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Home My WebLink About20162848.tiffLv4r&c i L.4-+ PORE CHANGE ORDER NO. 1 WATTENBERG WATER SYSTEM IMPROVEMENTS PROJECT Date: March 17, 2917 Project: WATTENBERQWATER SYSCEiM IMPROVE B1600134. County: Weld County_ Colorado Contractor: Integrated Water Services, Inc,___ The following change is hereby made to the Contract Documents: CHANGE TO CONTRACT PRICE: Original Contract Price: $438.190 Current Contract Price adjusted by previous Change Order: $0 The Contract Price due to this Change Order will be increased by: $3,800 The new Contract Price, including this Change Order, will be: $441,900 CHANGE TO CONTRACT TIME: The Contract Time will be increased by 61 calendar days. The date for completion of all Work will be May 31.2017 RECOMMENDED: County Representative: Engineer. `t APPROVAI4S1 Julie A. Cozad (Chair) Contractor: • ;`[ rr 4/1,+ J Date: 3/20/1 County: %L, Xlf f l Date: 3/' / 6g MAR 272017 Date: Dale: £. -/ // 02o i4, - S 1Y .6673 MEMORANDUM TO: DATE: FROM: SUBJECT: Clerk to the Board September 21, 2016 Elizabeth Relford, Transportation Manager Wattenberg Water Systems Improvements Contract — Integrated Water Systems, Inc. On September 12, 2016, the BOCC approved an emergency award for B1600134 to Integrated Water Services, Inc. for $438,100. Public Works and Integrated Water Services, Inc. collaborated to reduce the project scope of work in order to complete the needed water system improvements for Wattenberg within the available grant budget of $439,847. Therefore, we request the Board to enter into a contract with Integrated Water Services, Inc., to construct the Wattenberg water system improvements for an amount not to exceed $438,100. This project is being funded through a Department of Local Affairs (DOLA) Community Development Block Grant (CDBG) for $648,500. Approximately, $88,200 of this funding was contracted with JVA, Inc. to design the water system improvements. Staff recommends approval of the contract. I am available to answer any questions you may have. Doc #2016-2848 Bid #B1600134 4&( -rip /e,6) /dam/ 4)(te) oZ_O/i- %WY CG O673- BID REQUEST NO. B1600134 SET NO. WELD COUNTY DEPARTMENT OF PUBLIC WORKS CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR THE WATTENBERG WATER SYSTEM IMPROVEMENTS PROJECT September 15, 2016 Weld County Public Works P.O. Box 758 1111 H Street Greeley, Colorado 80632 970-304-6496 0.96/6 yg &Goo v3 Section No. Subject No. of Pages DIVISION 1 - GENERAL REQUIREMENTS 01010 Summary of Work 01010A United Power Application 010108 Great Plains Structures Tank Package 01020 Geotechnical Report 01020A Geotechnical Engineering Report 01020B AJ Ventures Pothole Documentation 01039 Coordination and Meetings 01080 Identification Systems 01200 Payment Procedures 01340 Shop Drawings, Product Data, and Samples 01380 Construction Photographs 01400 Quality Control 01500 Construction Facilities and Temporary Controls 01550 Cutting and Patching 01600 Materials and Equipment 01650 Starting of Systems 01700 Contract Closeout 01730 Operation and Maintenance Data DIVISION 2 - SITE WORK 02220 Demolition 02300 Earthwork 02370 Erosion and Sedimentation Control 02510 Water Distribution System 02676 Disinfection of Water Systems 02740 Asphaltic Concrete Paving 02950 Seeding DIVISION 3 - CONCRETE 7 4 62 1 27 8 6 3 7 13 7 12 7 6 5 17 6 33 4 12 7 03300 Cast -In -Place Concrete 18 ii DIVISION 6 - WOOD, PLASTICS, AND COMPOSITES 06100 Rough Carpentry 06175 Prefabricated Wood Trusses DIVISION 7 - THERMAL AND MOISTURE PROTECTION 07200 07465 07600 07611 07900 Insulation Metal Siding Flashing and Sheet Metal Sheet Metal Roofing Joint Sealers DIVISION 8 - OPENINGS 08100 08331 08710 Hollow Metal Doors Overhead Coiling Doors Door Hardware DIVISION 9 - FINISHES 09772 Fiberglass Reinforced Wall Panels 09900 Coatings DIVISION 11 — EQUIPMENT 11216 Submersible Well Pump 11305 Centrifugal Pumps 11460 Chemical Metering Pumps and Accessories DIVISION 13 - SPECIAL CONSTRUCTION 13122 Pre -Engineered Fiberglass Shelter DIVISION 15 - MECHANICAL 15010 Basic Mechanical Requirements 15060 Pipe and Pipe Fittings 15075 Mechanical identification 15090 Supports and Anchors 15100 Valves, Cocks and Hydrants 15835 Exhaust Fans 15850 Air Outlets and Inlets 4 3 3 2 3 8 4 5 5 3 4 9 5 9 5 8 7 14 2 5 8 2 2 Ill 15950 Testing, Adjusting, and Balancing DIVISION 16 - ELECTRICAL 16050 Basic Electrical Materials and Methods 16150 Variable Frequency Drives and Control Equipment 16200 Electric Motors 16250 Engine Generators: Natural Gas 16280 480 Volt Automatic Transfer Switch 16900 Instrumentation and Controls l2 21 4 6 1 9 INVITATION FOR BIDS B1600134 Public Notice is hereby given that Weld County, Colorado, hereinafter referred to as the "County" will receive sealed Bids for the WATTENBERG WATER SYSTEM IMPROVEMENTS PROJECT. This project is a Federal Aid Project with compliance requirements including but not limited to: Certification of EEO Compliance and HUD Federal Labor Standards Provisions (Davis -Bacon) heavy wage and building wage determination number CO160012 dated 6/3/2016 and determination number CO 160039 dated 7129/2016. The project in general consists of constructing water system improvements within the Wattenberg Improvement Association in the County. The project includes coordination with the water storage tank manufacturer for construction of the tank, demolition and disposal of the existing water storage tank, construction of a new water treatment facility building, all site piping and process piping, and distribution system piping improvements. A mandatory pre -bid conference will be held on Wednesday, August 24, 2016 at 10:00 AM, at the Wattenberg Community Building, located at 1958 Grace Avenue, Ft. Lupton, CO 80621. Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. Bids will be received up to, but not later than Thursday, September 8, 2016 at 10:00 AM (WELD COUNTY PURCHASING TIME CLOCK). Bids may be mailed to: Weld County Purchasing Department, 1150 "0" Street, P.O. Box 758, Greeley, CO 80632. Such bids will be publicly opened and read aloud at the above stated place and time. E -mailed bids and faxed bids may be sent prior to the bid opening to: mwalters@co.weld.co.us or reverett@co.weld.co.us. An e-mail confirmation will be sent when we receive your bid/proposal. 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". Please call Purchasing at (970)-336-7225 if you have any questions regarding bid/proposal submission procedures. Each Bid shall be made on the forms included in the Contract Documents and no Bidder may withdraw his Bid for a period of sixty (60) days from and after the date set for opening of Bids. Each Bid must be accompanied by a Bid Bond on an approved form in an amount equal to five percent (5%) of the Bid price, made payable to the Board of County Commissioners, County of Weld, State of Colorado, which shall be considered as liquidated damages and shall be forfeited to the County if said Bid is accepted and the Bidder fails to execute the Contract and file the required Documents within ten (10) days after the acceptance of the Contractor's Bid by the Board of County Commissioners. The successful Bidder will be required to furnish, as part of the Contract Documents, an insurance certificate in the amount specified in the Contract Documents, a Performance Bond and Labor & Materials Payment Bond, each in an amount equal to 100% of its Contract price including Force Account items, said bonds to be issued by a responsible corporate surety approved by the Board of County Commissioners and shall guarantee the faithful performance of the Contract and the terms and conditions therein contained and shall guarantee the prompt payment of all materials and labor and protect and save harmless the County from claims and damages of any kind caused by the operations of the Contractor. The Board of Weld County Commissioners reserves the right to reject any or all bids, to waive any informality in bids, and to accept the bid that, in the opinion of the Board, is in the best interests of the Board and of the County of Weld, State of Colorado. Weld County disseminates all bids and requests for proposals through the Rocky Mountain E -Purchasing System website at: http://www.RockyMountainBidSystem.com. Bid and proposal information is also available on the Weld County Purchasing website at http://www.co.weld.co.us/Departments/Purchasing/index.html located under Current Requests for Bids. Weld County, Colorado By: Trevor Jiricek Director of General Services Published Date: August 17, 2016 - Greeley Tribune August 19, 2016 - Daily Journal 1 INSTRUCTIONS TO BIDDERS l INTRODUCTORY INFORMATION 1.1 Terms Defined: Terms used in these instructions to Bidders and elsewhere throughout the Contract Documents are defined in the General Conditions. 1.2 Qualification of Bidders: Qualification statements, attached with this document, are required to be completed by Bidders. Failure to submit qualifications may be cause for rejection of Bids. The County shall consider the following criteria in evaluating the Bidder's qualifications following the opening of Bids: 1.2.1 Experience and performance records on similar work. 1.2.2 Ability to complete the Work within the Contract Time. 1.3 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. In addition, attention of Bidders is particularly called to the requirements concerning the payment of not less than the prevailing wage and salary rates specified in the Contract Documents and the conditions of employment with respect to certain categories and classifications of employees. The rates of pay set forth under the attached wage determinations for this project are the minimums to be paid during the life of the Contract. It is therefore the responsibility of Bidders to inform themselves as to Davis -Bacon and Related Act requirements as well as to the local labor conditions such as the length of work day and work week, overtime compensation, health and welfare contributions, labor supply and prospective changes or adjustments of rates. 1.4 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. Because of the time required to publish and deliver, 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. 1.5 Insurance Requirements: Unless otherwise noted, the Contractor shall be responsible for meeting the insurance requirements listed in the CDOT Standard Specifications, Section 107.15. 2. THE BID 2.1 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, in ink 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. 2.2 Experience Statements: The Contractor shall complete the Statement of Qualifications contained herein. If 2 requested by Weld County, a Statement of Qualifications will be completed for the Subcontractors listed by the Contractor within 72 hours of the request. "The Contractor will insert in any subcontract the Federal Labor Standards Provisions contained herein and such other clauses as the Department of Housing and Urban Development or Colorado Department of Local Affairs may, by instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made." 2.3 Submission of Bid: Bid Documents and other information shall be sealed in an envelope marked with the Contract title, the name and address of the Bidder, and addressed to the address designated in the Invitation to Bid. Deliver sealed Bid to the address designated in Invitation to Bid. 2.4 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 telegraphic communication at any time prior to the time set for receiving Bids provided the instruction is positively identified. Any telegraphed modification should not reveal the amended Bid price, but should provide only the addition, subtraction or modification. A duly executed document confirming the telegraphed modification shall be submitted within three days after Bids are opened. The County may at his sole discretion, release any Bidat any time. 2.5 CDBG Contract Provisions: Bids shall conform to all federal requirements. Attention is called to the fact that not less than the minimum salaries and wages as set forth in the Contract Documents must be paid on this project, and that the Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex, or national origin. (Davis Bacon Wages) In the event that the bidder anticipates hiring employees to work on this job, the bidder should contact the local manpower office for qualified candidates. (Section 3) 3. AWARD AND EXECUTION OF CONTRACT 3.1 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. The 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. 3.2 Evaluation of Bids: The evaluation of Bids will include consideration of Subcontractors and suppliers. All Bidders shall submit a list of all Subcontractors he expects to use in the Work with the Bid. The experience statement with pertinent information on similar Projects shall be furnished with the name of each Subcontractor proposed to perform work on the project. The use of Subcontractors listed by the Bidder and accepted by County prior to the Notice of Award will be required in the performance of the Work. All Bidders shall submit with their Bid a list of the suppliers as indicated in the Bid Forms. 3.3 Contract Execution: The successful Bidder shall be required to execute the Contract and to furnish the Performance Bid, Labor & Materials Payment Bond and Certificate of Insurance within ten (10) calendar days of receipt of the Notice of Award. The Certificate of Insurance shall name Weld County as additional insured. Failure to execute the contract and furnish the required paperwork within the time frame mentioned above shall be just cause for the annulment of the Award and, in the event of such annulment, the Award may then be made to another Bidder, or the County may reject all Bids or call for other Bids. The County, within ten (10) days of receipt of acceptable Performance Bid, Labor & Materials Payment Bond, and signed Contract from the successful Bidder will issue the Notice to Proceed. 3 4. 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 the County. Accompanying each bond form shall be "Power of Attorney" authorizing the attorney in fact to fund the surety company and certified to include the date of the bond. The Bidder shall deliver the Bonds to the County not later than the date of execution of the Contract. 5. INDIRECT COSTS 5.1 Governmental Fees: The cost of all construction licenses, building and other permits, and governmental inspections required by public authorities for performing the Work, which are applicable at the time Bids are opened and which are not specified to be obtained by the County, shall be included in the Bid price. 5.2 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. 5.3 Tests and Inspections: Tests, inspections and related activities called for throughout the Bid Documents are a responsibility of the Contractor unless specified otherwise. The Bid prices shall include all costs arising from such responsibility. 5.4 Utilities: Unless otherwise specified, the Bidder shall include in his Bid the cost of all electrical, water, sanitary, gas, telephone, and similar facilities and services required by him in performing the Work. 5.5 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. 6. SITE CONDITIONS 6.1 Familiarization with the Site: The prospective Bidder shall by careful examination, satisfy himself of the following: 6.1.1 Nature and location of the site where the Work is to be performed. 6.1.2 Character, quality, and quantity of surface and subsurface materials, water, structures and utilities to be encountered. 6.1.3 Character of construction equipment and facilities needed for performance of the Work. 6.1.4 General local conditions. 6.1.5 Availability of lands as set forth in the General Conditions. 6.2 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. 7. CONTRACTOR HIRING PRACTICES- ILLEGAL ALIENS Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5-101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5- 102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under 4 G.R.S. S-17.5-102 by the Colorado Department of Labor and Employment. if Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Weld County may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Contractor. 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 this 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. 24-765-103(4) if such individual applies for public benefits provided under this 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 this Contract. 8. EQUAL EMPLOYMENT OPPORTUNITY Attention of Bidders is particularly called to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, color, religion, sex, or national origin. The contractor will be required to take affirmative action to ensure that employees and applicants for employment are not discriminated against. "SECTION 3" COMPLIANCE IN THE PROVISION OF TRAINING, EMPLOYMENT AND BUSINESS OPPORTUNITIES • Section 3 requires recipients and contractors to make a good faith effort to utilize Section 3 area residents as trainees and employees in connection with this project. • Section 3 also requires recipients and contractors to make a good faith effort to award contracts to Section 3 business concerns for work in connection with this project. • Section 3 requires recipients and contractors to document their Section 3 good faith efforts taken and the results of these actions. • For purposes Section 3 training and employment, the Section 3 area is the unit of general local government. For purposes of contracting, the Section 3 area is the county in which the project is located. Compliance with this requirement should not be construed to mean that the state's grantee can exclude all outside the Section 3 trainees, employees, and contractors in favor of local concerns. It is the policy of this program that contractors hired under this program be the LOWEST QUALIFIED BIDDER regardless of location. The state grantee is responsible for making a good faith effort TO NOTIFY potential beneficiaries, that the grantee's project is available. This should be done in conjunction with the normal bidding process. The actual selection of the LOWEST QUALIFIED BIDDER must be done treating all bidders equally. BONUS OR PREFERENCE POINTS FOR BEING IN A "SECTION 3" AREA NOT PERMITTED. 5 BID PROPOSAL To: Weld County Purchasing Department P.O. Box 758, 1150 "O" Street Greeley, Colorado 80632 Attention: Trevor Jiricek, General Services Director Bid Proposal for: WATTENBERG WATER SYSTEM IMPROVEMENTS 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. Bid Documents including the Bid, the Bid Guaranty, Federal Labor Standards HUD -4010, the Non -Collusion Affidavit and the Statement of the Bidder's Qualifications shall be submitted as one bid package. 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. The Bidder by the execution of the Contract shall in no way be relieved of any obligation under it due to his/her failure to receive or examine any form or legal instrument or to visit the site and acquaint himself with the conditions there existing and Weld County will be justified in rejecting any claim based on facts regarding which he/she should have been on notice as a result thereof 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 County 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 Articles on Time for Completion and Liquidated Damages of the General Conditions of the Contract. 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 ten (10) days from the date of Notice of Award. 6 METHOD OF AWARD The County reserves the right to reject any Bid from any Bidder whom the County deems is unfit or unqualified to complete the Work as specified regardless of the amount of the Bid. It is understood by the Bidder how Bids shall be awarded and that should the cost of the Bid exceed budgeted funds, the County 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 County 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. 7 TOTAL PRICE (DOLLARS) I ,..,. �- ($0,?,, UNIT PRICE (DOLLARS) to (b_ 0 0 0 oCe) 2 ! L), v E o 0 , ..b 0 o t zisks4. co t Lis- .-V7+.,,. it. to 0 i\ 43 - it Q) (4) 0:4 ^ c.i. % _-s-. ``i {M/ ,vii/ rf ` UNIT PRICE (WRITTEN WORDS) 4 1301 Sodium Hypochlorite Shed 1 LS 1 1 Iri J 11 ,,k tersr 1.1 e) I 4 r , .Nt s 4 (c2) 1/4{ , re ~ Z D (I) J cn �J U) J U) J Cl') J U) J v) _1 v7 J CO J v) _t 4 W d W d W d Ui d W d W d W 4 LU W 4_ r r r 'T' r T'- r T T- r r r N r C) C1i COM4.2 r c r BID SCHEDULE: ITEM DESCRIPTION Mobilization / Demobilization Erosion Control Demolition Relocation of Existing Equipment Earthwork L_ Site Piping Water Treatment Building Groundwater Well Pump Spare Distribution Pump RO Skid Feed Pump Submersible Tank Mixer Chemical Feed Pump Chemical Mixer Double Wailed Chemical Tank Double Wailed Waste Tank Ialtic Concrete Paving a Avenue Looping II cow ,m► (o r 0 r a N 0 co 0 7' 0 CD 0 t•-• 0 CX) 0 Cp r r r 0 N 0 Co 0 'Tr O to O Co 0 %`• 0 6U 0 r H a r 0 N O 0 N O N 0 N O N O N 0 N O N O r r r r• T- r s- r Z--. r r r r r r TOTAL PRICE (DOLLARS) FA tg b � ti' s o o r--. 