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 u.s.c. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted In addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.8. As July 3, 2017 9 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS used in this paragraph, the terms laborers and mechanics include watchmen and guards 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for aft hours worked in excess of forty hours in such workweek. 2. Violation IIabilty for unpaid wages; liquidated damages. in the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States; (In the case of work done under contract for the District of Columbia or a territory to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendarday on which such individual was required or permitted to work In excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Wtthhotding for unpaid wages and liquidated damages. The FHWA or the contacting agency shalt upon its own action or upon written request of an authorized representative of the Department of tabor withhold or cause to be withheld, from any moneys payable an account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth In paragraph (2.) of this section. 4. Subcontracts. The contractor Or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 1. The contractor shalt perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 638.118). a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not inlude employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments forthe costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in'this term if the prime contractor meets ail of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-dayactivities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the based employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty items" shag be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and la in charge of sli construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is 10 REQUIRED CONTRACT PROVISIONS FEDERAL AID CONSTRUCTION CONTRACTS evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract 5, The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the Contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property In connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor. in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1928.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or Investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Wilful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more July 3, 2017 places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, orempioyee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used onto be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1918, (39 Stat. 355), as amended and supplemented; Shea be fined under this title or Imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN MR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as approprlate, will be deemed to have stipulated as follows: 1. That any person who is or wel be utilized in the performance of this contract Is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 308 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIG1BtUTY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA July 3, 2017 11 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS approval or that Is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. instructions for Certification - First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why It cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction, c. The certification in this clause is a material representation of fact upon winch reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shell provide Immediate written notice to the contracting agency to whom this proposal Is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of dared circumstances. e. The terms "covered transaction," "debarred," "suspended," "Ineligible " 'participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts).- "First Tier Participanr refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g, The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h, A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, Ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification Is erroneous. A participant Is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verity the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (13iManttekeiggya, which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records In order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (I) of these instructions, if a participant in a covered transaction knowingly enters Into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil Judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, Stale or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this appliratlonfproposal had one or more public transactions (Federal, State or local) terminated for cause or default. 12 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2„Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a,.By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into..If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction,` "debarred," "suspended," "amble," "participant" "person," "principal," and "voluntarily excluded." as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "Fast Tier Covered Transactions' refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions' refers to any covered transaction under a First Tier Covered Midsection WO as subcontracts). "First Tier Paitbipine rifles to the participant who has entered into a raveled transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that It will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solIIitions for lower tier covered transactions exceeding the $25,008 threshold. July 3, 2017 g. A participant in a covered transaction may rely upon a certification of a prospective participant In a lower tier covered transaction that is not debarred, suspended, Ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise Ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility orrery lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website aIliwil'ihii, which Is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records In order to render In good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed bye prudent person in the ordinary course of business dealings. I. Except for transactions authorized under paragraph a of these instructions, Ira participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily exduded from participation in this transaction, in addition to other remedies available to the Federal Governmerd, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective tower tier participant Is unable to certify to any of the statements In this certification, such prospective participant shall attach an explanation to this proposal. Xl. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the beet of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of 13 REQUIRED CONTRACT PROVISIONS FEDERAL -,AID CONSTRUCTION CONTRACTS Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to Influence an officer or employee of any Federal agency, a Member of Congress, en officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Foci-i.t.L, "Disclosure Form to Report Lobbying," In accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered Into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.G. 1352. Any person who fails to Me the required certification shalt be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of thcertification let included in all lower tr subcontracts, which exceed $100.000 and: that ail such recipients shall certify and disclose accordingly. July 3, 2017 .1 14 REQUIRED CONTRACT PROVISIONS FEDERAL /AID CONSTRUCTION CONTRACTS ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on -site work, shall give preference to qualified persons who regularly reside In the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in tiro area are not available. b. For the reasonable needs of the contractor to employ supervisory or spedally experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persona employed under this subparagraph (1c) shall not exceed 20plrc t. of the total number of employees by the contr*pin the cle tlract work, except as mowed itt subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Sevice indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each dassMcation , (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Sentce to . d , The jobotcJ may be plat fieith the'"5 nt SMIce in writirteor by telephone. If during the course of the contract work, the informauon submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Entployrnent Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the dassiffcation of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the July 3, 2017 use of mineral resource materials native to the Appalachian region. 6. The contractor shad include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on -site work. BI B170 0 -::x;;124 EPA WELD COUNTY TMENT OF PUBLI CONTRACT BID DOCUMENTS SPECIFIICATII SF U. TY C FUEL SITE UPGRADE Weld County Public Works Division of Engineering P.O. Box 758 1111 H Street Greeley, Colorado 80632 970-304-6496 BID NO # B1700124 Page 1 TABLE OF CONTENTS The following checked forms and provisions take precedence over plan drawings and supplement the 2011 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) which is to be used to administer the construction of this project. BIDDING REQUIREMENTS: *AII Bidders must submit these forms with their Bid. Invitation for Bids 3 Instructions to Bidders 4-12 *Bid Schedule 13-25 *Bid Proposal 26 *Bid Bond 27-28 *IRS Form W-9 29 *Anti -Collusion Affidavit (CDOT Form #606) 30 *Bidders List (CDOT Form #1413) 31 *Anticipated DBE Participation Plan (CDOT Form #1414) 32 WELD COUNTY CONTRACT FORMS: *Low Bidder must submit these forms prior to Contract Award. *Notice of Award 33 *Agreement 34-55 *Performance Bond 57-58 *Labor and Materials Payment Bond 59-60 Notice to Proceed 61 Change Order 62-63 Certificate of Substantial Completion 64 Lien Waiver 65 Final Lien Waiver 66 Notice of Acceptance 67 CDOT REQUIRED CONTRACT FORMS: *Low Bidder must submit these forms to Weld County by 4:30 PM the day following the bid opening. Contractor's Performance Capability Statement (CDOT Form #605) 68 Assignment of Antitrust Claims (CDOT Form #621) 69 Buy America Requirements 70 BID NO # B1700124 Page 2 REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: July 27, 2017 (1St ADVERTISEMENT DATE) BID NUMBER: B1700124 DESCRIPTION: CNG FUEL SITE UPGRADE MANDATORY PRE -BID CONFERENCE DATE: AUGUST 9, 2017 BID OPENING DATE: AUGUST 30, 2017 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Director of General Services (collectively referred to herein as, "Weld County"), wishes to purchase the following: WELD COUNTY CNG FUEL SITE UPGRADE This project in general consists of installing new CNG equipment, including but not limited to, Compressors, Storage, Priority Panel, Dryer, and Dispensers at 1113 H Street, Greeley, CO 80632. This project is a Federal Aid Project, Federal Aid Project No. AQC C030-044, 18123. The "UDBE" goal for this project has been established by CDOT to be 0.0%. The CDOT Form 347, Certification of EEO Compliance, is no longer required to be submitted in the bid package. This form certified that the contractor/proposed subcontractors were in compliance with the Joint Reporting Committee EEO -1 form requirements. The EEO -1 Report must still be submitted to the Joint Reporting Committee if the contractors and subcontractors meet the eligibility requirements (29CFR 1602.7); we will, however, no longer require certification. For additional information regarding these federal requirements, please refer to: http://www.eeoc.gov/stats/jobpat/elinstruct.html. A mandatory pre -bid conference will be held at 10:00 a.m., on Wednesday, August 9, 2017, at the Weld County Buildings & Grounds Facility. The Public Works Building is located at 1105 H Street in Greeley. Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. Bids for the above stated merchandise, equipment, and/or services 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: Wednesday, March 30t1, 2017, 10:00 A.M. (Weld County Purchasing Time Clock). PAGES 1 - 13 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 -13 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 13. 2. INVITATION TO BID: Weld County requests bids for the purchase of the above -listed merchandise, equipment, and/or services. Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. Merchandise and/or equipment shall be delivered to the location(s) specified herein. BID NO # B1700124 Page 3 You can find bid information on the Weld County Purchasing website at http://www.co.weld.co.us/Departments/Purchasing/index.html located under Current Request for Bids. Weld County G _•-vernment is a member of the Rocky Mountain E -Purchasing System. The Rocky Mountain E -Purchasing System (BidNet®) is an on-line notification system that is being utilized by multiple governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. 1 Email. Emailed bids are preferred. Bids may be emailed to: bidigvveldgov.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/ ail hard copies of the bid proposal. 2. Facsimile. Bids may be faxed to 970-336-7226 attention "Purchasing". The vendor must include the following statement on the facsimile: "I hereby waive my right to a sealed bid. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 3 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 Street, Room #107 Greeley, CO 80631. Please call Purchasing at 970-336-7225 if you have any questions. 3® !NSTRUCTINS TO IDDERS: INT1:ODUCTRV INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to the bid of the individual signing. When requested by the Weld County Director of General Services, 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 Director of General Services; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1., entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Director of General Services for the premature opening of a bid not properly addressed and identified. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. Terms Defined: Terms used in these instructions to Bidders and elsewhere throughout the Contract Documents are defined in the General Provisions, CDOT, Standard Specification for Road and Bridge Construction, Section 101. BID NO # B1700124 Page 4 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 Director of General Services, 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 partner. His title must appear under his signature and the official address of the partnership must be shown below the signature. Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Names of all persons signing must be printed below their signatures. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. Modification or Withdrawal of Bid: Bids may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed, and delivered to the place where Bids are to be submitted at any time prior to the final time set for receiving Bids. Bidders may modify or withdraw Bids by electronic communication at any time prior to the time set for receiving Bids provided the instruction is positively identified. Any electronic modification should not reveal the amended Bid price, but should provide only the addition, subtraction or modification. A duly executed document confirming the electronic modification shall be submitted within three days after Bids are opened. The Director of General Services may at his 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 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 and CDOT as additionally insured. Failure to execute the contract and furnish the required paperwork within the time frame mentioned above shall be just cause for the annulment of the Award and, in the event of BID NO # B1700124 Page 5 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 of 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 obtainedby 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, sani�ry, 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. BID NO # B1700124 Page 6 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 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 financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial 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., with regard to public records, and cannot guarantee the confidentiality of all documents. 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. BID NO # B1700124 Page 7 D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorneys 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. 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. BID NO # B1700124 Page 8 M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, The successful bidder's rights with respect to such additional services shall be deemed waived and such failure shall result in non- payment for such additional services or work performed. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty. Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such 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 Proiect pursuant to this Agreement is subiect 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 Proiect. 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 BID NO # B1700124 Page 9 practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Compliance with Davis -Bacon Wage Rates. The successful bidder understands and agrees that, if required by the Scope of Work, the work shall be in compliance with the Davis- Bacon Wage Rates. V. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners. 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 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 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 coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder/Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. BID NO* B1700124 Page 10 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. Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, liability assumed under an insured contract (including defense costs assumed under contract, designated construction projects(s) general aggregate limit, ISO CG 2503 or equivalent additional insured —owners, lessees or successful bidders endorsement, ISO Form 2010 or equivalent, additional insured —owners, lessees or successful bidders endorsement, ISO CG 2037 or equivalent, the policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, 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 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. BID NO* B1700124 Page 11 Successful bidders/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the successful bidder/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder/Contract Professional's insurer shall name Weld County and CDOT as additionally 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 coverage's required of Successful bidder/Contract Professional. Successful bidder/Contract Professional shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. PRELIMINARY SCHEDULE Below is the planning schedule for this project. Project completion and full commissioning must be completed by June 30, 2018 to fulfill the requirements of the grant. Failure to meet that date will result in contractor needing to absorb costs for any uncompleted work. Date of this RFP Advertisement Date Pre -bid conference Proposals Are Due Notice of Award Contract Notice to Proceed Release ATMOS Construction Parts Arrival Substantial Completion Final Completion July 27, 2017 July 27, 2017 Aug 2, 2017 Aug 30, 2017 Sep 18, 2017 Sep 27, 2017 Sep 28, 2018 NLT Oct 5, 2017 Feb 28, 2018 May 31, 2018 Projected date of June 30, 2018 BID NO # B1700124 Page 12 BID PROPOSAL To: Weld County Purchasing Department P.O. Box 758, 1150 "O" Street Greeley, Colorado 80632 Attention: Barbara Connolly, Purchasing Director Bid Proposal for: WELD COUNTY CNG FUEL SITE UPGRADE PROPOSAL Pursuant to and in full compliance with all Contract Documents the undersigned Bidder hereby proposes to furnish all labor and materials and to perform all Work required for the complete and prompt execution of everything described or shown in or reasonably implied from the Bidding Documents, including the Drawings and Specifications, for the Work above indicated for the monies indicated below which includes all State, County and local taxes normally payable with respect to such Work. The amounts stated include all allowances for profit and overhead, taxes, fees and permits, transportation, services, tools and equipment, labor and materials and other incidental costs. The Bidder and all Sub -Bidders shall include in their bid all Sales and Use Tax if applicable. State of Colorado and Weld County tax shall not be included. Upon application, the State of Colorado Department of Revenue shall issue to a Bidder or Sub -Bidder a Certificate or Certificates of Exemption indicating that the purchase of construction or building materials is for a purpose stated in Section 39-26-114, CRS, and is free from Colorado State Sales Tax. EXAMINATION OF DOCUMENTS AND SITE The Bidder has carefully examined the Bidding Documents, including the Drawings and Specifications, and has examined the site of the Work, so as to fully appraise himself of the conditions at the site and to gain a clear understanding of the Work to be executed and is thoroughly familiar with all local, state and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. PROPOSAL GUARANTEE This Bid Proposal is accompanied by the required Bid Bond of five percent (5%) based upon the Total Cost of all items required to be Bid. Weld County, Colorado is authorized to hold said Bid Bond for a period of not more than sixty (60) days after the opening of the Bids for the Work indicated, unless the undersigned Bidder is awarded the Contract within said period, in which event the Owner may retain said Bid Bond until the undersigned Bidder has executed the required Agreement and furnished the required Performance Bond, Labor & Materials Payment Bond, and Certificates of Insurance. TIME OF COMPLETION The Bidder agrees to make his best effort to complete the entire Project as soon as possible and within the time specified in the Project Special Conditions after the issuance of the Notice to Proceed 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, he must execute the required Agreement and furnish the required Performance Bond, Labor & Materials Payment Bond and Insurance Certificates within five (5) days from the date of Notice of Award. BID NO # B1700124 Page 13 METHOD OF AWARD The Owner reserves the right to reject any Bid from any Bidder to complete the Work as specified regardless of the amount of the Bid. It is understood by the Bidder how Bids shall be awarded and that should the cost of the Bid exceed budgeted funds, the Owner reserves the right to reject any or all Bids or portions of Work Bid or the use of any of the methods stated in the Instructions to Bidders to obtain the most advantageous Bid price. All bids will be reviewed by the Owner and Engineer. For any discrepancy between words and figures; the words will control. All mathematics will be checked and the correct total used for determining the low bidder. GENERAL NOTE This project shall be in accordance with the federal Buy America requirements, Section 106.11 as included in the attachments as part of the contract. Weld County CNG Fuel Site Upgrade This project consists of upgrading the existing Weld County Fast -Fill CNG Fuel Site located at 1113 H -Street, Greeley, CO. The construction project will be awarded as a "turn -key" project where the contractor is required to design and build this project. The Fast -Fill CNG facility shall remain a redundant system designed for fleet use, and operational 24 hours a day, 7 days a week, 365 days a year; with a system design for peak operation between the hours of 5:00 AM and 7:00 PM. The County is the owner of this facility. SCOPE OF WORK: 1. The contract will be awarded by and be with Weld County. The scope of work is for the installation and construction of a Rapid or Fast -Fill CNG fueling station to upgrade the existing fuel site located at 1113 H - Street, Greeley, CO. The selected Contractor shall be responsible for delivering a complete "turnkey" facility, including design, engineering, permitting, civil and other improvements to the site, equipment procurement and installation, start-up and testing, commissioning, and training of personnel. The Contractor shall also be responsible for ensuring the design of the facility and equipment complies with all codes and regulations in effect at the time of station permitting. The selected Contractor shall provide a one-year full warranty on all equipment provided, as well as all service and operating manuals, and a complete set of AutoCAD-based "As Built" drawings for the County. 2. The purpose of this document is to describe the minimum equipment and services required by Weld County. It is the responsibility of the bidder to understand and comply with all applicable municipal, county, state, and federal codes, laws, ordinances, standards, rules and Weld County supplements in force at the time of facility commissioning. Every effort has been made to provide accurate information in this bid request. Should significant conflicts between these written specifications, the preliminary design drawings, code requirements, standard industry practices, and/or available equipment be identified by the Contractor, the Contractor shall notify the County in writing immediately upon discovery. 3. The facility shall be designed with space, piping connections, and electrical equipment that will allow for the future installation of additional dispensing equipment which will include a provision for future slow -fill connection point. This future expansion will not be part of the base bid. Spare/future conduits shall be capped and sealed at each end a minimum of six inches (6") above grade and protected from impact, and shall include installed pull strings. 