HomeMy WebLinkAbout20170335.tiffNOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR SPECIAL 111 OPERATION
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
Weld County COUNTY
Ames Construction, Inc. (the "Applicant/Operator") has applied for a Special 111 reclamation permit from the
Colorado Mined Land Reclamation Board (the "Board") to* conduct the extraction of construction materials in
Weld County County. The attached information is being provided to notify you of the location and nature of the
proposed operation. The entire application is on file with the Division of Reclamation, Mining, and Safety (the "Division")
and the local county clerk or recorder.
The Applicant/Operator proposes to reclaim the affected land to Rangeland use. Pursuant to
Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Board of County Commissioners before approving of
the post -mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note
that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the
application within five (5) working days after the application was filed with the Division.
If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact the
Division of Reclamation, Mining, and Safety, 1313 Sherman St., Room 215, Denver, Colorado 80203, (303) 866-3567.
NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice
of a change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate
description of the changes.
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2017-0335
STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: (3031866-3567
FAX: (303) 832-8106
CONSTRUCTION MATERIALS
SPECIAL (11!) OPERATION
RECLAMATION PERMIT APPLICATION FORM
COLORADO
DIVISION OF
RECLAMATION
MINING
SAFETY
The application for a Construction Materials Special 111 Operation Reclamation Permit contains four major parts: (1) the application form;
(2) Exhibits A -L, Addendum 1, and any sections of Exhibit 6.5 (Geotechnical Stability Exhibit), as required by the Office, and outlined in
Rules 6.1, 6.2, 6.3, 6.5, and 1.6.2(1)(b); (3) the application fee; (4) the Performance Warranty and if required a Financial Warranty. When
you submit your application, be sure to include one (I) completed, signed and notarized ORIGINAL and one (1) copy of the completed
application form, two (2) copies of Exhibits At, Addendum 1, appropriate sections of Exhibit 6.5 (Geotechnical Stability Exhibit), as
required, a check for the application fee described under (4) below, and the fully executed Performance Warranty and Financial Warrant', if
required. Exhibits should NOT be bound or in 3 -ring binders; maps should be folded to 8 2" X 11" or 8 2" X 14" size. To expedite
processing, please provide the information in the format and order described in this form.
GENERAL OPERATION INFORMATION
Type or print clearly, in the space provided, all information described below
1. Applicant/operator or company name (name to be used on the permit):
Ames Construction, Inc.
1.1 Type of organization (corporation, partnership, etc.): Corporation
' Operation name (pits mine or site name): Ard Property Borrow
3. Permitted acreage: 7 Permitted Acres
4. New Application:
5. Primary commodities) to be mined: Fill Dirt
6. Name of owner to the surface of affected land: Pamela K. Ard
'7
$898.00 Application Fee
Name of owner to the subsurface rights of affected land: Pamela K. Ard
8. Type of mining, operation: Surface S Underground In -situ
9. Location information: The center of the area where the majority of mining will occur:
COL . ' • Weld County
f tll (Colorado) 10th (New Mexico)
S 6
PRINCIPAL MERIDIAN (check one):
SECTION (write number):
TOWNSHIP (write number and check direction):
RANGE (write number and check direction):
QUARTER SECTION (check one):
QUARTER/QUARTER SECTION (check one):
T 4
R 64
NE
NE
North
East
NW
NW
South
West
SE
SE
Ute
SW
SW
GENERAL DESCRIPTEON: (the number of miles and direction from the nearest town and the approximate elevation):
24098 COUNTY ROAD 50 WELD- Agricultural 3.5 miles South of U534 and WCR 49
Office of
Mind Land Reclamation
Office of
Denver • Grand Junction • Durango Active and Inactive Mines
10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM):
Latitude/Longitude:
Example: (N) 39° 44' 12.98"
(W) 104° 59' 3.87"
Latitude (N): deg 40 min 20 sec 44 .39 (2 decimal places)
Longitude (W): deg 104 min 35 sec 37 .26 (2 decimal places)
OR
Example: (N) 39.73691°
(W) -104.98449°
Latitude (N) (5 decimal places)
Longitude(W) (5 decimal places)
OR
Universal Tranverse Mercator (UTM)
Example: 201336.3 E NAD27 Zone 13
4398351.2 N
Nad 83 12
UTM Datum (specify NAD27, NAD83 or WGS 84) Zone
Fasting
Northing
11. Primary Future (Post -mining) Land Use (check only one):
d
Cropland(CR) Pastureland(PL)
Rangeland(RL) 11 Forestry(FR)
Residential(RS) Recreation(RC)
Developed Water Resources(WR)
12. Primary Present Land Use (check only one):
Cropland(CR)
Pastureland(PL)
Rangeland(RL) Forestry(FR)
Residential(RS) jal Recreation(RC)
Developed Water Resources(WR)
13. Estimated Beginning Date of Contract:
13.1 Estimated completion date of contract:
■
General Agriculture(GA)
Wildlife Habitat(WL)
Industrial/Commercial(IC)
Solid Waste Disposal(WD)
General Agriculture(GA)
1 Wildlife Habitat(WL)
Industrial/Commercial(IC)
Mining(MN)
02/20/2017
11/30/2017
T
3
15. Correspondence Information:
APPLICANT/OPERATOR (name, address, and phone of name to be used on permit)
Contact's Name: Robert Gillis Title: Senior Vice President
Company Name: Ames Construction, Inc.
Street/P.O. Box: 18450E 28th Ave P.O. Box:
City: Aurora
CO
State: 80011
Zip Code.
Telephone Number: (303 ) _ 363-1000
Fax Number:
PERMITTING CONTACT (if different from applicant/operator above)
_Contact's Name: Dustin Williams Title: Project Manager
Company Name: Ames Construction, Inc.
Street/P.O. Box: 18450E 28th Ave P.O. Box:
City: Aurora
State: CO Zip Code: 80011
Telephone Number: (303 ) _ 363-1000
Fax Number:
INSPECTION CONTACT
Contact's Name: Dustin Williams Title: Project Manager
Company Name: Ames Construction, Inc.
Street/P.O. Box: 18450E 28th Ave P.O. Box:
City: Aurora
State: CO Zip Code: 80011
Telephone Number: (303 ) _ 363-1000
Fax Number: ( ) -
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State:
Telephone Number:
Zip Code:
( )-
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( )
14. Maps & Exhibits: Submit two (2) complete, unbound copies of the following application exhibits:
6.3.1
6.3.2
6.3.2
6.3.4
6.3.5
6.3.6
6.3.7
6.3.8
6.3.9
6.3.10
6.3.11
6.3.12
1.6.2(1)(b)
6.5
EXHIBIT A - Legal Description and Location Map
EXHIBIT B - Site Description
EXHIBIT C - Mining Plan
EXHIBIT D - Reclamation Plan
EXHIBIT E - Maps, to include the location of any recorded easements
EXHIBIT F - List of Other Permits and Licenses Required
EXHIBIT G - Source of Legal Right -to -Enter
EXHIBIT H - Municipalities Within a Two-mile Radius
EXHIBIT I - Proof of Filing with County Clerk
EXHIBIT J - Proof of Mailing Notices of Permit Application
EXHIBIT K - Terms of Governmental Contract
EXHIBIT L - Permanent Man-made Structures
ADDENDUM 1 - Notice Requirements
Geotechnical Stability Exhibit (as required)
Responsibilities as a Permittee:
Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a number of
important requirements which you, as a permittee, should fully understand. These requirements are listed below. Please read and initial
each requirement, in the space provided, to acknowledge that you understand your obligations. If you do not understand these obligations
then please contact this Office for a full explanation.
1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for
all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining
operation in the event your permit is revoked and financial warranty is forfeited;
2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the
terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or
your permit misrepresent important material facts;
3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary,
substantial civil penalties, to you as permittee can result;
4. Any modification to the approved mining and reclamation plan from those described in your approved application
requires you to submit a new permit application and obtain approval from the Board or Office;
5. It is your responsibility to notify the Office of any changes in your address or phone number;
6. Upon permit issuance and prior to beginning on -site mining activity, you must post a sign at the entrance of the mine site,
which shall be clearly visible from the access road, with the following information (Rule 3.1.12):
a. the name of the operator;
b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land
Reclamation Board; and,
c. the permit number.
7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and
adequate to delineate such boundaries prior to site disturbance;
8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in
your application, as well as with the provisions of the Act and the Mineral Rules and Regulations in effect at the time the permit is
issued.
9. Annually, on the anniversary date of permit issuance, you must submit an annual fee ($504), and an annual report which
includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year), any
monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees
are for the previous year a permit is held. For example, a permit with the anniversary date of July 1, 1995, the annual fee is for the
period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may
result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as an
operator, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility.
NOTE TO COMMENTORS/OBJECTORS:
It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office. Therefore, if
you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will
know what changes may have been made to the application document.
The Office is not allowed to consider comments, unless they are written, and received prior to the end of the public comment
period. You should contact the applicant for the final date of the public comment period.
If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process, you may
contact the Office at (303) 866-3567.
6
Certification:
As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of
the following terms and conditions:
1. All necessary approvals from local government have been applied for (Section 34-32.5-111(1)(a)(IX));
2. This entire mining operation will not affect more than 30 acres;
3. This mining operation will not adversely affect the stability of any significant, valuable and permanent man-made
structure(s) located within two hundred (200) feet of the affected lands. (However, where there is an agreement between
the applicant/operator and the persons having an interest in the structure that damage to the structure is to be compensated
for by the applicant/operator (Section 34-32.5-115(4)(e), C.R.S. 1984, as amended), then mining may occur within 200 feet.
Proof of an agreement must be submitted to the Office prior to the decision date.)
4. No mining operation will be located on lands where such operations are prohibited by law
(Section 34-32.5-115(4)(f), C.R.S. 1984, as amended);
5. As the applicant/operator, I do not have any mining/exploration operations in this state of Colorado currently in
violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials
(Section 34-32.5-120, C.R.S. 1984, as amended) as determined through a Board finding.
6. I understand that statements in the application are being made under penalty of perjury and that false statements
made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. 1984, as amended.
This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-111, C.R.S., of the Colorado
Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in
voiding any permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties
for operating without a permit pursuant to section 34-32.5-123, C.R.S.
Signed and dated this Z ( t day of 3; `��--� Z. DI
Ames Construction, Inc.
By:
App 'can/O.erat
Title:
State of
County of
) ss.
•
If Corporation Attest (Seal)
By:
Corporate Secretary or Equivalent
Town/City/County Clerk
The foregoing instrument was acknowledged before me this day of
by as of
Notary Public
My Commission expires:
SIGNATURES MUST BE IN BLUE INK
t
The following is a sample of the Notice required for Rule 1.6.2(1)(b) that you may wish to use. You must post a notice at the
proposed access to the site.
NOTICE
This site is the location of a proposed construction materials operation. (Name of the Applicant/Operator) Ames Construction, Inc.
whose address and phone number is (Address and Phone Number of the Applicant/Operator)
18450 E. 28th Ave. Aurora, CO 80011
303-363-1000 „ has applied for a Special 111 Operation Reclamation Permit with the Colorado Mined Land Reclamation Board.