0 c Q o �- ,ou UNIT PRICE (DOLLARS) 0 0 0 (WRITTEN WORDS) Seventy-six hundred dollars Forty thousand dollars ~ Z CO _1 CO J Cl) J CO J (I) J Q w d LL I Z CI < _ a r r r r r r f BID SCHEDULE: ITEM DESCRIPTION Process Piping � f V CL > T i 8 .L U O W Instrumentation and Controls Generator and ATS United Power Overhead Transformer Upgrade Minor Contract Revisions HZ in 10 CD CO c t0 (Cs *INCLUDE ALL FORCE ACOUNT ITEMS IN BID and Distribution System Looping) .03 O W •as AR -5 . \-v. 2 --� J M� ^ W L s a) N iC g o. �• a. 4a H0 Total Bid (Written Words) Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words will govern. , 4.4 t 0 w 1-4t gi 4-4 cs b 74 ci U -. Ca a.) O -0 0" Ill? o a) a trillaq 41 4 4-4 ca 15-1 4 V) I ezi :� rPn-ea -d .r.• t a, .l 'S �,• i-4 tt ' bb o o o;15 Wel ~" -OO a) -4;-:l I- 0 4:10 ;, b L.a) Tci a. c u b a n Q o o ct -O o >\4 a OS k Q Cd 1.4 Cd 01 o - a o 0 a o o +� 0) b 19 2 A a 7-41 at k EA .o �, 4; iT,+N a U .d 0 ., °�, .� ~d CJ a a 1a ' ,..0b 0 iJl} .O 4-4 0 4 04 W rrt O a) 0 al t U ta S1 4) 4) 3 s.4- O O Q) P ; u v a q 0 T.) C) "d •� r 4) - d .- X . ^CJ u •4 4) C b o is] es o b 0'C.144 Q W ; id o g b 0c tn >, o 'd 4.l ..d (� 0 < so C► HW H °' 4) Valley Dr. NOTE: The following are items of work to be completed by Weld County: • Construction Inspection • Erosion Control Supervisor RECEIPT OF ADDENDA INTERPRETATIONS OF ADDENDA No oral interpretation will be made to any Bidder as to the meaning of the Contract Documents or any part thereof. Every request for such an interpretation shall be made in writing to Weld County. Any inquiry received seven or more days prior to the date fixed for opening of Bids will be given consideration. Every interpretation made to a Bidder will be in the form of an Addendum to the Contract Documents, and when issued, will be on file in the office of Weld County Purchasing and the office of the Engineer at least five days before Bids are opened. In addition, all Addenda will be emailed to each person holding Contract Documents, but it shall be the Bidder's responsibility to make inquiry as to the Addenda issued. All such Addenda shall become part of the Contract and all Bidders shall be bound by such Addenda, whether or not received by the Bidders. The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No, 1 Date:8/29/16 By: Add ilium No. 2 Date: 9/ 2 / 16 By: �/Vie 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. SIGNATURES: Dated this fed day of374941-- , 2016. FIRM NAME: Integrated Water BY: Jeff Thomas TITLE: Vice President Services, Inc. BIDDER'S LEGAL SIGNATURE: STATE OF INCORPORATION: Co 1 o rad ADDRESS: 4001 N. Valley Dr, ingmont, CO 80504 TELEPHONE NO: 720-221-4366 ATTEST: ex FAX NO: 720-207-5056 11 Integrated Water Services Item No. Bid Schedule: Item Description Bid Quantity Unit Unit Price (Dollars) Total Price (Dollars) 0101 Mobilization / Demobilization 1 LS $77,000 $77,000 0201 Erosion Control 1 LS $7,000 $7,000 0202 Demolition 1 LS $15,000 $15,000 0203 Relocation of Existing Equipment 1 LS $4,000 $4,000 0204 Earthwork 1 LS $14,000 $14,000 0206 Seeding 1 LS $1,500 $1,500 0207 Asphaltic Concrete Paving 1 LS $32,000 $10,000 0208 Leona Avenue Looping 1 LS $133,000 $0 0210 Site Piping 1 LS $27,000 $27,000 0211 Water Treatment Building 1 LS $102,000 $102,000 1101 Groundwater Well Pump Spare 1 EA $5,000 $0 1102 Distribution Pump 1 EA $7,000 $1,700 1103 RO Skid Feed Pump 2 EA $10,000 $20,000 1104 Submersible Tank Mixer 1 EA $8,000 $0 1105 Chemical Feed Pump 3 EA $2,500 $2,000 1106 Chemical Mixer 2 EA $1,800 $1,645 1107 Double Walled Chemical Tank 3 EA $1,700 $1,650 1108 Double Walled Waste Tank 1 EA $4,000 $1,240 1301 Sodium Hypoclorite Shed 1 LS $19,000 $19,000 1501 Process Piping 1 LS $17,000 $17,000 1502 HVAC 1 LS $4,000 $4,000 1601 Electrical 1 LS $44,000 $44,000 1602 Instrumentation and Controls 1 LS $18,000 $18,000 1604 Generator and ATS 1 LS $29,000 $29,000 1605 United Power Overhead Transformer Upgrade 1 FA $7,600 $7,600 1606 Minor Contract Revisions 1 FA $40,000 $13,765 SUBTOTAL Bolted Steel Water Storage Tank TOTAL ENGINEERS FEE GRANT CDPHE GRANT TOTAL PROJECT BUDGET Grant amount minus engineering $ 560,300.00 Grant amount minus tank $ 439, 847.00 $ 88,200.00 $ 648,500.00 $ 6,500.00 $ 566,800.00 Yellow highlights are items for exclusion $438,100 $126,953 $565,053 REVISED BID TAB - REDUCED SCOPE OF WORKS 11A INSTRUCTIONS BID BOND WATTENBERG WATER SYSTEM IMPROVEMENTS PROJECT KNOW ALL MEN BY THESE PRESENTS, that Integrated Water Services, Inc. as Principal, and The Guarantee Company of North America USA as Surety, are hereby held and firmly bound unto Weld County. Colorado (hereinafter called the "County") in the penal sum of Five Percent of Amount Bid Dollars ($ 5% ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated September 8 , 2016 for the WATTENBERG WATER SYSTEM IMPROVEMENTS PROJECT as set out in the accompanying Bid. WHEREAS, the County has required as a condition for receiving said Bid that the principal deposit with the County 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 County 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 County 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 County for the faithful performance and the proper fulfillment of said Contract, or Withdraw said Bid within the time specified, or C. Pay to the County 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 8th day of September , 201E 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 Integrated Water Services, Inc. Address P.O. Box 9570 CO 81620 By: Surety T uarantee Company of North America USA Address 11024 N. 28th By: I ve, Suits 175, Phoenix, AZ 85029 Melanie Ankeney, Attorney4in-F 1.1 The full firm name and residence of each individual party to the bond must be inserted hi the first paragraph, 12 1.2 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. 1.3 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. 1.4 Power of Attorney must accompany this bond when signed by other than an officer of either the principal or surety. 1.5 A standard printed bond form may be used in lieu of the foregoing form provided that the security stipulations protecting the County are not in any way reduced by use of such standard printed bond form. THE GUARANTEE" The Guarantee Company of North America USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint David J. McKee, Patrick R. Hedges, Joseph A. Ciarken Ili, Melanie L. Ankeney, Jennifer S. Castillo Constructors Bonding, inc. its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as If the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney Is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shalt have power and authority: 1, To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -In -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact Includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, It is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney Is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duty called and held on the 6th day of December 2011, of which the following is a true excerpt: 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, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this Instrument to be signed and its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. STATE OF MICHIGAN County of Oakland THE GUARANTEE COMPANY OF NORTH AMERICA USA 4141441._ amorsecot—c_____ Stephen C. Ruschak, President & Chief Operating Officer Randall Musselman, Secretary On this 23rd day of February, 2012 before me came the individuals who executed the preceding Instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of portafr _ i LL1C Cynthia A. Takai Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2018 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. flAtiatLia.-74a, !, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which Is still in full force and affect. IN WITNESS WHEREOF, f have thereunto set my hand and attached the seal of said Company this 8 day of September 2 016 Randall Musselman, Secretary STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: 9/7/16 All questions herein must he answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable, responsible and qualified bidder as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. 1. Name of Bidder (Company or Finn): Integrated Water Services, Inc. 2. Permanent main office address: 4001 N. Valley Dr., Longmont, CO 80504 Phone Number: 720-221-4366 Fax Number: 720-207-5056 3. Year Company was organized: 2003 4. Number of years this Company has been engaged similar construction: 12 Under what firm, company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work? 5. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: Berthoud Estates WWTP $ 1.998M 4/2017 Town of Gilcrest WWTP$ 1.32M 11/2016 Fairways WWTP S 1.2M 11/2016 6. List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. None 7. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. None 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. None 9. List all contracts within the last 3 years during which or after which any of the Company's subcontractors or , filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon 15 None 10. Has any owner, as party to any of the Company's contracts within the last 3 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc., or attempted to have the performance bond invoked? If yes, explain in detail. No 11. Describe all contracts that the Company failed to complete, None 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. None 13. List all or a maximum of three (3) of the most recent projects, similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction at the present time, List the project name, location, project superintendent, owner's representative and phone number, date completed and contract amount for each project. Project Name: Town of Bayfield Water Treatment Plant Expansion Location: Bayfield, CO Supt: Travis Williams Owner's Representative: Ron Saba Phone: 970-884-9544 Completion Date: Aug, 2016 Contract Amount: $ 7 . 2M Project Name: Greeley Airport Lift Station Location: Greeley, CO Supt: Jon Bopp Owner's Representative: Justin S c h o t z Phone: 970-350-933O Completion Date: 1/2 016 Contract Amount: $32 9K Project Name: Walmart Distribution Center Pre -Treatment Plant Location: Cheyenne, WY Owner's Representative: Robb Carlson Completion Date: 12/2015 Supt: Jon_ Bopp Phone: 609-498-7170 Contract Amount: $1.56M 16 14. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15% OR MORE OF THE WORK. SUBCONTRACTOR Ib- WORK DESCRIPTION °'o OF 15. List the principal members of the company who will be involved with this project, including project manager, etc. NAME TITLE Matt Brown PM Eric Cawthon Dave Patton Superintendent Principal in Charge 27 16. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. None The undersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this 8th day of September 42O16. NOTARY County of tile- (1 Bidder In Co By: Name: (Please Type) ted Water Services, Inc. Signature Thomas Title: Vice President 17 State of(areci0 he is ) ss. Ce Pie (Title) that the answers to the foregoing cipelt me this day ofizt (SEAL) -7/t%C � 19 Commission Expires being duly sworn, deposes and says that of; raI se 44 4 � , and (Company Name) and all statements therein contained are true and correct. Subscribed and sworn before , 2016. W PLIKIM$ NOTARY PUMA • STATE OF CQt0iRADO Notary Identification 02015402710 bMy Commission Expires 71912019 18 Notary Public Form W -9 (Rev. December 2014) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. 1 Name (as shown on our income tax return). Name is required on this line; do not leave thisline blank. Integrated Water servtces, inc. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal lax classification; check ant one of the following seven boxes: ❑ Individual/sole proprietor or ❑ C Corporation [S Corporation (l Partnership El Trust/estate single -member LLC n Limited liability company. Enter the tax classification (C=C corporation, S=S corporation. P=partnersh.ip) b Note. For a single -member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for the tax classification of the single -member owner. [l Other (see Instructions) le S Address (number, street, and apt. or suite no. P,O. Box 9570 6 City, state, and ZIP code Avon, CO 81620 T List account number(s) here (optional) Part I 4 Exemptions (codes apply Only %) certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) 4Aav*as to roaaunrs rtsirsw d med." the U.S.) Requester's name and address (optional Taxpayer Identification Number (TiN) 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 (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see Now 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. Part II Social security number or 1 Employer identification number 2 Certification 0 4 a C 6 0 1 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 L.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 yo ve been notified by the IRS that you are currently subject to backup withholding because you have failed to report allintirlegt and dividends on ur t return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abareidonment $f secured property/cane lation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other t.hatt"interest at)tl dividends, you anot quired to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Here Signature of U.S. person 9/8/2016 Date General Instructiods Section references are to the In, rnal Revenue Code unless otherwise noted. Future developments. Inform Lion about developments affecting Form W-9 (such as legislation enacted after we release it) is at wmrw.irs.gov/tw9. 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 (ATIN), or employer identification number (EIN). to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include. but are not limited to, the following: • Form 1099-leIT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (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) • Form 1098 (home mortgage interest), 1098E (student loan interest), 1099-T (tuition) • Form 1099-C (canceled debt) + Form 1098-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. It you do not return Form W-9 to the requester with a T1N, 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 (or you are waiting for a number to be issued), 2. Certify that you ere not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee, If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership Income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(:s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information. Cat. No. 10231X Farm W-9 (Rev. 12-2014) WAGE DETERMINATION - WATTENBERG WATER SYSTEM IMPROVEMENTS PROJECT PROJECT #15-504 - WATTENBERG HEAVY WAGE DECISION 8-2016: General Decision Number: CO160012 06/03/2016 CO12 Superseded General Decision Number: CO20150012 State: Colorado Construction Type: Heavy Counties: Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, El Paso, Jefferson, Larimer, Mesa, Pueblo and Weld Counties in Colorado. HEAVY CONSTRUCTION PROJECTS Note: Under Executive Order (PO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis -Bacon Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the PO, the contractor must pay all workers in any classification listed on this wage determination at least S10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/08/2016 1 01/15/2016 2 01/22/2016 3 03/11/2016 4 03/18/2016 5 03/25/2016 6 05/06/2016 7 06/03/2016 ASBE0028-001 10/01/2014 Rates Fringes Asbestos Workers/Insulator (Includes application of all insulating materials, protective coverings, coatings and finishings to all types of mechanical systems) S 28.83 13.53 BRCO0007-004 01/01/2016 ADAMS, ARAPAHOE, BOULDER, BROOMFIELD, DENVER, DOUGLAS AND JEFFERSON COUNTIES Rates Fringes BRICKLAYER S 26.01 7.71 BRCO0007-006 05/01/2015 19 EL PASO AND PUEBLO COUNTIES Rates Fringes BRICKLAYER S 24.44 8.90 ELEC0012-004 09/01/2015 PUEBLO COUNTY Rates Fringes ELECTRICIAN Electrical contract over $1,000,000 S 27.35 11.00+3% Electrical contract under $1,000,000 S 24.85 11.00+3% * ELEC0068-001 06/01/2016 ADAMS, ARAPAHOE, BOULDER, BROOMFIELD, DENVER, DOUGLAS, JEFFERSON, LARIMER, AND WELD COUNTIES Rates Fringes ELECTRICIAN S 33.85 13.99 ELEC0111-001 01/01/2016 Rates Fringes Line Construction: Groundman $ 18.79 22.25%+$5.45 Line Equipment Operator S 29.40 22.25%+$5.45 Lineman and Welder $ 42.14 25.25%+$5.45 ELEC0113-002 06/01/2015 EL PASO COUNTY Rates Fringes ELECTRICIAN S 30.00 14.95 ELEC0969-002 06/01/2015 MESA COUNTY Rates Fringes ELECTRICIAN $ 24.00 7.92 ENGI0009-001 10/23/2013 Rates Fringes Power equipment operators: Blade: Finish $ 25.04 9.15 Blade: Rough $ 24.73 9.15 Bulldozer $ 24.73 9.15 Cranes: 50 tons and under..S 24.88 9.15 Cranes: 51 to 90 tons S 25.04 9.15 Cranes: 91 to 140 tons $ 25.19 9.15 20 Cranes: 141 tons and over...$ 25.97 9.15 Forklift S 24.37 9.15 Mechanic $ 24.88 9.15 Oiler $ 24.01 9.15 Scraper: Single bowl under 40 cubic yards $ 24.88 9.15 Scraper: Single bowl, including pups 40 cubic yards and over and tandem bowls S 25.04 9.15 Trackhoe $ 24.88 9.15 IRON0024-003 11/01/2013 Rates Fringes Ironworkers. $ 24.80 18.77 Structural LAB O00 8 6 -001 05/01/2009 Rates Fringes Laborers: Pipelayer $ 18.68 6,78 * PLUM0003-005 06/01/2016 ADAMS, ARAPAHOE, BOULDER, BROOMFIELD, DENVER, DOUGLAS, JEFFERSON, LARIMER AND WELD COUNTIES Rates Fringes PLUMBER $ 38.43 15.19 PLUM0058-002 07/01/2015 EL PASO COUNTY Rates Fringes Plumbers and Pipefitters $ 34.30 14.38 PLUM0058-008 07/01/2015 PUEBLO COUNTY Rates Fringes Plumbers and Pipefitters $ 34.30 14.38 PLUM0145-002 07/01/2013 MESA COUNTY Rates Fringes Plumbers and Pipefitters $ 32.67 11.55 PLUM0208-004 06/01/2015 ADAMS, ARAPAHOE, BOULDER, BROOMFIELD, DENVER, DOUGLAS, JEFFERSON, LARIMER AND WELD COUNTIES 21 Rates Fringes PIPEFITTER S 35.35 13.39 SHEE0009-002 07/01/2015 Rates Fringes Sheet metal worker $ 32.85 14.63 TEAM0455-002 07/01/2015 Rates Fringes Truck drivers: Pickup S 19.66 4.02 Tandem/Semi and Water 5 20.29 4.02 SUCO2001-006 12/20/2001 Rates Fringes BOILERMAKER $ 17.60 Carpenters: Form Building and Setting.,.S 16.97 All Other Work $ 15.14 2.74 3.37 Cement Mason/Concrete Finisher...$ 17.31 2.85 IRONWORKER, REINFORCING $ 18.83 3.90 Laborers: Common S 11.22 2.92 Flagger $ 8,91 3.80 Landscape $ 12.56 3,21 Painters: Brush, Roller & Spray S 15.81 3.26 Power equipment operators: Backhoe $ 16.36 2.48 Front End Loader $ 17.24 3.23 Skid Loader $ 15.37 4.41 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers 22 A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published. wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: 23 Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should he accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 24 WAGE DETERMINATION - WATTENBERG WATER SYSTEM IMPROVEMENTS PROJECT PROJECT #15-504 - WATTENBERG BUILDING WAGE DECISION 8-2016: General Decision Number: CO160039 07/29/2016 CO39 Superseded General Decision Number: CO20150039 State: Colorado Construction Type: Building County: Weld County in Colorado. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis -Bacon Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the PO, the contractor must pay all workers in any classification listed on this wage determination at least S10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number 0 1 Publication Date 01/08/2016 03/18/2016 2 06/03/2016 3 07/22/2016 4 07/29/2016 ELEC0068-018 06/01/2016 Rates Fringes ELECTRICIAN $ 33.85 14.04 ENGI0009-017 10/23/2013 Rates Fringes POWER EQUIPMENT OPERATOR (Crane) 141 tons and over $ 25.97 9.15 50 tons and under $ 24.88 9.15 51 to 90 tons $ 25.04 9.15 91 to 140 tons $ 25.19 9.15 IRON0024-009 06/01/2015 Rates Fringes IRONWORKER, ORNAMENTAL S 25.05 11.14 IRON0024-010 06/01/2015 Rates Fringes IRONWORKER, STRUCTURAL $ 25.05 11.14 PAIN0079-009 02/22/2016 Rates Fringes PAINTER (Spray) $ 20.0(1 6.91 PLUM0003-009 06/01/2016 Rafts Fringes PLUMBER (Excludes HVAC Duct, Pipe and Unit Installation) $ 38.43 15.19 * PLUM0208-008 06/01/2016 Rates Fringes PIPEFITTER (Includes HVAC Pipe and Unit Installation; Excludes HVAC Duct Installation) $ 36.03 13.39 SHEE0009-004 07/01/2015 Rates Fringes SHEET METAL WORKER (Includes HVAC Duct Installation; Excludes HVAC Pipe and Unit Installation) $ 32.85 14.63 SUCO2013-015 07/31/2015 Rates Fringes BRICKLAYER S 21.96 0.00 CARPENTER $ 18.22 0.00 CEMENT MASON/CONCRETE FINISHER...S 21.44 10,23 INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System Insulation) $ 22.19 4.30 LABORER: Common or General $ 14.00 0.00 LABORER: Mason Tender - Brick...$ 15.99 0.00 LABORER: Mason Tender - Cement/Concrete $ 16.00 0.00 LABORER: Pipelayer $ 16.96 3.68 OPERATOR: Backhoe/Excavator/Trackhoe S 20.78 5.78 OPERATOR: Bobcat/Skid Steer/Skid Loader S 18.58 2.42 OPERATOR: Grader/Blade $ 21.50 0.00 PAINTER (Brush and Roller) S 19.56 2.05 26 ROOFER $ 16.18 0.00 TRLCK DRIVER: Dump Truck $ 17.34 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification andrate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: 27 * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position andby any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 28 NOTICE OF AWARD .WA'I'TENIBERO... WATER$YSTEM.IMPRO EMENTS..PROJECT. To: .::.:.,.:..:Integrated j.Water :.S.ervices..:Inc. .:.::::::.,:..... 