4. Time is of the essence. Project completion and full commissioning must be completed by June 30, 2018 to allow proper grant closeout timeline. The successful bidder shall acknowledge the receipt of the order and certify delivery as scheduled or fully bear cost of unfunded equipment/installation. SPECIFICATIONS: The following items will be required as part of this project and should be included in the Contractor's bid costs for this project: BID NO # B1700124 Page 14 1. The goal of the project is to achieve the fast -fill capacities identified in Figure 1. If these capacities cannot be met due to gas supply line limitations, contractor must show the equipment/design that provides the best alternative to achieve as nearly as possible. Contractor must identify what was achieved versus shortfall in their bid submissions. Bid that achieves closest to these capacities will be given priority over other bids. 2. ATMOS is the gas supply utility: a. ATMOS has stated the gas supply for this upgrade could achieve 53mcfh with a delivery pressure of 70 psig. b. This volume can only be achieved if a new line is provided by them to the site. c. Since the upgrade of the CNG site is dependent upon this new larger line, the contractor's reply to this bid must include a line item in the bid tabulation which includes the ATMOS quote (Figure 2) for a total of $815,105.00 to extend this line. d. Contractor will make the payment to ATMOS for this amount upon gas line completion or as progress payments, as necessary. e. Contractor shall coordinate this gas line installation in concert with Weld County Buildings and Grounds. f. To ensure the ATMOS line installation occurs before frost sets in, release for construction of the gas line extension to the fuel site should occur within 10 days of contract finalization. 3. Dispensers: a. Existing CNG dispenser shall remain operational. b. Contractor shall provide five new dispensers at locations shown on Figure 3. c. Four dispensers will be on the heavy-duty side. d. One dispenser will be on the light duty side. e. All dispensers must be included in base bid. f. Should the budget be exceeded, the County may elect to deduct dispensers from the scope starting with dispenser #5 and working backwards until acceptable budget is achieved. If this is necessary, a line stub out shall be provided at last dispenser to allow to connection of future dispenser additions. g. Each dispenser shall be a two -hose rapid fill dispenser capable of dispensing fuel simultaneously at a settled fill pressure of 3,600 psi. The dispenser shall be capable of delivering simultaneous fills from both hoses with 3,600 psi. h. The dispenser should be compatible with the County's existing card reader system. The existing system is manufactured by Gilbarco/GasBoy and is operating on software "Fleet Head Office" version 6.4.4.13. i. Dispensers must be on 6 -inch raised curb and protected from impact by four each 6 -inch round bollard filled with concrete and buried 3 -feet deep and painted yellow. 4. Compressors: a. Larger Compressors are envisioned to meet the increased fueling needs. Weld County currently has two 50 hp compressors. b. A 4 -hour recovery time or better is desired. c. Design should incorporate a primary and secondary (lead/lag) compressor system. This system should allow one compressor to operate the entire system should the other fail. 5. Storage. Increasing storage capacity may be needed to meet the goals. 6. Design/Permitting: a. Contractor's submittal shall demonstrate how the project will be a completed as a design -build "turnkey" operation. b. The property of 1113 H -Street, Greeley is outside city limits. Building permits will be obtained from the Weld County Planning and Building Department. Fees for these permits will be waived. c. Contractor shall demonstrate and assert a facility design along with their bid submittal. d. Contractor shall provide a detailed description (timeline) of how the project will be managed to ensure meeting a construction deadline of June 30, 2018, which allows for grant closeout. 7. Construction: a. Contractor shall be responsible for connection of all necessary gas, electrical, and other utility services required for this project. b. Contractor's bid shall include all construction costs including site work, demolition/relocation activities (if needed), civil and electrical improvements, and equipment installation. BID NO # B1700124 Page 15 c. Installation of new CNG equipment should not impact the traffic flow or truck size used on the existing fuel site. If larger footprint is needed contractor shall extend fence to northwest to prevent encroaching into the current drive lanes. d. Contractor shall return all used equipment/piping of existing system to the County. 8. Proposed equipment: a. Contractor shall provide a detailed description of the proposed systems components. b. Include cut -sheets of individual equipment components (e.g. compressor, dryer, priority panel, etc.) identifying the functional capabilities, size, performance ratings, life expectancy, etc. c. Identify the costs associated with each component. d. Define the system components life expectancy and how they affect system reliability (i.e., fill cycle — compressors rated for 3,000 hours between overhauls, etc.). 9. Grant Reporting: a. Weld County is the recipient of certain grant funds to assist in this project. Bidders are advised that as a sub -recipient of the grant, the contractor who receives award of this contract must comply with all federal requirements. Please refer to the CDOT Local Agency intergovernmental agreement to ensure compliance and adherence with federal requirements, such as Buy America. These forms and requirements are included in the bid package. b. Contractor shall provide requested data to the County to comply with annual Congestion Mitigation and Air Quality (CMAQ) program reporting requirements and documentation: i. This information will be further discussed with the successful bidder. ii. Example reporting requirements may include: project description, project completion date, annual amount of fuel dispensed, and air quality benefit calculations for 8 -hr ozone, VOCs, NOx, PM10, CO2, and CO. 10. Contractor shall be responsible for commissioning, startup, training, and demonstration of the facility. 11. The county is exempt from sales and use taxes. A tax-exempt certificate will be provided to the winning bidder. 12. Bonds. a. Bid bond is required. b. This project will require a payment and performance bond equal to 100% of the job. 13. Contractor will be required to enter a standard County contract for this service. 14. Contractor shall utilize a Weld County contract that complies with the Federal -Aid Construction Contracts; Form FHWA 1273 titled "Required Contract Provisions Federal -Aid Construction Contracts" included in the sample contract attached to the bid package. EQUIPMENT/WARRANTY A. Any equipment shall be the manufacturer's latest model of production. Said equipment shall be of superior quality and suitable to the use for which it is intended. The technical design shall be in line with the best practice in the industry and the materials and workmanship entering into the construction shall be of the kinds and qualities which will ensure long life, dependability, and low cost of maintaining and repairing. B. The successful bidder shall warrant they have title to the goods supplied and the goods are free and clear of all liens, encumbrances, and security interests. All warranties made by the successful bidder, together with service warranties' and guarantees shall run to Weld County and its successors and assigns. The successful bidder shall warrant the following equipment in accordance with the Manufacturer's Warranty: 1. Compressors 2. CNG Storage Vessels 3. Gas Dryer System 4. CNG Dispensers 5. Dispensing Hoses 6. Electric Breakers 7. Motor Starting Equipment BID NO # B1700124 Page 16 8. Instrument Air Package 9. Fuel Management Card Key Equipment 10. Control System Equipment (PLC's), and 11. Particulate and Coalescing Filters C. Service Calls in the First One -Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the warranted goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. EXPERIENCE/QUALIFICATIONS: Each proposal must include: A. Qualifications and specific experience of key team members. B. Demonstrated ability to perform work satisfactorily as confirmed and evidenced by references. A list of at least three (3) references including the following: contact information: name, position, telephone number and e-mail address. All references will be thoroughly checked. C. Project understanding and approach. D. Experience with similar types of CNG design/build projects. A listing of CNG fueling stations the bidder, and subcontractors, have provided similar services at within the last three years. E. Proposed project schedule. F. Eligibility to participate in contracts for Federal, State, and County funded projects. G. Proposal Cost and Cost Effectiveness (monetary stewardship of the CMAQ program). H. Quality and completeness of the proposal. I. Firm's stability in the industry. J. Adherence to submission requirements as outlined in this request. BIDDING REQUIREMENTS A. A signed bid proposal must include the line item pricing below with a project total. If an item is not proposed, indicate N/A. B. Weld County is the recipient of certain grant funds to assist in this contract. Bidders are advised that as a sub - recipient, the contractor who receives award of this contract must comply with all federal requirements. Please refer to the Local Agency Manual and IGA with CDOT for compliance and adherence with federal requirements, such as Buy America. All bidders must submit these following forms at the bid opening: 1. Request for Taxpayer Identification Number & Certification (IRS Form W-9), 2. Anti -Collusion Affidavit (CDOT Form #606) 3. Bidders List (CDOT Form #1413) 4. Anticipated DBE Participation Plan (COOT Form #1414) C. The remaining required COOT Forms must be submitted by the Apparent Low Bidder within five (5) business days of the Notice of Award. All the forms can be found in the following bid package and include: 1. Contractors Performance Capability Statement (COOT Form # 605) 2. Assignment of Antitrust Claims (COOT Form # 621) 3. Anticipated DBE Participation Plan (COOT Form #1414) must be submitted to document zero anticipated participation. BID NO # B1700124 Page 17 PRICING Complete the cost proposals below to perform design, construction, and maintenance services ("turnkey" operation) for the Weld County CNG fueling station upgrade as specified in this Bid Package, Plans and Specifications. Enter a cost for each item that would include "full installation" of that specific component. If a particular item does not apply, place N/A in the corresponding column. If the "Other" row is used to capture any remaining costs, describe these items along with associated costs. Item Costs Design $ Site Work $ ATMOS Gas Line Extension $815,105.00 Compressor #1 (with installation) $ Compressor #2 (with installation) $ Gas Dryer System (with installation) $ Priority Panel & controls (with installation) $ CNG Storage Vessels (as required) $ Electrical $ Dispenser #1 (with installation) $ Dispenser #2 (with installation) $ Dispenser #3 (with installation) $ Dispenser #4 (with installation) $ Dispenser #5 (with installation) $ Fuel Management (GasBoy) $ Electrical $ Plumbing/Piping $ Other (Describe) $ TURN -KEY BID TOTAL $ DOES THIS BID MEET OUR SPECIFICATIONS? YES NO BID NO # B1700124 Page 18 PLEASE READ THIS PARAGRAPH AND CHECK THE BOX BELOW: RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. Date: By: Addendum No. Date: By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B1700124 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 Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 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. The bid(s) may be awarded to more than one vendor. FIRM BY (Please print) BUSINESS ADDRESS DATE CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 -13. BID NO # B1700124 Page 19 l Expasicp.. usage timat Normal Fueling Volumes Dump Trucks Tractors (Switching to LNG fleet) LD Vehicles # Vehicles 12 0 90 Tank Size, GGE 120 120 24 %Activ e 100% 100% 100% Fleet GGE Tank Capacity Fill% per Fill Fleet GGE per Fill % of Fleet Fueling per Fill GGE per Fueling Window Fill Days/Yr Fueling Normal Fleet Volume per Year, GGE Total GGE 1,440 0 2,160 3,600 80% 2,880 50% 1,440 260 748,800 Snow Storm Volume Dump Trucks Fill% per Fill Fleet GGE per Fill Additional Fills per Day GGE per Snow Storm Day Snow Storm Days Additional Volume for now Days %Activ Total # Vehicles Tank Size, GGE e GGE 12 120 100% 1,440 80% 1,152 1.5 1,728 15.0 25,920 Capacity Estimate GGE per Fueling Window Fill SCF per GGE SCF Needed in Fueling Window Minutes in Fueling Window Minimum SCFM Needed Redundancy SCFM with Redundancy 1,440 125 180,000 120.0 1,500 50% 2,250 Figure 1 BID NO # B1700124 Page 20 Figure 2 May 26, 2017 Toby Taylor, Director Weld County Department of Buildings & Grounds Weld County Veterans Services. 1105 H Street P.O. Box 758 Greeley, CO 80632 P: 970.356.4000, ext. 2023 F: 970.304.6532 t*orel.m Dear Toby Taylor: Atmos Energy Corporation is pleased to provide a non: binding cost estimate for your budgetary purposes to extend natural gas service to 1113 H Street in Greeley, Co. for the CNG Facility. The proposed project will consist of installing 6 -inch HP natural gas main. This main extension is designed to handle delivery of approximately 53 meth with desired pressure of 70 psig to 1113 H Street. Non -binding cost estimate for this natural gas main project and service line (valid for 30 - days from date of this letter): Installs 6 -inch HP natural gas main for approximately $728,866.00. Install a 6 -inch HP serviceline for approximately $86,239.00. We thank you for all the information you have been gathering and providing for us and the meet time at the site. It is important to note the assumptions Atmos Energy has made in preparing this estimate. 1. Assumes customer will provide baniers/protection around meter site. 2. Assumes the project proposed route is installed in Weld County proposed easement as per email seat on 513/17. 3. Assumes contractor labor is used and is based on this approximate cost. proposal. 4. Assumes some pipe is to be installed using horizontal directional drilling methods. 5. Assumes county granted storage space for materials and contractor equipment at no cost. 6. Assumes Weld County will move trees. 7. Assumes there will be third party inspection. 8. Assumes the design for delivery is a minimum. 70 psi and 53 mcfb. 9. Assumes the 70 calendar days of construction as proposed by contractor. 10. Does not include any costs associated with any permitting. 11. Assumes there will be a no -frost installation. BID NO # B1700124 Page 21 It upon review oldie non -binding cost estimate, you or your company is interested,in seriously pursuinglnatural gas service, A Energy will conduct a comprehensive engineering study of the project. and generate a Main Extension contract to pursue your. project. The comprehensive engineering study will develop a firm project costwhich will be the cost specified in the Main Extension contract. The terms and conditions in the Main Extension contract will be available for (90) days fromthe date of issuance of the Main Extension contract At the time of installation, the utility easements for this main extension auUar service line should'be to final grade and allow clear access to the easements. Property pins should be visible and clearly marked. All sleeves for crossing should be idled prior to the main extension installation as per specifications provided by Atmos Energy Corporation. All construction of main or service line will be subject to Atmos Energy's tares on file with the Kansas Corporation Commissionand are subject to regulatory and pipeline safety oversight. If you have any questions, please telephone Chris McDermott at 9'70-344-2080_ Sincerely, Christine Metntat€ Eloctron c isnature 5/24(.2017 at 1:2OPM Christine -McDermott BID NO # B1700124 Page 22 3 "CI* M' .,hs•F if' i - r car '. r -rat . ZS_Cr 41. a_ -- STN rZW- ins-so err rir • ;Tr -31' � yt'l 03 cy —mew BID NO # B1700124 Page 23 S rp L 1 ro j fY 5 4 •ri.Citds f"ni ra r 0 3 A flP }e `•,P i3 p A u �s Figure 3 BID NO # B1700124 Page 24 New Dispenser Locations • l BID NO # B1700124 Page 25 Bid Schedule PRELIMINARY SCHEDULE Below is the planning schedule for this project. Project completion and full commissioning must be completed by June 30, 2018 to fulfill the requirements of the grant. Failure to meet that date will result in contractor needing to absorb costs for any uncompleted work. Date of this RFP Advertisement Date Pre -bid conference Proposals Are Due Notice of Award Contract Notice to Proceed Release ATMOS Construction Parts Arrival Substantial Completion Final Completion July 27, 2017 July 27, 2017 Aug 2, 2017 Aug 30, 2017 Sep 18, 2017 Sep 27, 2017 Sep 28, 2018 NLT Oct 5, 2017 Feb 28, 2018 May 31, 2018 Projected date of June 30, 2018 BID NO # B1700124 Page 26 BID BOND PROJECT: Weld County CNG Fuel Site Upgrade 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 , 20_ for the Weld County CNG Fuel Site Upgrade 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 , 20_ 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: By: Surety ATTEST: Address By: BID NO # B1700124 Page 27 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 # B1700124 Page 28 Form W-9 (Rev. August 2013) f)epartrnentoft(wTneastay Internal RevenueService' Request for Taxpayer identification Number and Certification Gists Form to. the requester. Do not send to tut IRS. N ° r IS !I d u Name (as ahtsen on your incase tax return) Business name/disregarded entity name, if different from above e Chock appropriate box for federal tax dateifpatiorc 0 Individual/sole proprietor 0 CCorporation 0 S Corporation 0 Partnership 0 O limited liability company. Enter the tax classification (C corporation,S S corporation, PvartitasFnb)► 0 Other (see instructions) Trust/estate Exemptions Exempt payee Exemption code Of any) (see instructions): code (d cry) ham FATCA reporting Address (number, street, and apt. or aide no.) Requester's name end address (optional) City, state, and ZIP code List account roar ter(s) here (optloneg Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the °Name line Soda, (weft rawhber ---� to avoid backup withholding. For Individuals, this is your social security number (SSN). However,' for a resident alien, ode proprietor, or deregarded 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 e TIN onpags3. Note. If the account is in more than one name, ass the chart on page 4 for guidelines on whose number to enter. Employer idenWoaths nweber PtrtII 'Certification Under penalties of psf)ttry, i certify that 1. The number shown on this form is my correct taxpayer identification number (or 1 am waiting fora number to be issued to me), end 2. I am not subject to backup withholding because: (a) I am' exempt from backup ~doling, or go) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withhddrg as a result of a feliure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, end 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) locating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out Item 2 above If you have been notified by the IRS that you we currently subject: to backup withholding because you have tilled 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 abandtxrnent of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA),, and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions on page 3. Sign Here Signore of U.S. persona. Delp P. General Instructions Section referenceeare tone Internal Revenue Code unless otherwise noted. FiAur developments. The IRS has created a page on IRS.goe tar information about Fart W-9, atwew.irsgov/x9. Information about any future developments effacing Farm W-9 (such as legislation erected alter we release it) will be pasted on that page. Purpose of Form A person who is required toNe an information return with the IRS must obtain you correct taxpayer Identification number 0114 to report, for example, income patdto you, payments made to you err aetaement of payment card and third party network transactions, real estate transactions, mortgage rrtereat you paid, acquisition or abandonment of seared property, canceiation of debt, or contibutiora you mande to an IRA Use Form W4 only d you are a U.S. person (including a resident alien), to provide your corrects Tt1 to the person requesting it (the requester) and, when applicable, to: 1. Certify that the 1t4 you are giving is correct(or you are wading for a amber to be issued), 2. Certify that you ate not subject to backup withholding, or 3. Gain 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 docabie share of any partnership income from a U.S. trade or business is not subject to the withholding taxonforeign partners' share of effectively connected income, and 4. Certify that FATCA coda(S) entered on tile form (If arty) Indicating that you are exempt tan the FATCA reporting, is correct. Note. If you ere a-U.S. person end a requester gives you a form *taw than Form W-9 to requestycu 1N, you must use the requester's form if it is eutastantially atelier to this Form W-9. D.iloglon of a U.S. person. For federal text puposes, you ere considered a U.S. person if you are: • An individual who tea U.S. citizenor U.S. resident seen,. • Apartnersltip, corporation, comparw,.or association created or organized in the United Matte or tinder the laws of the united Slates, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Seeder rules for pannerehips. Parinerahns that conduct a trade or busness is the United States are generally required to pay a withholding tax -under section 1446 on arr)ioretgn partners' share of effectively connected taxable income tom such business. Further, in certan cases where a Form . W-9 has not been received, the ones under section 1446 require a partnership to preanmethat a partner is a foreign person, and pay the section 1446 wlthhokling tax. Therefore; Wyatt are a U.S. person that is a padre* in a partnership conducting a trade or business; In the United States, provide Form W- 9 to he partnership to establish your U.S. status and avoid section 1446 winrndditg on your share of partnership income. Cat. No. 10231X Form W-9 (Rev. 8-2013) BID NO # B1700124 Page 29 .COLORADO DEPARTMENT OF TR• ANSPORTATION ANTI -COLLUSION AFFIDAVIT rro�rorrl° I hereby attest that I am the person responsible within my firm for the final decision as:to the price{st and amount:of this bid or, if not that i have Written authorization, enolosed herewith, from that PerflOn to make the statements set OrdbeloVen his or her behalf and on behalf of my firm. I further attest that: 1, The prices) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose or with the effect of restricting competition with any other firm -or person Whale a bidder or potential prime Ibr0der. 2A. Neither the priceisi nor the -amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to bidopening. 28. Neither the prices horn* amount of the bid of any other firm or person who is a bidder or potential prime bidderon this project hate been disclosed lodite or my firm 3A. No attempt has been made to solicit, cause of induce any firm or person who is a bidder or potential prune bidder to refrain from bidding on this ;project; or to submit a bid higher than the bid of this firm, or any lntentitonaly high or non- competitive fed or Other form of complementary bid. 9g, No agreement has been promised orsofc ited for any other firm or person who it a bidder, or potential prime bidder an this project to submit an intentionally high, none petitive or other fora; of complementary bid Oh tit project 4, The bid of ri frrm made in good faith and not pursuant to any consultation, communicatfsn, agreement or -disOuittitar with, or inducement or solicitation bk or from any firm or parrs to submit any intentionally' high, noncom petitive or other form of complementary bid, 6, My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or -services front any firm of person, or offered, promised Or paid cash or anything of value to any firm or person,, whether in connectionWith h this orany other project, in consideration for an agreement or promise by-anyfirm::or person to fefrain'from bidding or to-subr,.tt>it any Intentionally high, noncompetitivve or other tom of complementary Old or agreeing or. promising to do soon this project. S. My firm has not a pted, or been promised any subcontract or agreement regarding the sate df materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person; whether In connection with this or anyOther project, in consideration for my fiMffillubMittinganY Intentionally` high, noncorretitiveor ether town of complementary bid, or agreeing or promising to do so, on this project 7. l have Made a diligent inquiry of all members, officers, employees, and agents otmyfirmthy; W th responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have.been advised by ea* of therm that he or she has not participated In. any communication,.consultation, discussion, agreement, collusion -or other conduct inoonsistent with any of the statements and representations made in this affidavit. 8. I understand and my firm understands that. any misstatement in this affidavit is and shall be treated as a fraudulent concealment,fromithe Colorado Department of Transportation, of the true facts relating to submission of bids for this contract, i DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL. LAWS,;'THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. 5onhgclo', Mot oroampaoy name . By FJeis Tide 2no4onnacK tOn or OgetnonynNne pl inaltienkne.1 9y - 1 Tine Sworn to -:before me this day of, 20 *wiry Pubic, My oommission vionas NOTE: This document must be signed in ink. 5001'°tfo, BID NO # B1700124 Page 30 COLORADO DEPARTMENT F :TRANSPORTATION BIDDERS LIST ontrctar • u cor tr ctors/ plrer Ne d rsn "he bidder 'lust fist ail tires eeking to parficipate ors the contract. This in rmatio is used b the •l rM o pa edit of 'ran ortatlor iCD � .tp d terr in overall goals for the Dxsal.anta ec Bus1ness. EnterpnlsoProgram a ly-allure to submit;thl fOrr ray result in the proposal beir Flinn iam.e Yj .....-.m. gna .. ••••• .. e....... 4•••• ...... .......... «OW. n . .. .