Anyone wishing to comment on the application may view the application at the (County Name) Weld County
County Clerk or Recorder's Office, (Clerk or Recorder's Office Address) 1401 N. 17th Ave Greeley, CO 80631
and should send comments prior to the end of the public comment period to the Division of Reclamation, Mining, and Safety,
1313 Sherman St., Room 215, Denver, Colorado 80203.
Certification:
I, (Name of the Applicant/Operator) Ames Construction, Inc. hereby certify that I posted a sign containing the
b b
above notice for the proposed permit area known as the (Name of Operation) Ard Property Borrow ,on (Date
Posted)
k
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N2s---. s
ATURE
DATE
\(9-,6 (r7
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR SPECIAL 111 OPERATION
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
Weld County COUNTY
Ames Construction, Inc. (the "Applicant/Operator") has applied for a Special 111 reclamation permit from the
Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials in
Weld County County. The attached information is being provided to notify you of the location and nature of the
proposed operation. The entire application is on file with the Division of Reclamation, Mining, and Safety (the "Division")
and the local county clerk or recorder.
The Applicant/Operator proposes to reclaim the affected land to Rangeland use. Pursuant to
Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Board of County Commissioners before approving of
the post -mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note
that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the
application within five (5) working days after the application was filed with the Division.
If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact the
Division of Reclamation, Mining, and Safety, 1313 Sherman St., Room 215, Denver, Colorado 80203, (303) 866-3567.
NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice
of a change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate
description of the changes.
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR SPECIAL 111 OPERATION
NOTICE TO THE BOARD OF SUPERVISORS
OF THE LOCAL CONSERVATION DISTRICT
West Greeley Conservation DISTRICT
Ames Construction, Inc. (the "Applicant/Operator") has applied for a Special 111 reclamation permit from the
Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials in
Weld County County. The attached information is being provided to notify you of the location and nature of the
proposed operation. The entire application is on file with the Division of Reclamation, Mining, and Safety (the "Division")
and the local county clerk or recorder.
The Applicant/Operator proposes to reclaim the affected land to Rangeland use. Pursuant to
Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Conservation Districts before approving of the post -
mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in
order to preserve your right to a hearing before the Board on this application, you must submit written comments on the
application within five (5) working days after the application was filed with the Division.
If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact the
Division of Reclamation, Mining, and Safety, 1313 Sherman St., Room 215, Denver, Colorado 80203, (303) 866-3567.
NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of a
change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate
description of the changes.
NOTICE OF FILING CHANGE TO A
SPECIAL 111 OPERATION APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
Weld County COUNTY
Ames Construction, Inc. (the "Applicant/Operator") has applied for a change to a Special 111 reclamation permit
from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials in
Weld County County. The entire application is on file with the Division of Reclamation, Mining, and
Safety (the "Division") and the local county clerk or recorder.
The attached information is being provided to notify you there has been a change proposed in the application filed previously.
Notice of the original application should have been sent to you earlier by the applicant/operator on a "Notice of Filing
Application" form.
If you have any questions regarding this application, please feel free to contact the Division of Reclamation, Mining, and
Safety, 1313 Sherman St., Room 215, Denver, Colorado 80203, (303) 866-3567.
NOTE TO APPLICANT/OPERATOR: You must attach a complete and accurate copy of the change to a previously filed
application with the copy placed with the county clerk or recorder.
M:\min\share\vsforms\07-07010 vsfonns\Constniction 111 07/24/2007
An example Structure Agreement which meets the requirements of the Statutes is shown below.
*************************************************************************************
Structure Agreement
This letter has been provided to you as the owner of a structure on or within two hundred (200)
feet of a proposed mine site. The State of Colorado, Division of Reclamation, Mining and Safety
("Division") requires that where a mining operation will adversely affect the stability of any significant,
valuable and permanent man-made structure located within two hundred (200) feet of the affected land,
the Applicant shall either:
a) Provide a notarized agreement between the Applicant and the Person(s) having an interest in the
structure, that the Applicant is to provide compensation for any damage to the structure; or
b) Where such an agreement cannot be reached, the Applicant shall provide an appropriate
engineering evaluation that demonstrates that such structure shall not be damaged by activities
occurring at the mining operation; or
c) Where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead,
from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have
"no negative effect" on their utility. ( Construction Materials Rule 6.3.12 and Rule 6.4.19 & Hard
Rock/Metal Mining Rule 6.3.12 and Rule 6.4.20)
The Colorado Mined Land Reclamation Board ("Board') has determined that this form, if
properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(a),
Rule 6.4.19(a), and C.R.S. § 34-32.5-115(4)(e) and with Hard Rock/Metal Mining Rule 6.3.12(x), Rule
6.4.20(a), and C.R.S. 34-32-11S(4)(d). This form is for the sole purpose of ensuring compliance with the
Rules and Regulations and shall not make the Board or Division a necessary party to any private civil
lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the
Division.
The following structures are located on or within 200 feet of the proposed affected area:
None
1.
2.
J.
4.
5.
(Please list additional structures on a separate page)
A
CERTIFICATION
The Applicant, (print applicant/company name),
by (print representative's name), as Senior Vice President (print
representative's title), does hereby certify that (structure owner) shall
be compensated for any damage from the proposed mining operation to the above listed structure(s)
located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation
Permit Application for Ard Property Borrow (operation name),
File Number M- -
This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its
authority under the Colorado Land Reclamation Act for the Extraction of Co trciction Materials and
the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Desnoted Mining Operations.
Any alteration or modification to this form shall result in voiding this fo 1.
NOTARY FOR PERMIT APP CANT
ACKNOWLEGED BY:
Applicant Rep ., sentative Name
Date itle
STATE OF )
ss.
COUNTY OF )
The foregoing was acknowled:R before me this day of , 20 , by
s of
Notary Public
•
My Commission Expires:
NOTARY FOR STRUCTURE OWNER
ACKNOWLEGED BY:
Structure Owner
Date
STATE OF
COUNTY OF
Name
Title
The foregoing was acknowledged bef lime this day of , 20 , by
as � of
Notary Public
My Commission Expires:
f\
Psis 6w
STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St, Room 215
Denver, Colorado 80203
Phone: (303) 866-3567
FAX: (303) 832-8106
Operator:
Operation:
Permit Number:
PERFORMANCE WARRANTY
Ames Construction, Inc
Ard Borrow
COLORADO
DIVISION OF
RECLAMATION
MINING
SAFETY
This form has been approved by the Mined Land Reclamation Board ("Board") pursuant to
the Mined Land Reclamation Act (C.R.S. § 34-32-101 et. seq.) ("Hard Rock Act') and
associated Rules (2 C.C.R. 407-1) ("Hard Rock Rules') and the Land Reclamation Act for the
Extraction of Construction Materials (C.R.S. § 34-32.5-101 et. seq.) ("Construction Materials
Act") and associated Rules (2 C.C.R. 407-4) ("Construction Materials Rules"). Any alteration
or modification of this form, without approval by the Board shall result in the performance
warranty being invalid and result in the voiding of any permit issued in conjunction with such
invalid performance warranty and subject the operator to cease and desist orders and civil
penalties for operating without a permit pursuant to sections 34-32-123, C.R.S. of the Hard
Rock Act and 34-32.5-123, C.R.S. of Construction Materials Act.
KNOW ALL MEN BY THESE PRESENTS, THAT:
WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. § 34-32-101 et seq. (the
"Hardrock Act"), as amended, and the Colorado Land Reclamation Act for the Extraction of
Construction Materials, C.R.S. § 34-32.5-101 et seq. (the "Construction Materials Act"), as
amended (collectively the "Acts"), provide that no permit may be issued until the Mined Land
Reclamation Board (the "Board") receives a performance warranty consisting of the Operator's
written promise to comply with the requirements of the Hardrock or Construction Materials Act,
whichever is applicable.
WHEREAS, Ames Construction, Inc
(the "Operator"), has applied for a
permit to conduct a mining operation known as Ard Borrow
(the "Operation") on certain lands in Weld County, Colorado. These
lands are described in the permit application, as amended and supplemented, and are referred to
herein as the "Affected Lands."
WHEREAS, in its application for the permit, the Operator has agreed to be bound by all
requirements of the Hardrock or Construction Materials Act and all applicable rules and
regulations of the Board, as amended from time to time.
Office of
Mined Land Reclamation
Inactive Mines
Denver • Grand Junction • Durango
Office of
Active and
WHEREAS, the Operator hereby gives the Board this performance warranty pursuant to
C.R.S. §§ 34-32-117(2) or 34-32.5-117(2), and herein promises the Board that it will comply
with all applicable requirements of the Hardrock or Construction Materials Act.
NOW, THEREFORE, The Operator hereby promises the Board that it will comply with
all applicable requirements of the Hard Rock or Construction Materials Act and applicable rules
and regulations of the Board.
The Operator hereby promises the Board that it will comply with all of the terms of the
application for a permit, as amended and supplemented, as well as any conditions attached to the
permit by the Board.
The Operator promises the Board, pursuant to C.R.S. §§ 34-32-112(1)(d) or
34-32.5-112(1)(b)(IV), that it has the lawful authority to enter upon the Affected Lands to
conduct mining operations, including, but not limited to, reclamation. The Operator further
recognizes the right of the Board to enter to reclaim lands affected by the Operation.
The description of lands herein is for convenience of reference only, and no error in such
description, revision of the permitted mining area, or disturbance by the Operator of lands
outside of the permitted mining area shall alter or diminish the Operator's obligation hereunder,
which shall extend to the reclamation of all such lands disturbed.
The obligation of the Operator hereunder is such that, if the Operator shall successfully
comply with the requirements of the Hardrock or Construction Materials Act, applicable rules
and regulations, and the permit, then the Board, upon a finding that the Operator has so
complied, shall release this performance warranty, and the Operator from its obligation
hereunder. The obligation of the Operator hereunder shall continue until released by the Board
in accordance with applicable law.
The Operator promises to be responsible for the cost of reclamation up to the amount
established by the Board and has attached hereto its financial warranty, in accordance with
C.R.S. §§ 34-32-117(3) or 34-32.5-117(3). The Operator agrees that it will maintain a financial
warranty (or warranties) covering the Board's estimated costs of reclamation in good standing
for the entire life of the permit. If the Operator is a unit of County or Municipal government, or
is a department or division of State government, the Operator is not required to submit or post
any other instrument of financial responsibility but hereby promises to be responsible for the cost
of reclamation up to the amount specified by the Board.
If the Board determines that the Operator is in default under this performance warranty
and has failed to cure such default, although written notice of such default and ample time to
cure such default have been given, the Operator's financial warranty shall be subject to forfeiture.
This performance warranty may be executed in multiple copies, each of which shall be
treated as an original, but together they constitute only one agreement, the validity and
interpretation of which shall be governed by the laws of the State of Colorado. The provisions
hereof shall bind and inure to the benefit of the parties hereto and their successors and assigns.
2
SIGNED, SEALED AND DATED this day of ,
STATE OF
COUNTY OF
•
Operator
By:
Title:
(SEAL)
NOTARIZATION OF OPERATOR'S ACKNOWLEDGEMENT
)
)
)
SS.:
The foregoing instrument was acknowledged before me this day of
by as of
Notary Public
My Commission Expires
STATE OF COLORADO
DEPARTMENT OF NATURAL RESOURCES
MINED LAND RECLAMATION BOARD
DIVISION OF RECLAMATION, MINING AND SAFETY
> 1
By: Date Executed:
Division Director
Rev. 05/12
Applicant: Ames Construction, Inc.