4401. N. Valley Drive..... Longmont. CO ..8.05Q.4 _ Project Description: The project in general consists of constructing water system improvements within the Wattenberg Improvement Association in. the County. The project includes all necessary labor, supervision, equipment, tools, and materials for demolition of the existing water storage tank, relocation of building drain tank, all site piping, subgrade preparation and site piping for the construction of the newwater storage tank, water treatment building, all process piping,: and distribution system piping. Work to include all associated site work related to the: project The County 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 $438,100 or as shown in the revised Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish the required Performance Bond, Payment Bond and Certificates of Insurance within ten (1 0) calendar days from the date of this Notice to.you. If you fail to execute said Agreement and: to furnish said Bonds within ten (10) days from the date of this Notice, said County will be entitled to consider all your rights arising out of the County's acceptance of your bid: as abandoned. The County 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 County. Dated this 9th day of September ; 2016 Weld County, Colorado, County ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by Integrated Water Services, Inc. (Contractor) 16th day of September; 2016 Je.. f .. Thom 29 e.,,.. President AGREEMENT WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & INTEGRATED WATER SERVICES, INC. WATTENBERG WATER SYSTEM IMPROVEMENTS PROJECT Cr THIS AGREEMENT is made and entered into thif day of 2016, by and between the County of Weld, a body corporate and politic of the State of Colorado, y an rough its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Integrated Water Services, Inc., a corporation, who whose address is 4001 N. Valley Drive, Longmont, CO 80504, hereinafter referred to as "Contractor". WHEREAS, on behalf of the Wattenberg Improvement Association (WIA), Weld County is contracting the needed repair of the Wattenberg Water System Improvements in accordance with CDBG 15-504, (hereinafter referred to as the "Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the permanent repair of this road and/or bridge, and WHEREAS, County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit A; and WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Construction Services at or below the cost set forth in Exhibit B; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A, B, and C each of which forms an integral part of this Agreement. Exhibits A, B, and C are specifically incorporated herein by this reference. County and Contractor acknowledge and agree this Agreement, including specifically Exhibits A, B, and C 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 (RFP) as set forth in "Bid Package No. B1600134". The RFP contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's RFP. The Response confirms Contractor's obligations under this Agreement. Exhibit C consists of the Contractor's understanding, agreement and responsibility to comply with the Community Development Block Grant (CDBG) general conditions. The work shall be in compliance with the applicable GENERAL CONDITIONS and is part of 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 Exhibits A and B, which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated 30 02,0 11,O - 02-8W supervisory personnel, (the "Manager"), to perform the services described on attached Exhibits A, B, and C. 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, B, and C 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 for 185 calendar days to March 31, 2017 for Contractor's completion of the responsibilities described in Exhibits A and B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it deten-nines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $438,100, which is the bid set forth in Exhibit B and page 11A. 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 31 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 beyondthat specifically authorized by County is performed at Contractor's risk andwithout authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. S. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential 32 information and. of the restrictions imposed by this agreement. 11. Warranty. Contractor warrants that construction services perfon-ned under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the construction completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. insurance and indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period.. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment ofpremi urns for which notice shall be sent ten (1 0) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. Any modification to these requirements must be made in writing by Weld County. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 33 Indemnity: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contractor in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Mini mu in Limits: Coverage A (Workers' Compensation) Coverage B (Employers Liability) Statutory $ 500,000 $ 500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and liability assumed under an insured contract. The policy shall be endorsed to include 1) the Additional Insured Endorsements CG 2010 (or equivalent), 2) CG 2037 Additional Insured for products/completed operations, and 3) the Designated Construction Projects General Aggregate Endorsement CG 2503. The policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations" and the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury $50,000 any one fire; and $500,000 errors and omissions. S5,000 Medical payment one person Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, S1,000,000 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 34 vehicles used in the performance of this Contract. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required. of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. Contractors Pollution Liability Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the operations of the Contractor described in the Contractor's scope of services. Policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. The policy shall be endorsed to include the following as Additional Insureds: "Weld County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". Minimum Limits: Per Loss S 1,000,000 Aggregate S 1,000,000 Builders' Risk Insurance or Installation Floater - Completed Value Basis Unless otherwise provided, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, Builders' Risk Insurance in the amount of the initial Contract Sum, plus value of subsequent modifications, change orders, and cost of material supplied or installed by others, comprising total value of the entire Project at the site on a replacement cost basis without optional deductibles. 35 a. Policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site. b. Such Builders' Risk insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the County 's has insurable interest in the property to be covered, whichever is later. c. The Builders' Risk insurance shall include interests of the County and if applicable, affiliated or associate entities, the General Contractor, subcontractors and sub -tier contractors in the Project. d. The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false -work, temporary buildings, transit, debris removal including demolition, increased cost of construction, architect's fees and expenses, flood (including water damage), earthquake, and if applicable, all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation, backfilling, filling, and grading. The Builders' Risk shall include a Beneficial Occupancy Clause. The policy shall specifically permit occupancy of the building during construction. County Contractor shall take reasonable steps to obtain consent of the insurance company and delete any provisions with regard to restrictions within any Occupancy Clauses within the Builder's Risk Policy. The Builder's Risk Policy shall remain in force until acceptance of the project by the County. f. Equipment Breakdown Coverage (a.k.a. Boiler & Machinery) shall be included as required by the Contract Documents or by law, which shall specifically covers insured equipment during installation and testing (including cold and hot testing). g. The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor except for losses that involve all Acts of God such as flood, earthquake, windstorm, tsunami, volcano, etc. 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, Director of Weld County Department of Public Works, 36 or his designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Integrated. Water Services, Inc. Attn.: Jeff Thomas, Vice President Address: 4001 N. Valley Drive Address: Longmont, CO 80504 E-mail: jthomas@integratedwaterservices.com Facsimile: 720-207-5056 County: Name: Elizabeth Relford Position: Transportation Manager Address:PO Box 758 Address:1111 H Street, Greeley, CO 80632 E-mail: erelford.gweldgov.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 may engage or use other Contractors or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of interest— C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by 37 Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who arc 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. §8-1 7.5- 102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and. consequential damages. 38 Except where exempted by federal law and except as provided in G.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 Exhibits A, B, and C, 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. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 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. 33. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000 annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract. "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state -issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion. This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A, B, and C, 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. 39 Cr IN WITNESS WHEREOF, the parties hereto have signed this Agreement this O21 day of 2016. CONTRACTOR: Integrated Water Services, Inc. By: Date 9/16/16 Name: Jeff Thomas Title: Vice President WELD CI ATTEST: Weld C s ty lerk to the Board BY: Deputy Cle ' to the Boar BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair SEP 21 2016 APPROVED AS TO SUBSTANCE: 40 INTEWAT-01 LPREWITT A` O�R0 OF LIABILITY INSURANCE DATE (MM/DYYYY) D/CERTIFICATE 9/19/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER PFS Insurance Group 4848 Thompson Parkway Suite 200MAIL Johnstown, CO 80534 CONTACT NAME: PHONE 970 635-9400 X 970 635-9401 (A/C, No, Ext1: ( ) ( F A/c, No): ( ) ADDRESS: info@mypfsinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Charter Oak 25615 INSURED Integrated Water Services, Inc Attn: Gwen Rogers PO Box 9570 Avon, CO 81620 INSURER B : Travelers Indemnity Co. of CT INSURER C : Travelers Property Casualty Co INSURER D : Westchester Fire Ins Co INSURER E : Lloyds/UndenwriterS INSURER F : CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS TYPE OF INSURANCE ADDL NSD S W VD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY DT22-CO-6E620540-COF-16 07/01/2016 07/01/2017 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 X Blanket Addl Insured PERSONAL & ADV INJURY $ 1,000,000 X Blanket Waiver GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE X LIMIT APPLIES PE? PER: PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X X X LIABILITY ANY AUTO ALL OWNED X X SCHEDULED DT-810-6E620540-TIL-16 07/01/2016 07/01/2017 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY accident) DAMAGE $ $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE DTSM-CUP-6E620540-TIL-16 07/01/2016 07/01/2017 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 $ DED I X I RETENT ON $ 10,000 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N /A DTJUB-6E62054-0-16 07/01/2016 07/01/2017 X I STATUTE I I ETH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 D E Pollution Liability Professional Liab G27073347004 ANE1033785.16 07/01/2016 07/01/2016 07/01/2017 07/01/2017 $25,000 Deductible 2,000,000 $10,000 Deductible 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: Wattenberg Water System Improvements Project. If required by written agreement, the Certificate Holder is included as additional insured for ongoing operations and completed operations under general liability and designated insured under automobile liability (except hired and non -owned automobile). A waiver of subrogation in favor of general liability, auto liability and workers' compensation. Umbrella is follow form. This is insurance is primary and non-contributory. Exception: 30 days' notice written notice of cancellation except 10 days for nonpayment of premium. LDER CANCELLATION Weld County Colorado 1150O St Greeley, CO 80632 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ES�� ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED - (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III — Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and II. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG D2 46 08 05 © 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY I. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. - DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 ® 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Aircraft Chartered With Pilot B. Damage To Premises Rented To You C. Increased Supplementary Payments D. Incidental Medical Malpractice E. Who Is An Insured — Newly Acquired Or Formed Organizations F. Who Is An Insured — Broadened Named Insured — Unnamed Subsidiaries G. Blanket Additional Insured — Owners, Managers Or Lessors Of Premises PROVISIONS A. AIRCRAFT CHARTERED WITH PILOT The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that is: (a) Chartered with a pilot to any insured; (b) Not owned by any insured; and (c) Not being used to carry any person or prop- erty for a charge. B. DAMAGE TO PREMISES RENTED TO YOU 1. The first paragraph of the exceptions in Ex- clusion j., Damage To Property, in Para- graph 2. of SECTION I - COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted. 2. The following replaces the last paragraph of Paragraph 2., Exclusions, of SECTION I - COVERAGES — COVERAGE A. BODILY H. Blanket Additional Insured — Lessors Of Leased Equipment I. Blanket Additional Insured — States Or Political Subdivisions — Permits J. Knowledge And Notice Of Occurrence Or Offense K. Unintentional Omission L. Blanket Waiver Of Subrogation M. Amended Bodily Injury Definition N. Contractual Liability — Railroads INJURY AND PROPERTY DAMAGE LI- ABILITY: Exclusions c. and g. through n. do not apply to "premises damage". Exclusion f.(1)(a) does not apply to "premises damage" caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water; unless Exclusion f. of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by another endorsement to this Coverage Part that has Exclusion — All Pollu- tion Injury Or Damage or Total Pollution Ex- clusion in its title. A separate limit of insurance applies to "premises damage" as described in Para- graph 6. of SECTION III - LIMITS OF IN- SURANCE. CGD3161111 O 2011 The Travelers Indemnity Company. All rights reserved. Page 1 of 6 COMMERCIAL GENERAL LIABILITY by any ordinance, law or building code to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage", "personal in- jury" or "advertising injury" arising out of such op- erations. The insurance provided to such state or political subdivision does not apply to: a. Any "bodily injury," "property damage," "per- sonal injury" or "advertising injury" arising out of operations performed for that state or po- litical subdivision; or b. Any "bodily injury" or "property damage" in- cluded in the "products -completed operations hazard". J. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit, of SECTION IV - COMMERCIAL GEN- ERAL LIABILITY CONDITIONS: e. The following provisions apply to Paragraph a. above, but only for the purposes of the in- surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section II — Who Is An Insured: (1) Notice to us of such "occurrence" or of- fense must be given as soon as practica- ble only after the "occurrence" or offense is known by you (if you are an individual), any of your partners or members who is an individual (if you are a partnership or joint venture), any of your managers who is an individual (if you are a limited liability company), any of your "executive offi- cers" or directors (if you are an organiza- tion other than a partnership, joint venture or limited liability company) or any "em- ployee" authorized by you to give notice of an "occurrence" or offense. (2) If you are a partnership, joint venture or limited liability company, and none of your partners, joint venture members or man- agers are individuals, notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occur- rence" or offense is known by: (a) Any individual who is: (i) A partner or member of any part- nership or joint venture; (3) (ii) A manager of any limited liability company; or (iii) An executive officer or director of any other organization; that is your partner, joint venture member or manager; or (b) Any "employee" authorized by such partnership, joint venture, limited li- ability company or other organization to give notice of an "occurrence" or offense. Notice to us of such "occurrence" or of an offense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your work- ers' compensation insurer. This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons de- scribed in Paragraphs e. (1) or (2) above discovers that the "occurrence" or offense may result in sums to which the insurance provided under this Coverage Part may apply. However, if this Coverage Part includes an en- dorsement that provides limited coverage for "bodily injury" or "property damage" or pollution costs arising out of a discharge, release or es- cape of "pollutants" which contains a requirement that the discharge, release or escape of "pollut- ants" must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e. does not affect that require- ment. K. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Repre- sentations, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not preju- dice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. L. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - COMMERCIAL GENERAL LI- ABILITY CONDITIONS: CG D3 1611 11 © 2011 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 COMMERCIAL GENERAL LIABILITY If the insured has agreed in a contract or agree- ment to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organiza- tion, but only for payments we make because of: a. "Bodily injury" or "property damage" that oc- curs; or b. "Personal injury" or "advertising injury" caused by an offense that is committed; subsequent to the execution of that contract or agreement. M. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily injury" in the DEFINITIONS Section: 3. "Bodily injury" means bodily injury, mental anguish, mental injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time. N. CONTRACTUAL LIABILITY — RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINI- TIONS Section: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is de- leted. Page 6 of 6 O 2011 The Travelers Indemnity Company. All rights reserved. CG D3 16 11 11 7RAVELERST ONE TOWER SQUARE HARTFORD, CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 0313 (00)-01 POLICY NUMBER: (DTJUB-6E62054-0-16) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this 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 DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE: 07-15-16 ST ASSIGN: TRAVELERtT ONE TOWER SQUARE HARTFORD, CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) - 001 POLICY NUMBER: (DTJUB-6E62054-0-16) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be 02.00 % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Countersigned by DATE OF ISSUE: 07-15-16 ST ASSIGN: Page 1 of 1 POLICY NUMBER: DT22-CO-6E620540-COF-16 COMMERCIAL GENERAL LIABILITY ISSUE DATE: 07-15-16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Project(s): EACH "PROJECT" FOR WHICH YOU HAVE AGREED, IN A WRITTEN CONTRACT WHICH IS IN EFFECT DURING THIS POLICY PERIOD, TO PROVIDE A SEPARATE GENERAL AGGREGATE LIMIT; PROVIDED THAT THE CONTRACT IS SIGNED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A. (SECTION I), and for all medical expenses caused by accidents un- der COVERAGE C (SECTION I), which can be attributed only to operations at a single desig- nated "project" shown in the Schedule above: 1. A separate Designated Project General Ag- gregate Limit applies to each designated "pro- ject", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations, unless separate Designated Project General Aggregate(s) are sched- uled above. 