-... «............w9 .1 �E�rYf,atf; K ,uric: Propase: (Select all that: apply)` bBE d• selected` c;rk� th- he inforrnziLion. provided herein is t o and correct to the es of Name Srgnatr.ar.elinitials Title Date `aa Pe etliVittaltV This form mu t b u ,mi d l g the pro i _ I _ dLin , .F r CD0.T projects,. submit tqgdot hq_dl eforns, tateco..us. BID NO # B1700124 Page 31 COLORADO DEPARTMENT OF TRANSPORTATION ANTICIPATED DBE PARTICIPATION PLAN Bidder: Project Contact: Project Code: Phone: Date of Proposal: Email: Contract Goal: Preferred Contact Method: I Region: uesr commitments DBE Firm Name Work to Be Performed Commitment Amount Eligible Participation Total Eligible Participation Total Bid Amount Total Eligible Participation Percentage Bidder Signature INS section must be signed by an individual with the authority to bind the Bidder. By signing this form, as an authorized representative of the Bidder, you declare under penalty of perjury in the second degree and any other applicable state or federal laws that the statements made in this document are true and complete to the best your knowledge. Further, you attest that you have read the Standard Special Provision Disadvantaged Business Enterprise Requirements and understand the following: CDOT shall not award a. contract until it has been determined that the contract goal has been met or that you have otherwise demonstrated good cause. Once your proposal has been submitted, commitments may not be modified or terminated withoutthe approval of CDOT If selected as the lowest apparent bidder, you shall submit a Form 1415 for each commitment listed above. If you have not met the contract goal, you will also be required to submit documentation of all good faith efforts to meet the contract goal. It is your responsibility to ensure that the selected DBEs are certified for the work to be performed and that their eligible participation has been properly counted. For additional information and instructions on calculating eligible participation, see the Standard Special Provision Disadvantaged Business Enterprise Requirements. Name Title Signature Date is form must be submitted by the proposal deadline. For CDOT projects, subm it to cdot_hq_dbeforms@state.co.us. Civil Rights and Business Resource Center CDOT Form # 1414 01/14 BID NO # B1700124 Page 32 NOTICE OF AWARD PROJECT: Weld County CNG Fuel Site Upgrade To: Project Description: Weld County CNG Fuel Site Upgrade The project in general consists of upgrading Weld County's compressed natural gas (CNG) fueling site with new equipment and dispensers to accommodate Weld County's CNG fleet through a turnkey contract which includes but is not limited to: CNG compressors, storage, dispensers, priority panel and a dryer. 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 two originals of the Agreement and furnish the required Performance Bond, Payment Bond and Certificates of Insurance within five (5) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within five (5) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this _ day of , 2017 Weld County, Colorado, Owner By: Elizabeth Relford, Transportation Manager ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this day of , 2017 By: Title: BID NO # B1700124 Page 33 WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & Weld County CNG Fuel Site Upgrade THIS AGREEMENT is made and entered into this _ day of , 2017, 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's Compressed Natural Gas (CNG) fuel site is. in need of an upgrade as a result of the county's CNG fleet not being able to keep up with fueling demands, (hereinafter referred to as the "Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the improvements of this intersection, and WHEREAS, County requires an independent contract construction professional to perform the turnkey 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 turnkey 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`ofCounty's -Request for Bid (RFB) as set forth in "Bid Package No. B1700124". The RFB contains all of the specific requirements of the 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 Buildings & Grounds Director 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 BID NO # B1700124 Page 34 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. T:trminati •;n. 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. `III;Altr,! u yi/t •6 1Is rt: - , 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 need•e,:d to accomplish :y an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to !,. 1 It �'.�: • -viii' this Agreement upon termination. �'` ` l'ilma•.y�.Ts r,�:3�r_ ��'j, sr` k? c si3ti Safi. e_ Upon termination, County shall take possession of'all materials, equipment, toar 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 shalV�_be the property of County. Copies of work product incomplete at the time of termination shall be marked "DR FT -INCOMPLETE." :, Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such terminatipn or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. t, t, 5. Extensllon or Modifocation. 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/Contrract 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 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. BID NO # B1700124 Page 35 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 fortis 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 enterinto 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 nits reasonable discretion to'approve all personnel assigned to the subject Project during the performance of thisAgreernt 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 end 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, bythis 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 omjssions of its agents employees and subcontractors. 9. Ownership. All work and information obtained Contractor under this Agreement or individual work order shall become or retrain (as applicable), the p pert of County. In addition, all reports, data, plans, drawings, records a°rd.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. Contract©rshall 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.' ittal, rly 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. BID NO # B1700124 Page 36 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 reement 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, BID NO # B1700124 Page 37 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. Commercial General Liability Insurance written on ISO occurrence form' CC 00 01 equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanketcontractual 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/oreffliated 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" nand 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. 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 arid elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract.` 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 BID NO # B1700124 Page 38 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. 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 hisor 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, Elizabeth:=Relford, Transportation Manager. All notices or other communications (including annualmaintenance made by one party to the other concerning the terms and conditions of this contract shalt bedeemed 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 thiscontract; or c) electronic transmission vie; 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 sendingparty. 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: BID NO # B1700124 Page 39 Facsimile: County: Name: Elizabeth Relford Position: Transportation Manager Address: P.O. Box 758 Address: 1111 H Street, Greeley, CO 80632-758 E-mail: erelford@weldgov.com Facsimile: (970) 304-6497 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 mayengage or use other Contractors or persons to perform services of the same or similar nature 20. Entire Agreement/Modifications. This Agreement includirig.the Exhibits attached hereto. and incorporated e herein, contains the entire agreement between thparties with.respect to the subject matter contained in this Agreement. This instrument supersedes alt prior ne otiations, representations arid' understandings or agreements with respect to the subject matter contained`inthis Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both-`pa►ties , 21. Fund Availability. Financial obligatioris?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. 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 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. BID NO # B1700124 Page 40 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 Mat 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 1)1i -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. 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.) 31. 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 # B1700124 Page 41 32. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all 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 , 2017. CONTRACTOR: By: Name: Title: WELD COUNTY: ATTEST: day of Date: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Boar APPROVED AS TO FUNDING: APPROVED AS TO FORM: Controller County Attorney Julie Cozad, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Director of General Services BID NO # B1700124 Page 42 October 31, 2013 1 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Attached is Form FHWA 1273 titled Required Contract Provisions Federal -Aid Construction Contracts. As described in Section I. General, the provisions of Form FHWA 1273 apply to all work performed under the Contract and are to be included in all subcontracts with the following modification: For TAP (Transportation Alternatives Program) funded Recreational Trails projects, Section I (4) regarding convict labor and all of Section IV of the FHWA 1273 do not apply. 43 October 31, 2013 2 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS FHWA-1273 -- Revised May 1, 2012 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS II. III. IV. V. VI. VII. VIII. IX. X. Xl. General Nondiscrimination Nonsegregated Facilities Davis -Bacon and Related Act Provisions Contract Work Hours and Safety Standards Act Provisions Subletting or Assigning the Contract Safety: Accident Prevention False Statements Concerning Highway Projects Implementation of Clean Air Act and Federal Water Pollution Control Act Compliance with Governmentwide Suspension and Debarment Requirements Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the 44 October 31, 2013 3 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the- job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. 45 October 31, 2013 4 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contractor such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. 46 October 31, 2013 5 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b.(1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and 47 October 31, 2013 6 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis - Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b.(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm 48 October 31, 2013 7 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable 49 October 31, 2013 8 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As 50 October 31, 2013 9 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is 51 October 31, 2013 10 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA 52 October 31, 2013 11 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.qov/), which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 53 October 31, 2013 12 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such aS subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/) which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of 54 October 31, 2013 13 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 55 October 31, 2013 14 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on -site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1 c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on -site work. 56 PERFORMANCE BOND (PAGE 1 OF 2) PROJECT: Weld County CNG Fuel Site Upgrade 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 (Name of Owner) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Address of Owner) 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 , 20_, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: Weld County CNG Fuel Site Upgrade described in the Invitation for Bids, Bid No. B1700124. 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. BID NO # B1700124 Page 57 PERFORMANCE BOND (PAGE 2 OF 2) PROJECT: Weld County CNG Fuel Site Upgrade 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. IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of , 20_ (Contractor) Secretary (SEAL) Contractor By (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 # B1700124 Page 58 LABOR & MATERIALS PAYMENT BOND (PAGE 1 OF 2) PROJECT: Weld County CNG Fuel Site Upgrade 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 (Name of Owner) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Address of Owner) 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 a copy of which is hereto attached and made a part hereof for the construction of: , 20, PROJECT: Weld County CNG Fuel Site Upgrade described in the Invitation for Bids, Bid No. B1700124. 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. BID NO # B1700124 Page 59 LABOR & MATERIALS PAYMENT BOND (PAGE 2 OF 2) PROJECT: Weld County CNG Fuel Site Upgrade 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. IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of , 20_ Contractor (Contractor) Secretary (SEAL) By (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 # B1700124 Page 60 NOTICE TO PROCEED PROJECT: Weld County CNG Fuel Site Upgrade To: Date: Name of Project: PROJECT: Weld County CNG Fuel Site Upgrade described in the Invitation for Bids, Bid No. B1700124. You are hereby notified to commence Work in accordance with the Agreement dated . The date of completion of all Work is therefore By Elizabeth Relford, Transportation Manager Weld County, Colorado, Owner ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: (Contractor) Dated this day of , 2017. By Title BID NO # B1700124 Page 61 CHANGE ORDER NO. (EXAMPLE) PROJECT: Weld County CNG Fuel Site Upgrade Date: PROJECT: Weld County CNG Fuel Site Upgrade described in the Invitation for Bids, Bid No. B1700124. 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: Elizabeth Relford (Transportation Manager) APPROVALS: CONTRACTOR: Name: Date: Title: BID NO # B1700124 Page 62 WELD COUNTY: ATTEST: Weld County Clerk to the Board BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Julie Cozad, Chair APPROVED AS TO FUNDING: APPROVED AS TO SUBSTANCE: Controller Elected Official or Department Head APPROVED AS TO FORM: County Attorney Director of General Services BID NO # B1700124 Page 63 CERTIFICATE OF SUBSTANTIAL COMPLETION PROJECT: Weld County CNG Fuel Site Upgrade described in the Invitation for Bids, Bid No. B1700124. Contractor: Contract For: Weld County CNG Fuel Site Upgrade described in the Invitation for Bids, Bid No. B1700124. Contract Dated: This Certificate of Substantial Completion applies to all Work under the Contract Documents except for the following specified parts thereof: The Work to which this Certificate applies has been inspected by authorized representatives of the Owner, Contractor and Engineer, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on Date of Substantial Completion A list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of the Contractor to complete all the Work in accordance with the Contract Documents. The items in the list shall be completed or corrected by the Contractor within 14 days of the above date of Substantial Completion. To be effective, this form must be signed by the Owner, the Engineer, and the Contractor. Owner: Date: Engineer: Date: Contractor: Date: BID NO # B1700124 Page 64 LIEN WAIVER (GENERAL CONTRACTOR) PROJECT: Weld County CNG Fuel Site Upgrade TO: Weld County Public Works Attn: Elizabeth Relford, Transportation Manager P.O. Box 758 Greeley, Colorado 80632 Gentlemen: For a valuable consideration paid by the Board of County Commissioners of Weld County, the receipt and sufficiency of which is hereby acknowledged, the undersigned hereby, releases unto Weld County and to its heirs, executors, administrators or assigns, all rights of the undersigned to claim a mechanic's lien for material heretofore furnished for use in and for labor heretofore performed upon the construction, alteration, addition to or repair of the structures or improvements described in the Contract Documents as: PROJECT: Weld County CNG Fuel Site Upgrade described in the Invitation for Bids, Bid No. B1700124. Contractor: (If no legal description is shown following the description of Project, we acknowledge that the foregoing is an adequate description of the real properties and improvements inasmuch as the foregoing is the description given in the Contract Documents which govern the performance of the Work for which consideration has been received.) In executing this release, we certify that all claims for labor, or materials, or both, furnished or performed on our behalf by our material suppliers or subcontractors have been paid or that satisfactory arrangement for payment has been made. We agree to defend Weld County from any and all claims on the part of our material suppliers, laborers, employees, servants and agents or subcontractors arising from our Work on the Project, and we further agree to reimburse the Board of County Commissioners of Weld County for any and all costs, including reasonable attorney fees, which they may incur as a result of such claims. Contractor By: Title: Date: STATE OF ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 20_, by My commission expires: Notary Public BID NO # B1700124 Page 65 FINAL LIEN WAIVER (SUBCONTRACTORS) PROJECT: Weld County CNG Fuel Site Upgrade To All Whom It may Concern: WHEREAS, the undersigned has been employed by (A) to furnish labor and materials for (B) work, under a contract (C) for the improvement of the premises described as (D) County of , State of of which is the Owner. NOW, THEREFORE, this day of , 20_, for and in consideration of the sum of (E) Dollars paid simultaneously herewith, the receipt whereof is hereby acknowledged by the undersigned, the undersigned does hereby waive and release any lien rights to, or claim of lien with respect to and on said above described premises, and the improvements thereon, and on the monies or other considerations due or to become due from the Owner, on account of labor, services, material, fixtures, apparatus or machinery heretofore or which may hereafter be furnished by the undersigned to or for the above described premises by virtue of said contract. (SEAL) (Affix Corporate seal here) (SEAL) (F) Title: (Name of sole ownership, corporation or partnership) (Signature of Authorized Representative) INSTRUCTIONS FOR FINAL WAIVER (A) Person or firm with whom you agreed to furnish either labor, or services, or materials, or both. (B) Fill in nature and extent of work; strike the word labor or the word materials if not in your contract. (C) If you have more than one contract on the same premises, describe the contract by number if available, date and extent of work. (D) Furnish an accurate enough description of the improvement and location of the premises so that it can be distinguished from any other property. (E) Amount shown should be the amount actually received and equal to total amount of contract as adjusted. (F) If waiver is for a corporation, corporate name should be used, corporate seal affixed and title of officer signing waiver should be set forth; if waiver is for a partnership, the partnership name should be used, partner should sign and designate himself as partner. BID NO # B1700124 Page 66 NOTICE OF FINAL ACCEPTANCE PROJECT: Weld County CNG Fuel Site Upgrade TO: Date: RE: PROJECT: Weld County CNG Fuel Site Upgrade described in the Bid No. B1700124. This is to inform you that the above referenced job, has been satisfactorily completed in accordance with the Contract Documents and is hereby accepted. Final payment will be made on or about Final acceptance does not relieve the Contractor of the minimum one (1) year guarantee on all work and materials incorporated into this Project. Such guarantee shall begin on the date of this acceptance. By: Elizabeth Relford, Transportation Manager Weld County, Colorado, Owner ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: Dated this day of , 20_. By (Contractor) Title BID NO # B1700124 Page 67 COLORADO DEPARTMENT CONTRACTORS PERFORMANCE CAPABILITY STATEMENT Prefect # 1. List names of partnerships or Joint ventures p none 2. List decreases in the contractors fiscal or workmanship qualifications compared to the last prequalification statement submitted to CDOT. (Attach additional sheets if necessary..) a. Key personnel changes 1] none b. Key equipment changes a none c, Fiscal capability changes (legal actions, etc.) p none d. Other changes that may effect the contractors ability to perform work p none I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND CORRECT TO THE BEST OP MY KNOWLEDGE Contractor's frm or company name By Date The 2nd Contractor's firm or ccmpanyname (if joint venture) By Date The CDOT Farm H05 1192 BID NO # B1700124 Page 68 COLORADO DEPARTMENT OF TRANSPORTATION ASSIGNMENT OF ANTITRUST CLAIMS NO, Contractor and Colorado Department of Transportation (COOT) recognize that in .actual economic practice antitrust violations ultimately impact on CDOT. Therefore, for good cause and as consideration for executing this. contract and for receiving payments hereunder: 1. Contractor hereby irrevocably assigns to COOT any and all claims it may now have or which may hereafter accrue to it under federal or state antitrust laws In connection with the particular project, goods or services purchased or acquired by CDOT pursuant to this contract. 2. Contractor hereby expressly agrees: a. That upon becoming aware that a third party has commenced a civil action asserting on Contractors behalf an antitrust clairnwhich has been assigned to COOT hereunder, Contractor shall immediately advise in writing: (1) SuCh third' party that the antitrust claim has been assigned tto ,COOT, and (2) COOT that such civil action is pending and of the date on which, in accordance with subparagraph a. (1) above, Contractor notified such third party that the antitrust claim had been assigned to COOT; b. To take no action which will in any way diminish the value of the claims or rights assigned or dedicated to COOT hereunder; and o. Promptly to pay over tdDDOT its proper share of any payment under an antitrust claim brought on Contractor's behalf byany third party and which claim has been assigned to COOT hereunder, 3. Further, Contractor agrees that in the event it hires one or more subcontractors to perform any of its duties under the contract, Contractor shall require that each such subcontractor: a. Irrevocably assign to COOT (as a third party beneficiary) any and all claims that such subcontractor may have or which may thereafter accrue tb`the subcontractor under federal or state antitrust laws In connec- tion with any goods or services provided by the subcontractor in carrying out the subcontractor's obliga- tions to Contractor; b. Upon becoming aware that a third party has commenced a civil action on thesubcontractor's behalf asserting an antitrust claim which has been assigned to COOT hereunder, shall immediately advise in writing: (1) Such third party that the antitrust claim has been assigned to CDOT, and (2) Contractor and COOT that such civil action is pending and:of the date on which, in accordance with subparagraph b. (1) above, the subcontractor notified such third party that the antitrust claim had been assigned to COOT; o. Take noaction which will in any way diminish the value of the claims or rights assigned or dedicated to COOT hereunder; and d. Promptly pay over to COOT its proper share of any payment under an antitrust claim brought on the subcontractor's behalf by any third party and which claim has been assigned or dedicated to COOT pursuant hereto. I, acting In my capacity as officer of a bidder (bidders if a joint venture) do agree to the above assignment of antitrust claims. Contradoes lyrnorcompany MVO: By Title 2nd gAMnactor5 tom or WropeO aaG. Of (GIN vertve.i By Title COOT K4rm yp2U BID NO # B1700124 Page 69 July 1,2010 REVISION OF SECTION 106 BUY AMERICA REQUIREMENTS Section 106 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 106.11 and replace with the following: 106.11 Buy America Requirements. All manufacturing processes, including the application of a coating, for all steel and iron products permanently incorporated in the work shall have occurred in the United States of America. All manufacturing processes are defined as "processes required to change the raw ore or scrap metal into the finished, in -place steel or iron product". This requirement will not prevent a minimal use of foreign steel or iron provided the total project delivered cost of all such steel and iron which includes the cost of delivering the steel and iron to the project, does not exceed one -tenth of one percent of the total contract cost or $2,500, whichever is greater. If there is any foreign steel or iron permanently incorporated into the project the Contractor shall provide documentation d the project delivered cost of that foreign steel or iron. The Contractor shall maintain on file certifications that every process, including the application of a coating, performed on steel or iron products either has or has not been carried out in the United States of America. This certification applies to every iron or steel product that requires pre -inspection, pretesting, certified test results, or a certificate of compliance. The Contractor shall obtain such a certification from each supplier, distributor, fabricator, and manufacturer that has handled each steel or iron product. These certifications shall create a chain of custody trail that includes every supplier, distributor, fabricator, and manufacturer that handles the steel or iron product. The lack of these certifications will be justification for rejection of the steel or iron product. The State, FI-IWA, and their representatives shall be allowed access to this documentation upon request. Prior to the permanent incorporation into the:, project of steel or iron products the Contractor shall certify in writing that the documentation is an file and the steel or iron products are in compliance with this requirement. 70 PLEASE READ THIS PARAGRAPH AND CHECK THE BOX BELOW: RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. I Date: 8/18/1 7 Addendum No. Date: By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #61700124 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 Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 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. The bid(s) may be awarded to more than one vendor. FIRM 1,froming !Oril.tar Inuorprwated gymenxll0,! OMR* Kb.",enwcwic. 41 Cali,.,,,,,; BY BUSINESS ADDRESS 1090 Evans Road Mitchell W. Pratt cot Met & coryn eta (Please print) DATE August 28. 