Name of Site: Ard Borrow
Date: January 26, 2017
EXHIBIT A - Legal Description and Location Map
See attached
Pamela Ard
Section: 6 Township: 4N Range: 64W
24098 COUNTY ROAD 50
40° 20'44.39"N 104°35'37.26"W
,4
Owner. ARD EVELYN C
Account Si::: Parcel: _•
Subdrrruon:
Section: - Township: = . Range: -F
T ves Prover•.. Sec Ott Dicta Searcn $ i 'e+
sit Owner ARC) PAMELA K
Account : - - - Parcel.::. ` _ . _ 7,C
Address A. _•
Subdivision_
Section: Township: 4' . Range:: 4 .
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Exhibit B
Applicant: Ames Construction, Inc.
Name of Site: Ard Borrow
Date: January 26, 2017
EXHIBIT B - Site Description
(a) Existing Vegetation and soil characteristics of the site area.
The 8 acres of the permit site are presently rangeland. Existing
vegetation consists predominately of grasses.
The site soils have been classified by the United States
Department of Agriculture as a Olney fine sandy loam in
attached report.
(b)List of permanent man-made structures within 200 feet of affected
area:
There are no permanent man-made structures within 200 feet
of the affected area.
(c)Water resources in the area of the proposed borrow.
• East Neres Irrigation Canal borders the site to the west.
The canal is 5-6 feet above the existing ground elevation
of the mine site, so there should not be any concerns with
run off to the canal. The canal is lined with clay so the
mine site should not receive any ground water from the
canal.
• Gilmore Irrigation Canal is more than a mile to the west
and should not be a conflict.
• Lower Latham Reservoir is almost two miles to the west
and should not be a conflict.
(d)Wildlife assessment.
Not required for 111 Special Operations.
Page 1 of 1
USDA United States
Department of
Agriculture
\CS
Natural
Resources
Conservation
Service
A product of the National
Cooperative Soil Survey,
a joint effort of the United
States Department of
Agriculture and other
Federal agencies, State
agencies including the
Agricultural Experiment
Stations, and local
participants
Custom Soil Resource
Report for
Weld County,
Colorado,
Southern Part
Ard Borrow - Ames Construction
January 26, 2017
Preface
Soil surveys contain information that affects land use planning in survey areas.
They highlight soil limitations that affect various land uses and provide information
about the properties of the soils in the survey areas. Soil surveys are designed for
many different users, including farmers, ranchers, foresters, agronomists, urban
planners, community officials, engineers, developers, builders, and home buyers.
Also, conservationists, teachers, students, and specialists in recreation, waste
disposal, and pollution control can use the surveys to help them understand,
protect, or enhance the environment.
Various land use regulations of Federal, State, and local governments may impose
special restrictions on land use or land treatment. Soil surveys identify soil
properties that are used in making various land use or land treatment decisions.
The information is intended to help the land users identify and reduce the effects of
soil limitations on various land uses. The landowner or user is responsible for
identifying and complying with existing laws and regulations.
Although soil survey information can be used for general farm, local, and wider area
planning, onsite investigation is needed to supplement this information in some
cases. Examples include soil quality assessments (http://www.nrcs.usda.gov/wps/
portal/nrcs/main/soils/health/) and certain conservation and engineering
applications. For more detailed information, contact your local USDA Service Center
(https://offices.sc.egov.usda.gov/locator/app?agency=nrcs) or your NRCS State Soil
Scientist (http://www.nres.usda.gov/wps/portal/nres/detail/soils/contactus/?
cid=nres142p2_053951).
Great differences in soil properties can occur within short distances. Some soils are
seasonally wet or subject to flooding. Some are too unstable to be used as a
foundation for buildings or roads. Clayey or wet soils are poorly suited to use as
septic tank absorption fields. A high water table makes a soil poorly suited to
basements or underground installations.
The National Cooperative Soil Survey is a joint effort of the United States
Department of Agriculture and other Federal agencies, State agencies including the
Agricultural Experiment Stations, and local agencies. The Natural Resources
Conservation Service (NRCS) has leadership for the Federal part of the National
Cooperative Soil Survey.
Information about soils is updated periodically. Updated information is available
through the NRCS Web Soil Survey, the site for official soil survey information.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its
programs and activities on the basis of race, color, national origin, age, disability,
and where applicable, sex, marital status, familial status, parental status, religion,
sexual orientation, genetic information, political beliefs, reprisal, or because all or a
part of an individual's income is derived from any public assistance program. (Not
all prohibited bases apply to all programs.) Persons with disabilities who require
2
alternative means for communication of program information (Braille, large print,
audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice
and TDD). To file a complaint of discrimination, write to USDA, Director, Office of
Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or
call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity
provider and employer.
3
Contents
Preface 2
How Soil Surveys Are Made 5
Soil Map 8
Soil Map 9
Legend 10
Map Unit Legend 11
Map Unit Descriptions 11
Weld County, Colorado, Southern Part 13
4 Aquolls and Aquepts, flooded 13
47 Olney fine sandy loam, 1 to 3 percent slopes 14
48 Olney fine sandy loam, 3 to 5 percent slopes 16
57 Renohill clay loam, 3 to 9 percent slopes 17
References 19
4
How Soil Surveys Are Made
Soil surveys are made to provide information about the soils and miscellaneous
areas in a specific area. They include a description of the soils and miscellaneous
areas and their location on the landscape and tables that show soil properties and
limitations affecting various uses. Soil scientists observed the steepness, length,
and shape of the slopes; the general pattern of drainage; the kinds of crops and
native plants; and the kinds of bedrock. They observed and described many soil
profiles. A soil profile is the sequence of natural layers, or horizons, in a soil. The
profile extends from the surface down into the unconsolidated material in which the
soil formed or from the surface down to bedrock. The unconsolidated material is
devoid of roots and other living organisms and has not been changed by other
biological activity.
Currently, soils are mapped according to the boundaries of major land resource
areas (MLRAs). MLRAs are geographically associated land resource units that
share common characteristics related to physiography, geology, climate, water
resources, soils, biological resources, and land uses (USDA, 2006). Soil survey
areas typically consist of parts of one or more MLRA.
The soils and miscellaneous areas in a survey area occur in an orderly pattern that
is related to the geology, landforms, relief, climate, and natural vegetation of the
area. Each kind of soil and miscellaneous area is associated with a particular kind
of landform or with a segment of the landform. By observing the soils and
miscellaneous areas in the survey area and relating their position to specific
segments of the landform, a soil scientist develops a concept, or model, of how they
were formed. Thus, during mapping, this model enables the soil scientist to predict
with a considerable degree of accuracy the kind of soil or miscellaneous area at a
specific location on the landscape.
Commonly, individual soils on the landscape merge into one another as their
characteristics gradually change. To construct an accurate soil map, however, soil
scientists must determine the boundaries between the soils. They can observe only
a limited number of soil profiles. Nevertheless, these observations, supplemented
by an understanding of the soil -vegetation -landscape relationship, are sufficient to
verify predictions of the kinds of soil in an area and to determine the boundaries.
Soil scientists recorded the characteristics of the soil profiles that they studied. They
noted soil color, texture, size and shape of soil aggregates, kind and amount of rock
fragments, distribution of plant roots, reaction, and other features that enable them
to identify soils. After describing the soils in the survey area and determining their
properties, the soil scientists assigned the soils to taxonomic classes (units).
Taxonomic classes are concepts. Each taxonomic class has a set of soil
characteristics with precisely defined limits. The classes are used as a basis for
comparison to classify soils systematically. Soil taxonomy, the system of taxonomic
classification used in the United States, is based mainly on the kind and character
of soil properties and the arrangement of horizons within the profile. After the soil
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Custom Soil Resource Report
scientists classified and named the soils in the survey area, they compared the
individual soils with similar soils in the same taxonomic class in other areas so that
they could confirm data and assemble additional data based on experience and
research.
The objective of soil mapping is not to delineate pure map unit components; the
objective is to separate the landscape into landforms or landform segments that
have similar use and management requirements. Each map unit is defined by a
unique combination of soil components and/or miscellaneous areas in predictable
proportions. Some components may be highly contrasting to the other components
of the map unit. The presence of minor components in a map unit in no way
diminishes the usefulness or accuracy of the data. The delineation of such
landforms and landform segments on the map provides sufficient information for the
development of resource plans. If intensive use of small areas is planned, onsite
investigation is needed to define and locate the soils and miscellaneous areas.
Soil scientists make many field observations in the process of producing a soil map.
The frequency of observation is dependent upon several factors, including scale of
mapping, intensity of mapping, design of map units, complexity of the landscape,
and experience of the soil scientist. Observations are made to test and refine the
soil -landscape model and predictions and to verify the classification of the soils at
specific locations. Once the soil -landscape model is refined, a significantly smaller
number of measurements of individual soil properties are made and recorded.
These measurements may include field measurements, such as those for color,
depth to bedrock, and texture, and laboratory measurements, such as those for
content of sand, silt, clay, salt, and other components. Properties of each soil
typically vary from one point to another across the landscape.
Observations for map unit components are aggregated to develop ranges of
characteristics for the components. The aggregated values are presented. Direct
measurements do not exist for every property presented for every map unit
component. Values for some properties are estimated from combinations of other
properties.
While a soil survey is in progress, samples of some of the soils in the area generally
are collected for laboratory analyses and for engineering tests. Soil scientists
interpret the data from these analyses and tests as well as the field -observed
characteristics and the soil properties to determine the expected behavior of the
soils under different uses. Interpretations for all of the soils are field tested through
observation of the soils in different uses and under different levels of management.
Some interpretations are modified to fit local conditions, and some new
interpretations are developed to meet local needs. Data are assembled from other
sources, such as research information, production records, and field experience of
specialists. For example, data on crop yields under defined levels of management
are assembled from farm records and from field or plot experiments on the same
kinds of soil.
Predictions about soil behavior are based not only on soil properties but also on
such variables as climate and biological activity. Soil conditions are predictable over
long periods of time, but they are not predictable from year to year. For example,
soil scientists can predict with a fairly high degree of accuracy that a given soil will
have a high water table within certain depths in most years, but they cannot predict
that a high water table will always be at a specific level in the soil on a specific date.
After soil scientists located and identified the significant natural bodies of soil in the
survey area, they drew the boundaries of these bodies on aerial photographs and
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Custom Soil Resource Report
identified each as a specific map unit. Aerial photographs show trees, buildings,
fields, roads, and rivers, all of which help in locating boundaries accurately.
Soil Map
The soil map section includes the soil map for the defined area of interest, a list of
soil map units on the map and extent of each map unit, and cartographic symbols
displayed on the map. Also presented are various metadata about data used to
produce the map, and a description of each soil map unit.
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Custom Soil Resource Report
MAP LEGEND
Area of Interest (AO!)
Area of Interest (AOI)
Soils
a
Soil Map Unit Polygons
Soil Map Unit Lines
Soil Map Unit Points
Special Point Features
4
hi
"a
C
4-
420 e?
n b
irrir
Blowout
Borrow Pit
Clay Spot
Closed Depression
Gravel Pit
Gravelly Spot
Landfill
Lava Flow
Marsh or swamp
Mine or Quarry
Miscellaneous Water
Perennial Water
Rock Outcrop
Saline Spot
Sandy Spot
Severely Eroded Spot
Sinkhole
Slide or Slip
O Sodic Spot
a•
Spoil Area
Stony Spot
Very Stony Spot
Wet Spot
Other
Special Line Features
Water Features
Streams and Canals
Transportation
Rails
Interstate Highways
US Routes
Major Roads
Local Roads
Background
Aerial Photography
MAP INFORMATION
The soil surveys that comprise your AOI were mapped at
1:24,000.