2. The Designated Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A., except damages because of "bodily injury" or "prop- erty damage" included in the "products - completed operations hazard", and for medi- cal expenses under COVERAGE C, regard- less of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". Designated Project General Aggregate(s): GENERAL AGGREGATE LIMIT SHOWN ON THE DECLARATIONS. 3. Any payments made under COVERAGE A. for damages or under COVERAGE C. for medical expenses shall reduce the Desig- nated Project General Aggregate Limit for that designated "project". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they re- duce any other Designated Project General Aggregate Limit for any other designated "project" shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Project General Ag- gregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A. (SECTION I), and for all medical expenses caused by accidents un- der COVERAGE C. (SECTION I), which cannot be attributed only to operations at a single desig- nated "project" shown in the Schedule above: CG D2 11 01 04 Copyright, The Travelers Indemnity Company, 2004 Page 1 of 2 COMMERCIAL GENERAL LIABILITY 1. Any payments made under COVERAGE A. for damages or under COVERAGE C. for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Ag- gregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Project General Aggregate Limit. C. Part 2. of SECTION III - LIMITS OF INSURANCE is deleted and replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Damages under Coverage B; and b. Damages from "occurrences" under COVERAGE A (SECTION I) and for all medical expenses caused by accidents under COVERAGE C (SECTION I) which cannot be attributed only to operations at a single designated "project" shown in the SCHEDULE above. D. When coverage for liability arising out of the "products -completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -Completed Operations Ag- gregate Limit, and not reduce the General Aggre- gate Limit nor the Designated Project General Aggregate Limit. E. For the purposes of this endorsement the Defini- tions Section is amended by the addition of the following definition: "Project" means an area away from premises owned by or rented to you at which you are per- forming operations pursuant to a contract or agreement. For the purposes of determining the applicable aggregate limit of insurance, each "project" that includes premises involving the same or connecting lots, or premises whose con- nection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single "project". F. The provisions of SECTION III - LIMITS OF INSURANCE not otherwise modified by this en- dorsement shall continue to apply as stipulated. Page 2 of 2 Copyright, The Travelers Indemnity Company, 2004 CG D2 11 01 04 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS F. HIRED AUTO - LIMITED WORLDWIDE COV- ERAGE - INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE - GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II - COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE - INCREASED LIMIT I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV - BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA T3 53 0215 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III - PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE - INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION III - PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III - PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "less" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV - BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by CA T3 53 0215 O2015 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 3 of 4 COMMERCIAL AUTO such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV- BUSINESS AUTO CONDITIONS: Page 4 of 4 The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal. © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Bond# 70132548 PERFORMANCE BOND WATTENBERG WATER SYSTEM IMPROVEMENTS PROJECT KNOW ALL MEN BY THE PRESENTS; that Integrated Water Services, Inc. (Name of Contractor) i / i 55,6) (Address of Contractor) hereinafter called Contractor, and a (Corporation) The Guarantee Company of North America USA (Name of Surety) 21642 N. 9th Avenue, Suite 100, Phoenix, AZ 85027 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of County) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Addros' County) Four Hundred ti ght ight husand hereinafter called County, in the penal sum 9pe Hundred & 00/100 Dollars, ($438.100), 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 O THIS OOB .IGATION is such that whereas, the Contractor entered into a certain Contract with the County, dated the) / Sy of , 2016, a copy of which is hereto attached and made a part hereof for the construction of: WATTENBERG WATER SYSTEMS IMPROVEMENTS described in the Invitation for Bids, Bid No. B1600134. 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 County, 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 County from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void; otherwise to remain in force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the County and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. 63 PERFORMANCE BOND WATTENBERG WATER SYSTEM IMPROVEMENTS PROJECT IN WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each one of which shalJ,.bb erred an original, this 16 day of September , 2016. Integrated Water Services, Inc. Contractor SEAL) (Cont ctor I'cretary By 641e4 yea AAAAIVvi If 2,4 (Witness as to Co tractor) k (Address) in f/t' -K (Address) AU CC) ri I b'0 ATTEST: A ,d0/‘) The Guarantee Company of North America USA (SEAL) (Surety) Secretary 15160 N. Hayden Road, Suite 101 s1)1t-g11-41,(1 By die6ovid Witness as to Surety Melanie L. Ankeney Attorney -in -Fact (Address) Scottsdale, AZ 85260 15160 N. Hayden Road, Suite 101 (Address) Scottsdale, AZ 85260 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. 64 Bond# 70132548 LABOR & MATERIALS PAYMENT BOND WATTENBERG WATER SYSTEM IMPROVEMENTS PROJECT KNOW ALL MEN BY THE PRESENTS; that Integrated Water Services, Inc. (Name of Contractor) f?, _)414_?,404.,47,444.uven:no,r4,4_4(. (Address of Contractor) , hereinafter called Contractor, and a (Corporation, Partnership, or Individual) The Guarantee Company of North America USA (Name of Surety) 21642 N. 9th Avenue, Suite 100, Phoenix, AZ 85027 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of County) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Address of County) hereinafter called County, in the penal sum of Four Hundred Thirty Eight Thousand One Hundred & 00/100 Dollars, ($ 438,100.00 ), 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 County, dated the 2 / 5 f day of . 47 eM 4.er a copy of which is hereto attached and made a part hereof for the construction of: , 2016, WATTENBERG WATER SYSTEMS IMPROVEMENTS described in the Invitation for Bids, Bid No. B1600134. NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void,; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the County and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. 65 LABOR & MATERIALS PAYMENT BOND WATTENBERG WATER SYSTEM IMPROVEMENTS PROJECT IN WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each one of which shall be deemed an original, this 16th day of September / / / // / (Contractor) '' retary (SEAL) (Witness as to Contra or) r 4/ 2.411-1: (Address) Ave,, (4) Ig2-0 ATTEST: The Guarantee Company of North America USA (SEAL) (Surety) Secretary Witness as to Surety 15160 N. Hayden Road, Suite 101 (Address) Scottsdale, AZ 85260 Scottsdale, AZ 85260 , 2016. Integrated Water Services, Inc. By .--Contractor (Mk 1.-06=erf /8/1 a/,'0', Y/6jc (Address) I hdalu Melanie L. Ankeney Attorney -in -Fact 15160 N. Hayden Road, Suite 101 (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. 66 THE GUARANTEE`" The Guarantee Company of North America USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint David J. McKee, Patrick R. Hedges, Joseph A. Clarken Ill, Melanie L. Ankeney, Jennifer S. Castillo Constructors Bonding, Inc. its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attomey(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: 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, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. STATE OF MICHIGAN County of Oakland THE GUARANTEE COMPANY OF NORTH AMERICA USA Stephen C. Ruschak, President & Chief Operating Officer Randall Musselman, Secretary On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2018 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. a- 7G I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 16 day otSeptember , 2016 Randall Musselman, Secretary EXHIBIT C GENERAL CONDITIONS OF THE CONTRACT 1. Contract and Contract Documents The project to be constructed pursuant to this Contract will be financed with assistance from the Colorado CDBG Program and is subject to all applicable Federal and State laws and regulations. The Plans, Specifications and Addenda, hereinafter enumerated in Paragraph 1 of the Supplemental General Conditions shall form part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. These CDBG criteria shall take precedence over Specifications or Plans and supplement the 2011 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) as well as, the City of Greeley 2008 Design Criteria and Construction Specifications shall control construction of this project. 1. Contract and Contract Documents 2. Definitions 3. Additional Instructions and Drawings 4. Shop or Setting Drawings 5. Materials, Service, Facilities 6. Contractor's Title to Materials 7. Inspection/Testing of Materials 8. "Or Equal" Clause 9. Patents 10. Surveys, Permits and Regulations 11. Contractor's Obligations 12. Weather Conditions 13. Protection of Work and Property - Property ---Emergency 14. Inspection 15. Reports, Records and Data 16. Superintendence by Contractor 17. Changes in Work 18. Extras 19. Time for Completion and Liquidated Damages 20. Correction of Work 21. Subsurface Conditions -Different 22. Claims for Extra Cost 23. County Termination of Contract 24. Construction Schedule/Periodic 25. Payments to Contractor 26. Final Payment as Release 27. Payments by Contractor 28. insurance 29. Contract Security 30. Additional or Substitute Bond 31. Assignments 32. Mutual Responsibility of Contractors 33. Separate Contractors 34. Subcontracting 35. Architect/Engineer's Authority 36. Stated Allowances 37. Removal of Debris 38. Detail Estimates 39. Right of Way 40. General Guaranty 41. Conflicting Conditions 42. Notice and Service Thereof 43. Provisions Deemed Inserted 44. Life/Health Protection 45. Subcontracts 46. Interest/Congressmen 47. Other Prohibited Interests 48. Use Prior to Acceptance 49. Photographs 50. Suspension of Work 51. Minimum Wages 52. Underpayment of Wages 53. Fringe Benefits 54. Overtime Compensation 55. Apprentices 56. Section 3 57. Employment Prohibited 58. Anti -Kickback Act 59. Classifications Not Listed 60. Benefits Not Expressed 61. Posting of Wage Rates 62. Complaints or Testimony 63. Claims and Disputes 64. Questions Re: Regulations 65. Payrolls and. Records 66. Specific Coverage 67. Ineligible Subcontractors 68. Provisions to be Included 69. Breach of Labor Standards 70. Employment Practices 71. Contract Termination; Debarment 72. Public Contract for Services — Employment Eligibility Verification 73. Subcontracting with Small and Minority Firms, Women's Business Enterprise, and Labor Surplus Area Finns 74. HUD 4010 Form, Labor Standards Provisions 41 2. Definitions The following terms as used in this Contract are respectively defined as follows: (a) CONTRACTOR: A person, firm or corporation with whom the contract is made by the County, i.e., the Local Government. (h) SUBCONTRACTOR: A person, firm or corporation supplying labor and materials or only labor for work at the site o f the project, for and under separate contract or agreement with the Contractor. (c) WORK ON (AT) THE PROJECT: Work to be performed at the location of the project, including the transportation of materials and supplies to or from the location of the project by employees of the Contractor and any Subcontractor. 3. Additional Instructions and Detail Drawings The Contractor will be furnished additional instructions and detail drawings as necessary to carry out the work included in the contract. The additional drawings and instructions thus supplied to the Contractor will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof. The Contractor shall carry out the work in accordance with the additional detail drawings and instructions. The Contractor and the Architect/Engineer will prepare jointly: (a) a schedule, fixing the dates at which special detail drawings will be required, such drawings, if any, to be furnished by the Architect/Engineer in accordance with said schedule, and (b) a schedule fixing the respective dates for the submission of shop drawings, the beginning of manufacture, testing and installation of materials, supplies and equipment, and the completion of the various parts of the work; each such schedule to be subject to change from time to time in accordance with the progress of the work. 4. Shop Setting Drawings The Contractor shall submit promptly to the Architect/Engineer two copies of each shop or setting drawing prepared in accordance with the schedule predetermined aforesaid. After examination of such drawings by the Architect/Engineer and the return thereof, the Contractor shall make such corrections to the drawings as have been indicated and shall furnish the Architect/Engineer with two corrected copies. If requested by the Architect/Engineer, the Contractor must furnish additional copies. Regardless of corrections made in or approval given to such drawings by the Architect/Engineer, the Contractor will nevertheless be responsible for the accuracy of such drawings and for their conformity to the Plans and Specifications, unless he notifies the Architect/Engineer in writing of any deviations at the time he furnishes such drawings. 5. Materials, Services, and Facilities (a) It is understood that except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, superintendence, temporary construction of every nature whatsoever necessary to execute, complete, and deliver the work within the specified time. (b) Any work necessary to be performed after regular hours, on Sundays or Legal Holidays, shall be performed without additional expenses to the County. 6. Contractor's Title to Materials No materials or supplies for the work shall be purchased by the Contractor or by any Subcontractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work, free from all liens, claims, or encumbrances. 7. Inspection and Testing of Materials (a) All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards. The laboratory or inspection agency shall be selected by the County. The County will pay for all laboratory inspection service direct, and not as part of the contract. (b) Materials of construction, particularly those upon which the strength and durability of the structure may depend, shall be 42 subject to inspection and testing to establish conformance with specifications and suitability for uses intended, S. "Or Equal" Clause Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc., it is intended merely to establish a standard; and, any material, article, or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article, or equipment so proposed, is, in the opinion of the Architect/Engineer, of equal substance and function. It shall not be purchased or installed by the contractor without the Architect/Engineer's written approval. 9. Patents (a) The Contractor shall hold and save the County and its officers, agents, servants, and employees harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention, process, article, or appliance manufactured or used in the performance of the contract, including its use by the County, unless otherwise specifically stipulated in the Contract Documents. (b) License or Royalty Fees: License and/or Royalty Fees for the use of a process which is authorized by the County of the project must be reasonable, and paid to the holder of the patent, or his authorized licensee, direct by the County and not by or through the Contractor. (c) If the Contractor uses any design, device or materials covered by letters, patent or copyright, he shall provide for such use by suitable agreement with the County of such patented or copyrighted design, device or material. It is mutually agreed and understood, that, without exception, the contract prices shall include all royalties or costs arising from the use of such design, device or materials, in any way involved in the work. The Contractor and/or his Sureties shall indemnify and save harmless the County of the project from any and all claims for infringement by reason of the use of such patented or copyrighted design, device or materials or any trademark or copyright in connections with work agreed to be performed under this contract, and shall indemnify the County for any cost, expense or damage which it may be obligated to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work. 10. Surveys, Permits, and Regulations Unless otherwise expressly provided for in the Specifications, the County will furnish to the Contractor all surveys necessary for the execution of the work, The Contractor shall procure and pay all permits, licenses and approvals necessary for the execution of his contract. The Contractor shall comply with all laws, ordinances, rules, and regulations relating to performance of the work, the protection of adjacent property, and the maintenance of passageways, guard fences or other protective facilities. 11. Contractor's Obligations The Contractor shall and will, in good workmanlike manner, do and perform all work and. furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this contract, within the time herein specified, in accordance with the provisions of this contract and said specifications and in accordance with the plans and drawings covered by this contract any and all supplemental plans and drawings, and in accordance with the directions of the Architect/Engineer as given from time to time during the progress of the work. He shall furnish, erect, maintain, and remove such construction plant and such temporary works as may be required. The Contractor shall observe, comply with, and be subject to all terms, conditions, requirements, and limitations of the contract and specifications, and shall do, carry on, and complete the entire work to the satisfaction of the Architect/Engineer and the County. 12. Weather Conditions In the event of temporary suspension of work, or during inclement weather, or whenever the Architect/Engineer shall direct, the Contractor will, and will cause his subcontractors to protect carefully his and their work and materials against damage or injury from the weather. If, in the opinion of the Architect/Engineer, any work or material shall have been damaged or injured by reason of failure on the part of the Contractor or any of his Subcontractors so to protect his work, such materials shall be 43 removed and replaced at the expense of the Contractor. 13. Protection of Work Property — Emergency The Contractor shall at all times safely guard the County's property from injury or loss in connection with this contract. He shall at all times safely guard and protect his own work, and that of adjacent property from damage. The Contractor shall replace or make good any such damage, loss or injury unless such be caused directly by errors contained in the Contract or by the County, or his duly authorized representatives. In case of an emergency which threatens loss or injury of property, and/or safety or life, the Contractor will be allowed to act, without previous instructions from the Architect/Engineer, in a diligent manner. He shall notify the Architect/Engineer immediately thereafter. Any claim for compensation by the Contractor due to such extra work shall be promptly submitted to the Architect/Engineer for approval. Where the Contractor has not taken action but has notified Architect/Engineer of an emergency threatening injury to persons or damage to the work of any adjoining property, he shall act as instructed or authorized by the Architect/Engineer. The amount of reimbursement claimed by the Contractor on account of any emergency action shall be determined in the manner provided in Paragraph 17 of the General Conditions. 14. Inspection The authorized representatives and agents of the Colorado Department of Local Affairs shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. 15. Reports, Records, and Data The Contractor shall submit to the County such schedule of quantities and costs, progress schedule, payrolls, reports, estimates, records, and other data as the County may request concerning work performed or to be performed under this contract. 