2017 CITY, STATE, ZIP CODE Evanston, WY 82930 TELEPHONE NO I -47°0 ' (307) 789-8062 TAX ID # 87-0532624 SIGNATURE E-MAIL Ashby. M+ ort(4cleanenerfiyfuels.corn WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT N ED TO SEND BACK PAGES 1 -13. BID NO*81700124 81700124 Page 19 PRICING Complete the cost proposals below to perform design, construction, and maintenance services ("turnkey" operation) for the Weld County CNG fueling station upgrade as specified in this Bid Package, Plans and Specifications. Enter a cost for each item that would include "full installation" of that specific component. If a particular item does not apply, place N/A in the corresponding column. If the "Other" row is used to capture any remaining costs, describe these items along with associated costs. Item Costs_ Design $ 136,300.00 Site Work $ 150,000.00 ATMOS Gas Line Extension $815,105.00 Electrical Upgrade (XCEL Contingency) $100,000.00 Compressor #1 (with installation) $ 276,350,00 Compressor #2 (with installation) $ 276,350,00 Gas Dryer System (with installation) $ 30,000,00 Priority Panel & controls (with installation) $ 33,650.00 CNG Storage Vessels (as required) $ N/A Electrical $ N/A Dispenser #1 (with installation) $ 55,000.00 Dispenser #2 (with installation) 55,000.00 Dispenser #3 (with installation) $ N/A Dispenser #4 (with installation) $ N/A Dispenser #5 (with installation) $ N/A Fuel Management (GasBoy) $ 5,000.00 Electrical $ 162.500.00 Plumbing/Piping $ 67,500.00 Other (Describe) Commissioning $ 33,000.00 TURN -KEY BID TOTAL $2,215,755,00 DOES THIS BID MEET OUR SPECIFICATIONS? YES X NO Per Addendum 1, Wyoming Norlhslees bid is our heel alternalie'e solution ***We need signed copy on file. ThiInk You! Wyoming Norlhstar Incorporated registered to do business as Clean Energy Crogenics in Colorado Addendum received by: FIRM 1600 Union Road ADDRESS Evanston, WY 82930 CITY AND STATE Mitchell W. Pratt to/la—eV-- BY Chief Operating Officer & Corporate Secretary TITLE August 18, 2017 1600 Union Road Evanston, WY 82930 307,313,4790 I Fax 307,789.8062 www,n th August 30, 2017 Toby Taylor Weld County Department of Building & Grounds 1105 H Street P.O. Box 758 Greeley, CO 80632 Re: Weld County Department of Public Works RFB No. B1700124 Dear Mr. Taylor: The enclosed proposal responds to your request for upgrading Weld County's (County) CNG fuel site in Greeley, CO. Our proposal addresses your need for an upgrade to your fuel site. Further, our internal grants department members as well as engineering and construction team have experience with Buy America and CMAQ funded projects. We have provided natural gas fueling services to many municipalities across the nation, so we are both knowledgeable and prepared to provide the same high level of service to help Weld County reach your goals for this project. You will see in this proposal that we have the infrastructure, personnel, qualifications and financial backing to offer you unparalleled services. Sincerely, Nada Zf/ Pure Mitchell W. Pratt Chief Operating Officer & Corporate Secretary North America's leader in clean transportation A. OUR EXPERIENCE AND QUALIFICATIONS B. REFERENCES C. PROJECT UNDERSTANDING AND APPROACH D. CNG DESIGN/BUILD PROJECT EXPERIENCE E. PROJECT SCHEDULE F. ELIGIBILITY TO PARTICIPATE G. PROPOSAL COST AND COST EFFECTIVENESS H. QUALITY AND COMPLETENESS OF THE PROPOSAL I. FIRM'S STABILITY J. ADHERENCE TO SUBMISSION REQUIREMENTS APPENDICES 3 4 6 10 11 12 13 14 15 16 17 A. Our Experience and Qualifications About Wyoming NorthStar Wyoming Northstar has over 20 years' experience with providing over 150 reliable LNG and LCNG fueling stations in North America and many other countries throughout the world. In the last several years we have expanded our services to designing/building and upgrading CNG fueling stations solutions for public and private customers. Our services include designing, building, operating and maintaining time -fill and fast -fill CNG, LNG and LCNG combination fueling stations Key Team Members We have assigned the below team of natural gas experts to implement the County CNG site upgrade. Don Donaldson will oversee the design, management, installation, and construction. Mr. Donaldson has more than 24 years' experience within the natural gas for transportation industry. He is a seasoned executive with experience in designing, building and operating CNG fueling stations. Mr. Donaldson has been responsible for developing teams to successfully complete construction projects according to the specifications of the customer's requirements. His management work resulted in stations being built on schedule, within budget, and adherence to bid specifications and industry best practices. Rich Remillard, PE will oversee the design process for the County's project. He is responsible for the development of 30% design drawings, as well as review and approval of the completed design drawings. Mr. Remillard is the engineer of record for the design of mechanical and electrical portions of CNG and LNG stations. He is a registered professional mechanical and electrical engineer in 48 states including Colorado and has more than 25 years of professional experience with the design of CNG and LNG fueling facilities, having engineered more than 100 throughout the US. Shane Rees will be the project manager that oversees the construction of your CNG station upgrade and be the primary contact for the County. He will bring his knowledge of designing and permitting more than 50 natural gas projects across the US to ensure that your station is a safe and reliable fueling facility. Mr. Rees has experience with complex environmental projects, CNG, and LNG facilities. Ashby McCort will assist with the design of the County's CNG site upgrade, and coordinate with equipment suppliers to ensure compliance with bid requirements and the equipment layout. He will incorporate the industries best practices for your site upgrade by using his knowledge and experience from designing and permitting more than 75 natural gas projects across the US. Wyoming NorthStar, Inc. Weld County Department of Public Works Weld County CNG Fuel Site Upgrade B. References We encourage you to contact any of our clients listed below and will be happy to provide additional references at your request. City of Grand Junction In 2016, Wyoming Northstar was selected to build the City of Grand Junction CNG station to serve its fleet of 38 CNG transit buses and other light duty vehicles. We constructed the station for both fast fill and time fill systems which will allow the city future CNG program expansions. Sector: Municipal, Transit Station Type: CNG Services: Design and Build Contact: James Stavast, Facilities Supervisor jamesst gicity, rq I (970) 244-1569 City of Phoenix In 2014, Caliente Construction selected Wyoming Northstar to add LCNG equipment to the existing station to support City of Phoenix's growing transit fleet. Caliente selected NorthStar because we built the original station for the City of Phoenix. Sector: Municipal, Transit Station Type: LCNG Services: Build Contact: Eric Bergman, Project Manager Caliente Construction ebergman@calienteconstruction.com I (480) 894-5500 Waste Management In 2015, Waste Management selected Wyoming Northstar to design and build a LCNG station to serve its fleet of refuse trucks. We constructed the mechanical and electrical portion of this new station. Sector: Refuse Station Type: LCNG Wyorning NorthStar, Inc. Weld County Department of Public Works Weld County CNG Fuel Site Upgrade -4- Services: Design and Build Contact: Chip Wertz, Director, Fleet Facility Infrastructure (713) 512-6200 Clean Energy In 2016, Clean Energy selected Wyoming Northstar to build the CNG addition to the existing Salt Lake City UT station to support CNG customers in the area. Sector: Public Station Type: CNG Services: Build Contact: Marty Swartz, VP Engineering & Construction marty.swartz@cleanenergyfuels.com I (949) 437-9002 Wyoming NorthStar, Inc. Weld County Department of Public Works Weld County CNG Fuel Site Upgrade .5. C. Project Understanding and Approach Weld County requires a fast -fill CNG station to fuel a combination of heavy duty (HD) and light duty (LD) vehicles. Our proposed station design and implementation plan addresses your specific needs including: • Weld County Fueling Demands: The station will fuel 12 HD vehicles during a daily specified 2 -hour fueling window. The station will use a priority control methodology to maximize the available natural gas throughput and storage capacity to minimize fueling time. In addition, the station will have the capacity to fuel your 90 LD vehicles throughout the day. • Future Fueling Requirements: Our station will include the required tie-in point for additions. Station Design Description Our recommended station utilizes the maximum gas throughput available from ATMOS. Station Specifications Description RFP Requirement. Our Proposed Solution 1. Fuel Weld County's 12 HD Vehicles (120 GGEs per Vehicle) Total of 1,440 GGEs in 2 hours window CNG Delivered from Compressors 848 GGEs* CNG Delivered from 5 Storage Vessels 110 GGEs** Total CNG Delivered in 2 hrs 958 GGEs*** 2. Proposed Fueling Solution Capacity 2 -hour fueling Fuel 12 vehicles an average of 80 GGEs per fill window (industry standard for refueling) 3. Storage Recovery Time Refill CNG Storage 27.18 minutes**** in 4 hours (Fulfill RFP Requirement) *Limited by inlet gas supply from ATMOS, 70 psi 53mcfh (883scfm) **Gas capacity based on all CNG storage vessels are filled to 4,200 psi prior to fueling and an estimated 25% utilization in a buffer configuration. ***Additional 68 minutes required fuel window to fuel all 12 vehicles that are 100% depleted. ****Time required for compressors to refill all 25% utilization capacity of CNG Storage, 110 GGEs (13,806 scf). NORTHSTAR. INC Wyoming NorthStar, Inc. Weld County Department of Public Works Weld County CNG Fuel Site Upgrade Operational Description Due to the limitations of available natural gas supply from ATMOS our proposed CNG system with the existing storage capacity is able to deliver 958 GGEs of the required 1,440 GGEs in the specified 2 -hour window. An additional 68 minutes would be required beyond the two hours to finish fueling all 1,440 GGEs. Without upgrading the gas utility the only option to ultimately achieve the desired volume would be to add significant CNG storage capacity, see optional additional storage below. Wyoming Northstar's proposed compressors and buffer storage system will fill 12 HD vehicles during a specified time window by using a lock out programming methodology. Our approach is to program the CNG system to prioritize fueling only to the two new CNG dispensers designated for the HD vehicles during the peak fueling window. We will prioritize the active fueling nozzles on a first in, first out basis. Our lock out programming methodology will eliminate the dwell time between vehicle fueling events, minimize the total time required to fill all 12 HD vehicles, and minimize the wait time of any two vehicles for receiving a complete fill. Optional Additional Storage: With a 25% utilization of CNG storage at 4,200 psi each storage vessel could provide an additional 22 GGEs, equivalent to a decrease in the fueling window of 3.15 minutes per added vessel. Based on these calculations and station assumptions an estimated 22 more storage vessels would be required to fill in the 120 minute window. Our analysis is that the estimated costs and recovery time for this amount of storage vastly outweigh the benefits for purchasing this additional storage. CNG Station Layout Wyoming NorthStar's approach will begin with removing all unnecessary existing station equipment and move this equipment the County's specified storage location. This will include removal and relocation of the following: (2) ANGI NGE50 compressor units, (1) ANGI cascade priority panel and (1) XEBEC NGX dryer. The new station design will also require a partial decommissioning of the main disconnect/switch board and relocating it to accommodate the (2) new J -W Power compressors. Construction of the new CNG station will require constructing two new concrete pads, one for the new proposed compressors and the other for the electrical controls and switchgear. To minimize the impact on construction, we plan to reuse the existing concrete equipment pad and its surrounding bollards. This existing pad will serve as the foundation for the (5) existing storage vessels, the proposed PSB dryer, and the Wyoming NorthStar, Inc. C, Weld County Department of Public Works Weld County CNG Fuel Site Upgrade .7. Wyoming Northstar priority flow valve assembly. Other construction items will include the two proposed dispenser islands and bollards, trenching for utilities and to connecting all CNG equipment both mechanically and electrically. Equipment The following equipment will provide the optimum output for the County's station as limited by ATMOS' gas supply line limitations. CNG Equipment Summary Equipment I Compressor Gas Storage (Existing) Dryer PSB NG-SR-10-3 with manual regen Specifications Key Advantages I Qty 2 —J-W Power CNG225O-4Q-C1 250 HP Compressors, 4.432 GGE/min each (8.144 GGE/min total) @ 70 psi inlet and 214 HP each ( 1 Priority Flow Valve I Assembly Fleet Fast -fill ( Dispensers Qty 3 — CPI 20" diameter x 23' long storage bottles Qty 2 — J -W Power storage spheres Total Capacity: 412 GGE of CNG Storage @ 4,200 psi. Prioritize flow in a CNG buffer storage system Tulsa Gas Technologies dual hose fleet dispenser • Buy America Compliant • Wide Inlet Gas Range • Industry standard • Industry standard • Stackable design Programmable control Simplified Design • Simplified Maintenance • Buffer style fueling • Provides opposite side fueling Assumptions: 1. Gas supply from utility is limited to an inlet pressure of 70 psig, and flow capacity of 53mcfh (883scfm). 2. Gas utilization of CNG storage is 25% and CNG storage is filled to 4,200 psi prior to fueling HD trucks. 3. HD truck fueling pattern will be back to back during the specified fueling window. 4. Assuming existing soils quality are adequate for structural earthwork subgrade designs. Wyoming Northstar, Inc. Weld County Department of Public Works Weld County CNG Fuel Site Upgrade 5. Soil disposal will be performed at owner's expense. 6. Notice to proceed will be issued after all contracts are agreed to. 7. Our schedule is based on timely responses from the County for approval to all submissions. Wyoming NorthStar, Inc. Weld County Department of Public Works Weld County CNG Fuel Site Upgrade -9- D. CNG Design/Build Project Experience Wyoming Northstar has provided a partial list of designed/built/upgraded LCNG stations. Please refer to Appendix I for a list of our station project experience. In addition, we have included a partial list of similar municipal partnerships across the US to whom Clean Energy, our affiliate company, is currently providing services ranging from design -build, operations, maintenance, and retail and marketing. Municipal City. of Burbank Two Locations .CA __ Partnerships S_ityof Mesa, AZ City of Chula Vista, CA State of Arizona City of Glendale, CA City of College Park, GA City of Irvine, CA City of Lexington, KY City of Lon . Beach (Two Locations), CA City_of Kansas City, MO City of Oakland, CA City of Columbia, MO.- City of Seal Beach, CA Cape May County, NJ County of Los Angeles (Three Locations Atlantic Coun Utilities Authori NJ City of Newport Beach, CA City of Atlantic NJ City of Montebello, CA Town of Bi ofh8u1, NY I City of Fresno, CA Town of Smithtown, NY_, City of Arlington, TX Town of Huntington, NY Town of Islip NY City of Dallas, TX (Two Locations) Citypt Irving, TX State of New York 11Locationst City of San Antonio, TX Lancaster County, PA Solid Waste Management Authority City of Tucson AZ Centre County Recycling & Refuse Authority PA a City of Norwalk, CA Commonwealth of Virginia Wyoming NorthStar, Inc. Weld County Department of Public Works Weld County CNG Fuel Site Upgrade -10- E. Project Schedule We have developed a schedule that minimizes operational impacts to the County while taking advantage of lead times required for the owner supplied electric service. Our proposed project schedule meets your desired deadlines and ensures proper grant closeout timeline. While this detailed schedule includes all major tasks and milestones, it was prepared in an edited format in order to provide a level of clarity and readability. Project Schedule Milestone Completion Date Notice to Proceed (NTP) i September 28, 2017 Release ATMOS Construction 60% Design Drawings Dispensers Submittal for Approval Compressors Submittal for approval NLT October 5, 2017 December 5, 2017 October 31, 2017 October 31, 2017 Station 90% Design Drawings For Permit Submittal January 31, 2018 Final District Design Approval February 5, 2018 Permit Package Submittal I February 12, 2018 Permits Issued CNG Equipment long lead Ready to Ship (20 weeks from equipment submittal approval) Construction Begins Substantial Completion March 19, 2018 _________ March 10, 2018 March 10, 2018 - Station Commissioned June 1, 2018 Final Completion June 30, 2018 Final Deliverables for CNG Station Acceptance June 30, 2018 NORTYSTAR. INC Wyoming NorthStar, Inc. Weld County Department of Public Works Weld County CNG Fuel Site Upgrade -11- F. Eligibility to Participate Wyoming Northstar is eligible to participate in Federal, State and County funded projects. NORj'l1S,T.R, Svc. Wyoming NorthStar, Inc. Weld County Department of Public Works Weld County CNG Fuel Site Upgrade -12- G. Proposal Cost and Cost Effectiveness Wyoming Northstar has the understanding and knowledge to comply with a CMAQ grant funded project and we have the ability to track and provide all necessary data required to comply with the CMAQ program. Our project manager will work together with our grant department to ensure efficient monetary stewardship of the CMAQ program and administer compliance with CMAQ. Our Grant Department which has worked for many years to obtain federal, state and local grants for NGV and station projects —with more than $378 million in funding awarded. This department currently supports more than 122 natural gas station construction and vehicle deployment projects funded by state and federal programs, including Congestion Mitigation and Air Quality (CMAQ, the Department of Energy, and others. Our Grant Department will support the County's project during all phases —from grant application development to project implementation, including contract execution, data collection and reporting. We have the data collection, recordkeeping and financial compliance systems in place to meet all applicable federal standards and requirements. Wyoming NorthStar, Inc. INC. Weld County Department of Public Works Weld County CNG Fuel Site Upgrade -13- H. Quality and Completeness of the Proposal Our proposal meets the County's bid requirements and includes: • Upgrade site solution • Ability to meet Buy America, federal and CMAQ requirements • Complete proposal consisting of Experience/Qualifications items A -J as well as bidding requirements A -B4 as stated on page 17 of your bid documents. Wyoming NorthStar, Inc. Weld County Department of Public Works Weld County CNG Fuel Site Upgrade -14- I. Firm's Stability By awarding this contract to Wyoming Northstar, the County will secure a stable project partner. We have assigned CNG and natural gas experts with engineering, construction and grant administration experience to work on your project. Further, we have helped private and public customers implement their CNG and LNG projects for over 20 years. NORmSrAR INC, Wyoming NorthStar, Inc. Weld County Department of Public Works Weld County CNG Fuel Site Upgrade -15- J. Adherence to Submission Requirements Our proposal fully adheres to your submission requirement. Wyoming NorthStar, Inc. Weld County Department of Public Works Weld County CNG Fuel Site Upgrade -16- Appendices Appendix 1 NorthStar LCNG station list Appendix 2 Site layout Appendix 3 Cutsheets Appendix 4 Bid Proposal Appendix 5 Bid Schedule Appendix 6 Bid Bond Appendix 7 IRS Form W-9 Appendix 8 Anti -Collusion Affidavit (CDOT Form #606) Appendix 9 Bidders List (CDOT Form #1413) Appendix 10 Anticipated DBE Participation Plan (CDOT Form #1414) Appendix 11 Evidence of Authority to Sign — Redacted Corporate Resolution Appendix 12 Price Form and Addendum Acknowledgement Wyoming NorthStar, Inc. Weld County Department of Public Works Weld County CNG Fuel Site Upgrade -17- Appendix 1: NorthStar LONG Station List Completion Date/Operating Since Clean Energy Waste Management Waste Management City of Bakersfield Flying J Baytown, TX Castroville, CA El Cajon, CA Bakersfield, CA Salt Lake City, UT Speedy Fuels City of Commerce, CA Enviro Express Waste Management Bridgeport, CT Long Beach, CA LNG fueling station Turnkey LCNG fueling station Removed existing 4 LNG dispensers and installed 2 new LNG dispenses and 2 new CNG dispensers with a complete LCNG system, and also installed a complete new PLC control system (2) 15 gpm LCNG pumps I,! with (2) CNG dispensers (2) 15 gpm LCNG pumps with (2) CNG dispensers LNG/LCNG Fueling Station (2) 8 gpm LCNG pumps with (2) CNG dispensers Installed a LNG/LCNG public access fueling (2) 15 gpm LCNG pumps station, with plenty of room for future expansion LNG fueling'station with 4 dispensers LNG/LCNG fueling station Added 2 CNG dispensers and a LCNG system to an existing LNG station with (2) CNG dispensers (1) 8 gpm LCNG pump with (1) CNG dispenser (2) 15 gpm LCNG pumps with (2) CNG dispensers July 2011 June 2011 May 2011 May 2011 March 2011 January 2011 December 2010 November 2010 Wyoming NorthStar, Weld County Department of Public Works Weld County CNG Fuel Site Upgrade Waste Management € Speedy Fuels City of Fresno Oakland, CA Long Beach, CA Fresno, CA Added 2 CNG dispensers and a LCNG system to an existing LNG station Designed and installed a 2 dispenser LNG fueling station Installed a second LNG storage tank and a second LNG dispenser to an existing LNG fueling facility Linde/Waste Altamont, CA Installed three LNG storage tanks and a Management 3 truck loading system for a landfill gas liquefier system City of Long Beach City of Phoenix Prometheus Energy Sun Metro City of Phoenix 4 Phoenix, AZ Long Beach, CA I Installed a second storage tank LNG dispenser to an existing LNG station (2) 15 gpm LCNG pumps October 2010 with (2) CNG dispensers N/A N/A N/A May 2010 January 2010 September 2009 July 2008 Installed a third tank, new pumps, piping, (1) 4 gpm LCNG with (1) May 2008 LNG dispensers, and controls I CNG dispenser Lisbon Valley, UT I Constructed an LNG liquefier storage and offload facility El Paso, TX Clean Energy Carson, CA Installed new LNG boost pumps, LCNG pumps, LCNG vaporizers, controls, and CNG dispensers Constructed a new LNG station with two 30,000 gallon tanks and 4 LNG dispensers Refurbished and reinstalled two LNG stations, each with 1 tank and 2 LNG dispensers and all new piping and controls N/A April 2008 (3) 8 gpm LCNG pumps with (2) CNG dispensers January 2008 N/A t January 2008 N/A January 2008 Wyoming NorthStar, Inc. Weld County Department of Public Works Weld County CNG Fuel Site Upgrade Clean Energy CR&R Waste County of Sacramento Mesa, AZ San Juan Capistrano, CA Constructed a new LNG station with a horizontal tank and one LNG dispenser Constructed a new LNG station with 2 LNG dispensers Sacramento, CA Constructed a new LNG station with 2 LNG dispensers Sysco Foods Walnut, C A Constructed a new LNG station with 2 LNG dispensers N/A N/A N/A N/A City of Santa Monica I Korea Gas Maintenance Taormina '.- Industries Santa Monica, CA{ Constructed a new LNG/LCNG station with two 30,000 gallon tanks, 2 LNG dispensers, and 2 LCNG dispensers (2) 4 gpm LCNG pumps with (2) CNG dispensers Daejeon, South Korea Supplied LNG and LCNG equipment and controls for a new fueling station with 1 LNG dispenser and 4 LCNG dispensers Anaheim, CA (2) 15 gpm LCNG pumps with (2) CNG dispensers April 2005 June 2004 May 2004 March 2004 February 2004 January 2004 Constructed a new LNG/LCNG station with 2 LNG dispensers and 1 LCNG dispenser (1) 8 gpm LCNG pump with (1) CNG dispenser City of Redlands Redlands, CA City of Bakersfield Constructed a new LNG/LCNG station with 2 LNG dispensers and 2 LCNG dispensers (1) 8 gpm LCNG pump with (2) CNG dispensers July 2003 June 2003 Bakersfield, CA Constructed a new LNG station with a horizontal tank and 1 LNG dispenser Waste Management Oakland, CA Constructed a LNG station with 1 LNG dispenser (1) 4 gpm LCNG with (1) CNG dispenser N/A May 2003 March 2003 Wyoming NorthStar, Inc, Weld County Department of Public Works Weld County CNG Fuel Site Upgrade Omnitrans Omnitrans Waste Baldwin Park, CAI Management Waste Management P I Waste Management Waste Management Carson, CA Palmdale, CA Fresno, CA Constructed a LNG station with 1 LNG dispenser Constructed a LNG station with 1 LNG dispenser Constructed a LNG station with 1 LNG dispenser Constructed a LNG station with 1 LNG dispenser Riverside County f Riverside, CA Constructed a LNG station with 1 LNG dispenser Montclair, CA f Constructed a LCNG station with 2 LCNG pumps and 2 LCNG dispensers San Bernardino, CA Sun Metro National Park Service Constructed a LCNG station with two 30,000 gal Ion horizontal tanks, 3 LCNG pumps, and 2 LCNG dispensers Constructed and installed new LNG and LCNG process equipment Constructed a new LNG/LCNG station with a single 2 -hose LNG dispenser and two 2 - hose LCNG dispensers N/A N/A N/A N/A N/A January 2003 November 2002 October 2002 July 2002 July 2002 (1) CNG dispenser with a May 2002 single 8 pgm LCNG pump (2) CNG dispensers with January 2002 a single 8 pgm LCNG pump (1) CNG dispenser with a single 8 pgm LCNG pump - May 2002 (2) CNG dispensers with January 2002 a single 8 pgm LCNG pump Wyoming NorthStar, Inc. Weld County Department of Public Works Weld County CNG Fuel Site Upgrade City of Tulare Tulare, CA Constructed a new LNG/station with a single 2 -hose LNG dispenser and a single CNG dispenser (1) CNG dispenser with a single 8 pgm LCNG pump Pickens Fuel Corp. Thousand Palms, CA LCNG station Pickens Fuel Corp, Corona, CA LNG station with a single LNG dispenser N/A N/A May 2001 June 2001 September 2000 Wyoming NorthStar, Inc, Weld County Department of Public Works Weld County CNG Fuel Site Upgrade Appendix 2: Site Layout AGED 1`Vii SE" 3ACk RL-OU:REMEN''SS, AND Tr) P'V4:'ie: ER:cii:°•,';. CONCEPT LAYOUT -1 3 OF3 CONCEIT LAYOUT -1 (Q ItareAeCADE JLUN:G rgiCkETY PANg fria BE'IRENAMFt wC-1 2 OF 3 Appendix 3: Cutsheets 353......SIZ€ SEE TABLE A NPT KFT 0,, 8 t$E UI1 Er 54 1:2' Dos . UNIT COMPONENT WEIGHTS COMPONENT WEIGHT IN LBS. 27 IP2ASCO <5.