Warning: Soil Map may not be valid at this scale.
Enlargement of maps beyond the scale of mapping can cause
misunderstanding of the detail of mapping and accuracy of soil
line placement. The maps do not show the small areas of
contrasting soils that could have been shown at a more detailed
scale.
Please rely on the bar scale on each map sheet for map
measurements.
Source of Map: Natural Resources Conservation Service
Web Soil Survey URL:
Coordinate System: Web Mercator (EPSG:3857)
Maps from the Web Soil Survey are based on the Web Mercator
projection, which preserves direction and shape but distorts
distance and area. A projection that preserves area, such as the
Albers equal-area conic projection, should be used if more
accurate calculations of distance or area are required.
This product is generated from the USDA-NRCS certified data as
of the version date(s) listed below.
Soil Survey Area: Weld County, Colorado, Southern Part
Survey Area Data: Version 15, Sep 22, 2016
Soil map units are labeled (as space allows) for map scales
1:50,000 or larger.
Date(s) aerial images were photographed: Apr 22, 2011 —Oct
19, 2011
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor
shifting of map unit boundaries may be evident.
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Custom Soil Resource Report
Map Unit Legend
Weld
County, Colorado, Southern Part (CO618)
Map Unit Symbol
Map Unit Name
Acres in AOI
Percent of AOI
4
Aquolls and Aquepts, flooded
4.5
5.8%
47
Olney fine sandy loam, 1 to 3
percent slopes
53.2
69.1%
48
Olney fine sandy loam, 3 to 5
percent slopes
8.8
11.4%
57
Renohill clay loam,
percent slopes
3 to 9
10.5
13.7%
Totals for Area of Interest
77.0
100.0%
Map Unit Descriptions
The map units delineated on the detailed soil maps in a soil survey represent the
soils or miscellaneous areas in the survey area. The map unit descriptions, along
with the maps, can be used to determine the composition and properties of a unit.
A map unit delineation on a soil map represents an area dominated by one or more
major kinds of soil or miscellaneous areas. A map unit is identified and named
according to the taxonomic classification of the dominant soils. Within a taxonomic
class there are precisely defined limits for the properties of the soils. On the
landscape, however, the soils are natural phenomena, and they have the
characteristic variability of all natural phenomena. Thus, the range of some
observed properties may extend beyond the limits defined for a taxonomic class.
Areas of soils of a single taxonomic class rarely, if ever, can be mapped without
including areas of other taxonomic classes. Consequently, every map unit is made
up of the soils or miscellaneous areas for which it is named and some minor
components that belong to taxonomic classes other than those of the major soils.
Most minor soils have properties similar to those of the dominant soil or soils in the
map unit, and thus they do not affect use and management. These are called
noncontrasting, or similar, components. They may or may not be mentioned in a
particular map unit description. Other minor components, however, have properties
and behavioral characteristics divergent enough to affect use or to require different
management. These are called contrasting, or dissimilar, components. They
generally are in small areas and could not be mapped separately because of the
scale used. Some small areas of strongly contrasting soils or miscellaneous areas
are identified by a special symbol on the maps. If included in the database for a
given area, the contrasting minor components are identified in the map unit
descriptions along with some characteristics of each. A few areas of minor
components may not have been observed, and consequently they are not
mentioned in the descriptions, especially where the pattern was so complex that it
was impractical to make enough observations to identify all the soils and
miscellaneous areas on the landscape.
The presence of minor components in a map unit in no way diminishes the
usefulness or accuracy of the data. The objective of mapping is not to delineate
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Custom Soil Resource Report
pure taxonomic classes but rather to separate the landscape into landforms or
landform segments that have similar use and management requirements. The
delineation of such segments on the map provides sufficient information for the
development of resource plans. If intensive use of small areas is planned, however,
onsite investigation is needed to define and locate the soils and miscellaneous
areas.
An identifying symbol precedes the map unit name in the map unit descriptions.
Each description includes general facts about the unit and gives important soil
properties and qualities.
Soils that have profiles that are almost alike make up a soil series. Except for
differences in texture of the surface layer, all the soils of a series have major
horizons that are similar in composition, thickness, and arrangement.
Soils of one series can differ in texture of the surface layer, slope, stoniness,
salinity, degree of erosion, and other characteristics that affect their use. On the
basis of such differences, a soil series is divided into soil phases. Most of the areas
shown on the detailed soil maps are phases of soil series. The name of a soil phase
commonly indicates a feature that affects use or management. For example, Alpha
silt loam, 0 to 2 percent slopes, is a phase of the Alpha series.
Some map units are made up of two or more major soils or miscellaneous areas.
These map units are complexes, associations, or undifferentiated groups.
A complex consists of two or more soils or miscellaneous areas in such an intricate
pattern or in such small areas that they cannot be shown separately on the maps.
The pattern and proportion of the soils or miscellaneous areas are somewhat similar
in all areas. Alpha -Beta complex, 0 to 6 percent slopes, is an example.
An association is made up of two or more geographically associated soils or
miscellaneous areas that are shown as one unit on the maps. Because of present
or anticipated uses of the map units in the survey area, it was not considered
practical or necessary to map the soils or miscellaneous areas separately. The
pattern and relative proportion of the soils or miscellaneous areas are somewhat
similar. Alpha -Beta association, 0 to 2 percent slopes, is an example.
An undifferentiated group is made up of two or more soils or miscellaneous areas
that could be mapped individually but are mapped as one unit because similar
interpretations can be made for use and management. The pattern and proportion
of the soils or miscellaneous areas in a mapped area are not uniform. An area can
be made up of only one of the major soils or miscellaneous areas, or it can be made
up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example.
Some surveys include miscellaneous areas. Such areas have little or no soil
material and support little or no vegetation. Rock outcrop is an example.
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Custom Soil Resource Report
Weld County, Colorado, Southern Part
4 Aquolls and Aquepts, flooded
Map Unit Setting
National map unit symbol: 3621
Elevation: 3,600 to 4,700 feet
Mean annual precipitation: 12 to 16 inches
Mean annual air temperature: 50 to 55 degrees F
Frost -free period: 100 to 165 days
Farmland classification: Prime farmland if drained and either protected from flooding
or not frequently flooded during the growing season
Map Unit Composition
Aquolls and similar soils: 55 percent
Aquepts, flooded, and similar soils: 25 percent
Minor components: 20 percent
Estimates are based on observations, descriptions, and transects of the mapunit.
Description of Aquolls
Setting
Landform: Depressions, drainageways, plains
Down -slope shape: Linear
Across -slope shape: Linear
Parent material: Recent alluvium
Typical profile
H1 - 0 to 8 inches: variable
H2 - 8 to 60 inches: stratified sandy loam to clay
Properties and qualities
Slope: 0 to 3 percent
Depth to restrictive feature: More than 80 inches
Natural drainage class: Poorly drained
Runoff class: Very low
Capacity of the most limiting layer to transmit water (Ksat): Moderately low to high
(0.06 to 6.00 in/hr)
Depth to water table: About 6 to 36 inches
Frequency of flooding: Frequent
Frequency of ponding: None
Calcium carbonate, maximum in profile: 10 percent
Salinity, maximum in profile: Moderately saline to strongly saline (8.0 to 16.0
mmhos/cm)
Sodium adsorption ratio, maximum in profile: 5.0
Available water storage in profile: Low (about 4.7 inches)
Interpretive groups
Land capability classification (irrigated): 6w
Land capability classification (nonirrigated): 6w
Hydrologic Soil Group: D
Ecological site: Salt Meadow (R067BY035CO)
Hydric soil rating: Yes
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Custom Soil Resource Report
Description of Aquepts, Flooded
Setting
Landform: Stream terraces
Down -slope shape: Linear
Across -slope shape: Linear
Parent material: Recent alluvium
Typical profile
Hi - 0 to 8 inches: variable
H2 - 8 to 60 inches: stratified sandy loam to clay
Properties and qualities
Slope: 0 to 3 percent
Depth to restrictive feature: More than 80 inches
Natural drainage class: Poorly drained
Runoff class: Very low
Capacity of the most limiting layer to transmit water (Ksat): Moderately low to high
(0.06 to 6.00 in/hr)
Depth to water table: About 6 to 36 inches
Frequency of flooding: Frequent
Frequency of ponding: None
Calcium carbonate, maximum in profile: 10 percent
Salinity, maximum in profile: Moderately saline to strongly saline (8.0 to 16.0
mmhos/cm)
Sodium adsorption ratio, maximum in profile: 5.0
Available water storage in profile: Low (about 4.7 inches)
Interpretive groups
Land capability classification (irrigated): 6w
Land capability classification (nonirrigated): 6w
Hydrologic Soil Group: D
Ecological site: Wet Meadow (R067BY038CO)
Hydric soil rating: Yes
Minor Components
Haverson
Percent of map unit: 10
Hydric soil rating: No
Thedalund
Percent of map unit: 10
Hydric soil rating: No
percent
percent
47 Olney fine sandy loam, 1 to 3 percent slopes
Map Unit Setting
National map unit symbol: 362v
Elevation: 4,600 to 5,200 feet
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Custom Soil Resource Report
Mean annual precipitation: 11 to 15 inches
Mean annual air temperature: 46 to 54 degrees F
Frost -free period: 125 to 175 days
Farmland classification: Prime farmland if irrigated and the product of I (soil
erodibility) x C (climate factor) does not exceed 60
Map Unit Composition
Olney and similar soils: 85 percent
Minor components: 15 percent
Estimates are based on observations, descriptions, and transects of the mapunit.
Description of Olney
Setting
Landform: Plains
Down -slope shape: Linear
Across -slope shape: Linear
Parent material: Mixed deposit outwash
Typical profile
H1 - 0 to 10 inches: fine sandy loam
H2 - 10 to 20 inches: sandy clay loam
H3 - 20 to 25 inches: sandy clay loam
H4 - 25 to 60 inches: fine sandy loam
Properties and qualities
Slope: 1 to 3 percent
Depth to restrictive feature: More than 80 inches
Natural drainage class: Well drained
Runoff class: Low
Capacity of the most limiting layer to transmit water (Ksat): Moderately high to
high (0.57 to 2.00 in/hr)
Depth to water table: More than 80 inches
Frequency of flooding: None
Frequency of ponding: None
Calcium carbonate, maximum in profile: 15 percent
Salinity, maximum in profile: Nonsaline to very slightly saline (0.0 to 2.0
mmhos/cm)
Available water storage in profile: Moderate (about 7.0 inches)
Interpretive groups
Land capability classification (irrigated): 3e
Land capability classification (nonirrigated): 4c
Hydrologic Soil Group: B
Ecological site: Sandy Plains (R067BY024CO)
Hydric soil rating: No
Minor Components
Zigweid
Percent of map unit: 10 percent
Hydric soil rating: No
Vona
Percent of map unit: 5 percent
Hydric soil rating: No
Custom Soil Resource Report
48 Olney fine sandy loam, 3 to 5 percent slopes
Map Unit Setting
National map unit symbol: 362w
Elevation: 4,600 to 5,200 feet
Mean annual precipitation: 11 to 15 inches
Mean annual air temperature: 46 to 54 degrees F
Frost -free period: 125 to 175 days
Farmland classification: Farmland of statewide importance
Map Unit Composition
Olney and similar soils: 85 percent
Minor components: 15 percent
Estimates are based on observations, descriptions, and transects of the mapunit.