16. Superintendence by Contractor At the site of the work the Contractor shall employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Architect/Engineer and shall be one who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll. 17. Changes in Work No changes in the work covered by the approved Contractor Documents shall be made without having prior written approval of the County. Charges or credits for the work covered by the approved change shall be determined by one or more of the following methods: (a) Unit bid prices previously approved (b) An agreed lump sum (c) The actual cost of: (1) Labor, including foreman; (2) Materials entering permanently into the work; (3) The ownership or rental cost of construction plant and equipment during the time of use on the extra work; (4) Power and consumable supplies for the operation of power equipment; (5) Insurance; (6) Social Security and old age and unemployment contributions. To the cost under (c) there shall be added a fixed fee to be agreed upon but not to exceed fifteen (15%) of the actual cost of the work. The fee shall be compensation to cover the cost of supervision, overhead, bond, profit and any other general expenses. 18. Extras Without invalidating the contract, the County may order extra work or make changes by altering, adding to or deducting from the work, the contract sum being adjusted accordingly, and the consent of the Surety being first obtained where necessary or desirable. All the work of the kind bid upon shall be paid for at the price stipulated in the proposal, and no claims for any extra work or materials shall be allowed unless the work is ordered in writing by the County or its Architect/Engineer, acting officially for the County, and the price is stated in such order. 44 19. Time for Completion and Liquidated Damages It is hereby understood and mutually agreed, by and between the Contractor and the County, that the date of beginning and the time for completion as specified in the Contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the "Notice to Proceed." The Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the County, that the time for the completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. if the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the County, then the Contractor does hereby agree, as a part consideration for the awarding of this Contract, to pay the County the amount specified in the Contract, not as a penalty but as liquidated damages for such breach of Contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the County because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the County would in such event sustain, and said amount is agreed to be the amount of damages which the County would sustain and said amount shall be retained from time to time by the County from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and of the specifications wherein and definite and certain length of time is fixed for the performance of any act whatsoever, and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract, PROVIDED, that the Contractor shall not be charged with liquidated damages or any excess cost when the County determines that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the County; PROVIDED, FURTHER, that the Contractor shall not be chargedwith liquidated damages or any excess cost when the delay in completion of the work is due: (a) To any preference, priority or allocation order duly issued by the Local Public Agency; (b) To unforeseen cause beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God, or the public enemy, acts of the County, acts of another Contractor in the performance of a contract with the County, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, andsevere weather; and (c) To any delays of Subcontractors or suppliers occasioned by any of the causes specified in subsections (a) and (b) of this article: PROVIDED, FURTHER, that the Contractor shall, within ten (10) days from the beginning of such delay, unless the County shall grant a further period of time prior to the date of final settlement of the contract, notify the County, in writing, of the cause of the delay, shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of its decision in the matter. 20. Correction of Work All work, all materials, whether incorporated in the work or not, all processes of manufacture, and all methods of construction shall be at all times and places subject to the inspection of the Architect/Engineer who shall be the final judge of the quality and suitability of the work, materials, processes of manufacture, and methods of construction for the purposes for which they are used. Should they fail to meet his approval they shall be forthwith reconstructed, made good, replaced and/or corrected as the case may be, by the Contractor at his own expense. Rejected material shall immediately be removed from the site. if, in the opinion of the Architect/ Engineer, it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as in the judgment of the Architect/Engineer shall be equitable. 45 21. Subsurface Conditions Found Different Should the Contractor encounter subsurface and/or latent conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Architect/ Engineer of such conditions before they are disturbed. The Architect/Engineer will thereupon promptly investigate the conditions, and if he finds that they materially differ from those shown on the Plans or indicated in the Specifications, he will at once make such changes in the Plans and/or Specifications as he may find necessary, any increase or decrease of cost resulting from such changes to be adjusted in the manner provided in Paragraph 17 of the General Conditions. 22. Claims for Extra Cost No claim for extra work or costs shall be allowed unless the same was done in pursuance of a written order of the Architect/Engineer approved by the County, as aforesaid, and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of subparagraph 17(c) of the General Conditions, the Contractor shall furnish satisfactory bills, payrolls and vouchers covering all items of cost and when requested by the County, give access to accounts relating thereto. 23. Right of the County to Terminate Contract In the event that any of the provisions of this Contract are violated by the Contractor, or by any of his subcontractors, the County may serve written notice upon the Contractor and the Surety of its intention to terminate the Contract, such notices to contain the reason for such intention to terminate the Contract, and unless within (10) days after the serving of such notice upon the Contractor, such violation or delay shall cease and satisfactory arrangement of correction be made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the County shall immediately serve notice thereof upon the Surety and the Contractor and the Surety shall have the right to take over and perform the Contract; provided, however, that if the Surety does not commence performance thereof within ten (10) days from the date of the mailing to such Surety Contractor and his Surety shall be liable to the County for any excess cost occasioned the County thereby, and in such event the County may take possession of and utilize in completing the work, such material, appliances, and plant as may be on the site of the work and necessary therefore. 24. Construction Schedule and Periodic Estimates Immediately after execution and delivery of the Contract, and before the first partial payment is made, the Contractor shall deliver to the County an estimatedconstruction progress schedule in form satisfactory to the County, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly payment that will become due the Contractor in accordance with the progress schedule. The Contractor shall also furnish on forms to be supplied by the County: (a) a detailedestimate giving a complete breakdown of the contract price and (b) periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs employed in making up any of these schedules will be usedonly for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the Contract price. 25. Payments to Contractor (a) Not later than the 15th day of each calendar month the County shall make a progress payment to the Contractor on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this Contract, but to insure the proper performance of this Contract the County may retain five percent (5%) of the amount of each estimate until final completion and acceptance of all work covered by this Contract; PROVIDED, that the Contractor shall submit his estimate not later than the first day of the month; PROVIDED, FURTHER, that the County at any time after fifty percent (50%) of work has been completed, if he finds that satisfactory progress is being made, may make any of the remaining progress payments in full; PROVIDED, FURTHER, that on completion and acceptance of each separate building, public work, or other division of the Contract, on which the price is stated separately in the Contract, payment may be made in full, including retained percentages thereon, less authorized deductions. (b) In preparing estimates the material delivered on the site preparatory to work done may be taken into consideration. (c) All material and work covered by partial payments made shall thereupon become the sole property of the 46 County, but this provision shall not be construed as relieving the Contractor from have been made or the restoration of any damaged work, or as a waiver of the right of the County to require the fulfillment of all of the terms of the contract. (d) COUNTY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF: The Contractor agrees that he will indemnify and save the County harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, material men, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this Contract. The Contractor shall, at the County's request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged, or waived. If the Contractor fails so to do, then the County may, after having served written notice on the said Contractor, either pay unpaid bills, of which the County has written, direct or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged hereupon payment to the Contractor shall be resumed, in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be constructed to impose any obligations upon the County to either the Contractor or his Surety. in paying any unpaid bills of the Contractor, the County shall be deemed the agent of the Contractor, and any payment so made by the County shall be considered as a payment made under the Contract by the County to the Contractor and the County shall not be liable to the Contractor for any such payments made in good faith. 26. Acceptance of Final Payment Constitutes Release The acceptance by the Contractor of final payment shall be and shall operate as a release to the County of all claims and all liability to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the County and others relating to or arising out of this work. No payment, however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this Contract or the Performance and Payment Bond. 27. Payments by Contractors The Contractor shall pay (a) for all transportation and utility services not later than the 20th day of the calendar month following that in which such materials, tools, and equipment are delivered at the site of the project, and the balance of the cost thereof, not later than the 30th day following the completion of that part of the work in or on which such materials, tools, and equipment are incorporated or used, and (c) to each of his subcontractors, not later than the 5th day following each payment to the Contractor, the respective amounts allowed the Contractor on account of the work performed by his subcontractors to the extent to each subcontractor's interest therein. 28. Insurance The Contractor shall not commence work under this contract until he has obtained all the insurance required under this paragraph andsuch insurance has been approved by the County, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required of the subcontractor has been so obtained and approved. (a) COMPENSATION INSURANCE: The Contractor shall procure and shall maintain during the life of his Contract Workmen's Compensation Insurance as required by applicable State law for all of his employees to be engaged in work at the site of the project under this contract and, in case of any such work sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Compensation Insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's Workmen's Compensation Insurance. in case any class of employees engaged in hazardous work on the project under this Contract is not protected under the Workmen's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. (b) CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE AND VEHICLE LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this Contract Contractor's Public Liability insurance, Contractor's Property Damage insurance and Vehicle Liability insurance in the amounts specified in the Supplemental General Conditions. (c) SUBCONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE AND VEHICLE LIABILITY INSURANCE: The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified in the Supplemental General Conditions specified in subparagraph (b) 47 hereof, (2) insure the activities of his policy specified in subparagraph (b) hereof. (d) SCOPE OF INSURANCE AND SPECIAL HAZARDS: The insurance required under subparagraphs (b) and (c) hereof shall provide adequate protection for the Contractor and his subcontractors, respectively, against damage claims which may arise from operations under this Contract, whether such operations be by the insured or by anyone directly or indirectly employed by him and, also against any of the special hazards which may be encountered in the performance of this contract as enumerated in the Supplemental General Conditions. (e) BUILDER'S RISK INSURANCE (FIRE & EXTENDED COVERAGE): Until the project is completed and accepted by the County, the County, or Contractor (at the County's option as indicated in the Supplemental General Conditions, Form (HUD -4238-N) is required to maintain Builder's Risk Insurance (fire and extended coverage) on a 100 percent completed value basis on the insurable portion of the project for the benefit of the County, the Contractor, subcontractors as their interests may appear. The Contractor shall not include any costs for Builder's Risk insurance (fire and extended coverage) premiums during construction unless the Contractor is required to provide such insurance; however, this provision shall not release the Contractor from his obligation to complete, according to plans and specifications, the project covered by the Contract, and the Contractor and his Surety shall be obligated to full performance of the Contractor's undertaking. (1) PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the County with certificates showing the type, amount, class of operations covered, effective dates and date of expiration of policies. Such certificates shall also contain substantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered, except after (10) days written notice has been received by the County." 29. Contract Security The Contractor shall furnish a performance bond in an amount at least equal to one hundred percent (100%) of the contract prices as security for the faithful performance of this Contract and also a payment bond in an amount not less than one hundred percent (100%) of the contract price or in a penal sum not less than that prescribed by State, territorial or local law, as security for the payment of all persons performing labor on the project under this Contract and furnishing materials in connection with this Contract. The performance bond and the payment bond may be in one or in a separate instrument in accordance with local law. 30. Additional or Substitute Bond If at any time the County for justifiable cause shall be or become dissatisfied with any surety or sureties, then upon the Performance or Payment Bonds, the Contractor shall within five (5) days after notice from the County so to do, substitute an acceptable bond (or bonds) in such form and sum and signed by other surety or sureties as may be satisfactory to the County. The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed due nor shall be made until the new surety or sureties shall have furnished such an acceptable bond to the County. 31. Assignments The Contractor shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without consent of the County. in case the Contractor assigns all or any part of any monies due or to become due under this contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or become due to the Contractor shall be subject to prior claims of all persons, firms, and corporations of services rendered or materials supplied for the performance of the work called for in this Contract. 32. Mutual Responsibility of Contractors lf, through acts of neglect on the part of the Contractor, any other Contractor or any subcontractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractors or subcontractors by agreement or arbitration if such other Contractor or subcontractor will so settle. if such other Contractor or subcontractor shall assert any claim against the County on account of any damage alleged to have been sustained, the County shall notify the Contractor, who shall indemnify and save harmless the County against any such claim. 48 33. Separate Contract The Contractor shall coordinate his operations with those of other Contractors. Cooperation will be required in the arrangement for the storage of materials and in the detailed execution of the work. The Contractor, including his subcontractors, shall keep informed of the progress and the detail work of other Contractors and shall notify the Architect/Engineer immediately of lack of progress or defective workmanship on the part of other Contractors. Failure of a Contractor to keep informed of the work progressing on the site and failure to give notice of lack of progress or defective workmanship by others shall be construed as acceptance by him of the status of the work as being satisfactory for proper coordination with his on work. 34. Subcontracting (a) The Contractor may utilize the services of specialty subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty sub- contractors. (b) The Contractor shall not award any work to any subcontractor without prior written approval of the County, which approval will not be given until the Contractor submits to the County a written statement concerning the proposed award to the subcontractor, which statement shall contain (c) The Contractor shall be as fully responsible to the County for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons employed by him. (d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contract by the terms of the General Conditions and other contract documents insofar as applicable to the work of subcontractors and to give the Contractor the same power as regards terminating any subcontract that the County may exercise over the Contractor under any provision of the Contract Documents. (e) Nothing contained in this Contract shall create any contractual relation between any subcontractor and the County. 35. Architect/Engineer's Authority The Architect/Engineer shall give all orders anddirections contemplated under this contract and specifications, relative to the execution of the work. The Architect/Engineer shall determine the amount, quality, acceptability, and fitness of the several kinds of work and materials which are to be paidfor under this Contract and shall decide all questions which may arise in relation to said work and the construction thereof The Architect/Engineer's estimates and decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any question shall arise between the parties hereto relative to said Contract or specifications, the determination or decisions of the Architect/Engineer shall be a condition precedent to the right of the Contractor to receive any money or payment for work under this Contract affected in any manner to any extent by such question. The Architect/Engineer shall decide the meaning and intent of any portion of the specifications and of any plans or drawings where the same may be found obscure or be in dispute. Any differences or conflicts in regard to their work which may arise between the Contractor under this Contract and other Contractors performing work for the County shall be adjusted and determined by the Architect/Engineer. 