-;),',5-S5004, PIP. SKID FOOTPRINT J dal NOTE: 1. COMPRESSOR PACKAGE MUST BE EARTH GROUNDED, MINIMUM 2 PLACES_ 2. TYPICAL DOOR SWING: 30" ISO 0z -E' .,a B5NIPPIN� CUOLING AIR DISCHARGE AP SEE SHEETS FCR SKID FOOTPRINT 12 TABLE A. CATALOG NO ,* GAS RILE 4' 1504 RF RE J -W POWER COMPANY FOR REFERENCE ONLY Issued for J -W Unit 7351 2/7/2017 mtlouse DT POWER COMPANY LONGVIEW, TEXAS, USA C2000 SERIES CNG COMPRESSOR INSTALLATION SHT 1 O,' J -W POWER COMPANY FOR REFERENCE ONLY Issued for J -W Unit 7351 2/7/2017 mnouse NOTE: EQUIPMENT SHOWN FOR REFERENCE ONLY - CUSTOMER'S CONFIGURATION MAY VARY V Noe osamilie .41-1/311,14- SPAW:11figla StLXAl POWER COMPANY LONGVIEW, TEXAS, USA _ EQUE OA 0" SKID FOOTPRINT VIEW is FROM OUR CF SKIS LOOKING SOWN CONCRETE FA) WNH ANCHOR BOLTS REQUIRES tANCHOR BOLTS MUST BE INSTALLED IN CONCRETE BEFORE UNIT IS SET) NOTE: 1. COMPRESSOR P*ZtWGE ML TitE EARTH GROUNDED, MITI `-I ' -.2 F4I 4 BUTTON oFrip SECTION A•A SCALE 1:4 (6) PLCS pTIIMEN -rte. �O Tarr j,a)MS ( DUST 'EN z z scR'5 Sz'4 n' ANCHOR 00:.TS (CUSTOMER PCVv Uc0) UST_1MER PROVIEEG) VU 36r H EEx4040.0) .50 PLACEMENT TOLERANCE J -W POWER COMPANY FOR REFERENCE ONLY Issued for J -W Unit 7351 2/7/2017 mhouse POWER COMPANY LONGVIEW, TEXAS, USA C2000 SERIES CNG COMPRESSOR INSTALLATION WEISPI __( O G uFTING GRACE TEE J -W POWER COMPANY FOR REFERENCE ONLY Issued for J -W Unit 7351 2/7/2017 mhouse 42 AO. EE CCC 2260.3Q4'.¢ TO 7A6LE A JOi0FCi 3% 14 CA FAI P CO b: -.:ISSUE' OP C2000 SERIES CNG COMPRESSOR INSTALLATION Y TN'SGF.b 0&g: bATE 302.12_ ;SCALE' i 1 NG-SRI NG-SRD I NG-EV I NG-SV I NGR MADE U.S.A. 1. tern IN alb re e a CT ustries T ea M 0 IA ass law ism • O X04 y.. •r144P ;'J'"a°4"'^'��. '.may m ° ♦ i i✓s `.x ''C". „� +e•e H cd •t, of 8 t .y. � C..°ga'. . -• ' . =cc .""' • °=«'S5'•.•c. �1 rA . 4L 'tT; •Cl ,L'a �.7i • e.In • ea a .. .; __ '..✓ .�._:'�JYi+Z� .. . mtt.e. ♦ II.V +a Y • 6j'u. ' a "3 •• ' +dSY IL• r8 .1 bwll.A!)! �' v • � a �:�� n F,.-� �a `v9M. ._�• a E'3 a • A ,;;;d1,0:1 LP a°A 4' 3., P P a: 9 ilia - G f• , PSB Industries Inca, General Air Division, specializes in the Design and Fabrication of compressed air, gas. and liquid dehydration and purification systems. Our standard and custom packaged systems remove moisture and contaminants from process streams. Adsorption technologies utilizing activated alumina. molecular sieve. activated carbon, and other selective adsorbents are employed to dehydrate, treat. and purify the fluid stream to the required exit specification. Catalyst systems are also designed and often incorporated within adsorption packages for purification. PSG units are installed worldwide and currently serve the Air separation, Chemical! Petrochemical, Refining, Fuel Gas, and Electronics markets. PSB fabrication capabilities and quality of packaged systems are unmatched, Vessels, piping! structural, control panels° sandblasting, painting! instrumentation, insulation, testing. etc are completed under "one roof" to closely' monitor and quickly react to scope changes. PSB "NG" series dryers are specifically designed for natural gas fueling stations and are available in wide range of single vessel or dual vessel saes and configurations to suit each application. As gas supple pressure varies. PSB's typical dryer pressure options range from 200 to 1525 psig maximum working pressures. The dryers are designed and manufactured in Ere. Pennsylvania, USA with certified quality system meetin ISO 9001:2008 • Snow Intertek ,MADE IN USA. •♦'Y.'+°•. vaaz=AM cZ4NHS+otw 1313,3. .. ISO 9001:2008 CERTIFIED www.psbindustries.com/about-us.php Single Vessel Manual Regeneration PSB type NG-SR is an ideal system for drying small to medium volumes of natural gas for stations with intermittent use. Each unit is conservatively sized to remove moisture from gas upstream of the natural gas compressor(s). When the initial charge of desiccant has reached maximum drying capacity, it can be regenerated manually with the operator initiated, external regeneration package. A "DDP" Digital Dew Point Meter is provided to indicate the effluent dew point, confirming performance, and need for regeneration. PSB's standard package includes factory fit pre filter for removing dirt/aerosols and after filter for removing desiccant dust. Flow Diagram: PSB Model NG-SR-5.0-1 5 NG-SR-6.5-2 NG-SR-10-2 NG-SR-10-3 NG-SR-15-3 NG-SR-15-4 NG-SR-21-3 NG-SR-21-4 NG-SR-21-6 NG-SR-30-6 NG-SR-42-6 NG-SR-42-8 (1) MMSCF Capacity @ 7 lb. H20/MMSCF 5.9 6.5 Dryer Design Features: Adsorber vessel designed, manufactured and stamped per ASME coded Section VIII. Alternatives available. • Piping designed per ASME B31.3 • NEMA/ NEC electrical construction standard • Closed -loop regeneration of the molecular sieve adsorbent • Three valve block and bypass piping arrangement for isolation of the dryer • Pre filter and after filter complete with differential pressure indicators • Insulated adsorber vessel and electric heater for heat conservation Incoloy sheath low watt density flanged immersion type electric heater Flow Capacity SCFM @ PSIG 20/100 Process Connections Inches Dimensions Inches L W H Package Weight lbs 145 / 510 240 / 765 1:5 FLG 2r. FLG 104 68 103 104 68 100 3,780 3,900 10 . 240 / 820 2 FLG l 104 . 68 107 4,000 __ 10 525 / 1,375 3 FLG 104 68 112 4,500 15 525 / 1,400 3 FLG . 104 , 68 109 5,200 15 615 /_2160 525 / 1,700 900 / 2,300 4 FLG 104 132 68 88 109 97 7,000 6.520 21 3 FLG 21 21 1,900 / 2,500 2200 / 4,200 2,500 / 5,000 4000 / 7,800 4 FLG 6 FLG 6 FLG 132 132 88 88 97 104 7,500 7,900 8,810 30 42 132 '162 168 88 122 6 FLG 105 120 141 146 14,500 15,500 42 1) See Page 4 Capacity Multiplier Chart www.psbindustries.com/ngv/ FLG *See NG-SR/SRD bulletin for more details. Information subject to updates. uat Vesse- £. Manua Regeneration NG-SRD is the dual vessel version allowing for continuous drying. While one vessel is drying the other can be manually regenerated without interrupting the drying flow. Dual tower option is "NG-SRD-XX" Typical options equivalent with NG-SR. now Diagram: Dryer Design Features: Dual vessel design manufactured and stamped per ASME code Section VIII. Alternatives available. ;t. Piping designed per ASME B31.3. * NEMA/ NEC electrical construction standard. Closed -loop regeneration of the molecular sieve adsorbent. Pre filter and after filter complete with differential pressure indicators. Insulated adsorber vessels and electric heater for heat conservation. Incoloy sheath low watt density flanged immersion type electric heater. PSB Model NG-SRD-e.5-2 N G-SRD 10-3 NG-SRD-1-3 NG-SRD-15-4 NG:-SRC-21-4 NG-SRO 30,.6 NG-SRD /38-6 NG-SRD-42-8 NG-SRD-50-8 NG-SRC-b4-8 NG-SPD 7S 8 1 1MMSCF Capacity ( 7 lb H::'OI'MMSCF 6.5 15 A- -21 30 42 50 Flow Capacity SCFM [ j PSIG 20/100 24.0/765 5261 1,376 525 11,400 61512;160 900 12,-300 200 i_ 4.200 2500 /5,000 Process Connections inches 2 --FL - Dimensions Inches w 1201 3 FLG 15 J2 72 .. _102. 3 FLG 1810 4,,CIO0 r" ?MQC t t Factory 4 FLG 4 FLG 6 FLG $ FL \ 8FLo FLG 19.' 19?. 75 ..Coritac[ Fitter." . a:F LG 8 Package Weight lbs 9301.. Inutel 8 1 15 238 24₹ _O 254_ . 1 20 10 122131)0 14:1' 19300'0 143 21.1000 144 L 2:000 1 r (1) Capacity multiplier for moisture contents other than 7 lb H201M1 M F for type SV, SR and SRD models_ Example: Capacity of model N -SR- a -2 with actual inlet natural gas with 10 lb. 1-120/MMSCF Multiply model # (which is dryer capacity) 6.5 MMSCP x 0.7 (multiplier) = 4 55 MMSCF new capacity Actual lb He aMMSCF Multiplier 2 y y 4 iC,PeT.KS^.zcCryatgTt.>A[la:Rlei @+ole..e-.rr.^r _•,,:C•r,Yi1N+v.-�.... ..- ..&:Aa -"- ac:4 !o L.::: C-CPC'r'^r: r -+eta -r`.•( rte' ^?=i::trrs.� .r Yd £.. e 9i� a¢� ��-v 4�n'ivf.t. , —� : 7 110 15 1 20 1 30 SSi'A.tT.t...•P /.JF.C4.OVn� 2.27 td3' 1.49 1..25 1.11 j 1.0 0.7 0.5 0.39 ...- _ __._.... eletsermmass www.psbindustries.com/ngv/ -'aean'W:ay..:'m+.wi'2li�< xarx,rnsr.;.>xr�i��+:.aarcia, 0.30 c.wit.^+ v,pacctor YYw.if%X.Anso.9':4'ziarePa. ;rtzarnL 1W>.reentivAImui See NG-SR/SRD bulletin for more details. Information subject to updates. Dual Vessel. Fully Automatic Regeneration PSB type NG-EV is an ideal system for drying medium to large volumes of natural gas for stations with continuous use. Each unit is conservatively sized to remove moisture from gas upstream the natural gas compressor(s). Continuous operation is assumed with the dual vessel design. While one vessel is on stream drying, the other vessel is regenerating or in standby mode and ready to be placed back on stream. "DDP" Digital Dew Point Meter is provided to indicate the effluent dew point, confirming performance. PSB's standard package includes factory fit pre filter for removing dirt/aerosols and after filter for removing desiccant dust. Flow Diagram: MMSCF Capacity @ 7 lb. i-` O,iiviMSCF PSB Mood NG -EV33 NG -EV45 NG-EV70 NC-EV10S NG-EV120 NG-EV150 `vG-EV210 NG-EV270 NG-EV360 Dryer :Design Features: Dual vessel design manufactured and stamped per ASME code Section VIII. Alternatives available. • Piping designed per ASME B31.3. • NEMA / NEC electrical construction standard. • Closed -loop regeneration of the molecular sieve adsorbent. • Pre filter and after filter complete with differential pressure indicators. S Insulated adsorber vessels and electric heater for heat conservation. a Incoloy sheath low watt density flanged immersion type electric heater. Process Drmer-clans Inches Connections Inches 2 FLG 2FLG L V'd Package .. s,Veight 120 68 104 138 68 104 6,04 144 6.5 10 2/3FLG 3 / 4 FLG 4 FLG 416 FLG 6 FLG 104 ! 6,800 15 17 21 30 40 51 L S :FL+ 1 168..._... '. _,.88 _ i 1 0 ` _.._ 11„900 72 112 9.000 72 : t 120. 10.000 6 / &FLG 08 'a .124 _.4'' 17,000 240: 0 t44 20,000 __244...: i20 -: 144 22,000 www.psbindustries.com/ngv/ See NG-EV bulletin for more details. Information subject to updates... NG-SV t rdti';9e.YN: `<�a 'Lyt?.',SJk" ?zn+w Single Vessel Natural Gas Dryer PSB type NG-SV is an ideal system for drying small volumes of natural gas for stations with intermittent use. Each unit is conservatively sized to remove moisture from gas upstream of the natural gas compressor. When the initial charge of desiccant has reached maximum drying capacity, it can either be replaced or regenerated with an external regeneration package, consult PSB for more information. An optional "DDP" Digital Dew Point meter will provide indication of effluent dew point confirming performance or need for desiccant replacement/regeneration. PSB's standard package includes factory fit pre -filter and particulate after -filter. Flow Diagra .AnatiVhsfa a nanux+svmSs AW . .4M Dryer Design Features: self ! . , 3S.se 3'ah'+t*AilSi i4Ei!isF4 ITS:c%r`.<f.CfnirOiraldifi` d' "!. re ,iiTfilk4iii tiii0Asib1A 2kSz • Adsorber vessel designed, manufactured, and per ASME code Section VII?. *Alternatives available a Stainless steel desiccant screens • Installed pre -filter & after -filter • Three valve system block and bypass package 9 Initial charge of desiccant • Two (2) manual regeneration valves on NG-SV-3.0-1.5 and larger models ® Modular design matches regeneration package Typical Options: 2 DDP - Digital Dew Point Meter with 2 alarms (CL 1, DIV 2, GR C, D) a MI — Color change moisture indicator ro Higher design pressure (> 200 PSIG) • Vessel insulation • Regeneration skid, see NGR bulletin PSB Model NG-SV-1 5-1.0 NG-SV-3 0-1.5 NG-SV-5 0-1.5 NG-SV-6 5-2 NG-SV-10-2 NG-SV-10-3 NG-SV-15-3 NG-SV-15-4 NG-SV-21-3 NG-SV-21-4 (1) MMSCF Capacity @ Flow Capacity SCFM © PS1G Process Connections Dimensions Inches Package Weight 7 lb H2G/MMSCF 20/100 Inches VV lbs9 L H . _ __ 1.5 50/100 1 NPT 28 20 8 .. 43O . . 3M 145/510 1.5 FLG 50 34 94 i 950 5. _-..._ 145/510 . 1.5 FLG 50 34 96 t225 6.5 YNWR V ;,.,. V ,N,.,,..,V ). /.. ., . `5,./,. M._ l 240/ 765 ... 2 FLG . . _ 5p 40 n 96 1 7.50 :. ,r`. - 10 .,,... .. ».. 240/ 820 .. 2 FLG — .< 50 40 . .:-101 � ... �ynytAR 200'. 10 525 / 1,375 _. 3 FLG ' 56 48 101 2A70 15 525 / 1,400 3 FLG 52 57 110 2, 750 15 _ 615 /2 160 4 FLG 52 57 120 7,950 21 y� 525 / 1100 - 3 FLG 76 79 92 3, 700 21 900/1300 4 FLG 72, 66 110 4,400 __.. (1) See Page 4 Capacity Multiplier Chart 6 www.psbindustries.com/ngv/ See NG-SV bulletin for more details. Information subject to updates. Natural Gas egenerat on Skid PSB regeneration skids are used to regenerate single tower natural gas dryers that do not have an on board regeneration system. The system operates in a closed loop, utilizing a captive volume of natural gas. Once connected to the dryer vessel and properly vented, natural gas will begin flowing when the regeneration start button is initiated by the operator. A blower pushes gas to the electric heater and the hot gas flows to the vessel to be heated. The moisture held up on the desiccant will then be carried back with the gas and flows to the regeneration skid. A heat exchanger then cools the gas and condenses the water. The water is then efficiently removed from the gas stream and drains to the condensate sump. Cool gas then flows to the blower to be circulated to the heater again. After the desiccant has been adequately heated, the electric heater is de -energized and the blower continues to recycle gas to reduce the desiccant temperature. Once cooled, regeneration is complete. ow Diagram: Design Features: NGR21U is designed to regenerate medium and small single vessel dryers (PSB model SV21 and smaller). • Compact design to ease transportation between sites • Regeneration blower is hermetically sealed in an ASME code stamped vessel • Electric regeneration heater, flanged immersion type, low watt density and heater sheath thermocouple included for safety shutdown Air-cooled fin tube after cooler with motor • High efficiency separator and condensate sump • Pressure relief valve, 200 mwp • High heater sheath chamber and outlet temperature control and alarms are provided. High after cooler outlet temperature alarm is provided NEMA 4 electrical control panel contains the PLC which automatically controls the heating and cooling cycle upon operator initiation NEMA 7 contains the regeneration heater and motor contactor/starters Electrical rating is Class 1, Div 2 Group D PSB Model NGR21U FLA 460/3/60 Regeneration Connections Inches Dimensions Inches V1/ Package Weight lbs 2,400 See NGR bulletin for more details. Information subject to updates. www.psbindustries.com/ngv/ PSB Services specializes in field service, start-ups, regeneration, service and maintenance of natural gas vehicle dryers across North America. Our knowledgeable technicians are dedicated to providing fast and reliable dryer maintenance to keep your equipment running at peak efficiency. Dryer Start-up / Commissioning • Natural Gas Regeneration PSB Industries Inc. 1202 West 12th Street • Erie. PA. USA Phone: 814-453-3651 • Fax: 814-454-3492 ° Planned Service / Preventative Maintenance Agreements ° Operator Training PROCESS INLET 3' 150 10 RF FLANGE DESICCANT REMDVAL ATORT 2' RAPT PRSCE55 'CURET Y 150 LB RF RANGE RDSFAIF5 WRY/PRO 00100 AND PRY'. IT FICA. DRYER DATA DESICCANT VESSELS ASME U STAMPED 200 MAP • 400' F. INITIAL DESICCANT: INSTALLED INSTALLED WEIGHT: APPRO%. 2,200 LBS (W/DESICCANT CHARGE) ELECTRICALS: 120 VAC, 50/60 Hz (w/DOP OPTION) AREA CLASSIFICATION: CL, 1, DIV. 2, GR. 0 (w/DOP OPTION) CLEARANCE: ALLOW 36' ON ALL SIDES FOR ACCESS. EVOOLSI 1/18/12 12405411 IL CARA 1 w4r7/nN nN t/1e/Iz MSS. 10/10!12.:: SS,. I1A1/u 1210/18 '. *ism ALIAAAI ,z MIME MODEL: NG-SV-10-3 NATURAL GAS DRYER D NG1B10001-G1 5A4EIy,-&1O VALVFS N3i 141OWN, BE 10CP.T00 Notes: 1 -Prudent Cempnemed nWral Gas, UN 192 Dtv.2.1 2 -10065:20" Oat, x 223'-c" LG s 1.309" IOU, sail, 34et",CUr,R. m' 5,771 LDS Each, 5,530 PSI Desgn P1153yre. 3 -Produce Gapa464: -38,230 SCP of Natural Gas to 5,300 01(5 (Dezign Prvtine) .36,310 SCF of Natural Gas C 4,5511 pmg )043uOpera, .g Pressure) 4- poundalion Recommendation: -R.e owner/msta.L don contractor 6 W 00024 the seN44{ of a reg3te105 strumnel engineer to provide foe damn du OO. The regarsm enprwe1 shall be remitter will regulatory requirements at the InslaHllon m, .nlhclng mntro7vq milking tacks, soil tearing presure, mnboling seismic or wind 01iter0, ext me host penetration, !locate, and other mquirerrenls which apply. - The 1nurda600st4ri0 be praportior,S, Jested, mraed,1,012001 and cx. m 1:411081,0 with ,controlling bindery odes and accepted concrete desgt/mnmrrion codes pax m23Va10ton. 5 - legation : Anywhere, CAe5truaural supped to comply with IBC 2003 code. G- Nominal Weights (Dees non include manifod): - Frame assembly weight 1,325 Illy; Tutu 90191:0: 20,313 IOW - Tare Weight: /.1,630160{ Pro0u931994 : 1,718 Its, (115,000 01518), -000140.c 23,356 lbs, >-T0lera100 2113' unks oU'rwlse specl45E n8 -A0 webs are 'IV welled us)ng 3(345' wire, WS /.,%113 ER70 5-6 9 -Reference R,a,mcy. -5addk: A5 -20 -FR -01 SIDE VIEW SECTION A -A ENLARGED FOR CLARITY MANIEOLIISNID ,VA'LUES NOT -SHOWN _GROUNDING LUG JPPLIED GROUNDING 7010 601590555) 63 - Oaan as per FlBA-P-1l, Put/alum for General 05amng of Gaseous System Coupon.. 11- Paint as per 0.24, 'Pain Appcat'mn Procxlure fm SW Containers, Trailers. Grwnd Storage Units 12 - Dry toarhievelessMan 2033100- 13 - leak Test Presure (Pressure 101.-1 valve .0,0050): 4,953 P51G (0,9 64115 MAWP)9 14 - Ship 0101 15.201110 of dry, 6i) -free niiroeeny 15-SaftAy mid vlaves 04 410,33 ppug material anc mst1l0bon to be vended by e you- r,,-. er to Callornia CieT:Ne B Pan AI and other ci lgn 41325 repuplo 6 1'-3 3/9" MANIFOLD END VIEW (MANIFOLD NOT SHOWN) REF, I NOTICE FIBA TECHNOLOGIES, INC,„.„ 0R.IVERED.Tla Exenass epB ro e�rar's.raTroe_.... 1 ntroducinn Our Newest Oenerati on Series 17 TGT's New Model T7000 Features: Compatibility with World Wide Voltages Intrinsically Safe Design Class 1 Div. 1 In Dispenser Sequencing Temperature Compensation of Gas Pressure Light Duty Design 1500 cfm Flow Rate Transit Bus Design 3500 cfm Flow Rate Dual Hose and Single Hose Designs ,x Local Access Key Pad for Control of Dispenser RS 232 Laptop Interface On Board Card Reader Micro Motion® Mass Flow Meters Easy -to -Read Full Control Alphanumeric Display Choose Tulsa Gas Technologies to supply your NGV Dispenser needs. TULSA GAS TECHNOLOGIES, INC. Model number T7000 4238 T7000 3638.-- T7000 3626 (Not to scale.) 1' 10" CNG COMMUNED NUM GAS TT • In -dispenser Card Reader available • Quick order turnaround • Easy -to -read "back -lit" liquid crystal displays • Battery backup display, with all totals in non-volatile memory • Volume displays in gallon or liter equivalents, cubic feet, cubic meters, or mass pounds • Powder -coated steel body (stainless steel optional) • Display of total sale, unit price and totalizers • Hose retractor • Easy -to -read full control alphanumeric display • Single or twin hose and dual pressure models • Micro Motion® Mass Flow Meter*, CNG50, DH100 - Fill and vent hoses with safety breakaway couplings • Interfaces with all common card readers • "At pump" price setting and totalizer displays • Automatic shut -down on pulser fault • Custom paint on cabinets available - Output pulses 10, 100 or 1000 ppu • In -Line hose breakaway • ANSI/lAS NGV 4.2 - 1999 listed hoses * Micro Motion® is a trademark of Micro Motion Corporation, Boulder, Colorado • Sales display to 6 digits on a .75" back -tit LCD • Prices display to 4 digits on a .5" back -lit LCD • Non-resettable volume totalizer • Battery powers displays for 15 minutes and backs up total to memory • 3000/3600 psi operating pressure • 5000 psVAC/50Hz • Class 1, Div 1, Group D, Zone 1, MAWP • Fail-safe valve design • Operating temperature range -40° to +60° C • Electrical requirement: 120VAC/60Hz or 250 Appendix 4: Bid Proposal BID PROPOSAL To: Weld County Purchasing Department P.O. Box 758, 1150 "O" Street Greeley, Colorado 80632 Attention: Barbara Connolly, Purchasing Director Bid Proposal for: WELD COUNTY CNG FUEL SITE UPGRADE PROPOSAL Pursuant to and in full compliance with all Contract Documents the undersigned Bidder hereby proposes to furnish all labor and materials and to perform all Work required for the complete and prompt execution of everything described or shown in or reasonably implied from the Bidding Documents, including the Drawings and Specifications, for the Work above indicated for the monies indicated below which includes all State, County and local taxes normally payable with respect to such Work. The amounts stated include all allowances for profit and overhead, taxes, fees and permits, transportation, services, tools and equipment, labor and materials and other incidental costs. The Bidder and all Sub -Bidders shall include in their bid all Sales and Use Tax if applicable. State of Colorado and Weld County tax shall not be included. Upon application, the State of Colorado Department of Revenue shall issue to a Bidder or Sub -Bidder a Certificate or Certificates of Exemption indicating that the purchase of construction or building materials is for a purpose stated in Section 39-26-114, CRS, and is free from Colorado State Sales Tax. EXAMINATION OF DOCUMENTS AND SITE The Bidder has carefully examined the Bidding Documents, including the Drawings and Specifications, and has examined the site of the Work, so as to fully appraise himself of the conditions at the site and to gain a clear understanding of the Work to be executed and is thoroughly familiar with all local, state and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. PROPOSAL GUARANTEE This Bid Proposal is accompanied by the required Bid Bond of five percent (5%) based upon the Total Cost of all items required to be Bid. Weld County, Colorado is authorized to hold said Bid Bond for a period of not more than sixty (60) days after the opening of the Bids for the Work indicated, unless the undersigned Bidder is awarded the Contract within said period, in which event the Owner may retain said Bid Bond until the undersigned Bidder has executed the required Agreement and furnished the required Performance Bond, Labor & Materials Payment Bond, and Certificates of Insurance. TIME OF COMPLETION The Bidder agrees to make his best effort to complete the entire Project as soon as possible. Bidder agrees to complete the project within the time specified in the Project Special Conditions located on the issuance of the Notice to Proceed. EXECUTION OF DOCUMENTS The Bidder understands that if this Bid Proposal is accepted, he must execute the required Agreement and furnish the required Performance Bond, Labor & Materials Payment Bond and Insurance Certificates within five (5) days from the date of Notice of Award. BID NO # B1700124 Page 13 METHOD OF AWARD The Owner reserves the right to reject any Bid from any Bidder to complete the Work as specified regardless of the amount of the Bid. It is understood by the Bidder how Bids shall be awarded and that should the cost of the Bid exceed budgeted funds, the Owner reserves the right to reject any or all Bids or portions of Work Bid or the use of any of the methods stated in the Instructions to Bidders to obtain the most advantageous Bid price. All bids will be reviewed by the Owner and Engineer. For any discrepancy between words and figures; the words will control. All mathematics will be checked and the correct total used for determining the low bidder. GENERAL NOTE This project shall be in accordance with the federal Buy America requirements, Section 106.11 as included in the attachments as part of the contract. Weld County CNG Fuel Site Upgrade This project consists of upgrading the existing Weld County Fast -Fill CNG Fuel Site located at 1113 H -Street, Greeley, CO. The construction project will be awarded as a "turn -key" project where the contractor is required to design and build this project. The Fast -Fill CNG facility shall remain a redundant system designed for fleet use, and operational 24 hours a day, 7 days a week, 365 days a year; with a system design for peak operation between the hours of 5:00 AM and 7:00 PM. The County is the owner of this facility. SCOPE OF WORK: 1. The contract will be awarded by and be with Weld County. The scope of work is for the installation and construction of a Rapid or Fast -Fill CNG fueling station to upgrade the existing fuel site located at 1113 H - Street, Greeley, CO. The selected Contractor shall be responsible for delivering a complete "turnkey" facility, including design, engineering, permitting, civil and other improvements to the site, equipment procurement and installation, start-up and testing, commissioning, and training of personnel. The Contractor shall also be responsible for ensuring the design of the facility and equipment complies with all codes and regulations in effect at the time of station permitting. The selected Contractor shall provide a one-year full warranty on all equipment provided, as well as all service and operating manuals, and a complete set of AutoCAD-based "As Built" drawings for the County. 2. The purpose of this document is to describe the minimum equipment and services required by Weld County. It is the responsibility of the bidder to understand and comply with all applicable municipal, county, state, and federal codes, laws, ordinances, standards, rules and Weld County supplements in force at the time of facility commissioning. Every effort has been made to provide accurate information in this bid request. Should significant conflicts between these written specifications, the preliminary design drawings, code requirements, standard industry practices, and/or available equipment be identified by the Contractor, the Contractor shall notify the County in writing immediately upon discovery. 3. The facility shall be designed with space, piping connections, and electrical equipment that will allow for the future installation of additional dispensing equipment which will include a provision for future slow -fill connection point. This future expansion will not be part of the base bid. Spare/future conduits shall be capped and sealed at each end a minimum of six inches (6") above grade and protected from impact, and shall include installed pull strings. 