Description of Olney
Setting
Landform: Plains
Down -slope shape: Linear
Across -slope shape: Linear
Parent material: Mixed deposit outwash
Typical profile
H1 - 0 to 10 inches: fine sandy loam
H2 - 10 to 20 inches: sandy clay loam
H3 - 20 to 25 inches: sandy clay loam
H4 - 25 to 60 inches: fine sandy loam
Properties and qualities
Slope: 3 to 5 percent
Depth to restrictive feature: More than 80 inches
Natural drainage class: Well drained
Runoff class: Low
Capacity of the most limiting layer to transmit water (Ksat): Moderately high to
high (0.57 to 2.00 in/hr)
Depth to water table: More than 80 inches
Frequency of flooding: None
Frequency of ponding: None
Calcium carbonate, maximum in profile: 15 percent
Salinity, maximum in profile: Nonsaline to very slightly saline (0.0 to 2.0
mmhos/cm)
Available water storage in profile: Moderate (about 7.0 inches)
Interpretive groups
Land capability classification (irrigated): 3e
Land capability classification (nonirrigated): 4c
Hydrologic Soil Group: B
Ecological site: Sandy Plains (R067BY024CO)
Hydric soil rating: No
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Custom Soil Resource Report
Minor Components
Zigweid
Percent of map unit: 9 percent
Hydric soil rating: No
Vona
Percent of map unit: 6 percent
Hydric soil rating: No
57 Renohill clay loam, 3 to 9 percent slopes
Map Unit Setting
National map unit symbol: 3636
Elevation: 4,850 to 5,200 feet
Mean annual precipitation: 11 to 16 inches
Mean annual air temperature: 46 to 48 degrees F
Frost -free period: 100 to 160 days
Farmland classification: Not prime farmland
Map Unit Composition
Renohill and similar soils: 85 percent
Minor components: 13 percent
Estimates are based on observations, descriptions, and transects of the mapunit.
Description of Renohill
Setting
Landform: Ridges, hills
Down -slope shape: Linear
Across -slope shape: Linear
Parent material: Residuum weathered from shale
Typical profile
H1 - 0 to 9 inches: clay loam
H2 - 9 to 32 inches: clay loam
H3 - 32 to 36 inches: unweathered bedrock
Properties and qualities
Slope: 3 to 9 percent
Depth to restrictive feature: 20 to 40 inches to paralithic bedrock
Natural drainage class: Well drained
Runoff class: Medium
Capacity of the most limiting layer to transmit water (Ksat): Moderately low to
moderately high (0.06 to 0.20 in/hr)
Depth to water table: More than 80 inches
Frequency of flooding: None
Frequency of ponding: None
Calcium carbonate, maximum in profile: 5 percent
Available water storage in profile: Low (about 5.6 inches)
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Custom Soil Resource Report
Interpretive groups
Land capability classification (irrigated): 4e
Land capability classification (nonirrigated): 4e
Hydrologic Soil Group: D
Ecological site: Clayey Plains (R067BY042CO)
Hydric soil rating: No
Minor Components
Shingle
Percent of map unit: 8 percent
Hydric soil rating: No
Ulm
Percent of map unit: 5 percent
Hydric soil rating: No
References
American Association of State Highway and Transportation Officials (AASHTO).
2004. Standard specifications for transportation materials and methods of sampling
and testing. 24th edition.
American Society for Testing and Materials (ASTM). 2005. Standard classification of
soils for engineering purposes. ASTM Standard D2487-00.
Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of
wetlands and deep -water habitats of the United States. U.S. Fish and Wildlife
Service FWS/OBS-79/31.
Federal Register. July 13, 1994. Changes in hydric soils of the United States.
Federal Register. September 18, 2002. Hydric soils of the United States.
Hurt, G.W., and L.M. Vasilas, editors. Version 6.0, 2006. Field indicators of hydric
soils in the United States.
N ational Research Council. 1995. Wetlands: Characteristics and boundaries.
Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service.
U .S. Department of Agriculture Handbook 18. http://www.nrcs.usda.gov/wps/portal/
nrcs/detail/national/soils/?cid=nrcs142p2_054262
Soil Survey Staff. 1999. Soil taxonomy: A basic system of soil classification for
making and interpreting soil surveys. 2nd edition. Natural Resources Conservation
Service, U.S. Department of Agriculture Handbook 436. http://
www.nres.usda.gov/wps/portal/nres/detail/national/soils/?cid=nres142p2_053577
Soil Survey Staff. 2010. Keys to soil taxonomy. 11th edition. U.S. Department of
Agriculture, Natural Resources Conservation Service. http://
www.nres.usda.gov/wps/portal/nres/detail/national/soils/?cid=nres142p2_053580
Tiner, R.W., Jr. 1985. Wetlands of Delaware. U.S. Fish and Wildlife Service and
Delaware Department of Natural Resources and Environmental Control, Wetlands
Section.
U nited States Army Corps of Engineers, Environmental Laboratory. 1987. Corps of
Engineers wetlands delineation manual. Waterways Experiment Station Technical
Report Y-87-1.
U nited States Department of Agriculture, Natural Resources Conservation Service.
N ational forestry manual. http://www.nrcs.usda.gov/wps/portal/nrcs/detail/soils/
home/?cid=nrcs142p2_053374
U nited States Department of Agriculture, Natural Resources Conservation Service.
N ational range and pasture handbook. http://www.nrcs.usda.gov/wps/portal/nrcs/
detail/national/landuse/rangepasture/?cid=stelprdb1043084
19
Custom Soil Resource Report
U nited States Department of Agriculture, Natural Resources Conservation Service.
N ational soil survey handbook, title 430 -VI. http://www.nrcs.usda.gov/wps/portal/
nres/detail/soils/scientists/?cid=nres142p2_054242
U nited States Department of Agriculture, Natural Resources Conservation Service.
2006. Land resource regions and major land resource areas of the United States,
the Caribbean, and the Pacific Basin. U.S. Department of Agriculture Handbook
296. http://www.nres.usda.gov/wps/portal/nres/detail/national/soils/?
cid=nrcs142p2_053624
U nited States Department of Agriculture, Soil Conservation Service. 1961. Land
capability classification. U.S. Department of Agriculture Handbook 210. http://
www.nres.usda.gov/Internet/FSE_DOCUMENTS/nres142p2_052290.pdf
20
Exhibit C
Applicant: Ames Construction, Inc.
Name of Site: Dechant Borrow
Date: July 27, 2016
EXHIBIT C — Mining plan
(a) Commencement and Duration of Borrow Operation
The borrow operation is for a single specific project.
Operations would begin on February 20, 2017 and would be
complete by November 30, 2017.
This time window includes the following phases:
1. Topsoil salvaging and haul road construction;
2. Excavation and hauling of the borrow materials,
3. Excavation from the existing road brought back into the
borrow hole
4. Closing of the borrow — final grading of the slopes,
topsoil placement, and completion of the reclamation
plan.
(b) Topsoil replacement depth.
The existing topsoil conditions in the area show an average of 3
inches. This topsoil will be stockpiled and respreads at the end
at the depth or thicker.
(c) Overburden
The borrow materials do not have any overlying overburden or
waste materials.
(d) Thickness of deposit to be mined
A ten foot thickness of borrow material will be removed.
(e) Major Components of the mining operation.
Page 1of4
Exhibit C
The haul road through the permitted site and the area of borrow
excavation are the only components of the mining operation.
Once the topsoil has been salvaged and the haul road
constructed, excavation/hauling operations will begin. The
borrow material will be excavated using large backhoes/loaders
and placed directly into truck -trailer hauling units for
transporting to the job site on WCR 49 immediately next to the
borrow site
Excavation of the borrow materials will proceed in a west to
east direction. The side slopes of the final excavation are to be
at a maximum gradient of 3:1 (horizontal to vertical). As the
borrow material is being removed, the excavation in the area of
the final slopes will be done at this 3:1 gradient.
(f) Dimensions of land disturbance.
The area of land disturbance is in a trapezoid configuration.
The width of the ends of the trapezoid are 93 feet and 528 feet.
The length of the trapezoid is 528 feet. These dimensions result
in an area of 6.97 acres of active mining area. The permit
boundary is an additional 1.03 acres of buffer space.
(g) Haul road dimensions.
A small haul road will be built for the mining area from WCR 50
and is already included in our permit boundary area.
(h) Water use.
The only water to be used in conjunction with the borrow site
operation, will be water applied to the on -site roads for dust
control. Approximately 8,000 gallons of water per day will be
used for dust control. The source of this supply will be the same
as the project's water source along Weld County Road 49
Page 2of4
Exhibit C
(i) Groundwater/surface water occurrence or disturbance.
Ground water should not be encountered during this operation.
If ground water is found the excavation will move away from the
water. Ground water will not be pumped or moved from the site.
Contamination of surface stormwater runoff will be controlled by
diverting the runoff around the disturbed areas. This will be
accomplished by perimeter berms of compacted soil around the
excavation area.
(j) Existing water rights
Water rights will not be affected or impacted by the proposed
borrow operation.
(k) Refuse and acid or toxic producing materials.
There are no known refuse, acid or toxic producing materials in
the area of the proposed borrow. If they are encountered,
borrow operations will cease and the materials will be contained
in accordance with applicable laws and regulations.
(I) Measures to minimize disturbance to hydrologic balance, off -site
damage and provide for a reclaimed area that has a stable
configuration consistent with the proposed future land use.
Hydrologic balance - The proposed borrow operation impacts
on the hydrologic balance will be minimal — groundwater should
not be encountered (therefore, no dewatering).The reclaimed
site will have a pervious cover of corn stalk and straw mulch
which will not impact the pervious nature of the underlying
sandy soils.
Off -site damage — The boundaries of the excavation area and
haul road will be clearly marked to prevent off -site damage
during the borrow activities. Through the use of perimeter
berms to prevent stormwater from running through the
disturbed areas, off -site damage due to contaminated
stormwater runoff will be prevented. By conducting the borrow
operations during the low precipitation months and in view of
Page 3 of 4
Exhibit C
the sandy nature of the soils and gentle slope of the land,
increased runoff flows are not anticipated. Completion of the
reclamation plan for the site will remove the potential for future
off -site damage.
Stable configuration — The borrow area's slopes will be finished
to a maximum 3:1 slope.
This slope gradient, the features of the reclamation plan and
the natural properties of the site's soils will result in a stable
configuration of the reclaimed site that be suitable for the
intended future use — rangeland.
(m) On -site processing.
There will be no on -site processing of the borrow materials.
(n) Commodities to be extracted and their use
The only commodity to be extracted at this site is the sandy
soil. The material will be used for fill purposes on a county
highway improvement project along Weld County Road 49.
(o) No incidental products will be mined at the borrow site.
(p) No explosives will be used in the operations at the borrow site.
Page 4 of 4
Exhibit D
Applicant: Ames Construction, Inc.
Name of Site: Ard Property Borrow
Date: July 27, 2016
EXHIBIT D — Reclamation Plan
At the conclusion of the excavation activities, the site will be
reclaimed by grading the excavation slopes to a final gradient and the
excavation bottom to a uniform level. The vegetative growth support
material, temporarily stored in the perimeter berms, will be placed on the
excavation slopes and bottom. The constructed access road will be
removed and its' disturbed area included in the reclamation activities unless the property owner requests it be left for his future use.