36. Stated Allowances The Contractor shall include in his proposal the cash allowances stated in the Supplemental General Conditions. The Contractor shall purchase the "Allowed Materials" as directed by the County on the basis of competitive bids. If the actual price for purchasing the "Allowed Materials" is more or less than the "Cash Allowance," the contract price shall be adjusted accordingly. The adjustment in contract price shall be made on the basis of the purchase price without additional charges for overhead, profit, insurance or any other incidental expenses. The cost of installation of the "Allowed Materials" shall be included in the applicable sections of the Contract Specifications covering this work. 37. Use of Premises and Removal of Debris The. Contractor expressly undertakes at his own expense: (a) to take every precaution against injuries to persons or damage to property; 49 (b) to store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any other contractors; (c) to place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work; (d) to clean up frequently all refuse, rubbish, scrap materials, and debris caused by his operations, to the end that at all times the site of the work shall present a neat, orderly and workmanlike appearance; (e) before final payment to remove all surplus material, false -work, temporary structures, including foundations thereof, plant of any description and debris of every nature resulting from his operations, and to put the site in a neat,orderly condition; (0 to effect all cutting, fitting or patching of his work required to make the same to conform to the plans and specifications and, except with the consent of the Architect/Engineer, not cut or otherwise alter the work of any other Contractor. 38. Quantities of Estimate Wherever the estimated quantities or work to be done and materials to be furnished under this contract are shown in any of the documents including the proposal, they are given for use in comparing bids and the right is especially reserved except as herein otherwise specifically limited, to increase or diminish them as may be deemed reasonably necessary or desirable by the County to complete the work contemplated by this Contract, and such increase or diminution shall in no way vitiate this Contract, nor shall any such increase or diminution give cause for claims or liability for damages. 39. Lands and Right -of -Way Prior to the start of construction, the County shall obtain lands and rights -of -way necessary for the carrying out and completion of work to be performed under this contract. 40. General Guaranty Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or entire occupancy of the premises by the County, shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects in the work and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance of work unless a longer period is specified. The County will give notice of defects with reasonable promptness. 41. Conflicting Conditions Any provisions of the Contract Documents which may be in conflict or inconsistent with any of the paragraphs in these General Conditions shall be void to the extent of such conflict or inconsistency. 42. Notice and Service Thereof Any notice to any Contractor from the County relative to any part of this Contract shall be in writing and considered delivered and the service thereof completed, when said notice is posted, by certified or registered mail, to said Contractor at his last given address, or delivered in person to the said Contractor or his authorized representative on the work. 43. Provisions Required by Law Deemed Inserted Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any provision is not inserted, or is not correctly inserted, then upon the application of either party the Contract shall forthwith be physically amended to make such insertion or correction. 50 44. Protection of Lives and Health "The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of his prosecution of the work. The safety provisions of applicable laws and building and construction codes, in addition to specific safety and health regulations described by Chapter X111, Bureau of Labor Standards, Department of Labor, Part 1518, Safety and Health Regulations for Construction, as outlined in the Federal Register, Volume No. 75, Saturday, April 17, 1971. Title 29 - LABOR, shall be observed and the Contractor shall take or cause to be taken,. such additional safety and health measures as the Contracting Authority may determine to be reasonably necessary." 45. Subcontracts "The Contractor will insert in any subcontract the Federal Labor Standards Provisions contained herein and such other clauses as the Department of Housing and Urban Development or Colorado Department of Local Affairs may, by instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made." 46. Interest of Members of or Delegate to Congress No members of or Delegate to Congress shall be admitted to any share or part of this Contract or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this Contract if made with a corporation for its general benefit. 47. Other Prohibited interests No official of the County who is authorized in such capacity andon behalf of the County to negotiate, make, accept or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection, construction or material supply contract or any subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this Contract or in any part hereof. No officer, employee, architect, attorney, engineer or inspector of or for the County who is authorized in such capacity and on behalf of the County to exercise any legislative, executive, supervisory or other similar functions in connection with the construction of the project, shall become directly or indirectly interested personally in this Contract or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the project. 48. Use and Occupancy Prior to Acceptance by County The Contractor agrees to the use and occupancy of a portion or unit of the project before formal acceptance by the County, provided the County: (a) Secures written consent of the Contractor except in the event, in the opinion of the Architect/Engineer, the Contractor is chargeable with unwarranted delay in final cleanup of such list items or other contract requirements. (b) Secures endorsement from the insurance -carrier and consent of the surety permitting occupancy of the building or use of the project during the remaining period of construction, or, (c) When the notice consists of more than one building, and one of the buildings is occupied, secures permanent firm and extended coverage insurance, including a pen -nit to complete construction. Consent of the Surety must also be obtained. (1) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include but not be limited to the following: 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. The Contractor agrees to post 51 in conspicuous places, available to employees andapplicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, or national origin. 49. Photographs of the Project The Contractor shall furnish photographs of the project before, during, and after construction in the quantities and as described in the Supplemental General Conditions. 50. Suspension of Work Should the County be prevented or enjoined from proceeding with work either before or after the start of construction by reason of any litigation or other reason beyond the control of the County, the Contractor shall not be entitled to make or assert claim for damage by reason of said delay; but time for completion of the work will be extended to such delay with such time as the County may determine will compensate for time lost by such delay with such determination to be set forth in writing. 51. Minimum Wage Rate for Laborers and Mechanics All laborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally and not less often than once each week, and without subsequent deduction or rebate on any account (except such payroll deductions as are made mandatory by law and such other payroll deductions as are permitted by the applicable regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to the Anti -Kickback Act hereinafter identified), the full amount due at time of payment computed at wage rates not less than those contained in the wage determination decision of said. Secretary of Labor (a copy of which is attached and herein incorporated to reference), regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontractor and such laborers and mechanics. All laborers and mechanics employed upon such work shall be paid in cash, except that payment may be by check if the employer provides or secures satisfactory facilities approved by the Local Public Agency for the cashing of the same without cost of expense to the employee. For the purpose of this clause, contributions made or costs reasonably anticipated 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 Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations. Also for the purpose of this clause, regular contributions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. 52. Underpayment of Wages or Salaries In case of underpayment of wages by the Contractor or by any subcontractor to laborers or mechanics employed by the Contractor or subcontractor upon the work covered by this Contract, the Local Public Agency or in addition to such other rights as may be afforded it under this Contract shall withhold from the Contractor, out of any payments due the Contractor, so much thereof as the Local Public Agency may consider necessary to pay such laborers or mechanics the full amount of ages required by this Contract. The amount so withheld may be disbursed by the Local Public Agency for and on account of the Contractor or the subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due or on their behalf to plans, funds, or programs for any type of fringe benefit prescribed in the applicable wage determination. 53. Anticipated Costs of Fringe Benefits If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing fringe benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this Contract; provided, however, 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. A copy of any findings made by the Secretary of Labor in respect to fringe benefits being provided by the Contractor must be submitted to the Local Public Agency with the first payroll filed by the Contractor subsequent to receipt of the findings. 54. Overtime Compensation Required by Contract Work Hours and Safety Standards Act (76 Stat. 357-360: ti? Title 40 U.S.C., Sections 327-332) (a) 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, including watchmen and guards, shall require or permit any laborer or mechanic in any workweek in which he is employed on such or to work in excess of 40 hours in such workweek unless such laborer or mechanic received compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of 40 hours in such work week, as the case may be. (b) VIOLATION: LIABILITY FOR UNPAID WAGES LIQUIDATED DAMAGES. In the event of any violation of the clause set forth in paragraph (a), the Contractor and any subcontractor responsible therefor shall be liable to any affected employee for his unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violations of the clause set forth in paragraph (a), in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in paragraph (a). (c) WITHHOLDING FOR LIQUIDATED DAMAGES. The Local Public Agency shall withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or subcontractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for liquidated damages as provided in the clause set forth in paragraph (b). (d) SUBCONTRACT. The Contractor shall insert in any subcontract the clauses set forth in paragraphs (a), (b), and (c) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. 55. Employment or Apprentices/Trainees (a) APPRENTICES will be permitted to work at less than the predetermined rate for the work they performed when they are employed and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his 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 Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not a trainee as defined in subdivision (b) of this subparagraph or is not registered or otherwise employed as stated above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The contractor or subcontractor will be requiredto furnish to the contracting officer or a representative of the Wage -Hour Division of the U.S. Department of Labor written evidence of the registration of his program and apprentices as well as the appropriate ratios and wage rates (expressed in percentages of the journeyman hourly rates), for the area of construction prior to using any apprentices on the contract work. The wage rate paid apprentices shall be not less than the appropriate percentage of the journeyman's rate contained in the applicable wage determination. (b) TRAINEES. Except as provided in 29 CFR 5.15, 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, Manpower Administration, Bureau of Apprentice and training. The ratio of trainees to journeymen shall not be greater than permitted under the plan approved by the Bureau of Apprenticeship and Training. Every trainee must be paid at not less than the rate specified in the approved program for his level of progress. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Bureau of Apprenticeship and Training shall be paid not less than the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish the contracting officer or a representative of the Wage -Hour Division of the U.S. Department of Labor written evidence of the certification of his program, the registration of the trainees, and the ratios and wage rates prescribed in that program. In the event the Bureau of Apprenticeship and Training withdraws approval of a training program, the 53 contractor will no longer be permittedto 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. 56. Section 3 (a) The work to be performed under this contract is subject to the requirements of Section 3of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 70u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (b) The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. (c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons) taking applications for each of the positions; and the anticipated date the work shall begin. (d) The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. (e) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. (f) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. (g) With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations, and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 57. Employment of Certain Persons Prohibited No person under the age of sixteen years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered in this Contract. 58. Regulations Pursuant to So -Called "Anti -Kickback Act" The Contractor shall comply with the applicable regulations (a copy of which is attached and herein incorporated by reference) of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called "Anti -Kickback Act" of June 13, 1934 (48 Stat. 948: 62 Stat. 862; Title U.S.C., Section 874; and Title 40 U.S.C. Section 276c), and any 54 amendments or modifications thereof, shall cause appropriate provisions to be inserted in subcontracts to insure compliance therewith by all subcontractors subject thereto, and shall be responsible for the submission of affidavits required by the subcontractors thereunder, except as said Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances, and exemptions from the requirements thereof 59. Employment of Laborers or Mechanics Not Listed in Aforesaid Wage Determination Decision Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract will be classified or reclassified conformably to the wage determination by the Local Public Agency and a report of the action taken shall be submitted by the Local Public Agency through the State Department of Local Affairs to the Secretary of Labor, United States Department of Labor. In the event the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used, the question accompanied by the recommendation of the Local Public Agency shall be referred through the State Department of Local Affairs to the Secretary of Labor for final determination. 60. Fringe Benefits Not Expressed as Hourly Wage Rates The Local Public Agency shall require, 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 wage rate and the Contractor is obligated to pay cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the Local Public Agency, shall be referred to the Secretary of Labor for determination. 61. Posting Wage Determination Decisions and Authorized Wage Deductions The applicable wage poster of the Secretary of Labor, United States Department of Labor, and the applicable wage determination decisions of said Secretary of Labor with respect to the various classifications of laborers and mechanics employed and to be employed upon the work covered by this Contract, and a statement showing all deductions, if any, in accordance with the provisions of this Contract, to be made from wages actually earned by persons so employed or to be employed under such classifications, shall be posted at appropriate conspicuous points at the site of the work. 62. Complaints, Proceedings, or Testimony by Employees No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 63. Claims and Disputes Pertaining to Wage Rates Claims and disputes pertaining to wage rates or to classifications of laborers and mechanics employed upon the work covered by this Contract shall be promptly reported by the Contractor in writing to the Local Public Agency or Public Body for referral to the Secretary of Labor, United States Department of Labor, whose decision shall be final with respect thereto. 64. Questions Concerning Certain Federal Statutes and Regulations All questions arising under this Contract which relate to the application or interpretation of (a) the aforesaid Anti -Kickback Act, (b) the Contract Work Hours and Safety Standards Act, c) the aforesaid Davis -Bacon Act, (d) the regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to said Acts, or (e) the labor standards provisions of any other pertinent Federal statute, shall be referred through the Local Public Agency and to the Secretary of Labor, United States Department of Labor, for said Secretary's appropriate ruling or interpretation which shall be authoritative and may be relied upon for the purposes of this Contract. 65. Payrolls and Basic Payroll Records of Contractor and Subcontractors The Contractor and each subcontractor shall prepare his payrolls on forms satisfactory to and in accordance with instructions to be furnished by the Local Public Agency or Public Body. The Contractor shall submit WEEKLY to the Local Public 55 Agency or Public Body certified copies of all payrolls of the Contractor and of the subcontractors, it being understood that the Contractor shall be responsible for the submission of copies of payrolls of all subcontractors. Each such payroll shall contain the "Weekly Statement of Compliance" set forth in Section 3.3 of Title 29, Code of Federal Regulations. The payrolls and basic payroll records of the Contractor and each subcontractor covering all laborers and mechanics employed upon the work covered by this Contract shall be maintained during the course of the work and preserved for a period of 5 years thereafter. Such payrolls and basic payroll records shall contain the name and address of each such employee, their correct classification, rate of pay (including rates of contributions or costs anticipated, of the types described in Section 1(b)(2) of the Davis -Bacon Act,) daily and weekly number of hours worked, deductions made, and actual wages paid. In addition, whenever the Secretary of Labor has found under Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations, 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 or subcontractor shall maintain records which shows that the commitment to provide such benefits is enforceable, that the plan of 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. The Contractor and each subcontractor shall make his employment records with respect to persons employed by him upon the work covered by this Contract available for inspection by authorized representatives of the Secretary of Housing and Urban Development, The Colorado Department of Local Affairs, the Local Public Agency, and the United States Department of Labor. Such representatives shall be permitted to interview employees of the Contractor or of any subcontractor during working hours on the job. 66. Specific Coverage of Certain Types of Work by Employees The transporting of materials and supplies to or from the site of the Project or Program to which this Contract pertains by the employees of the Contractor or of any subcontractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the Project or Program to which this Contract pertains by persons employed by the Contractor or by any subcontractor, shall, for the purposes of this Contract, and without limiting the generality of the foregoing provisions of this Contract, be deemed to be work to which these Federal Labor Standards Provisions are applicable. 67. Ineligible Subcontractors The Contractor must certify that none of the subcontractors are ineligible or debarred through HUD or the General Services Administration. 