4. Time is of the essence. Project completion and full commissioning must be completed by June 30, 2018 to allow proper grant closeout timeline. The successful bidder shall acknowledge the receipt of the order and certify delivery as scheduled or fully bear cost of unfunded equipment/installation. SPECIFICATIONS; The following items will be required as part of this project and should be included in the Contractor's bid costs for this project: BID NO # B1700124 Page 14 1 _ The goal of the project is to achieve the fast -fill capacities identified in Figure 1. If these capacities cannot be met due to gas supply line limitations, contractor must show the equipment/design that provides the best alternative to achieve as nearly as possible. Contractor must identify what was achieved versus shortfall in their bid submissions. Bid that achieves closest to these capacities will be given priority over other bids. 2. ATMOS is the gas supply utility: a. ATMOS has stated the gas supply for this upgrade could achieve 53mcfh with a delivery pressure of 70 psig. b. This volume can only be achieved if a new line is provided by them to the site. c. Since the upgrade of the CNG site is dependent upon this new larger line, the contractor's reply to this bid must include a line item in the bid tabulation which includes the ATMOS quote (Figure 2) for a total of $815,105.00 to extend this line. d. Contractor will make the payment to ATMOS for this amount upon gas line completion or as progress payments, as necessary. e. Contractor shall coordinate this gas line installation in concert with Weld County Buildings and Grounds. f. To ensure the ATMOS line installation occurs before frost sets in, release for construction of the gas line extension to the fuel site should occur within 10 days of contract finalization. 3. Dispensers: a. Existing CNG dispenser shall remain operational. b. Contractor shall provide five new dispensers at locations shown on Figure 3. c. Four dispensers will be on the heavy-duty side. d. One dispenser will be on the light duty side. e. All dispensers must be included in base bid. f. Should the budget be exceeded, the County may elect to deduct dispensers from the scope starting with dispenser #5 and working backwards until acceptable budget is achieved. If this is necessary, a line stub out shall be provided at last dispenser to allow to connection of future dispenser additions. g. Each dispenser shall be a two -hose rapid fill dispenser capable of dispensing fuel simultaneously at a settled fill pressure of 3,600 psi. The dispenser shall be capable of delivering simultaneous fills from both hoses with 3,600 psi. h. The dispenser should be compatible with the County's existing card reader system. The existing system is manufactured by Gilbarco/GasBoy and is operating on software "Fleet Head Office" version 6.4.4.13. i. Dispensers must be on 6 -inch raised curb and protected from impact by four each 6 -inch round bollard filled with concrete and buried 3 -feet deep and painted yellow. 4. Compressors: a. Larger Compressors are envisioned to meet the increased fueling needs. Weld County currently has two 50 hp compressors. b. A 4 -hour recovery time or better is desired. c. Design should incorporate a primary and secondary (lead/lag) compressor system. This system should allow one compressor to operate the entire system should the other fail. 5. Storage. Increasing storage capacity may be needed to meet the goals,. 6. Design/Permitting: a. Contractor's submittal shall demonstrate how the project will be a completed as a design -build "turnkey" operation. b. The property of 1113 H -Street, Greeley is outside city limits. Building permits will be obtained from the Weld County Planning and Building Department. Fees for these permits will be waived. c. Contractor shall demonstrate and assert a facility design along with their bid submittal. d. Contractor shall provide a detailed description (timeline) of how the project will be managed to ensure meeting a construction deadline of June 30, 2018, which allows for grant closeout. 7. Construction: a. Contractor shall be responsible for connection of all necessary gas, electrical, and other utility services required for this project. b. Contractor's bid shall include all construction costs including site work, demolition/relocation activities (if needed), civil and electrical improvements, and equipment installation. BID NO # B1700124 Page 15 c. Installation of new CNG equipment should not impact the traffic flow or truck size used on the existing fuel site. If larger footprint is needed contractor shall extend fence to northwest to prevent encroaching into the current drive lanes. d. Contractor shall return all used equipment/piping of existing system to the County. 8. Proposed equipment: a. Contractor shall provide a detailed description of the proposed systems components. b. Include cut -sheets of individual equipment components (e.g. compressor, dryer, priority panel, etc.) identifying the functional capabilities, size, performance ratings, life expectancy, etc. c. Identify the costs associated with each component. d. Define the system components life expectancy and how they affect system reliability (i.e., fill cycle — compressors rated for 3,000 hours between overhauls, etc.). 9. Grant Reporting: a. Weld County is the recipient of certain grant funds to assist in this project. Bidders are advised that as a sub -recipient of the grant, the contractor who receives award of this contract must comply with all federal requirements. Please refer to the CDOT Local Agency intergovernmental agreement to ensure compliance and adherence with federal requirements, such as Buy America. These forms and requirements are included in the bid package. b. Contractor shall provide requested data to the County to comply with annual Congestion Mitigation and Air Quality (CMAQ) program reporting requirements and documentation: i. This information will be further discussed with the successful bidder. ii. Example reporting requirements may include: project description, project completion date, annual amount of fuel dispensed, and air quality benefit calculations for 8 -hr ozone, VOCs, NOx, PM10, CO2, and CO. 10. Contractor shall be responsible for commissioning, startup, training, and demonstration of the facility. 11. The county is exempt from sales and use taxes. A tax-exempt certificate will be provided to the winning bidder. 12. Bonds. a. Bid bond is required. b. This project will require a payment and performance bond equal to 100% of the job. 13. Contractor will be required to enter a standard County contract for this service. 14. Contractor shall utilize a Weld County contract that complies with the Federal -Aid Construction Contracts; Form FHWA 1273 titled "Required Contract Provisions Federal -Aid Construction Contracts" included in the sample contract attached to the bid package. 4CUIPheNT/WARRANTV A. Any equipment shall be the manufacturer's latest model of production. Said equipment shall be of superior quality and suitable to the use for which it is intended. The technical design shall be in line with the best practice in the industry and the materials and workmanship entering into the construction shall be of the kinds and qualities which will ensure long life, dependability, and low cost of maintaining and repairing. B. The successful bidder shall warrant they have title to the goods supplied and the goods are free and clear of all liens, encumbrances, and security interests. All warranties made by the successful bidder, together with service warranties' and guarantees shall run to Weld County and its successors and assigns. The successful bidder shall warrant the following equipment in accordance with the Manufacturer's Warranty: 1. Compressors 2. CNG Storage Vessels 3. Gas Dryer System 4. CNG Dispensers 5. Dispensing Hoses 6. Electric Breakers 7. Motor Starting Equipment BID NO* 81700124 Page 16 8. Instrument Air Package 9. Fuel Management Card Key Equipment 10. Control System Equipment (PLC's), and 11. Particulate and Coalescing Filters C. Service Calls in the First One -Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the warranted goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. EXPERIENCEIgUALIF1CATIONS: Each proposal must include: A. Qualifications and specific experience of key team members. B. Demonstrated ability to perform work satisfactorily as confirmed and evidenced by references. A list of at least three (3) references including the following: contact information: name, position, telephone number and e-mail address. All references will be thoroughly checked. C. Project understanding and approach. D. Experience with similar types of CNG design/build projects. A listing of CNG fueling stations the bidder, and subcontractors, have provided similar services at within the last three years. E. Proposed project schedule. F. Eligibility to participate in contracts for Federal, State, and County funded projects. G. Proposal Cost and Cost Effectiveness (monetary stewardship of the CMAQ program). H. Quality and completeness of the proposal. I. Firm's stability in the industry. J. Adherence to submission requirements as outlined in this request. BIDDING FIESIVIREMENTS A. A signed bid proposal must include the line item pricing below with a project total. If an item is not proposed, indicate N/A. B. Weld County is the recipient of certain grant funds to assist in this contract. Bidders are advised that as a sub - recipient, the contractor who receives award of this contract must comply with all federal requirements. Please refer to the Local Agency Manual and IGA with CDOT for compliance and adherence with federal requirements, such as Buy America. All bidders must submit these following forms at the bid opening: 1. Request for Taxpayer Identification Number & Certification (IRS Form W-9), 2, Anti -Collusion Affidavit (CDOT Form #606) 3. Bidders List (CDOT Form #1413) 4. Anticipated DBE Participation Plan (CDOT Form #1414) C. The remaining required CDOT Forms must be submitted by the Apparent Low Bidder within five (5) business days of the Notice of Award. All the forms can be found in the following bid package and include: 1. Contractors Performance Capability Statement (CDOT Form # 605) 2. Assignment of Antitrust Claims (CDOT Form # 621) 3. Anticipated DBE Participation Plan (CDOT Form #1414) must be submitted to document zero anticipated participation. BID NO # B1700124 Page 17 PRICING Complete the cost proposals below to perform design, construction, and maintenance services ("turnkey" operation) for the Weld County CNG fueling station upgrade as specified in this Bid Package, Plans and Specifications. Enter a cost for each item that would include "full installation" of that specific component. If a particular item does not apply, place N/A in the corresponding column. If the "Other" row is used to capture any remaining costs, describe these items atonq with associated costs, Item Costs Design $ Site Work $ ATMOS Gas Line Extension $815,105.00 Compressor#1 (with installation) $ Compressor #2 (with installation) Gas Dryer System (with installation) $ Priority Panel & controls (with installation) $ CNG Storage Vessels (as required Electrical $ Dispenser #1 (with installation) $ Dispenser #2 (with installation) $ Dispenser #3 (with installation) $ Dispenser #4 (with installation) Dispenser #5 (with installation) $ Fuel Management (GasBoy) $ Electrical $ Plumbing/Piping �# Other (Describe) $ TURN -KEY BID TOTAL " $ DOES THIS BID MEET OUR SPECIFICATIONS? YES NO BID NO # B1700124 Page 18 PLEASE READ THIS PARAGRAPH AND CHECK THE BOX BELOW: RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. Date: By: Addendum No. Date: By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B1700124 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 Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 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. The bid(s) may be awarded to more than one vendor. FIRM. BY (Please print) BUSINESS ADDRESS DATE CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 -13. BID NO # B1700124 Page 19 Figure 1 Fast Fill Expansion — Usage Estimates Normal Fueling Volumes Dump Trucks Tractors (Switching to LNG fleet) LD Vehicles Fleet GGE Tank Capacity Fill% per Fill %Activ Total # Vehicles Tank Size, GGE e GGE 12 120 100% 1,440 0 120 100% 0 90 24 100% 2,160 3,600 80% Fleet GGE per Fill % of Fleet Fueling per Fill GGE per Fueling Window Fill Dars/Yr Fueling Normal Fleet Volume per Year, GGE 2,880 50% 1,440 260 748,800 Snow Storm Volume Dump Trucks Fill% per Fill. Fleet GGE per Fill Additional Fills per Day %Activ Total # Vehicles Tank Size, GGE e GGE 12 120 100% 1,440 80% 1,152 1.5 GGE per Snow Storm Day Snow Storm Days Additional Volume for Snow Days 1,728 15.0 25,920 GGE per Fueling Window Fill SCF per GGE. SCF Needed in Fueling Window Minutes in Fueling Window Minimum SCFM Needed Redundancy SCFM with Redundancy 1,440 125 180,000 120.0 1,500 50% 2,250 BID NO # B1700124 Page 20 Figure 2 energy May 26, 2017 Toby Taylor, Director Weld County Department of Buildings & Grounds Weld County Veterans Services 1105 H Street P.O. Box 758 Greeley, CO 80632 P: 970.356.4000, ext_ 2023 F: 970.304.6532 Po. ltt col Dear Toby Taylor Atmos Energy Corporation is pleased to provide a non -binding cost estimate for your budgetary purposes to extend natural gas service to 1113 H Street in Greeley, Co. for the C:NG Facility. The proposed project will consist of installing 6 -inch HP natural gas main. This main extension is designed to handle delivery of approximately 53 nncflt with desired pressure of 70 psig to 1113 H Street. Non -binding cost estimate for this natural gas main project and service line (valid for 30 - days from date of this letter): install a 6 -inch l-iI' natural gas main for approximately $728,866.00. Install a 6 -inch HP service line for approximately $86,239.00. We thank you for all the information you have been gathering and providing for us and the meet time at the site. It is important to note the assumptions Atmos Energy has made in preparing this estimate. 1. Assumes customer will provide barriers/protection around meter site. 2. Assumes the project proposed route is installed in Weld County proposed easement as per email sent on 513/17. 3. Assumes contractor labor is used and is based on this approximate cost proposal, 4. Assumes some pipe is to he installed using horizontal directional drilling methods. 5. Assumes county granted storage space for materials and contractor equipment at no cost. 6. Assumes Weld County will move trees. 7. Assumes there will be third party inspection. 8. Assumes the design for delivery is a minimum 70 psi and 53 Meth. 9. Assumes the 70 calendar days of construction as proposed by contractor. 10. Does not include any costs associated with any permitting. 11. Assumes there will he a no -frost installation. BID NO # B1700124 Page 21 If, upon review of the non -binding cost estimate, you or your company is interested in seriously pursuing natural gas service, Atmos Energy will conduct a comprehensive engineering study of the project and generate a Main Extension contract to pursue your project. The comprehensive engineering study will develop a firm project cost which will be the cost specified in the Main Extension contract. The terms and conditions in the Main Extension contract will be available for (90) days from the date of issuance of the Main Extension contract. At the time of installation, the utility easements for this main extension and/or service line should be to final grade and allow clear access to the easements. Property pins should he visible and clearly marked. All sleeves for crossing should be installed prior to the main extension installation as per specifications provided by Atmos Energy Corporation. All construction of main or service line will be subject to Atmos Energy's tariffs on file with the Kansas Corporation Commission and are subject to regulatory and pipeline safety oversight. If you have any questions, please telephone Chris McDermott at 970-304-2080. Sincerely, Christine McDermott Electronic Signature 512(/2017 at 1:20 PM Christine McDermott BID NO # B1700124 Page 22 BID NO # B1700124 Page 23 4k. 0! N; Existing Diesel Fuel islands Existing Unleaded Fuel Islands Existing CNG Compression/Storage Existing CNG Dispenser New Dispenser Locations BID NO # 81700124 Page 25 Appendix 5: Bid Schedule Bid Schedule PRELIMINARYSCHEDULE Below is the planning schedule for this project. Project completion and full commissioning must be completed by June 30, 2018 to fulfill the requirements of the grant. Failure to meet that date will result in contractor needing to absorb costs for any uncompleted work. Date of this RFP Advertisement Date Pre -bid conference Proposals Are Due Notice of Award Contract Notice to Proceed Release ATMOS Construction Parts Arrival Substantial Completion Final Completion July 27, 2017 July 27, 2017 Aug 2, 2017 Aug 30, 2017 Sep 18, 2017 Sep 27, 2017 Sep 28, 2018 NLT Oct 5, 2017 Feb 28, 2018 May 31, 2018 Projected date of June 30, 2018 BID NO # B1700124 Page 26 Appendix 6: Bid Bond BID BOND PROJECT: Weld County CNG Fuel Site Unmade Wyoming Northstar Incorporated registered to do business as KNOW ALL MEN BY THESE PRESENTS, that Clean Energy Cryogenics in Colorado as Principal, and Berkley Insurance Company as surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of Five Percent of Amount Sid 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 severalty, firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated Au$30 2017 for the Weld County CNG Fuel Site Upgrade 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 eventoffailure 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 30th August day of 9 , 2017 � 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, Wyoming Northstar Incorporated registered to do business as Principal Clean Energy Cryogenics in Colorado Address 1600 Union Road, Evi ATTEST: ton, WY 82930 By r't r li`.e-�'rtl ATTEST: By: k Melissa Schmidt, Secretary By: 4 •E txrle-itt-t=act Surety :'7'L7f�'' nsurance Company Address 1250 E. Diehl Road, Ste. 200, Naperville, IL 60563 BID NO # 81700124 Page 27 No. BI -112a • c POWER bF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint dames !, Moore, Stephen T Kamer, Bonnie Kruse, Dawn L. Morgan, Peggy Faust, Kelly A. Gardner, Jennifer J, McComb, Mary Beth Peterson, Elaine Marcus, Melissa Schmidt, 7artese M. Pisciotto or Donna M. Whalen of HUB International Midwest Limited dba HUB International Scheers of Westmont, Illinois its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.S50,000,000.00), to the same extent as if such bonds had been duly executed and E acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. , L This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, ,., without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors ofthe Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, LL.C, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney -in -fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. aIN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its ;corporate seal hereunto affixed this 11 day of Attest: =(Seal) By Ira S. Lederman Senior Vice President & Secretary , 2012. Berkley Insurance Corn em Hafter ice President EWARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT ) ) ss: COUNTY OF FAIRFIELD ) worn to before me, a Notary Public in the State of Connecticut, this ,mac day of,, ,,, &' 2012, by Ira S. Lederman and Jeffrey M. Hafter who are sworn to me to be the Senior Vice President and Secretary, and 'the Senior Vice President, respectively, of j3erkley Insurance Company. EILEEN KILLEEN NOTARY PUBLIC. STATE OF CONNECTICUT MY COMMISSION EXPIRES JUNE 30, 2017 CERTIFICATE Notary Public, State of Connecticut `ryf, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY,, DO HEREBY CERTIFY that the foregoing is a titrue, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded -and that the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date, Given under my hand and seal of the Company, this 30th day of _:August 2017 (Seal) "�kfsi� 3q#�`>. iii! ��>�' h `{i', State of Illinois } ) ss. County of DuPage } On Augtt,Ft-39, 2017, before rne, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appearedimi,L idg known to me to be Attorney -in -Fact of tns ance.Camonwthe corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My E3omcnission Expires 05/1 3i20 y)dflAiSkti\-- A. Indoor, Notary Public OFFICIAL SEAL KELLY A. GARDNER 4 NOTARY PUBLIC, STATE OF ILLINOIS 0 My Commission Expires May 13, 2020 Appendix 7: IRS Form W-9 a Form • W (Rev, December 2014) Department ul the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. t Name (as shOwn on your income tax retslm1. Name is require() on this line; do sot leave this line blur) Wyoming NorthStar Incorporated 2 Business name/d,sregaroed entity name, (F different from above Clean Energy Ct ydgentCS 3 Check appropriate box for federal tax cassification; crieck only one of the t(ilowing seven boxes: ❑ individuallsole proprietor or ❑ C Corporation Q S Corporation) ❑ Partnership ❑ Trust/estate single -member I. LC ❑ Limited liability company, Enter the tax classification (C -C uoraoration. S -S corporation, P=partnership) Note. For a single -Member LLC that is disregarded do not check LLC: check the appropriate box in the line above for the tax classif .c5lWn et the single -member owner Other (See instructions) ► 5 Address (number. street, and apt, or suite no.) PO Box 1342 8 City state. and ZIP code Evanston, WY 82931 4 Exemptions (coons apply only to Certain entities. not individualscart instructions on page 31: Exempt payee code (if any) Exemption from FAICA reporting ode (it any) name and address (optiona 7 List account numbers) Here (optional Taxraat (dentlrrg8tt61flCi Number Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number ISSN), 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 (FIN). 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 instructions for line 1 and the chart on page 4 for guidelines on whose number to enter, Social security Or Employer Identification number 8 7 f0513 2 6 2 4 lIZEI Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because' (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S, citizen or other U.S. person (defined below): and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property. cancellation of debt. contributions to an individual retirement arrangement (IRA), and geenerellyv payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN, See the ktstfueticns on page 3. Signature of Mare U.S, person) General Instructions Section references are to the internal Revenue Coae unless otherwise -toter,. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at www.irs,govrlw9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (A1lN), or employer ioenlification number fEIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples or information returns include, but are not limited to, the following: • Form 1099-INT (interest earned or paid) • Form 1099.DIV (dividends, including those from stocks or mutual funds) • Form 1009-MISC (venous types of income, prizes, awards, or gross proceeds) • Form 1099-8 (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) Date ► }1c5s0 t5 • Form 1098 (home mortgage interest), 1098-E Istuaent loan interest), 10913-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. if you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What Is backup withholding? on page 2. By signing the filled -out form, you: 1. Certify that the TIN you are giving is correct for you are waiting for a number to be issued), 2. Certify that you are not subject to backup witm olding. 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' snare of effectively connected income, and a, Certify that FATCA codefs) enterer] on this form (it any) indicating that you are exempt from the FATCA reporting, is coned. See What is FATCFi reporting? on page 2 for further information. Car. No, 10231X Form W-9 Rev, 1? -2014) Appendix 8: Anti -Collusion Affidavit (CDOT Form #606) COLORADO DEPARTMENT OF TRANSPORTATION ANTI -COLLUSION AFFIDAVIT PROJECT NO Bid No. B1700124 LOGAIKJn Weld County I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my lirm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder. 2A. Neither the prioe(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to bid opening. 2B. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm. 3A. No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non- competitive bid or other form of complementary bid. 38. No ibis fit proirsised tjt solicited for any other firm of wfta to a bidder or potential pr l ter on ' tostaxwat an Intenh Woknoncompetitive or other form of complementary bid on this project 4. The bid of my firfn le made in good faith and not pursuant to any consultation, communication, agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any Intentionally high, noncom- petitNe or other form of complementary bid. 5, My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materais or servides from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, In consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project. B. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high, noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project. 7. 1 hate made a tnqu ofati membtere officers, employees, and agents of my firm with responsibilities Waling to tea pre$tailon,, or ettbr#desiofi of n16f firm's bid on this project and have been advised by each of them that he or she has not participated In any communication, consultation, discussion, agreement, collusion, or other conduct inconsistent with any of the statements and representations made in this affidavit. B. I understand and my firm understands that any misstatement in this affidavit Is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of bide for this contract. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. Tionlfa0iw'fl I,'0 or ownpWY'twr,w �•... Wyonong 4anh,mr incoponaed ici,psIoled,o doothina, as Clenn Poops- Cryogolues in Colorado ♦ _•,_. 1.. ttehe11 W. Pratt Date August 28, 2017 do .... _ _. Chief Operating Officer & Corporate Secretary 2ntfounbuoilors inn or company taco *Wiwi vonlrtei 'NV * :tlhto _.. Taw Sworn to before me this , day of, tit i, 20 4 eP'` My oommnnon MOMS .n G� ��' Itilth NOTE: ThiaToeument must be signed in ink. COOT Pont aeon 1103 BID NO # B1700124 Page 30 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 See Attached Document (Notary to cross out lines 1-6 below) I_ I See Statement Below (Lines 1-6 to be completed only by document s a pf6J not Notary) Signature of Document Signer No. 1 Signature of Document fitgne No. 2 (if any) notary public or other offtcer completing this certificate verifies only the identity of the individual who signed the cutnent to which this certifittatoIs attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Q ra DONNA G. HOICK Notary Public - California Orange County Commission 12191030 My Comm. Expires Apr 15, 2021 Seal Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this , 9 day of / , 20 CT' by Date Month Year (1) it & c (and (2) ) Nameprof Signed proved to me on the basis of satisfactory evidence to be the persons)who appeared before me. Signature Ary44....