A detailed description of the Reclamation Plan is as follows:
(1)
(a) Overburden replacement
There is no overburden to salvage and/or replace at this
operation.
(b) Reclaimed slope gradient
The reclaimed slopes will be constructed to a 3:1
gradient.
(c) Revegetation measures to reclaim the site.
Ames will be utilizing Arnolds Agg to seed and we will
have them follow the reclamation plans the will utilized on
the Weld County Road 49 Project.
Prior to the placement and incorporation of the soil
amendments, the perimeter berm will be removed and the
berm material (vegetative support materials) will be
spread over the borrow slopes, bottom and site roadway
The revegetation measures would be performed in the fall
of 2017.
Page 1 of 3
Exhibit D
(d) There will be no features such as ponds, streams, roads or
buildings remaining on the borrow area after reclamation.
(e) All features have been previously addressed in the
Reclamation Plan.
(2) Cost estimate to reclaim the site.
The point of maximum disturbance to site will be when the
excavation activities are finished. Due to the configuration of
the borrow, reclamation activities would not begin until that
time.
Since the excavation slopes were left at a 3:1 gradient during
the borrow removal process, the remaining reclamation work
would consist of removing the perimeter berms and placing the
topsoil materials over the disturbed areas followed by the
application of the recommended soil amendments, seed and
mulch.
1. Placement of salvaged topsoil:
Quantity = 4,260 cubic yards
Equipment: Self -loading scraper (similar to CAT 623)
Dozer (similar to CAT D6)
Labor: 2 equipment operators and '/2 time foreman
Production rate: 130 cubic yards per hour
Hours required to complete = 4,260/150 = 28 hours
Equipment costs per hour = $ 240.00
Labor costs per hour = $ 150.00
Total per hour = $ 390.00
Page 2 of 3
Exhibit D
Equipment and Labor Total = 28 hours x $ 390 = $ 10,920
Mobilization: 2 pieces in and out = $ 0.00 (Ames onsite for
county road project already.
TOTAL for this item = $ 10,020 or $ 2.35/cubic yard.
(No markup)
2. Seedbed preparation, application of soil amendments, seed
and mulch.
The cost of performing these items, based on a quote
from Arnold's Ag Group LLC is:
Straw mulch
Tackifier
Seed
Total
TOTAL for this item
$ 500/acre
$ 1100/acre
$ 375/acre
$ 1,975/acre
8.0 acres x $ 1,975/acre
Total Cost to reclaim site = $ 10,020 + $ 15,800
$ 15,800
$ 25,820.
Page 3 of 3
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970.356.4710 office 970.356.1267 fax
Applicant: Ames Construction, Inc.
Name of Site: Ard Borrow
Date: January 26, 2017
EXHIBIT E Maps
Exhibit E (1) Mining Plan Map
Exhibit E (2) Reclamation Plan Map
Ard Borrow
Prepared by Ames Construction
By Dustin Williams
Project Manager
01.26.2017
Property Owner
Pam Ard
Section: 6 Township: 4N Range: 64W
24098 COUNTY ROAD 50
Total Estimated Acreage = 8.0 Acres
Ard Borrow
Prepared by Ames Construction
By Dustin Williams
Project Manager
01.26.2017
Property Owner
Pam Ard
Section: 6 Township: 4N Range: 64W
24098 COUNTY ROAD 50
Total Estimated Acreage = 8.0 Acres
Permit: TBD
Scale
1" = 200'
4200 ft all
Reclamation Map
Areas disturbed will be re-topsoiled
and then seeded with proposed
Dryland Pasture Seed Mix
Permit
Boundary
Property Line
New Haul
Road
Property Line
Slopes for borrow will be 3:1 or
flatter and by request of property
owner will fall inwards.
Proposed Mining Area
7.00 Acres
Topsoil stockpile
East Neres Canal
- FRICO
Applicant: Ames Construction, Inc.
Name of Site: Ard Borrow
Date: January 26, 2017
EXHIBIT F - Other Permits and Licenses.
The following Permits and Licenses are being obtained for this
borrow operation:
1. Permit for Stormwater Discharge Associated With Construction
Activities from Colorado Department of Public Health and
Environment — Water Quality Division.
2. Weld County — The Weld County Planning Department has
determined that due to the short (less than six months), one time
use of the borrow site, the standard Development Application
process is inappropriate. Instead, subsequent to Ames
Construction's application to Colorado Division of Reclamation,
Mining and Safety for a Limited Impact 110 Permit for the site, they
will issue an `Agreement' for the use of the site. This Agreement
would stipulate that the site is to be operational for less than six
months and that the conditions and requirements of the 110
Permit be followed.
STORMWATER MANAGEMENT PLAN
FOR
STORMWATER DISCHARGES ASSOCIATED WITH
CONSTRUCTI ON ACTIVITY
STATE OF COLORADO
GENERAL PERMIT APPLICATI ON
ARD BORROW
LASALLE, COLORADO
January 26, 2017
STORMWATER
MANAGEMENT PLAN
ARD BORROW
LASALLE, COLORADO
PART I -SITE DESCRIPTION
This plan describes the stormwater management activities
planned during the opening, operation and closing of a construction
materials borrow site located at 24098 County Road 50,
Hudson, Colorado.
Specifically, the borrow site consists of 8 acres located in the
Section 6, Township 4 North, Range 64 west of the sixth principal
meridian, Weld County, Colorado.
A. Description of Construction Activities
Operations at this site will require salvaging of topsoil materials
and creation of a perimeter berm, construction of a haul
road, excavation and loading of borrow materials into transporting
units for delivery to an off -site project, and upon completion of the
excavation — final grading of the excavation slopes, replacement of
the salvaged topsoil on the disturbed areas, application of corn
stalk mulch, fertilizer, seeding mixture and straw mulch.
The construction activities at the Ard Borrow are a one-time
occurrence. They will begin February 20, 2017 and will be complete
by late November, 2017. Reclamation will immediately follow the
completion of the construction activity.
B. Sequence of Major Activities
The anticipated sequence of construction activities is as follows:
• Salvage four inches of topsoil from borrow area and on -site
haul road and place in compacted perimeter berms around
the area of excavation.
• Grade and construct on -site haul road to connect borrow
area to existing on -site network of improved, heavy duty
roads.
• Evaluate the entrance/exit where the existing improved
property road joins paved Weld County Road 50. This
evaluation will determine if a vehicle tracking control pad
needs to be constructed at this existing connection. .
• Perform excavation of borrow materials and direct load
them into tractor -trailer units for transporting to an off -
site project.
• Upon completing excavation and hauling activities, grade
excavation slopes to a maximum 3:1 gradient. Salvaged
topsoil, previously placed in the perimeter berms, will be
spread over the disturbed areas.
• Perform disturbed area reclamation as suggested by This
will include the application of seeding mix and straw mulch.
This scenario will maximize and expedite the revegetation
of the disturbed areas while minimizing the potential for
erosion or stormwater runoff and/or erosion.
C. Estimates of Area Involved
Total area disturbed = 8.0 acres
Borrow excavation = 7.0 acres
Haul Road = 1.0 acres
D. Runoff Coefficients and
Soil Data
Runoff coefficients were taken from the "Standard Requirements
for Storm Drainage Design Criteria and Construction Standards"
by the Weld County Tri- Area Sanitation District. The C values
are:
Undeveloped condition, 10yr. Storm: 0.25
The site soils are identified by the Soil Conservation Service as
belonging to the Osgood Series which are described as deep well
drained soils that formed in wind-blown sand deposits. These soils
are well drained with low runoff potential and exhibit a high to very
high saturated hydraulic conductivity. Per the Soil
Conservation Service, due to their sandy nature, low
organic content and droughtiness, Osgood soils are best
suited for rangeland use - this is the current use of the borrow
area.
The property is generally level with a constant slope to the east
with grades varying from 1.5% to 3%.
E. Existing Vegetation
The site is currently rangeland with no previous development or
disturbance.
A rye cover seeding has produced a ground cover averaging 37
percent.
F. Potential Pollution Sources
Potential pollutant sources, including materials and activities at
the site were evaluated for the potential to contribute pollutants
to stormwater discharges.
That evaluation resulted in the following identified potential
pollutant sources:
• Areas of soil disturbance
• Vehicle tracking of soil
• Equipment maintenance and fueling.
Expanding upon the results of that evaluation:
Areas of soil disturbance — The salvaged topsoil will be placed in
a compacted berm around the area to be excavated. With this
technique:
• all runoff from the disturbed area will be contained and will
seep into the sandy soil and not be discharged
• all surface runoff from adjoining areas will be diverted
around the disturbed area and thus will not be
contaminated.
The perimeter berm will be constructed and maintained as
detailed in BMP EC -8 found in the appendices.
Vehicle tracking of soil — The borrow excavation will require the
construction of an on -site haul road to connect the excavation
site to the existing on -site roads. The distance traveled on the
existing roads from the connection with the new road to the
present exit onto County Road 49 and the high quality of the
existing road at the exit makes it highly unlikely that soil will be
tracked onto the public highway. However, the situation will be
monitored during the hauling activities and if soil tracking is
observed a Stabilized Entrance will be constructed and
maintained as detailed in BMP SC -8 found in the Appendices.
Equipment maintenance and fueling — No fuel or petroleum
products will be stored at the excavation site and the hauling
units will be maintained and fueled at the off -site main project
area. The excavation equipment will be fueled and serviced at
the excavation site.
Pollution prevention procedures to be followed during fueling
and servicing activities are covered in the Spill Prevention
Control and Countermeasures (SPCC) Plan found in the
Appendices.
G. Anticipated Non-stormwater Discharge
No dewatering activities will occur at this site and no
discharges are anticipated from other non-stormwater sources.
H. ReceivingWaters
Waters
Precipitation tends to infiltrate the area's sandy soils rather than
leaving the area as surface runoff, thus a network of surface
drainage features is not well developed. The area of the borrow
slopes gently to the west and precipitation that does not infiltrate
the sandy soil leaves the area as surface sheet flow. Next to the
borrow site is East Neres Canal, the elevation of the canal is
roughly 5-6 feet above the borrow site, so discharge to the canal
will not happen. All surface water leaving the site would follow
county ditches to the west into county storm drainage along
WC R49 .
There are no natural or man-made water resource features that
will receive drainage directly from the borrow site.
PART I I - SITE PLAN
Drawings E (1) and E (2) show the proposed site construction
and location of the stormwater controls. These drawings are
contained in the Appendices.
PART III - BMP'S for STORMWATER POLLUTION
PREVENTION
A. Erosion and Sediment Controls
1. Perimeter Berms. Temporary, compacted perimeter berms will
be constructed around the edge of the excavation area to
prevent runoff from disturbed areas being discharged and to
prevent surface runoff from adjoining areas entering the
disturbed areas. The location of these berms is as shown on
Drawing E (1) and the details of their construction and
maintenance is as shown in BMP EC 8
2. Stabilized Construction Entrance - A stone stabilized
pad will be constructed at the existing property ingress
and egress to County Road 59 if it is determined the
borrow excavation/hauling activities are resulting in mud
being tracked onto the highway. This pad will function to
minimize the amount of mud transported onto public
roads by vehicles. The location of this stabilized
entrance is as shown on Drawing E (1) and the details
of its construction and maintenance are shown in BMP
SC 8).