68. Provisions to be Included in Certain Subcontracts The Contractor shall include or cause to be included in each subcontract covering any of the work covered by this Contract, provisions which are consistent with these Federal Labor Standards Provisions and also a clause requiring the subcontractors to include such provisions in any lower tier subcontracts which they may enter into, together with a clause requiring such insertion in any further subcontracts that may in turn be made. 69. Breach of Foregoing Federal Labor Standards Provisions in addition to the causes for termination of this Contract as herein elsewhere set forth, the Local Public Agency reserves the right to terminate this Contract if the Contractor or any subcontractor whose subcontract covers any of the work covered by this Contract shall breach any of these Federal Labor Standards Provisions. A breach of these Federal Labor Standards Provisions may also be grounds for debarment as provided by the applicable regulations issued by the Secretary of Labor, United States Department of Labor. 70. Employment Practices The Contractor (1) shall, to the greatest extent practicable, follow hiring and employment practices for work on the project which will provide new job opportunities for the unemployed and underemployed, and (2) shall insert or cause to be inserted the same provision in each construction subcontract. 71. Contract Termination; Debarment A breach of Section 45 and the Federal Labor Standards Provisions, may be grounds for termination of the contract, and for 56 debarment as provided in 29 CFR 5.6. 72. Public Contract for Services — Employment Eligibility Verification in accordance with C.R.S. 8-17.5-101 and 102, the Contractor certifies through execution of this Contract that it will not knowingly employ or contract with an illegal alien who will perform work under this Contract. (a) The Contractor will participate in the E -Verify Program, the employment verification program established by the Colorado Department of Labor and Employment, in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this contract. (b) The Contractor shall notify the County and the Colorado Department of Labor and Employment of its participation in the employment verification program. (c) The Contractor shall not enter into a contract with a subcontractor that fails to certify TO THE CONTRACTOR they THE SUBCONTRACTOR shall not knowingly employ or contract with an illegal alien to perform work under THIS Contract or use either the E -Verify Program or Colorado Department of Labor and Employment verification program procedures to undertake pre -employment screening of job applicants while the contract is being performed. (d) If the Contractor obtains actual knowledge that a subcontractor knowingly employs or contracts with an illegal alien, the Contractor is required to: (1) Notify the subcontractor and the Department of Local Affairs within three days of obtaining actual knowledge of the employment or contract with an illegal alien. (2) Terminate the subcontract if within three days of receiving the notice the subcontractor does not stop employing or contracting with the illegal alien unless, during such three days, the subcontractor provides information that it did not knowingly employ or contract with an illegal alien. (3) Comply with any reasonable request by the Colorado Department of Labor and Employment in the course of an investigation pursuant to authority established pursuant to CRS§8-1 7.5-102(5)(a). (e) The Department of Local Affairs or the County may terminate this Contract for any violation of this provision and the Contractor shall be liable for actual and consequential damages to the Department of Local Affairs and the County. 73. Subcontracting with Small and Minority Firms, Women's Business Enterprise, and Labor Surplus Area Firms The Contractor shall take the following steps to ensure that, whenever possible, subcontracts are awarded to small business firms, minority firms, women's business enterprises, and labor surplus area firms: (a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (b) Ensuring that small and minority businesses and women's business enterprises are solicited whenever they are potential sources; (c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises; (d) Establishing delivery schedules, where the requirements of the contract pen -nit, which encourage participation by small and minority businesses and women's business enterprises; and (e) Using the services and assistance of the U.S. Small Business Administration, the Minority Business Development Agency of the U.S. Department of Commerce, and State and local governmental small business agencies. 57 Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. 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 l(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 29 CFR 5.5(a)(l)(iv); 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 29 CFR 5.5(a)(1)(ii) 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. (ii) (a) Any class of laborers or mechanics 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. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and. (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination, (Office of Labor Relations Previous editions are obsolete Page 1 of 5 form HUD -4010 (06/2009) ref Handbook 1344,1 b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee 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 HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination, The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, 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. (iii) 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 (iv) 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. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee 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 58 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, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or County, 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. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work 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 l(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. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or County, as the case may be, for transmission to HUD or its designee. 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.goviesalwhdlforms/wh347instr.htm 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, andshall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or County, as the case may be, for transmission to HUD or its designee, the contractor, 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 subparagraph 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 HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b) 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: (l) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5 (a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete; Previous editions are obsolete (2) 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 29 CFR Part 3; (3) 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. (c) 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 subparagraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal 59 prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee 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, HUD or its designee may, after written notice to the contractor,. sponsor, applicant or County, 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. (i) Apprentices. 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 predetermined rate for the work performeduntil an acceptable program is approved. (ii) Trainees. 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 permittedunder 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 previous editions are obsolete the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the 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. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 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 will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier 60 subcontractor with all the contract clauses in this paragraph. 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 I, 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 HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. 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) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) 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) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of ... influencing in any way the action of such Administration makes, utters or publishes any statement knowing the same to be false shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As 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 the individual is employed on such work to work in excess of 40 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 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, 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 subparagraph (1) of this paragraph, 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 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee 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 contract, 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 subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph 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 subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by 61 the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and. failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et seq. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Office of Labor Relations Previous editions are obsolete Page 1 of 5 form HUD -4010 (06/2009) ref. Handbook 1344.1 Bond# 70132548 PERFORMANCE BOND WATTENBERG WATER SYSTEM IMPROVEMENTS PROJECT KNOW ALL MEN BY THE PRESENTS; that Integrated Water Services, Inc. (Name of Contractor) 4001 N. Valley Drive, Longmont, CO 80504 (Address of Contractor) , hereinafter called Contractor, and a (Corporation) The Guarantee Company of North America USA (Name of Surety) 21642 N. 9th Avenue, Suite 100, Phoenix, AZ 85027 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of County) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 ) Four Hundred F flirty tight rousand One Hundred & 00/100 hereinafter called County, in the penal sum t Dollars, ($438,100), 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 County, dated the day of , 2016, a copy of which is hereto attached and made a part hereof for the construction of: WA t7E1< °BERG WATER SYSTEMS IMPROVEMENTS described in the Invitation for Bids, Bid No. B )600134. 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 County, 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 County from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the County all outlay and expense which the County 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. PR€} .•ZDED, FURTHER, that no final settlement between the County and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. 63 IN 'eirTNESS THE GUARANTEE The Guarantee Company of North America USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the lave of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint David J. McKee, Patrick R. Hedges, Joseph A. Clarken ill, Melanie L. Ankeney, Jennifer S. Castillo Constructors Bonding, Inc. €is true and lawful attorneys; s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings. contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation. contract or otherwise. The execution of such insvureent(s) in pursuance of these presents, shah be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply. to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at lire principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 3151 day of December. 20x3 The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Atlomey(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto. bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not iefieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on tree 6th day of December 2011, of which the following is a true excerpt: 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 !Hereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the natuure thereof. and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. STATE OF MICHIGAN C aunty of Oakland THE GUARANTEE COMPANY OF NORTH AMERICA USA Stheit Stephen C. Ruschak, President & Chief Operating Officer Randall Musselman, Secretary On this 23-rtl day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known. and being by rile duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seaf of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai A'ota 7' Public, State of Michigan County of Oakland My Commission Expires February 27, 2018 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. yubuct. -7--aAa_e_: I. Randal Musser -;an. Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct cpfry of a Power ofAtlorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full for. and effect L`*RF�TF f CO . I. EREOF, I have thereunto set my hand and attached the seal of said Company this 16 day ofSeptember 2016 Randall Musselman, Secretary NOTICE TO PROCEED WATTENBERG WATER SYSTEM IMPROVEMENTS PROJECT Date: To: Integrated Water Services, Inc. 4001 N. Valley Drive Longmont, CO 80504 Name of Project: WATTENBERG WATER SYSTEM IMPROVEMENTS PROJECT described in the Invitation for Bids, Bid No. B1600134. You are hereby notified to commence Work in accordance with the Agreement dated The date of completion of all Work is therefore Weld County, Colorado, County By Elizabeth Relford, Transportation Manager ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: (Contractor) Dated this day of ,2016. By Title 67 CHANGE ORDER NO. (EXAMPLE) WATTENBERG WATER SYSTEM IMPROVEMENTS PROJECT Date: Project: WATTENBERG WATER SYSTEM IMPROVEMENTS PROJECT described in the Invitation for Bids, Bid No. B1600134. County: 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: County Representative: Date: Mike Freeman (Chair) Engineer: Date: APPROVALS: Contractor: Date: County: Date: 68 CERTIFICATE OF SUBSTANTIAL COMPLETION WATTENBERG WATER SYSTEM IMPROVEMENTS PROJECT County's Project No: Engineer's Project No: Project: WATTENBERG WATER SYSTEM IMPROVEMENTS PROJECT described in the Invitation for Bids, Bid No. B1600134. Contractor: Integrated Water Services, Inc. Contract For: WATTENBERG WATER SYSTEM IMPROVEMENTS PROJECT 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 County, 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 7 days of the above date of Substantial Completion. To be effective, this form must be sigmed by the County, the Engineer, and the Contractor. County: Date: Engineer: Date: Contractor: Date: 69 LIEN WAIVER (GENERAL CONTRACTOR) WATTENBERG WATER SYSTEM IMPROVEMENTS PROJECT TO: Weld County Public Works Attn: Elizabeth Relford, Transportation Manager P.O. Box 758 Greeley, Colorado 80632 To Whom It May Concern: 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: WATTENRFR(i WATER SYSTEM IMPROVEMENTS PROJECT described in the Invitation for Bids, Bid No. B1600134. 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 ,2016, by My commission expires: Notary Public. 70 FINAL LIEN WAIVER (SUBCONTRACTORS) WATTENBERG WATER SYSTEM IMPROVEMENTS PROJECT To 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 County. NOW, THEREFORE, this day of , 2016, 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 County, on account of labor, services, material, fixtures, apparatus or machinery heretofore or which may hereafter be furnished by the undersigned to or for the above described premises by virtue of said contract. (F) (SEAL) (Name of sole ownership, corporation or partnership) (Affix Corporate seal here) (SEAL) (Signature of Authorized Representative) Title: INSTRUCTIONS FOR FINAL WAIVER (A) Person or firm with whom you agreed to furnish either labor, or services, or materials, or both. (B) Fill in nature and extent of work; strike the word labor or the word materials if not in your contract. (C) If you have more than one contract on the same premises, describe the contract by number if available, date and extent of work. (D) Furnish an accurate enough description of the improvement and location of the premises so that it can be distinguished from any other property. (E) Amount shown should be the amount actually received and equal to total amount of contract as adjusted. (F) If waiver is for a corporation, corporate name should be used, corporate seal affixed and title of officer signing waiver should be set forth; if waiver is for a partnership, the partnership name should be used, partner should sign and designate himself as partner. 71 NOTICE OF ACCEPTANCE WATTENBERG WATER SYSTEM IMPROVEMENTS PROJECT Date: To: Integrated Water Services, Inc. 4001 N. Valley Drive Longmont, CO 80504 RE: WATTENBERG WATER SYSTEM IMPROVEMENTS PROJECT described in the Bid No. B1600134. This is to inform you that the above referencedjob, has been satisfactorily completedin 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. Weld County, Colorado, County By: Elizabeth Relford, Transportation Manager ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: (Contractor) Dated this day of , 2016. By Title 73 CERTIFICATIONS CIVIL RIGHTS WATTENBERG WATER SYSTEM IMPROVEMENTS PROJECT The undersigned is fully aware that this contract is wholly or partially federally funded, and further, agrees to abide by the: Civil Rights Act of 1964, Title VI, as amended, that provides no person on the basis of Race, Color, or National Origin shall be excluded from participation, denied program benefits, or subjected to discrimination. And, Civil Rights Act of 1968, Title VIII, as amended, will not discriminate in housing on the basis of Race, Color, Religion, Sex, or National Origin. And, Rehabilitation Act of 1973, Section 504, as amended, that no otherwise qualified individual shall solely by reason of his or her handicap be excluded from participation and/or employment, denied program benefits, subjected to discrimination under any program receiving federal funds; And, Housing and Community Development Act of 1974, Section 109, as amended, that no person shall be excluded from participation (including employment), denied program benefits, or subjected to discrimination on the basis of Race, Color, National Origin, Sex, Age, and Handicap under any program or activity funded in whole or part under Title I (CDBG) of the Act. And, Age Discrimination Act of 1975, as amended, that no person shall be excluded from participation, denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving federal funds. And, Americans with Disabilities Act of 1990, as amended, that there shall be no employment discrimination against "qualified individuals with disabilities." And, Executive Order 11063, that no person shall, on the basis of race, color, religion, sex, or national origin, be discriminated against in housing and related facilities provided with federal assistance, or lending practices with respect to residential property when such practices are connected with loans insured or guaranteed by the federal government. And, Executive Order 11246, as amended, that no person shall be discriminated against, on the basis of race, color, religion, sex, or national origin, in any phase of employment during the performance of federal or federally assisted construction contracts in excess of $10,000. EQUAL EMPLOYMENT OPPORTUNITY During the performance of the contract, the CONTRACTOR agrees as follows: I. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, creed, sex, color, national origin, familial status, religious affiliation or handicap. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex, color, national origin, familial status, religious affiliation or handicap. Such action shall include, but not be limited to, the following: 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. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the GRANTEE setting forth the provisions of this non-discrimination clause. 2. The CONTRACTOR will, in all solicitation or advertisements for employees placed by or on behalf of the CONTRACTOR for the GRANTEE, state that all qualified applicants will receive consideration for employment without regard to race, creed, sex, color, national origin, familial status, religious affiliation or handicap. 74 3. The CONTRACTOR will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 4. The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the GRANTEE's Department of Housing and/or Community Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 5. In the event of the CONTRACTOR's non-compliance with any provision of this contract or with any of such rules, regulations or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 6. The CONTRACTOR will include the provisions of the subparagraphs 12 (a) through (0 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provision will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the GRANTEE's Department of Housing and/or Community Development may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that in the event the CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the GRANTEE's Department of Housing and/or Community Development, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS SECTION 503 (if contract $25,000 or over) 1. The CONTRACTOR will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The CONTRACTOR agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 2. The CONTRACTOR agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 3. In the event of the CONTRACTOR's non-compliance with the requirements of this clause, actions for non- compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 4. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the CONTRACTOR's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. 75 5. The CONTRACTOR will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the CONTRACTOR is bound by the terms of Section 503 of Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. 6. The CONTRACTOR will include the provisions of this clause in every subcontract or purchase order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor with respect to any subcontract or purchase order as the Director of the Office of Federal contract Compliance Programs may direct to enforce such provisions, including action for non-compliance. ACCESS TO RECORDS AND RECORDS RETENTION The undersigned certifies, to the best of his or her knowledge and belief that: 1. The individual, sole proprietor, partnership, corporation, and/or association agrees to permit the County of Weld, State of Colorado Department of Local Affairs (DOLA), U. S. Department of Housing and Urban Development (HUD), and the Office of the Inspector General and/or their designated representatives to have access to all records for review, monitoring, and audit during normal working hours. 2. The individual, sole proprietor, partnership, corporation, and/or association agrees to retain all records for at least five years following the "official State of Colorado Department of Local Affairs (DOLA)"Closeout" date of the grant or the resolution of all audit findings, whichever is later. CONFLICT OF INTEREST The undersigned is fully aware that this contract is wholly or partially federally funded, and further. by submission of the bidor proposal that the individual or firm, certifies that: 1. There is no substantial interest, as defined by Colorado Statutes, with any public official, employee, agency, commission, or committee with the Weld County or DOLA. 2. Any substantial interest, as defined by Colorado Statutes, with any public official, employee, agency, commission, or committee (including members of their immediate family) with Weld County that develops at any time during this contract will be immediately disclosed to Weld County and DOLA. ANTI -LOBBYING CERTIFICATION The undersigned certifies, to the best of his or her knowledge and belief that: 1. 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 agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of 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. 2. 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 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. 3. The undersigned shall require that the language of this Certification be included in the award documents for all sub -awards to all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and 76 cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. CERTIFICATIONS SIGNATURE FORM Return this page with proposal. These Certifications (Civil Rights, Equal Employment Opportunity, Affirmative Action for Handicapped Workers - Section 503, Access to Records and Records Retention, Conflict of Interest, Lobbying) arc a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of these Certifications is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Jeff Thomas (typed name of official) ature of official) 77 CONTRACTOR/SUBCONTRACTOR CERTIFICATIONS WATTENBERG WATER SYSTEM IMPROVEMENTS PROJECT Grantee must require that prospective bidders complete and incorporate the following certifications as part of their bid submittal package. EQUAL EMPLOYMENT OPPORTUNITY - EXECUTIVE ORDER 11246 SECTION 3 & SEGREGATED FACILITIES CERTIFICATION NONCOLLUSION AFFIDAVIT OF PRIME CONTRACTOR 78 CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY WATTENBERG WATER SYSTEM IMPROVEMENTS PROJECT INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions, Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such a report is submitted. CERTIFICATION BY BIDDER Integrated Water Services, Inc., PO Box 9570, Avon, CO 81620 NAME AND ADDRESS OF BIDDER (Include ZIP Code) 1 Bidder has participated in a previous contract or subcontractor subject to the Equal Opportunity Clause. x Yes No 2. Compliance reports were required to be completed in connection with such contract or subcontract. x Yes No 3. Bidder has filled all compliance reports due under applicable instructions. x Yes No 4, Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended. Yes x No Jeff mas, Vice President NAME AND T LE SIGNATURE F SIGNER (Please type) 9/8/2016 DATE 79 CERTIFICATION OF CONTRACTOR REGARDING SECTION 3 AND SEGREGATED FACILITIES WATTENBERG WATER SYSTEM IMPROVEMENTS PROJECT Wattenberg Improvement Association Integrated Water Services, Inc. Water Treatment Plant Improvement Projec Name of Contractor or Sub -Contractor Project Name and Number CDBG — 15-504 The undersigned hereby certifies that: (a) Section 3 provisions are included in the Contract if this is a Section 3 project. (b) No segregated facilities will be maintained as required by Title VI of the Civil Rights Act of 1964. Jeff Thomas, Vice President Name and Title o ign- (Type of Print) Signature 9/8/16 Date NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of WATTENBERG WATER SYSTEM IMPROVEMENTS PROJECT (Obi relic.: County of ) ss_ Jeff Thomas being first duly sworn, deposes and says that: (1) He is Vice President of Integrated Water Services, Inc. ,theBidderthathassubmittedthe attached Bid; (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affined, has in any way colluded, conspired, connived or agreed, directly or indirectly with another Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly of indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix an overhead, profit or cost element of the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the (Local Public Agency) or any person interested in the proposed Contract; and (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of t e e-'dder or any of its agents, representatives, owners, employees, or parties in interest, including is affined. Subscribed and sworn to me this By: day of Notary Public /} My Commission expires:! ° ) J (Signed) Title ice President .20 ANDREWPERKINS NOTAi Y PUBLIC • STATE OF COLORADO Wary identification 120154027105 aSsieraninsiss•ion Expires 7/912010 81 INTEGRATED WATER SER VI CES, INC. Integrated P.Q. BOX 9570 AVON, CO 81 620 OFFICE: 720-207-5052 FAX: 970.949-1346 CERTIFICATION I, Gwen A Rogers, Vice President of Integrated Water Services, Inc. hereby certify that the following resolution/bylaw was duly adopted by the Board of Directors of Integrated Water Services, Inc. effective September 8, 2016. RESOLVED, that David W, Patton — President, Jeff Thomas — Vice President and Gwen A, Rogers -- Vice President of Integrated Water Services, Inc. each hereby are, authorized and directed to enter into, sign, execute, deliver and perform on behalf of Integrated Water Services, Inc. such agreements and other documents, as may be necessary or desirable in connection with bonds or other financial assurances, or application therefore, by Integrated Water Services, Inc. pursuant to or in connection with the Weld County contract for the Wattenberg Water System Improvement Project. I further certify that said resolution has not been amended or repealed and is still in full force and effect. IN WITNESS WHEREOF, I hereunto set my hand and affixed the seal of Integrated Water Services, Inc. this 8th day of September 2016_ o en A Rogers Vce President I SECTION 3 CERTIFICATIONS WATTENBERG WATER SYSTEM IMPROVEMENTS PROJECT This section should be included in all Section 3 covered contracts. The CDBC Program will notify those grantees who have Section 3 covered activities. Delete this section and the Section 3 forms if not applicable. THIS PROJECT IS IN WHOLE OR IN PART FEDERALLY FUNDED AND THE SUCCESSFUL BIDDER WILL BE REQUIRED TO ADHERE TO SECTION 3 PROVISIONS DOLA will monitor compliance with such provisions and standards for Weld County. The successful bidder will be required to complete the following forms in order to comply. A brief explanation of the form and when the form is to be submitted to DOLA is listed below. Should you have any questions concerning Section 3 or the forms to be submitted, please feel free to contact the DOLA CDBG Program Coordinator. SECTION 3 BUSINESS SELF -CERTIFICATION (1 page) This form is to be completed by the contractor if applicable, and submitted as a part of the bid package or within 3 days of contract award. The bidder completes this form to qualify as a Section 3 business concern. 82 Project Name: Wattenberg Water System Improvements Project Number: CDBG Weld 15-504 Contractor Name: Integrated Water Services, Inc. It is the policy of the Congress and the purpose of the federal Section 3 policy to ensure that the employment and other economic opportunities generated by federal financial assistance for housing, economic and community development programs shall, to the greatest extent feasible, be directed toward low and very low income persons, particularly those who are the recipients of government assistance for housing. Does your business qualify as a Section 3 business? Yes X No To qualify as a Section 3 business, you must meet one or more of the following three criteria (please check all that apply as per 24 CFR, Subchapter B, Part 135.5): Is owned (51% or more) by Section 3 residents (defined below *) Employs in permanent, full-time positions, at least 30% persons whom are currently Section 3 residents OR whom were Section 3 residents within three years of the date of first employment with the business Provides evidence of a commitment to subcontract in excess of 25% of the dollar award of all subcontracts to be awarded to businesses that meet one of the above definitions. * Section 3 residents are persons who either live in public housing or are at or below the following income qualifications (available from your Project Monitor or at HUD.GOV): http://www.huduser.orgiportal/datasets/i1/i12013/select Geography.adn) COUNTY Type of Household 1 Person Person 2 3 Person 4 5 6 Person 7 Person 8 Person Person Person Weld Moderate Income I certify that the above information is accurate, and agree to provide records upon request for verification of my eligibility as a Section 3 busine Signature Jeff omas Vice President Title 9/16/16 Name (printed) Integrated Water Services, Inc. 9/16/16 (typed name of entity) Date (date) 83 SECTION 3 RESIDENT CERTIFICATION Project Name Wattenberg Water System Improvements Project Contract Number CDBG Weld 15-504 I qualify as a Section 3 resident because: E I reside within the and County and my income is under 80% of area median income according to the income scale provided. I am NOT a Section 3 Resident. CompanyName (print) Integrated Water Services, Inc. Employee Name (print) Jeff Thomas Signature Date 9/1 6/16 Weld County 80% of Median Income by Family Size (Income Limits available at HUD.GOV: COUNTY http://www.huduser.org/nortal/datasets/i11i12013/select Geography.odn) Type of Household 1 Person 2 Person 3 Person 4 5 6 Person 7 Person 8 Person Person Person Weld County Moderate Income 84 SPECIAL PROVISIONS WELD COUNTY PUBLIC WORKS DEPARTMENT The following provisions take precedence over Specifications or Plans and supplement the 2011 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) and Design Criteria and Construction Specifications shall control construction of this project. Following is the list of special provisions for this project. These files are attached as separate files to this bid document: 2274.2c -01010- 2274.2c -01020- 2274.2c — 01039 — 2274.2c -01080- 2274.2c — 01200 — 2274.2c — 01340 — 2274.2c -01380- 2274.2c -01400- 2274.2c — 01500 — 2274.2c -01550- 2274.2c — 01600 - 2274.2c -01650- 2274.2c -01700- 2274.2c - 01730 — 2274.2c — 02220 — 2274.2c — 02300 — 2274.2c — 02370 — 2274.2c — 01010A 2274.2c — 01010B 2274.2c — 01020A 2274.2c — 01020B 2274.2c — 02510 — 2274.2c — 02676 — 2274.2c — 02740 — 2274.2c — 02950 — 2274.2c — 03300 — 2274.2c -06100- 2274.2c -06175- 2274.2c — 07200 — 2274.2c — 07465 — 2274.2c — 07600 — 2274.2c2274.2c-07611 — 2274.2c — 07900 — 2274.2c — 08100 — 2274.2c — 08331- 2274.2c -08710- 2274.2c — 09772 — 2274.2c — 09900 — 2274.2c —11216 — 2274.2c —11305 — 2274.2c — 11460 - Summary of Work Geotech Coordination and Meetings Identification Systems Payment Procedures — Unit Price Shop Drawings Product Data Construction Photographs Quality Control ConstructFacilitics and TempControls Cutting and Patching Materials and Equipment Starting of Systems Contract Closeout Operation and Maintenance Data Demolition Earthwork Erosion and Sedimentation Control — United Power Application 3-18-15 — Great Plains Structures Tank Package — Wattenberg Water Storage Tank Geotechnical Report - 20160511 — Al Ventures Pothole Documentation - 20160421 Water Distribution Systems Disinfection of Water Systems Asphaltic Concrete Paving Seeding Cast -In -Place Concrete Rough Carpentry Prefabricated Wood Trusses Insulation Metal Siding Flashing and Sheet Metal Sheet Metal Roofing Joint Scalers Hollow Metal Doors Overhead Coiling Doors Door Hardware FRP Wall Panels Coatings Submersible Well Pump Centrifugal Pumps Chemical Metering Pumps and Accessories 85 2274.2c —13122 2274.2c — 15090 2274.2c —15010 2274.2c —15060 2274.2c — 15075 2274.2c —15100 2274.2c —15835 2274.2c — 15850 2274.2c —15950 2274.2c —16050 2274.2c — 16150 2274.2c —16200 2274.2c —16250 - 2274.2c — 16280 2274.2c —16900 — Pre -Engineered Fiberglass Shelter (Peristaltic Pumps) — Supports and Anchors — Basic Mechanical Requirement — Pipe and Pipe Fittings — Mechanical Identification — Valves Cocks and Hydrants — Exhaust Fans — Air Outlets and Inlets — Testing, Adjusting, and Balancing — Basic Electrical Materials and Methods — VFDs and Control Equipment — Electric Motors Generator Natural Gas — ATS — I&C RESOLUTION RE: APPROVE EMERGENCY BID #B1600134, WATTENBERG WATERLINE, AND WAIVER OF TEN-DAY WAITING PERIOD FOR CONSIDERATION AND INVESTIGATION - DEPARTMENT OF PUBLIC WORKS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Department of Purchasing has requested waiver of the ten-day waiting period for Emergency Bid Request #B1600134, Wattenberg Waterline, for the Department of Public Works, due to starting the project as soon as possible to meet the grant deadline, and WHEREAS, the Board of County Commissioners deems it advisable to waive the ten-day waiting period for said emergency bid. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the ten-day waiting period for Emergency Bid Request #B1600134, Wattenberg Waterline, for the Department of Public Works, be, and hereby is, waived. BE IT FURTHER RESOLVED by the Board that the low bid from Integrated Water Service, Inc., in the amount of $438,100.00, be, and hereby is, accepted on an emergency basis. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of September, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditAdiv d! rte►• ti Weld County Clerk to the Board Mi<e Freeman, Chair Date of signature: 10 IS/ IG bara Kirkmeyer y Attorney Steve Moreno c,c,: PUC--cJ/mW/RE) PW C E - R/00) / 00) ( O/ICo 2016-2848 P00021 EO0073 MEMORANDUM Date: September 9, 2016 To: Trevor Jiricek, Director of General Services From: Elizabeth Relford and Don Dunker, Project Managers RE: Bid Request No. B1600134 — Wattenberg Water System Improvements Bids were received and opened on September 8, 2016 for contracted construction of water system improvements in Wattenberg. We received four bids ranging in price from $870,000 to $651,300. Integrated Water Services, Inc. submitted the low bid at $651,300.00. The submitted bids have been reviewed for errors and completeness and attached is the bid tabulation for your review. This project is being funded through a Department of Local Affairs (DOLA) Community Development Block Grant (CDBG) for $648,500. Approximately, $88,200 of this funding was identified for JVA, Inc. to design the water system improvements, which left $560,300 for construction/installation. In addition, the water tanks were bid separately by JVA, Inc. in order to meet the grant deadline of March 31, 2017. Therefore, only $439,847 remains for construction. Public Works has reviewed the scope of work and recommends removing the Leona Avenue waterline looping system for $133,000, the groundwater well pump spare, distribution pump, submersible tank mixer, chemical feed pump, chemical mixer, double walled chemical tank, double walled waste tank for and the minor contract revisions all totaling $80,200. By eliminating these items the project can be constructed within the existing budget. Public Works recommends an emergency bid award to Integrated Water Services, Inc. in the amount of $438,100 in order to ensure the project can begin as soon as possible to meet the grant deadline. Construction of the project is anticipated to take place as soon as a contract can be awarded with substantial completed in February 2017. ,,Z/( .,23g'g WELD COUNTY PURCHASING 1150 O Street Room 107, Greeley CO 80631 E -Mail: mwalters(a�co.weld.co.us E-mail: reverettco.weld.co.us Phone: (970) 356-4000, Ext 4222 or 4223 Fax: (970) 336-7226 DATE OF BID: SEPTEMBER 8, 2016 REQUEST FOR: WATTENBERG WATERLINE DEPARTMENT: PUBLIC WORKS BID NO: #B1600134 PRESENT DATE: SEPTEMBER 12, 2016 APPROVAL DATE: SEPTEMBER 12, 2016 (EMERGENCY APPROVAL) VENDOR TOTAL INTEGRATED WATER SERVICES INC. 4001 N. VALLEY DR LONGMONT CO 80504 DAN'S CUSTOM CONSTRUCTION INC 20905 WELD COUNTY ROAD 2 BRIGHTON CO 80603 VELOCITY CONSTRUCTORS INC 1330 S. CHEROKEE ST DENVER CO 80223 STANEK CONSTRUCTORS 651 CORPORATE CIRCLE, STE 108 GOLDEN CO 80401 **PUBLIC WORKS WILL REVIEW THE BIDS. $651,300.00 $733,600.00 $777,214.00 $870,000.00 2016-2848 ob73 JVA Job No. 2274.2c 0 U 0 a) N C a) a7 E 0. E 0) a) C a) r r ns Date: 09/08/2016, 10:00 AM V a, O a w C • C d 0 o. .o E tv H E :0 m Ncn a) r List of Subcontractors O c N N T Receipt of Addenda I* M 4t INT Bid Security (10%) C tn a) Bid Form O C yes Statement of Qualifications Company Name Integrated Water Services Dans Custom Construction Velocity Constructors Stanec Constructors Ranking N CO V U) CO n CO O) �O x- 0 CD Cri Wattenberg Contractor Bid Tabulation Summary.xlsx JVA Job No. 2274.2c Date: 09/08/2016, 10:00 AM c o j t— d •v O o a` N • -. Q d c c E o o m Eo`3 CI) L 3 > a12 • 13 d m ET N N cn c ✓ r la' t0 TOTAL PROJECT COST DBE Forms 0 c yes Debarment Certification 0 c N >, Evidence of Authority to do Business in Colorado o c yes List of Suppliers 0 c Iyes cso 0 N a, ea as a Wattenberg Contractor Bid Tabulation Summary.xlsx co CO C) C W 0 O V a i 0 0 tie 0 a I° Cu Unit Price (Do +a ca m 0 O O N A E Ear O O O O O O mcr- O L ) es - O 0 0 O ti Es 0 O Es 0 O LU 0 O Es 0 O 0 LO Es 0 O 0 O CO r Ef-} 0 O N Es O O O O 6R ER 0 O 0 O Es O O O Es O O CO - Ea O (O Cr)- O O Es O O a) Es O O T - Es O O Es O O mcr- Es O O C6 Es O O O Es 0 O Es 0 O 006 Ef} 0 L) & r Es 0 0 Es 0 O a) Efl 0 O Es 0 O Es 0 O Ncr- Ef} 0 O Co Ef} 0 O CD - N Es 0 LU 0 O 0 Co Es LU Es 0 'O L / r Ef} 0 O Ca LO r Eft O LO L CO - LO O Es 0 0 CO - Es LO O CN Ef} 0 0) N Es 0 LU Es O O LU Et} O O C0 (N 0 0 r Ef} 0 O O O O 0 0 Es O O O r Eft 0 O Es O O r - Es O N Es O LO ti Ef} i 0 N- 0 Co Es 0 LU Es O O LU Es O O CO- T- 609- . _ U) J U) J U) J r r U) J U) r U) J UJ J r Q r Q C 0 B N a O E 0 0 B co a O 2 0 O 0 .O O L Ill 0 O E a) 0 C a) E .5 cr III 0) U) w 0 _0 CU 0 a) rr O co III O r O r N O N N O Nct N O 0) a) U) O) CL a) a) C 0 co Q 0) a 00 a) J a 0) > c RI CL C CL N J (� O r O O) 0 Water Treatment Bui a) L n3 fa V / a E a_ a) a) cu p O L 0 r O r a E CL 0 p U) 0 N O Q W Q W N a E 0 -o a) a) U) 0 L C cu a) 15 O E U) Q W Q W ww M N CO r J 0 O as O O O Es CO - CD N (fl Eft O O N (O Es 0 (O Es N- a E a. a) L U E L 0 CC) co Ea) 0 C CU I ed Chemica p a) 0 co I a) CU a) CU a) p O 0 a) UJ a) O a I E p U) 0) a U) 0 O M Ict LU CO N- CO r r O O O O O O O O r r r r r CO In r- r r r �- r r 0 2 0 O a) W U) 0 C 0 p CU O B n3 a) E La (/) Generator and ATS O O O CO CO CO r r N - L a) aO T U) C 0 CU L O L 0 CI a) C Q D D LO O CO r 0 a O S a a a O 'cr. S a a a O r. d' S a a a O S �a r - C O 5 a) rr U LT C 0 0 L O C 2 SUBTOTAL o c0 in M O) N r N Co CD r- IN. ft S S O CO M r LO Co M 6) N Mrs r. N Co - 0 M r- in ( S S Water Storage Tank a) a) D a) O m -J a 1- O co O CD r- . Dn Velocity Constructors Stanec Constructors 1 IUnit Price (Dollars) I Total Price (Dollars) :5,000 0 0 0 - lb 6F} 5,000 0 0 0 - lo Eft I $13,548 1 $13,548 I $ tal Price (Dollars) 0 CY) r- 0) (fl C3) O O f - `-' r Eft 69 Q Unit Price (Dollars) 0 CO A- M (O C) O O N.- r- bg ea Q (.....no O .J Q 17') L as a V O O 0 ''' %. v V 0 O Oi Q 5, Q O Q O O O O O 0 O 0 _Q Q? O O O O O O O O O Q Q t) D '�. _ N N O � .. Q Q O O O O O O O O O Q Q O O O co cN �? ' ' �: N O7 CO- N O m m in cr,N r- r-; r; .-. C O 0 E 0 Cl) z 0 c co 2 O H IP- MI try CD a. Cu 0 o a. m 0 O LO - 0 0 Eft 0 O N N CA - 0 O M S 0 O N EA - 0 0 0 0 06 S 0 0 ci Ce 0 0 N to S 0 0 F. 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