„Qd�r OPTIONAL _ Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document ar _ , Number of Pages: 1 Signer(s) Other Than Named Above: Document Date: g' 01, $'17- ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5910 Appendix 9: Bidders List (CDOT Form #1413) COLORADO DEPARTMENT OF TRANSP0iliTA1`ION BIDDERS LIST Vie: op Date .3fiY (,\(I t'ucl Sitc Upgrade [In! No.B1700114 1usu t 311, 2017 wb.a l m aMrcgatt d om7r a a <1 f v no .x x. e• it 4 a 74 psi re w af.., (e a . 7!. 1`w ,Y°wrCentral <_ .. a "' • Firm Name Email Work Proposed (Select all that apply) DBE (Y!N) Selected (YIN) none selected during the bidding process _ r Mitchell W. Pratt r iiilOgeraIfFc+s' Corpotate h ; " r Nome , Sig atureAnHlals 444.4.Qtarvt dui le 'gate Work Proposed Categories: 11, Structural Steel and Steel Reinforcement 21 Clearing. Demolition, Excavation and 1 Materials and Supplies 12: Riprap and Anchored Retaining Wells Earthwork 1. Flagging and Traffic Control 13. Landscape and Erosion Control 22: Engineering end Surveying Services 3. Trucking and Hauling 14. Bodge and Bridge Deck Construction 23, Public Relations and involvement 4 Precast Concrete Foundations„and 15. Asphalt Paving 24. Piles and Deep Foundations Footings 16. Road and Parking Lot It !arking 25. Waste Management and Recycling 5, Concrete Paving, Fretwork and Repair 17. Chip Seal. Crack Seal .ioint Seel and 26 Site Clean Up 6k Lighting and Electrical Crack Fill 27-0 Mechanical and HVAC 7 Signs, Signet Installation. and Guardrail /8 Bridge Painting and Coating 28 Tunnel Construction 8 Fencing 19, Stairway and Ornamental Metal 29. Pmhlingand Grinding 9 Buildings and Vertical Shuctures 20. Parking Lots and Commercial Sidewalks 30 Environmental Health and Safety 10o- Utility. Water and Sewer Lines This form must be submitted by the proposal deadline. For CDOT projects Submit to cdot hq dbeformuOstats.co.ua. COOT Form #1413 01/14 BID NO # B1700124 Page 31 Appendix 10: Anticipated DBE Participation Plan (CDOT Form #1414) COLORADO DEPARTMENT OF TRANSPORTATION ANTICIPATED DBE PARTICIPATION PLAN Bidder: th 4ur t.por I,:� a:,n,M.,<i�nrs trc .. C J Project I'' tio. 1700124-('NG!Aid -P,: dip , Contact Aillizy {k4}4'.jk4}4:ar Project Code: Phone: l307t 313-4790 Date of Proposal: , :�uust Sq ton Email: Ashby.MaCarl,^cleanener 'fuel ,con, Contract Goal f cr°o Preferred Contact Method: EmaiI Region: Central rr G DBE Firm Name r� Work to Be Performed Commitment Amount Eligible P:.. atlort None selected during the bidding process Total E4,ible Participation u' Total' Bid Amount u' , ' THEE Q d - Partci. Y 0'0 his section must be signed by an individual with the authority to bind the Bidder. By signing this form, as an authorized tepresentative.or the Bidder, you declare under penalty of perjury in the second degree and any other applicable state or federal laws that the statements made in this document are true and complete to the best your knowledge. Further, you attest that you have read the Standard Special Provision Disadvantaged Business Enterprise Requirements and understand the following: D' T shall not award a contract until it has been determined that the contract goal has been met or that you have otherwise " sttatesl good cause. Once your proposal has been submitted, commitments may not be modified or terminated without the approval of CDOT. If selected as the lowest apparent bidder, you shall submit a Form 1415 for each commitment listed above. If you have not met the contract goal, you will also be required to submit documentation of all good faith efforts to meet the contract goal. It is your responsibility to ensure that the selected DBEs are certified for the work to be performed and that their eligible participation has been properly counted. For additional information and instructions on calculating eligible participation, see the Standard Special Provision Disadvantaged Business Enterprise Requirements Mitchell W. Pratt rh iupmnngr>ai.<r,e.-- i w .r...M 20. j.7 Name Na _• a Title ire Date is orm mu be submitted by the proposal deadline. For COOTIIpo % submit to cdot_ q dbeformsestate:co.us. Civil Rights and Business Resource Center CDOT Form # 1414 01/14 BID NO # B1706124 Page 32 Appendix 11: Evidence of Authority to Sign MINUTES OF THE MEETING OF THE BOARD OF DIRECTORS OF CLEAN ENERGY FUELS CORP. Held on Wednesday, May 27, 2015 The Meeting of the Board of Directors (the "Board") of Clean Energy Fuels Corp., a Delaware corporation (the "Corporation"), was held on Wednesday, May 27, 2015, at the Island Hotel in Newport Beach, California, commencing at 12:15 p.m. PT, pursuant to the provisions of the Bylaws of the Corporation. Warren I. Mitchell, Chairman of the Board, presided over the meeting and minutes were kept by J. Nathan Jensen, General Counsel of the Corporation. Meeting Call to Order Mr. Mitchell called the meeting to order at 12:15 p.m. PT. 4 Legal Matters Mr. Jensen led a discussion regarding legal matters that had been summarized in a memorandum circulated in advance to the Board. The first matter for the Board's consideration was the approval of resolutions approving the annual appointment of executive officers of the Corporation, the annual appointment of directors and officers of certain subsidiaries of the Corporation, and the designation of signatories of the Corporation. Upon motion duly made and seconded, the resolutions attached hereto as Exhibit A were unanimously approved and adopted by the Board. 6 Adjournment There being no further business to come before the Board, Mr. Mitchell adjourned the meeting at 4:45 p.m. PT. APPROVED: arren t. M Chairman of the Board 7 Pratt Co Secretary Exhibit A LVTIONS FOR THS AVOINTMENT OF EXECUTIVE OFFICERS RESOLVED, that the Board hereby appoints the following persons as executive officers of the Corporation (who will be deemed the "officers" of the Corporation for purposes of Section 16 of the Securities Exchange Act of 1934, as amended (the "Exchange Act")) to hold the offices set forth opposite their respective name until the Annual Meeting of the Board to be held in 2016 or until their respective successors are named: Andrew J. Littlefair: Robert M. Vreeland: Mitchell W. Pratt: Barclay F. Corbus: Peter J. Grace: President and Chief Executive Officer Chief Financial Officer Chief Operating Officer and Corporate Secretary Senior Vice President, Strategic Development Senior Vice President, Sales and Finance RESOLUTIONS FOR THE ELE ON OF DIRECTORS TORS OFFICERS OF SUBSIDIARIES WHEREAS, the Corporation is the sole stockholder and/or sole member of a number of subsidiaries, including Clean Energy, a California corporation ("Clean Energy"), I.M.W. Industries Ltd., a British Columbia company, Clean Energy LNG Holdings, LLC, a Delaware limited liability company and Clean Energy & Technologies, LLC, a Delaware limited liability company (each, a"Subsidiarv"); and WHEREAS, it is deemed to be in the best interests of each Subsidiary, and in turn the Corporation as the sole stockholder and/or sole member of each Subsidiary that the individuals specified below be elected to the board of directors and/or managers of each Subsidiary. NOW, THEREFORE, BE IT RESOLVED, that the officers of the Corporation, and each of them, are hereby authorized and directed to cause the Corporation, in its capacity as the sole stockholder and/or sole member of each Subsidiary, to elect the individuals set forth below to the board of directors and/or managers of each Subsidiary, to serve in such capacity until their successors have been duly elected and qualified: Andrew J. Littlefair; Mitchell W. Pratt; Barclay F. Corbus; and Robert M. Vreeland. RESOLVED FURTHER, that the Corporation hereby appoints the following persons as officers of each Subsidiary to hold the offices set forth opposite their respective name until their respective successors are named: Andrew J. Little fair: Robert M. Vreeland: Mitchell W. Pratt: Barclay F. Corbus: Peter J. Grace: President and Chief Executive Officer Chief Financial Officer Chief Operating Officer and Corporate Secretary Senior Vice President, Strategic Development Senior Vice President, Sales and Finance RESOLUTION§ FOR THE DESIGNATION OF SIGNATORIES WHEREAS, it is in the best interest of the Corporation to clarify the designation of individuals authorized as signatories of the Corporation and each Subsidiary with respect to selecting such banks as such individuals shall deem appropriate as a depositary or depositaries for the funds of the Corporation and each Subsidiary, opening accounts and conducting banking business with the selected banks; and 8 WHEREAS, the Corporation may from time to time sign certain business contracts during the ordinary course of business, and it is in the best interest of the Corporation to clarify the designation of authorized signatory officers of the Corporation and each Subsidiary. NOW, THEREFORE, BE IT RESOLVED, that the individuals listed below are hereby authorized to sign and deliver, with respect to the Corporation and each Subsidiary, such banking resolutions as are required by such bank or banks in order to open checking accounts and such other accounts as the below individuals shall deem appropriate and they hereby are adopted as the resolutions of the Board as if fully set forth herein; and that the below individuals be, and each of them hereby is, authorized to designate signatories to execute checks and other documents on behalf of the Corporation and each Subsidiary with respect to such accounts; that the use of facsimile signatures for the signing or countersigning of checks, drafts or other orders for the payment of money, and to enter into such agreements as banks and trust companies customarily require as a condition for permitting the use of facsimile signatures, is hereby authorized and approved; and that the below individuals be, and they hereby are, authorized and directed to execute and deliver, in the name of the Corporation and each Subsidiary and under the applicable corporate seal(s) or otherwise, any and all certificates, agreements, undertakings, authorizations, and other instruments or documents as such bank or banks may require and shall be necessary or appropriate to carry out the intent and accomplish the purposes of this resolution; and that copies of any banking resolutions so executed shall be inserted in the minutes of the Corporation and each Subsidiary: Andrew J. Little fair Robert M. Vreeland: Mitchell W. Pratt: Jason John Armstrong: Laura Modlin: President and Chief Executive Officer Chief Financial Officer Chief Operating Officer and Corporate Secretary Corporate Controller U.S. Controller RESOLVED FURTHER, that the individuals listed below, and each of them hereby is, authorized, directed and empowered to prepare, execute, acknowledge, deliver and to take such other actions as such individuals may in their discretion deem necessary or appropriate to effectuate, execute and deliver such ordinary course business contracts and agreements binding the Corporation and each Subsidiary on behalf of the Corporation and each Subsidiary: Andrew J. Littlefair Robert M. Vreeland: Mitchell W. Pratt: Barclay F. Corbus: Peter J. Grace: J. Nathan Jensen: President and Chief Executive Officer Chief Financial Officer Chief Operating Officer and Corporate Secretary Senior Vice President, Strategic Development Senior Vice President, Sales and Finance Vice President and General Counsel RESOLVED FURTHER, that Chad Lindholm, the Corporation's Vice President, Sales, National Accounts, is authorized, directed and empowered to prepare, execute, acknowledge, deliver and to take such other actions as he may in his discretion deem necessary or appropriate to effectuate, execute and deliver fuel price letter agreements binding Clean Energy on behalf of Clean Energy; RESOLVED FURTHER, that all actions heretofore taken by any officer or director of the Corporation or a Subsidiary in connection with or otherwise in contemplation of the matters contemplated by any of the foregoing resolutions be, and they hereby are, approved, ratified and affirmed in all respects; and 9 RESOLVED FURTHER, that the officers of the Corporation and each Subsidiary be, and each of them hereby is, authorized and empowered on behalf of the Corporation and each Subsidiary and in its name to take or cause to be taken all actions and to execute and deliver all such instruments and resolutions that the officers of the Corporation and each Subsidiary, or any one or more of them, approve as necessary or desirable in connection with the foregoing resolutions, such approval to be conclusively evidenced by the taking of any such action or the execution and delivery of any such instrument or resolution by an authorized officer of the Corporation or a Subsidiary, as applicable. 10 Appendix 12: Price Form and Addenda Acknowledgement Marcia Walters From: Sent: To: Cc: Subject: To Weld County, Ashby McCort <Ashby.McCort@cleanenergyfuels.com> Wednesday, August 30, 2017 9:39 AM bids Toby Taylor; Elizabeth Belford NorthStar Inc. Proposal for B1700024 Below is the link to download our formal proposal for bid B1700024. I understand that "I hereby waive my right to a sealed bid". https:II adean fueis.cot i? o =E4312F 8D 6 FAB733,5ED1C353a 62. Best Regards, Ashby McCort Project Engineer NorthStar, Inc. 1600 Union Road Evanston, WY 82930 Phone: (307) 313-4790 Fax: (307) 789-8062 rww.nort Ztari, g. n 1 CERTIFICATE OF LIABILITY INSURANCE DATE (MIVI/DD/YYYY) 1/17/2018 �_: jai, . _ —_ =„ . W. , _T,�^w,.. ..: FTHIS CERTIFICATE IS ISSUED AS A IIRTTER 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 rlg.hts to the ._ certificate holder in lieu of such _.endorsement sh_.______ PRODUCER Dodge Insurance Services, Inc. DBA: Arroyo Insurance Services 3510 Torrance Blvd Suite 305 Torrance CA 90503 INSURED Clean Energy, A CA Corp. 4675 MacArthur Court, Ste #800 Newport Beach CA 92660 CLEAN4 COVERAGES CERTIFICATE NUMBE 310-356-8209 • ... : NSURER(S) AFFORDING COVERAGE _ INSURER -A..:. Federal-Insucan a Co INSURER B ; Pac_i_fic__Indemnity-. .o._. INSURER C ......... -,-INSURER D INSURER -E:: INSURER L_ REVISION_._ NUMB 310-316-1825 if 20281 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, AD L-SUBR , rot POL CY Eli, TYPE OF INSURANCE . ... ; M,, ACO COMMERCIAL GENERAL LIABILITY f• CLAIMS -MADE GENtlgaletit ;I POLICY OCCUR LIMIT APPLIES PER: AUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY r HIRED AUTOS ONLY UMBRELLA LIAB EXCESS LIAR SCHEDULED AUTOS NON -OWNED AUTOS ONLY OCCUR CLAIMS -MADE RETENTION 6 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under pesCR1 PaTION8i below 1 POLICY N M. EL- __ - IDDNYYY) MM!D 35816898 730 21999 71736418 11/30/2017 `• 11/30/2018 11/30/2017 11/30/2017 11/30/2018 11/30/2018 _LIMITS pgarence _MEQ EXPJAnyQne Person) PERSONAL:&ADV INJURY $1-0004900 $1 000 000 $ 10,000_ $.1:000,900 GENERAL AGGREGATE-_.. ? $ Z2P00L Q.U:___ PRODUCTS COMP/OPAGG' `_$2.000,000...._ COWS rte BODILY INJURY (Per person) BODILY INJURY (Per accident). $ e \ t I _.. Auto Liability Ded. P, EACH OCCURRENCE AGGREGATE. Ct. PER WNW EACH ACCIDENT OTH ESL DISEASE. -EA EMPLOYE• E:L DISEASE 7POLICY Lim ,;IONS / LOC/ ONS:/,VEHICLES,(.CORD 101, Additional Remarks Schedule, may be attached If more space Is required) 4" Y x �+ a F - ; t + A4, �dr yytt' t 4 ... 'a, /w. �{ 1F1 y�' �'��,. g��p,t y... Site ,y}si% - ^s•.a r a�'. •. .,�.., 4.., h;e +.. •. - .F...x r•'�, xy rr �,�,t "r.....F, yr,. ..'"YY�4� t 4 'tl++am�' 4-: uel iUp A. W4�l /�';S]�t��y+W�}�►t■/,��d��},� y��tgt �j�{ Y, it's vs .• � - � � -4 ^� Z i. S E�y{1�.j� + ' 4 (� � d. 4.. y��+ ��(y!� _�.^. � . 1. .r.. •��9.A' ..t :4..:" ,�� +M .�^.1W.M ii ! `61t f Wy.9s'l Byn4 �^ i w1; - x Y .45 •sr�4 � S t-* ..x / + I •-.e�tt , t._ t �ir,•�� li.�� rr �I�` , ae9nsiv ".@r�i4P'.. Mon on i s` s?�!�!"isk�4K' "�r'oxd•a4hletFb'r.l.+t . _ _ t�i►1,' r'wA.a9ww ::� s%� \ t•$- .: tt` _ � County of Weld 1150 "0" Street Greeley CO 80631 D 25 (2016/03) >:!.4;1. ,14 1FnN.4Wiav .walV.NMYflem41 er.nmvYIwu.. STOP $ 400,01000 $:1 0.00.000 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 ©1988-2015 ACORD CORPORATION. All rights feserved, The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTOMOBLE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ If CAREFULLY. COMMERCIAL. AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following::. BUSINESS AUTO COVERAGE FORM This endorsement modifies the Business Auto Coverage Form. L EXTENDED CANCELLATION CONDITION Paragraph A.2. b. —CANCELLATION - of the COMMON POLICY CONDITIONS form IL 00 17 is deleted and replaced with the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. 2. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations As Insureds The Named Insured shown in the Declarations is amended to include: 1. Any legally Incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an 'insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. 2. Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is an "insured" under any other automobile policy; (b) That has exhausted its Limit of Insurance under any other policy; or (c) 180 days or more after its acquisition or formation by you. unless you have given us written notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. —WHO IS AN INSURED —of SECTION 11- LIABILITY COVERAGE is amended to add the following: d. Any "employee" of yours while using a covered "auto" you don't own, hire or D. bon•ow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.I. -WHO IS AN INSURED -of SECTION II -LIABILITY COVERAGE is amended to add the following: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor; and (2) The "auto" is leased without a driver. Such leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. However, the lessor is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: 1. You; 2. Any of your "employees" or agents; or 3. Any person, except the lessor or any "employee" or agent of the lessor, operating an "auto" with the permission of any of 1. and/or 2. above. Persons And Organizations As Insureds Under A Written Insured Contract Paragraph A.1 -WHO IS AN INSURED - of SECTION II -LIABILITY COVERAGE is amended to add the following: f. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed under an express provision in a written 'Insured contract", written agreement or a written permit issued to you by a governmental or public authority to add such person or organization to this policy as an "insured". However, such person or organization is an 'Insured" only: Form: 16-02-0292 (Rev. 4-11) Page 1 of 3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" (1) with respect to the operation, maintenance or use of a covered "auto"; and (2) for "bodily injury" or "property damage" caused by an "accident" which takes place after: (a) You executed the "insured contract" or written agreement; or (b) The permit has been issued to you. 3. FELLOW EMPLOYEE COVERAGE EXCLUSION B.5. - FELLOW EMPLOYEE -of SECTION 11 — LIABILITY COVERAGE does not apply. 4. PHYSICAL DAMAGE —ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. —TRANSPORTATION EXPENSES -- of SECTION III —PHYSICAL DAMAGE COVERAGE is amended to provide a limit of 550 per day for temporary transportation expense, subject to a maximum limit of S 1,000. 5. AUTO LOAN/LEASE GAP COVERAGE Paragraph A. 4. --COVERAGE EXTENSIONS - of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add the following: c. Unpaid Loan or Lease Amounts In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the loan or lease for a covered "auto" minus: 1. The amount paid under the Physical Damage Coverage Section of the policy; and 2. Any: a. Overdue loan/tease payments at the time of the "loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not returned by the lessor: d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and e. Carry-over balances from previous loans or leases. We will pay for any unpaid amount due on the loan or lease if caused by: 1. Other than Collision Coverage only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; 2. Specified Causes of Loss Coverage only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto"; or 3. Collision Coverage only if the Declarations indicate that Collision Coverage is provided for any covered "auto. 6. RENTAL AGENCY EXPENSE Paragraph A. 4. —COVERAGE EXTENSIONS -of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: d. Rental Expense We will pay the following expenses that you or any of your "employees" are legally obligated to pay because of a written contract or agreement entered into for use of a rental vehicle in the conduct of your business: MAXIMUM WE WILL PAY FOR ANY ONE CONTRACT OR AGREEMENT: 1. S2,500 for loss of income incurred by the rental agency during the period of thue that vehicle is out of use because of actual damage to, or "loss" of, that vehicle, including income lost due to absence of that vehicle for use as a replacement; 2. S2,500 for decrease in trade-in value of the rental vehicle because of actual damage to that vehicle arising out of a covered "loss"; and 3. S2,500 for administrative expenses incurred by the rental agency, as stated in the contract or agreement. 4. S7,500 maximum total amount for paragraphs 1., 2. and 3. combined. 7. EXI'RA EXPENSE — BROADENED COVERAGE Paragraph A.4. —COVERAGE EXTENSIONS — of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add the following: e. Recovery Expense We will pay for the expense of returning a stolen covered "auto" to you. 8. AIRBAG COVERAGE Paragraph B.3.a - EXCLUSIONS -of SECTION III - PHYSICAL DAMAGE COVERAGE does not apply to the accidental or unintended discharge of an airbag. Coverage is excess over any other collectible insurance or warranty specifically designed to provide this coverage. 9. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT - BROADENED COVERAGE Paragraph C.2. —LIMIT OF INSURACE - of SECTION III - PHYSICAL, DAMAGE is deleted and replaced with the following: 2. 52,000 is the most we will pay for "loss" in any one "accident" to all electronic equipment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or a. b. Form: 16 02-0292 (Rev. 4 11) Page 2 of 3 , 'Includes copyrighted material of Insurance Services Office. Inc. with its permission" c. An integral part of such equipment. 10. GLASS REPAIR — WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE of SECTION III — PHYSICAL DAMAGE COVERAGE the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Paragraph D.- DEDUCTIBLE — of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add the following: If this Coverage Form and any other Coverage Fonn or policy issued to you by us that is not an automobile policy or Coverage Form applies to the same "accident", the following applies: 1. If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2, If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Paragraph A.2.a. - DUTIES IN THE EVENT OF AN ACCIDENT, CLAIM, SUIT OR LOSS of SECTION IV - BUSINESS AUTO CONDITIONS is deleted and replaced with the following: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when the "accident" is known to: (1) You or your authorized representative, if you are an individual; (2) A partner, or any authorized representative, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer, insurance manager, or authorized representative, if you are an organization other than a partnership or limited liability company. Knowledge of an "accident", claim, "suit" or "loss" by other persons does not imply that the persons listed above have such knowledge. Notice to us should include: (1) How, when and where the "accident" or 'loss' occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons or witnesses. 13. WAIVER OF SUBROGATION Paragraph A.5. - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of SECTION IV — BUSINESS AUTO CONDITIONS is deleted and replaced with the following: 5. We will waive the right of recovery we would otherwise have against another person or organization for "loss" to which this insurance applies, provided the "insured" has waived their rights of recovery against such person or organization under a contract or agreement that is entered into before such "loss". To the extent that the "insured's" rights to recover damages for all or part of any payment made under this insurance has not been waived, those rights are transfen•ed to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. 14 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph B.2. -CONCEALMENT, MISREPRESENTATION or FRAUD of SECTION IV -BUSINESS AUTO CONDITIONS - is deleted and replaced with the following: If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not void coverage under this Coverage Form because of such failure. 15. AUTOS RENTED BY EMPLOYEES Paragraph B.5. - OTHER INSURANCE of SECTION IV —BUSINESS AUTO CONDITIONS - is amended to add the following: e. Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. If an "employees" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 16HIRED AUTO — COVERAGE TERRITORY Paragraph B. 7. b. (5) . (a) - POLICY PERIOD. COVERAGE TERRITORY of SECTION IV — BUSINESS AUTO CONDITIONS is deleted and replaced with the following: (a) A covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 45 days or less; and 17. RESULTANT MENTAL ANGUISH COVERAGE Paragraph C. of - SECTION V — DEFINITIONS is deleted and replaced by the following: 'Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death as a result of the "bodily injury" sustained by that person. Form: 16-02.0292 (Rev. 4 11) Page 3 of 3 'Includes copyrighted material of Insurance Services Office, Inc. with its permission" Policy Number (16) 7352-19-89 ENDORSEMENT Named Insured CLEAN ENERGY A CA CORPORATION Agent Name ARROYO INS. SERVICES, ,INC. (CASEY DODGE rTICE Off' CA E l ° N ON Sa f2YEI lx lAN This endorsement modifies oil.owinq: COMMON POLICY CONDITIONS SCHEDULE Name (s) and Address(es): If you are obligated, pursuant to a written contract or agreement, to provide notice of cancellation or nonrenewal to a erson(s) or organization(s), then we will notify such son. (s) or organisation (s) rovided that within 15 days of our requestfor such information to the first named insured or producer of record, the first na insured or producer of record provides us with a spreadsheet containing the name, mailing address and, if available, email address ` of the person (s) or organization (s). . Effective Date: 11/30/17 12:01AM., Standard Time Agent No. 06451-000 The foil wing Condition is added: Notice Of Cancellation, Non -Renewal Or Material Change In Coverage To Specified Persons Or Organizations 1• If we cancel or non -renew this policy for any reason other than on -Payment, we will deliver notice of the cancellation or non -renewal to any Person (s) Or Organization(s) shown in the Schedule 60 days prior to the effective date of cancellation or non -renewal. 