3. Spill Prevention Control and Countermeasures Plan
(SPCC) - Attached
B. Materials Handling and Spill Prevention
No fuel or like materials will be stored on -site. Any required
maintenance activities will be performed in a manner that
minimizes the risk of release of hazardous substances. The
containment of any accidental release of a hazardous
substance will be initiated immediately. The start of cleanup
work of any accidental release of a hazardous substance will
be initiated within 24 hours of its discovery and proceed
without delay to its completion.
C. Final Stabilization and Long-term Stormwater Management
Permanent seeding will be used to stabilize all unpaved areas
disturbed by construction activities. The soil amendments,
fertilizer, seeding and mulch will be installed as outlined in
the site evaluation reports prepared by H2 Enterprises found in
the Appendices. The final stabilization of the disturbed areas
will begin as soon as practicable after construction activities
are complete.
D. Other Controls
Good housekeeping practices will be observed on the
construction site. Containers will be provided for trash/debris
and will be emptied on a regular basis and the contents
disposed of at a permitted solid waste landfill.
Construction equipment will be regularly inspected for leaks or
conditions that could lead to discharges coming into contact
with stormwater.
All leaks, drips, or spills will be cleaned up immediately and
leaking equipment will be repaired or removed from the site.
E. Inspection and Maintenance
All erosion and sediment control devices will be inspected for
condition after each rainfall event or snowmelt that produces
significant runoff, or as a minimum, once every fourteen
days. All deficiencies will be corrected within 24 hours of
discovery to maintain all control features as designed.
Subsequent to the performance of the final reclamation
activities and prior to the establishment of adequate vegetation
growth, the reclaimed areas will be inspected to ensure that
follow-up erosion control measures are not required.
Inspection and maintenance reports will be completed a n d
maintained by Ames as the inspection and maintenance
activities are conducted. Documents will also be maintained
that note the following dates:
• Start of major grading operations
• Permanent cessation of major grading operations
• Initiation of stabilization measures
A copy of the Stormwater Management Plan will also be
maintained at the project field office for this construction site.
APPENDICES
Drawing E (1) Mining Plan, Gray Borrow
Drawing E (2) Reclamation Plan, Gray Borrow
BMP EC 8: Berm/Diversion
BMP SC 8: Stabilized Construction Entrance
Spill Prevention Control Countermeasure Plan (SPCC)
AMES CONSTRUCTION, INC.
Spill - Prevention - Control - Countermeasure
SPCC
Ard Borrow, Weld County
1iPage
Scope
This is to provide spill prevention, control, and countermeasure plans SPCC.
Purpose
To establish an awareness of the basic concepts of preventing spills and timely recovery
if they happen on this site during general industry practices. If an incident takes place
information must be communicated to the supervision and if needed the emergency
personnel responding to the project to insure an organized safe effort is conducted to
protect life, environment, and property damage.
The purpose is meant for basic emergency preparedness for responding to accidents or
incidents involving the transportation of chemical materials. The purpose is not intended
for employees whose primary function is emergency response.
Materials Handling and Spill Prevention.
•:•
Wage
It should be noted that there is no fuel storage anticipated at the Gray Borrow site
The following are material management practices that shall be used to reduce the risk of spills
or other accidental exposure of materials and substances to stormwater runoff.
Good Housekeeping: The following good housekeeping practices will be followed
onsite during the construction project:
1. An effort will be made to store only enough material required to do the job.
2. Personnel will be familiar with proper safety handling using PPE listed by the
Manufacture and or the Safety Data Sheets (SDS)
3. Materials that can potentially spill from a container stored on site will be stored in a
neat, orderly manner in their appropriate containers and if needed protected from
weather or within secondary containment as needed.
4. Until used, products will be kept in their original containers with the original
manufacturer's label, once in use proper containment and labeling standards shall be
followed.
5. Substances will not be mixed with one another unless recommended by the
manufacturer.
6. Whenever possible, all of a product will be used up before disposing properly of the
container.
7. Manufacturers' recommendations for proper use shall be followed.
8. Any remaining chemicals shall be disposed of according to manufacturers'
recommendations and in accordance with Federal, State and local regulations.
9. The SWMP Administrator and onsite Management will inspect regularly to ensure
proper use and disposal of materials onsite.
Hazardous Products: These practices are used to reduce the risks associated with
hazardous materials, but are not limited to using additional experience and trained
techniques.
1. Products will be kept in original containers unless they are not re -sealable.
2. Original labels and material safety data will be retained.
3. Products will be handled by personnel trained in the safe handling and use of PPE
relative the products.
4. If surplus product must be disposed of, manufacturers' or local and State
recommended methods for proper disposal will be followed.
Product Specific Practices: These are in general context and specific direction should be
determined through the CDOT Specifications and the SDS's as well as experience and
trained techniques.
Petroleum Products: All onsite vehicles will be informally monitored for leaks and
receive regular preventative maintenance to reduce the chance of leakage and encourage
safe operations. Petroleum products for vehicle and equipment operation and
maintenance will be stored in tightly sealed containers which are clearly labeled. Any
asphalt substances used onsite will be applied according to the manufacturer's
recommendations.
Leaks occur generally as a result of faulty, old or improperly maintained equipment or
storage facilities. If unintentional leaks are detected, the operator will identify and abate
the material immediately. For impervious surfaces, an absorbent material will be used to
soak up the liquid wastes and then swept up and placed in a contained unit for proper
disposal. When leaks are detected on soils, the operator will remove contaminated soils
from the earth and place them in a contained unit for proper disposal.
Containers used for contaminated materials will be clearly marked and kept from coming
into direct contact with storm water. Storage or fueling areas where leaks can occur shall
be inspected visually on a regular basis. Efforts taken to abate unintentional leaks and
repair faulty equipment should be recorded in the activity log. Unintentional leaks must
not be confused with spills and should be identified accordingly.
Fertilizers: Fertilizers will be applied only in the minimum amounts recommended by
the manufacturer. Once applied, fertilizer will be worked into the soil to limit exposure
to storm water. Storage will be in a covered and contained area. The contents of any
partially used bags of fertilizer will be transferred to a sealable plastic bin to avoid spills.
Soil amendments will be spread and tilled into the soil immediately upon arrival to the
site in order to minimize direct contact with storm water runoff.
Spill Control Practices: In addition to the good housekeeping and material management
practices discussed previously in this plan, the following practices will be followed for
spill prevention and cleanup:
Safety Data Sheets (SDS) recommended methods for spill cleanup should be kept in the
job trailer and site personnel will be made aware of the procedures and the location of the
information and cleanup supplies.
3IPage
Materials and equipment necessary for spill cleanup will be kept in the material storage
area onsite. Equipment and materials will include but are not be limited to: brooms, dust
pans, mops, rags, gloves, goggles, absorbent powder / kitty litter, sand, sawdust, and
plastic and metal trash containers specifically for this purpose.
The operator will inform the jobsite personnel that if a spill of any size occurs they are to
always notify the SWMP manager and, depending on the nature and severity of the spill,
the operator will contact the EPA, downstream users and other regulatory agencies.
When any spill occurs:
1) Notify the supervisors of the site immediately following a hazardous spill.
2) Document the spill and its clean-up procedures whether reporting is required or not.
3) At a minimum document the following:
• Nature of spill
• Quantity of spill
• Date/time spill occurred
• Agency notification if necessary
• Clean-up procedures used
• Daily monitoring (7 days) after clean-up
• Photographs
• Interview(s) with any witnesses of the event
General guidelines for clean-up procedures:
• First priority is your individual safety, an assessment of the spill is critical to
keeping the area safe and minimizing the spill.
• Determine the PPE by reviewing the special protection section of the Safety Data
Sheets for the chemical involved.
• Immediately control or stop the release/spill
• Mitigate the spill area as needed with a spill prevention kit, and or based on the
severity use containment techniques such as soil berms or other non-combustible
material over and around the chemical. Provide special care to protect man maid
conveyances and waterways.
• Obtain approved secondary containers to store any absorbents used
• Report the spill to the Responsible Person on the jobsite for determination if
further reporting is required or if emergency notification is appropriate.
• Provide clean up in a timely manner to completing proper storage and or
disposal.
Selso Salazar -Regional Safety Manager (303) 944-4528
Doug Eischens-Regional Equipment Manager (303) 887-5902
Gary Irons -Shop Supervisor (303) 944-8382
Region 8 Emergency Response Spill Report Hotline 1-800 424-8802
WQCD Toll Free 24 -hour Env. Emergency Spill Reporting Line: 1-877-518-5608
COLORADO
Department of Public
Health 8 Environment
CERTIFICATION TO DISCHARGE
UNDER
CDPS GENERAL PERMIT COR-03 00000
STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITIES
Certification Number: COR03Q686
This Certification to Discharge specifically authorizes:
Ames Construction Inc
to discharge stormwater from the facility identified as
Ames Construction Ard Borrow Site
To the waters of the State of Colorado, including, but not limited to:
Box Elder Creek - South Platte River
Facility Activity :
Disturbed Acres:
Facility Located at:
Specific Information
(if applicable):
Non-structural and other development
7 acres
CR 49 and CR 50 LaSalle CO 80645
Weld County
Latitude 40.34719 Longitude -104.59464
Certification is issued and effective: 1/25/2017
Expiration Date: This authorization expires upon effective date of the General Permit COR030000
renewal unless otherwise notified by the division.
*ADMINISTRATIVELY CONTINUED
This certification under the permit requires that specific actions be performed at designated times.
The certification holder is legally obligated to comply with all terms and conditions of the permit.
This certification was approved by:
Lillian Gonzalez, Unit Manager
Permits Section
Water Quality Control Division
*explanation of Admin Continued in cover letter
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe/wqcd
John W. Hickenl000er. Governor Larry Wolk. MD. MSPH. Executive Director and Chief Medica Officer
CO
CDPHE
COLORADO
Department of Public
Health & Environment
Dedicated to protecting and improving the health and environment of the people of Colorado
Robert Gillis, Sr VP
Ames Construction Inc
18450 E 28 Ave
Aurora, CO 80011
DATE: 1/25/2017
MEMO RE: Certification, Colorado Discharge Permit System
Permit No., COR030000, Certification Number: COR03Q686
DIVISION CONTACTS: Kendra Kelly, Environmental Protection Specialist, at 303-692-3387, Karen Foley, Admin, at 303-692-3531, or
Karen Harford, Admin, at 303-691-4019
ATTACHMENTS: Certification COR03Q686, General Permit, Highlight Sheet, Inactivation form
The Water Quality Control Division (the Division) has reviewed the application submitted for the Ames Construction Ard Borrow Site facility
and determined that it qualifies for coverage under the CDPS General Permit for Stormwater Discharges Associated with Construction
Activities (the permit). Enclosed please find a copy of the permit certification, which was issued under the Colorado Water Quality Control
Act.
FEE INFORMATION: 7 acres
An application fee of $175. (50% of the annual fee) will be assessed for all new applications received between July 1, 2016 and June 30,
2017. Beginning July 1, 2017 an annual fee of $350 [category 7, subcat 175- Stormwater Construction 1-30 acres per CRS 25-8-502] will
be assessed and invoiced every July for as long as the permit certification is in effect. All certifications terminated prior to July 1,
2017, will not be invoiced the annual fee for the year beginning July 1, 2017.