2. If we c'anc'el this policy for non --payment, we will deliver notice of the cancellation to any Person(s) or Organization(s) shown in the Schedule 20 days prior to the effective date of cancellation. 3. If there is a Material change to the terms and conditions of this insurance initiated by us after the inception date, but prior to the expiration date, we will mail or deliver notice of such reduction or restriction at least days prior to the effective date of such material change to any Person(s) or Organization(s) shown in the Schedule. 4. As used herein, material change means any: a. Reduction of limits of insurance; b. Increase in deductibles; c. Addition of an exclusion;o d. Other reduction of covesra e; that results in an adjustment tothe premium. Material change does not include any reduction of limits of insurance for aid claims. 5. If notice is mailed, proof of mailing will be sufficient proof of notice. 6. Any :failure by us to notify such person (s) or organization (s) will not invalidate such cancellation, non --renewal or material change with respect to any other person(s) or organization(s). g 16-02-0252 (Ed. 1-01) CHUBS Liability Insurance Endorsement Policy Period Effective Date Policy Number Insured Name of Company Date Issued November 30, 2017 to November 30, 2018 November 30, 2017 3581-68-98 DAL CLEAN ENERGY A CA CORPORATION FEDERAL INSURANCE COMPANY November 30, 2017 This Endorsement applies to the following forms: GENERAL. LIABILITY Who Is An Insured Designated Persons Or Organizations Under Who Is An Insured, the following provision is added: Any person or organization designated below is an insured; but they are insureds only with respect to their liability arising out of your acts or failure to act. Designated Insured "Any person or organization but only to the extent specified under written contract, agreement or permit signed prior to the date of an occurrence covered by this policy." All other terms and conditions remain unchanged. Authorized Representative Liability Insurance Who Is An Insured- Designated Person Or Organization For Insured's Conduct Form 42-02-1678 (Ed. 10-01) Endorsement last page Page 1 CHUBB° Policy Conditions Endorsement Policy Period NOVEMBER 30, 2017 TO NOVEMBER 30, 2018 Effective Date NOVEMBER 30, 2017 Policy Number 3561-68-98 DAL Insured CLEAN ENERGY, A CA CORPORATION Name of Company FEDERAL INSURANCE COMPANY Date Issued November 21, 2017 This Endorsement applies to the following forms: COMMON POLICY CONDITIONS r Policy Conditions Schedule Designated Person or Organization: If you are obligated, pursuant to a written contract or agreement, to provide notice of cancellation or nonrenewal to a person(s) or organization(s), then we will notify such person(s) or organization(s) provided that within 15 days of our request for such information to the first namedinsured or producer of record, the first namedinsured or producer of record provides us with a spreadsheet containing the name, mailing address and, if available, email address of the person(s) or organization(s). Conditions Under Conditions, the following provisions are added: Notice of Cancellation When we cancel this policy we will notify person(s) or organization(s) shown in the Schedule above at least sixty (60) days (20 days in the event of non-payment of premium) in advance of the cancellation date. Any failure by us to notify such person(s) or organization(s) will not invalidate such cancellation with respect to any other person(s) or organization(s). Notice of Nonrenewal If we decide not to renew this policy, we will mail or deliver to the person or organization shown in the Schedule above written NOTICE OF CANCELLATION OR NON -RENEWAL continued Form 80-02-9310 (Ed. 4-94) Endorsement Page 1 notice of the nonrenewal not less than thirty (30) days before the expiration date. Any failure by us to notify such person(s) or organization(s) will not invalidate such cancellation with respect to any other person(s) or organization(s). All other terms and conditions remain unchanged. Policy Conditions Authorized Representative NOTICE OF CANCELLATION OR NON -RENEWAL last page Form 80-02-9310 (Ed. 4-94) Endorsement Page 2 CHUBB' Liability insurance Endorsement Policy Period Effective Date Policy Number Insured NOVEMBER 30, 2017 to NOVEMBER 30, 2018 November 30, 2017 3581-68-98 DAL CLEAN ENERGY, A CA CORPORATION Name of Company FEDERAL INSURANCE COMPANY Date Issued This Endorsement applies to the following forms: GENERAL LIABILITY Limits Of Insurance General Aagttte Limit With Per Location/Per Project And Combined Total Aggregate Liability Insurance kern 80-02-8664 (Ed. 6-06)' November 22, 2017 Under Limits Of Insurance, the following is added to the provision titled General Aggregate Limit, Subject to the Combined Total Aggregate Limit shown in the Schedule: A, a separate General Aggregate Limit will apply to the sum of amounts (that reduce the Limits Of Insurance) which we pay in connection with losses that take place at each: 1. location owned by you. 2. location rented' to you. 3, project (taking place away from premises owned by or rented to you) on which you are performing operations, Project shall be deemed to include, collectively, all locations and sites on which you are performing operations that are called for in the applicable contracts or agreements pertaining to such project, In the case that a project has been abandoned, delayed or extended, or abandoned and then resumed, or if parties to a project have changed or deviated from blueprints, designs, drawings, maps, orders, plans, specifications or timetables, such project will be deemed to be the same project despite any such modifications, Per LoceftuPro/oct Limits With combined Total Aggregate continued Enddorssmet t Page 1 Limits Of insurance General Aggregate Limit With Per Location/Per Project And Combined Total•Aggregate (continued) Definitions Location Liability Insurance Penn 80,02- 65114 (Ed. ao5) B. a separate combined single General Aggregate Limit will apply to the combined sum of amounts (that reduce the Limits Of Insurance) which we pay, other than amounts described in subparagraph A, above. The rules described in subparagraph A. above apply solely to losses that can only be attributed to a specific location or project, all other losses will be subject to the rules described in subparagraph B, above. The Combined Total Aggregate Limit shown in the Schedule is the most we will pay for the combined sum of amounts described above, regardless of the number of locations or projects. The following definition is added to this policy and replaces any similar definition contained therein. Location means premises involving the same lot or connective lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. Schedule Combined Total Aggregate Limit: $ 100,000,000 All other terms and conditions remain unchanged. Authorized Representative Per LocatioWProject Limits With Combined Total Aggregate last page Endorsement Rage 2 CF-Iutsts Liability Insurance Endorsement Policy Period November 30, 2017 to November 17, 2018 Effective Date November 30, 2017 Policy Number 3581-68-98 DAL Insured CLEAN ENERGY A CA CORPORATION Name of Company FEDERAL INSURANCE COMPANY Date Issued This Endorsement applies to the following forms: GENERAL LIABILITY Conditions Transfer Or Waiver Of Rights Of Recovery Against Others November 30, 2017 Under Conditions, the provision � .; y...� •_ titled Transfer Or Waiver Of Rights Of Recovery Against Others is deleted and replaced with the following: We will waive the right of recovery we would otherwise have had against another person or organization, for loss to which this insurance applies, provided the insured has waived their rights of recovery against such person or organization in a contract or agreement that is executed before such loss. Any waiver of our tight of recovery granted under this endorsement: applies only to payments we make for injury or damage arising out of your ongoing operations; and ends when the contract or agreement requiring such waiver ends. Liability insurance Blanket Transfer Or Waiver Of Rights Of Recovery Against Others continued Farm 42-02-1661 (Ed. 10-01) Endorsement Page 1 Transfer Or Waiver Of Rights Of Recovery Against Others (continued) Liabiity Insurance Form 42-02-1661 (Ed. 10-01) To the extent that the insnred's rights to recover all or part of any payment a this insurance have not been waived, those rights are transferred to as. The insured must do nothing after foss to impair them. At our request, the insured will bring suit to transfer those rights to us and help us enforce them. `Phis condition does not apply to medical expenses. All other terms and conditions remain unchanged. Authorized Representative Q Blanket Transfer Or Waiver Of Rights Of Recovery Against Others test page Endorsement Page 2 CHUBB' Name & Mailing Address of the Insured CLEAN ENERGY, A CA CORPORATION 4675 MACARTHUR COURT, STE 800 NEWPORT BEACH CA 92660 FEIN 954603747 Name & Address of the Producer ARROYO INS. SERVICES, INC. (CASEY DODGE 3510 TORRANCE BL., #305 TORRANCE CA 90503 Producer Number 9-06451 000 Attached to and Forming Part of Policy Number (17)7173-64-18 Policy Period 11/30/17 to 11/30/18 Effective Date 11/30/17 Name of Company PACIFIC INDEMNITY COMPANY N.C.C.I. Carrier Code 10685 Endorsement Number WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY NOTICE OF CANCELLATION OR NON -RENEWAL TO SPECIFIED PERSONS OR ORGANIZATIONS This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. The following Condition Is added to PART SIX - CONDITIONS: Notice Of Cancellation Or Non -Renewal To Specified Persons Or Organizations 1. If we cancel or non -renew this policy for any reason other than non-payment, we will deliver notice of the cancellation or non -renewal to any Person(s) or Organization(s) shown In the Schedule sixty (60) days prior to the effective date of cancellation or non -renewal. 2. If we cancel this policy for non-payment, we will deliver notice of the cancellation to any Persons or Organizations shown in the Schedule twenty (20) days prior to the effective date of cancellation. 3. If notice is mailed, proof of mailing will be sufficient proof of notice. 4. Any failure by us to notify such person(s) or organization(s) will not invalidate such cancellation or non - renewal with respect to any other person(s) or organization(s). SCHEDULE Name(s) and Address(es): **This endorsement is not applicable for use in the states of Arizona and Florida** Issue Date 11/21/17 146 LAO ERG WC 99 06 08 (Rev. 5-88) (Formerly 08-02.0035) CHUBB° All Other Terms and Conditions Remain Unchanged Authorized Representative Issue Date 11/21/17 146 LAO ERG WC 99 06 08 (Rev. 5-88) (Formerly 08-02-0035) issued to CLEAN ENERGY, A CA, CORPORATION Endorsement No. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 124 (4-84) WC 00 03 13 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which ft is attached effective on the Inception date of the policy unless a different date is Indicated below, (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 11-30-2017 at 12:01 A. M, standard time, forms a part of (DATE) Policy No. (15)7173-64-18 of the PACIFIC INDEMNITY COMPANY (NAME OF INSURANCE COMPANY) Authorized Represents We have the right to recover our payments from anyone liable for an injury covered by Ibis policy. We will not enforce our right against the person or organization named in the Schedule, This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us,' This agreement shall not operate directly or Indirectly to benefit any one not named in the Schedule. Schedule WC 124 (4-84) WC000313 ANY PERSON OR ORGANIZATION WHEN REQUIRED BY WRITTEN CONTRACT SIGNED PRIOR TO THE DATE OF AN OCCURRENCE COVERED BY THIS POLICY, CopyrIght 1983 National Council on Compensation Insurance. Page 1 of 1 LABOR & MATERIALS PAYMENT BOND (PAGE 1 OF 2) PROJECT; Weld County CNG Fuel Site Upgrade Issued in Duplicate Bond No. 0214155 KNOW ALL MEN BY THE PRESENTS; that Wyoming NorthStar incorporated registered to do business as Clean Energy Cryogenics (Name of Contractor) 1600 Union Road, Evanston, WY 82930 (Address of Contractor) , hereinafter called Contractor, and a (Corporation, Partnership, or Individual) Berkley Insurance Company (Name of Surety) 215 Shuman Blvd., Naperville, IL 60563 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) P.O. Box 758. 1111 H Street, Greeley. Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of One Million Three Hundred Thousand Six Hundred Fifty and 00/100 Dollars ($1,300,650.00 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 9th day of January , 2018, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: Weld County CNG Fuel Site Upgrade described in the Invitation for Bids, Bid No. B1700124. 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. BID NO* B1700124 Page 59 LABOR & MATERIALS PAYMENT BOND (PAGE 2 OF 2) PROJECT: Weld County CNG Fuel Site Upgrade 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. IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this 16th (SEAL) Contractor) Secretary (Witness as to Contractor) day of January , 2018. Wyoming NorthStar Incorporated registered to do business as Clean Energy Dlypoenics (Address) ATTEST: (SEAL) (Surety) Secretary Melissa Schmidt Witness a§`to Surety Kelly A. Gardner 1411 Opus Place, Suite 450 (Address) Downers Grove, IL 60515 1600 Union Road (Address) Evanston, WY 82930 By _ James I. Moore 1411 Opus Place, Suite 450 (Address) Downers Grove, IL 60515 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* B1700124 Page 60 ile No. BI -112c a -c: POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: James L Moore; Stephen T. Kamer; Bonnie Kruse; Dawn L. Morgan; Kelly A. Gardner; Jennifer J. McComb; Mary Beth Graff,• Elaine Marcus; Melissa Schmidt; Tariese M. Pisciotto; Diane M. Rubright; or Sinem Aydin of HUB International Midwest Limited dba HUB International Scheers of Westmont, IL its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney -in -fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Co .- corporate seal Ise affixed this AJ y Attest: c (Seal) By _ Ira S. Senior Vice President & Secretary 2 C. v T O ^� s7. a' these ts- to be signed and attested by its appropriate officers and its 2016. Insurance Company President WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "B RKLEY" SECURITY PAPER. STATE OF CONNECTICUT ) ) s3: COUNTY OF FAIRFIELD Sworn to before me, a Notary Public in the State of Connecticut, this day of * J , 2016, by Ira S. Lederman and s,. -6 Jeffrey M. Hafter who are sworn to me to be the Senior Vice President and Se a d the Senior Vice ttt, thsse ively, of Berkley Insurance Company. MARIA C. RUNDBAKEN ' , , �, j n NOTARY PUBLIC r MY COMMISSION EXPIRES Notary Public, Stale of Connecticut u APRIL 30, 2019 CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this 16th day of January, 2018 (Seal) State of Illinois } I ss. County of DuPage } On January 16, 2018, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared James I. Moore known to me to be Attorney -in -Fact of Berkley Insurance COmpanythe corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Cc smission Expires 05113/20 er, Notary Public OFFICIAL SEAL KELLY A. GARDNER NOTARY PUBLIC, STATE OF ILLINOIS My Commission Expires May 13, 2020 PERFORMANCE BOND (PAGE 1 OF 2) PROJECT: Weld County CNG Fuel Site Upgrade KNOW ALL MEN e THE PRESENTa; that Wyoming North War incorporated registered to do business as Clean Energy Cryogenics (Name of Contractor) 1600 Union Road, Evanston, WY 82930 Issued in Duplicate Bond No. 0214155 (Address of Contractor) Contractor, and a (Corporation, Partnership, or Individual) Berkley Insurance Company (Name of Surety) 215 Shuman Blvd., Naperville, IL 60563 hereinafter called (Address of Surety) hereinafter called surety, are held and firmly bound unto Wel4 County. Colorado (Name of Owner) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Address of Owner) One Million Three Hundred Thousand Six Hundred Fifty hereinafter called Owner, in the penal sum of and 00/100 ($1,,300,650.00) Dollars, ($ ), 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 9th day of January and made a part hereof for the construction of: , 2018 a copy of which is hereto attached PROJECT: Weld County CNG Fuel Site Upgrade described in the Invitation for Bids, Bid No. B1700124. 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. BID NO # B1700124 Page 57 PERFORMANCE BOND (PAGE 2 OF 2) PROJECT; Weld County CMG Fuel Site Uoorade 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. IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this 16th (SEAL) (Contractor) Secretary day of January (Witness as to Contractor) (Address) ATTEST:. (St (SEAL) Secretary Melissa Schmidt Kelly'A, Gardner Witness as to Surety 1411 Opus Place, Suite 450 (Address) Downers Grove, IL 60515 , 20j. Wyoming NorthStar incorporated registered to do business as Clean Fnergy Cryogenics By Contractor 1600 Union Road (Address Evanston, WY 82930 1411 Opus Place, Suite 450 (Address) Downers Greve IL 6Q515 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 # B1700124 Page 58 No. BI -112c POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly g. organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted v and appointed, and does by these presents make, constitute and appoint: James L Moore; Stephen T. Kazmer; Bonnie Kruse; •- Dawn L. Morgan; Kelly A. Gardner; Jennifer J. McComb; Mary Beth GraffElaine Marcus; Melissa Schmidt; Tariese M. Pisciotto; Diane M. Rubright; or Sinem Aydin of HUB International Midwest Limited dba HUB International Scheers of 5 Westmont, IL its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no 3' single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.S50,000,000.00), to the same extent as if such bonds I) had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. r, o a This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, c without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following v, y resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: E ° .- RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief •6 E Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant c Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to '� execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney -in -fact and revoke any power of attorney previously granted; and further F 17 RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or > other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner .E 7 and to the extent therein stated; and further c cm tr, RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and c• = further 5 RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or 7 •4: other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as -J E though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any 0 person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. o a o s IN WITNESS WHEREOF, the C has caused these resents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this ay of 2016. Attest: ,rte' j/..�-^'^"Belt ey Insurance Company -v (Seal) By Ira S. o ti Senior Vice President & Secretary WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE ":.RKLEY" SECURITY PAPER. STATE OF CONNECTICUT ) ss: COUNTY OF FAIRFIELD ) E. Sworn to before me, a Notary Public in the State of Connecticut, this'day of ` � / , 2016, by Ira S. Lederman and Jeffrey M. Hafter who are sworn to me to be the Senior Vice President and Secre , au the Senior Vice dent, jrespectively, of a Berkley Insurance Company. MARIA C. RUNOBAKEN %`/ NOTARY PUBLIC t MY COMMISSION EXPIRES : APRIL 30, 2019 v CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this 16th day of January, 2018,, (Seal) Rafter President Notary Public, State of Connecticut Vincent P. Forte State of Illinois } } ss. County of DuPage ) On January 16.2Q18, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Janapa 1. Moore known to me to be Attorney -in -Fact of Derkley Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Cod tttission Expires y A drier, Notary Public OFFICIAL SEAL KELLY A. GARDNER NOTARY PUBLIC, STATE OF ILLINOIS My Commission Expires May 13, 2020 1x61 _ Tr __COUNTY� MEMORANDUM Date: September 18, 2017 To: Board of County Commissioners From: Elizabeth Relford, Deputy Director RE: Bid Request No. B1700124 — CNG Fueling Station Upgrade Bids were received and opened on August 30, 2017 for a design/build turnkey facility for the construction of a compressed natural gas fueling station within Weld County's NFRMPO boundary. Three bids were received for the project and the amounts ranged from $2,215,755 to $2,514,292 with the lowest responsive bid submitted by Wyoming Northstar, Inc. from Evanston, Wyoming. CDOT Region 4 required Weld County to enter into a new IGA contract for FY17-19 remaining CMAQ funding, which was executed on 10/12/17. CDOT, by email, provided concurrence of award on October 20, 2017. The North Front Range MPO funding is for $780,000. It is the county's responsibility to fund the remaining $1,435,755 of the project. This amount has been budgeted since last year, therefore, staff recommends awarding the low bid to Wyoming Northstar, Inc. in the amount of $2,215,755. ' Ct1-309a EC.9 OO -7 Ci Stephanie Frederick From: Sent: To: Cc: Subject: Attachments: Marcia, Elizabeth Relford Friday, October 20, 2017 4:33 PM Marcia Walters Rob Turf; Toby Taylor; Stephanie Frederick FW: Concurrence of Award - CNG Station EXECUTED --22260 Weld County OLA 331001685_18-HA4-XC-00014.pdf CDOT said we can award the bid, but that's it, see email below. Elizabeth Relford Deputy Director Weld County Public Works 1111 H Street PO Box 758 Greeley, CO 80632-0758 Email: erelford@co.weld.co.us Office: (970) 400- 3748 Mobile: (970) 673-5836 Web: http://www.co.weld.co.us 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: Schuch - CDOT, Jake [mailto:jake.schuch@state.co.us] Sent: Friday, October 20, 2017 4:20 PM To: Elizabeth Relford <erelford@weldgov.com> Subject: Re: Concurrence of Award - CNG Station Hi Elizabeth, You can award the project but we will still have to clear the project for utilities, ROW and environmental impacts before they can start construction in the field. In addition, I submitted the budget request today for $780,000 since I just found out yesterday that the additional funding request was dropped. Work won't be eligible for reimbursement until the budget is authorized by FHWA which typically takes 5-10 business days. During that time you will probably working on the contract with your contractor so hopefully that doesn't cause a delay. The executed CDOT contract for the project is attached. Please keep me in the loop as your contractor starts to design their layout so that our staff and the contractor can complete clearances before construction. When you have a plan 1 020/ 7 369°,2- developed we should probably have FOR type of meeting to review the plan with our environmental staff since that clearance will require the most work. If you have any other questions let me know. Thanks, jake Schuch EIT II - Traffic P 970.350.2205 I C 970.301.2129 10601 West 10th Street, Greeley CO 80634 jake.schuch®state.co.us I www.codot.gov I www.cotrip.org �,e System Techno'o y Our goal --to be the best DOT ROAD AK On Fri, Oct 20, 2017 at 3:39 PM, Elizabeth Relford <erelford@weldgov.com>wrote: Hi Jake, The CNG Station is showing up again on the BOCC agenda and I was hoping to get concurrence for award on it? Let me know if that will be possible? Otherwise, I will ask for a continuance until Wednesday. Thanks, Elizabeth Elizabeth Relford Deputy Director Weld County Public Works 1111 H Street PO Box 758 Greeley, CO 80632-0758 2 Email: erelford@co.weld.co.us Office: (970) 400- 3748 Mobile: [970) 673-5836 Web: http://www.co.weld.co.us 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. 3 DATE OF BID: AUGUST 30, 2017 REQUEST FOR: CNG FUEL SITE REMODEL BID NO: #B1700124 DEPARTMENT: PUBLIC WORKS DEPT PRESENT DATE: SEPTEMBER 6, 2018 APPROVAL DATE: SEPTEMBER 20, 2017 WELD COUNTY PURCHASING 1150 O Street Room #107, Greeley CO 80631 E-mail: mwalters(a�co.weld.co.us E-mail: reverett(c�co.weld.co.us Phone: (970) 400-4222 or 4223 Fax: (970) 336-7226 (MOVED TO OCT 23, 2017) TURN -KEY BID VENDOR TOTAL WYOMING NORTHSTAR INC REGISTERED AS CLEAN ENERGY CRYOGENCIS IN COLORADO 1600 EVANS RD EVANSTON WY 82930 CGRS INC 1301 ADADEMY CT FT COLLINS CO 80524 WARD ENERGY 3524 DRAFT HORSE CT LOVELAND CO 80538 THE BIDS ARE BEING REVIEWED AT THIS TIME. $2,215,755.00 $2,302,172.00 $2,514,292.25 020/7- 30 9ab 6100-79.- MEMORANDUM Date: September 18, 2017 To: Board of County Commissioners From: Elizabeth Relford, Deputy Director RE: Bid Request No. B1700124 — CNG Fueling Station Upgrade Bids were received and opened on August 30, 2017 for a design/build turnkey facility for the construction of a compressed natural gas fueling station within Weld County's NFRMPO boundary. Three bids were received for the project and the amounts ranged from $2,215,755 to $2,514,292 with the lowest responsive bid submitted by Wyoming Northstar, Inc. from Evanston, Wyoming. CDOT Region 4 is requiring Weld County to enter into a new IGA contract for FY17-19 remaining CMAQ funding. This project is currently contracted through CDOT Headquarters. Therefore, Public Works is requesting continuing the bid award until CDOT provides concurrence for award. Weld County risks losing the grant funding if the Commissioners award the bid prior to receiving concurrence of award from CDOT. CDOT is optimistic we can have the new IGA executed close to the same timeframe as the October MPO meeting. The IGA will only reflect the $780,000 until the MPO approves the Transportation Improvement Program (TIP) amendment shifting a portion of the vehicle funding to the station upgrade. CDOT will not give Weld County concurrence of award until the MPO agrees to the change. 0117- 3OR'cd .06)7cf WELD COUNTY PURCHASING 1150 O Street Room #107, Greeley CO 80631 E-mail: mwaltersco.weld.co.us E-mail: reverett(c�co.weld.co.us Phone: (970) 400-4222 or 4223 Fax: (970) 336-7226 DATE OF BID: AUGUST 30, 2017 REQUEST FOR: CNG FUEL SITE REMODEL BID NO: #B1700124 DEPARTMENT: PUBLIC WORKS DEPT PRESENT DATE: SEPTEMBER 6, 2018 APPROVAL DATE: SEPTEMBER 20, 2017 TURN -KEY BID VENDOR TOTAL WYOMING NORTHSTAR INC REGISTERED AS CLEAN ENERGY CRYOGENCIS IN COLORADO 1600 EVANS RD EVANSTON WY 82930 CGRS INC 1301 ADADEMY CT FT COLLINS CO 80524 WARD ENERGY 3524 DRAFT HORSE CT LOVELAND CO 80538 THE BIDS ARE BEING REVIEWED AT THIS TIME. 911.4, $2,215,755.00 $2,302,172.00 $2,514,292.25 2017-3092 Hello