It is the responsibility of the permittee to submit a termination application when the permit is no longer needed. Fees are assessed
and invoiced for every permit that is active July 1 of the fiscal year. Permits for which termination applications are received by June
30 of the current fiscal year will not be invoiced for the new fiscal year.
CERTIFICATION RECORDS INFORMATION:
The following information is what the Division records show for this certification.
For any changes to Contacts - Legal, Facility, or Billing - a "Notice of Change of Contacts form" must be submitted to the
Division. This form is also available on our web site and must be signed by the legal contact.
Facility: Ames Construction Ard Borrow Site
Construction Activities
Non-structural and other development
WeldCounty
Legal Contact (receives all legal documentation pertaining to the permit certification):
Robert Gillis, Sr VP Phone number: 303-363-1000
Ames Construction Inc Email: robertgillis@amesco.com
18450 E 28 Ave
Aurora, CO 80011
Facility Contact (contacted for general inquiries regarding the facility):
Kyle Reinholt, PE Phone number: 720-732-0424
Ames Construction Inc Email: kylereinholt@amesco.com
18450 E 28 Ave
Aurora, CO 80011
Billing Contact (receives the invoice pertaining to the permit certification):
Logan Howland, Office Mgr Phone number: 303-363-1000
Ames Construction Inc
18450 E 28 Ave
Aurora, CO 80011
Email: loganhowland@amesco.com
ADMINISTRATIVE CONTINUATION EXPLANATION:
The Division is currently developing a renewal permit and associated certification for the above permitted facility. The
development and review procedures required by law have not yet been completed. The Construction Stormwater General
Permit, which expired June 30, 2012, is administratively continued and will remain in effect under Section 104(7) of the
Administrative Procedures Act, C.R.S. 1973, 24-4-101, et seq (1982 repl. vol. 10) until a renewal permit/certification is
issued and effective. The renewal for this facility will be based on the application that was received 1/19/2017 All effluent
limits, terms and conditions of the administratively continued permit are in effect until the renewal is complete.
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe
John W. Hickentooper, Governor Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer
DocuSign Envelope ID: 597D2519 -4902 -488E -90D 1-3E486C0F37D6
ASSIGNED PERMIT NUMBER
COLORADO
Department of Public
Health & Environment
Dedicated to protecting and improving the health and environment of the people of Colorado
Date Received / /
1/19/2017 I 11:41 PST
Revised: 3-2016
STORMWATER DISCHARGE ASSOCIATED WITH CONSTRUCTION ACTIVITIES APPLICATION
COLORADO DISCHARGE PERMIT SYSTEM (CDPS)
PHOTO COPIES, FAXED COPIES, PDF COPIES OR EMAILS WILL NOT BE ACCEPTED.
For Applications submitted on paper - Please print or type. Original signatures are required.
All items must be completed accurately and in their entirety for the application to be deemed complete. Incomplete applications will not be processed
until all information is received which will ultimately delay the issuance of a permit. If more space is required to answer any question, please attach
additional sheets to the application form. Applications or signature pages for the application may be submitted by mail or hand delivered to:
Colorado Department of Public Health and Environment, 4300 Cherry Creek Drive South, WQCD-P-62, Denver, CO 80246-1530
For Applications submitted electronically
Please note that you can ONLY complete the feedback form by downloading it to a PC or Mac/Apple computer and opening the Application with Adobe
Reader or a similar PDF reader. The form will NOT work with web browsers, Google preview, Mac preview software or on mobile devices using lOS or
Android operating systems.
If application is submitted electronically, processing of the application will begin at that time and not be delayed for receipt of the signed document.
Any additional information that you would like the Division to consider in developing the permit should be provided with the application. Examples
include effluent data and/or modeling and planned pollutant removal strategies.
Beginning July 1, 2016, invoices will be based on acres disturbed.
DO NOT PAY THE FEES NOW - Invoices will be sent after the receipt of the application.
Disturbed Acreage for this application (see page 4)
Less than 1 acre ($83 initial fee, $165 annual fee)
1-30 acres ($175 initial fee, $350 annual fee)
Greater than 30 acres ($270 initial fee, $540 annual fee)
PERMIT INFORMATION
Reason for Application:
Applicant is:
NEW CERT
Property Owner
RENEW CERT EXISTING CERT#
Contractor/Operator
A. CONTACT INFORMATION - *indicates required
* PERMITTED ORGANIZATION FORMAL NAME: Ames Construction, Inc.
1) * PERMIT OPERATOR - the party that has operational control over day to day activities - may be the same as owner.
Responsible Person (Title):
Currently B Held (Person): FirstName: Robert LastName: Gillis
Y
Senior Vice President
Telephone:
303-363-1000 Email Address: RobertGillis@!rnesco.com
Organization: Ames Construction, Inc.
Mailing Address: 18450 E 28th Avenue
Aurora State: CO Zip Code: 80011
City:
Per Regulation 61 : All reports required by permits, and other information requested by the Division shall be signed by the permittee or by a duly
authorized representative of that person. A person is a duly authorized representative only if:
(i) The authorization is made in writing by the permittee
(ii) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or
activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or
an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative
may thus be either a named individual or any individual occupying a named position); and
(iii) The written authorization is submitted to the Division
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2) OWNER - party has ownership or long term lease of property - may be the same as the operator.
Same as 1) Permit Operator
Project Manager
Responsible Person (Title):
Currently Held By (Person):
Telephone:
Organization:
Mailing Address:
City:
FirstName: Dustin
LastName:
Williams
303-587-7947 Email Address: DustinWilliams@amesco.com
Ames Construction, Inc.
18450 E 28th Avenue
Aurora
State: CO Zip Code: 80011
Per Regulation 61 : All reports required by permits, and other information requested by the Division shall be signed by the permittee or by a duly
authorized representative of that person. A person is a duly authorized representative only if:
i. The authorization is made in writing by the permittee.
ii. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or
activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an
individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus
be either a named individual or any individual occupying a named position); and
iii. The written authorization is submitted to the Division.
3) *SITE CONTACT local contact for questions relating to the facility & discharge authorized by this permit for the facility
Same as 1) Permit Operator
Project Engineer
Responsible Person (Title):
Currently Held By (Person):
Telephone:
Organization:
Mailing Address:
City:
FirstName: 'Kyle
LastName:
Reinholt
720-732-0424 Email Address: KyleReinholtamesco.com
Ames Construction, Inc.
18450 E 28th Avenue
Aurora
4) *BILLING CONTACT if different than the permittee.
1
Same as 1) Permit Operator
Responsible Person (Title):
Currently Held By (Person):
Telephone:
Organization:
Mailing Address:
City:
Office Manager
FirstName: Logan
State: CO Zip Code80011
LastName: Howland
303-363-1000 Email Address: Logan Howland@amesco.com
Ames Construction, Inc.
18450 E 28th Avenue
Aurora
5) OTHER CONTACT TYPES (check below) Add pages if necessary:
Responsible Person (Title):
Currently Held By (Person): FirstName:
Telephone:
Organization:
Mailing Address:
City:
State: CO Zip Code: 80011
Email Address:
LastName:
Environmental Contact
Inspection Facility Contact
Consultant
Compliance Contact
State: _ Zip Code:
Stormwater MS4 Responsible Person
Stormwater Authorized Representative
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B) PERMITTED PROJECT/FACILITY INFORMATION
Project/Facility Name
Street Address or Cross Streets
Ames Construction Ard Borrow Site
0.3 Miles East of the Intersection of Weld County Road 49 & Weld County Road 50
(e.g., Park St and 5 Ave; CR 21 and Hwy 10; 44 Ave and Clear Creek) ; A street name without an address, intersection, mile marker, or other
identifying information describing the location of the project is not adequate. For linear projects, the route of the project should be described as
best as possible using the starting point for the address and latitude and longitude - more clearly defined in the required map )
City: LaSalle
County: Weld Zip Code80645
Facility Latitude/Longitude - List the latitude and longitude of the excavation(s) resulting in the discharge(s). If the exact soil disturbing location(s)
are not known, list the latitude and longitude of the center point of the construction project. If using the center point, be sure to specify that it is
the center point of construction activity. The preferred method is GPS and Decimal Degrees.
Latitude 40 34719 Longitude 104 59464 e. 39.70312°, 104.93348°)
g,° )
Decimal Degrees (to S decimal places) Decimal Degrees (to S decimal places)
This information may be obtained from a variety of sources, including:
• Surveyors or engineers for the project should have, or be able to calculate, this information.
• U.S. Geological Survey topographical map(s), available at area map stores.
• Using a Global Positioning System (GPS) unit to obtain a direct reading.
• Google - enter address in search engine, select the map, right click on location, and select "what's here".
Note: the latitude/longitude required above is not the directional degrees, minutes, and seconds provided on a site legal description to define
property boundaries.
C) MAP (Attachment) If no map is submitted, the application cannot be submitted.
Map: Attach a map that indicates the site location and that CLEARLY shows the boundaries of the area that will be disturbed. A vicinity map is not
adequate for this purpose.
D) LEGAL DESCRIPTION - only for Subdivisions
Legal description: If subdivided, provide the legal description below, or indicate that it is not applicable (do not supply Township/Range/Section
or metes and bounds description of site)
Subdivision(s):
OR
✓
Not applicable (site has not been subdivided)
Lot(s): Block(s)
E) AREA OF CONSTRUCTION SITE - SEE PAGE 1- WILL DETERMINE FEE
Provide both the total area of the construction site, and the area that will undergo disturbance, in acres.
7
Total area of project disturbance site (acres):
Note: aside from clearing, grading and excavation activities, disturbed areas also include areas receiving overburden (e.g., stockpiles), demolition areas, and areas
with heavy equipment/vehicle traffic and storage that disturb existing vegetative cover.
Part of Larger Common Plan of Development or Sale, (i.e., total, including all phases, filings, lots, and infrastructure not covered by this application)
F) NATURE OF CONSTRUCTION ACTIVITY
Check the appropriate box(es) or provide a brief description that indicates the general nature of the construction activities (The full description of activities must be
included in the Stormwater Management Plan.)
Commercial Development
Residential Development
Highway and Transportation Development
Pipeline and Utilities (including natural gas, electricity, water, and communications)
Oil and Gas Exploration and Well Pad Development
Non-structural and other development (i.e. parks, trails, stream realignment, bank stabilization, demolition, etc.)
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G) ANTICIPATED CONSTRUCTION SCHEDULE
1/30/2017
Construction Start Date:
Final Stabilization Date: 11/30/201 7
• Construction Start Date - This is the day you expect to begin ground disturbing activities, including grubbing, stockpiling, excavating, demolition,
and grading activities.
• Final Stabilization Date - in terms of permit coverage, this is when the site is finally stabilized. This means that all ground surface disturbing
activities at the site have been completed, and all disturbed areas have been either built on, paved, or a uniform vegetative cover has been
established with an individual plant density of at least 70 percent of pre -disturbance levels. Permit coverage must be maintained until the site is
finally stabilized. Even if you are only doing one part of the project, the estimated final stabilization date must be for the overall project.
If permit coverage is still required once your part is completed, the permit certification may be transferred or reassigned to a new responsible
entity(s).
H) RECEIVING WATERS (If discharge is to a ditch or storm sewer, include the name of the ultimate receiving waters)
Immediate Receiving Water(s): Box Elder Creek
South Platte River
Ultimate Receiving Water(s):
Identify the receiving water of the stormwater from your site. Receiving waters are any waters of the State of Colorado. This includes all water courses, even if they
are usually dry. If stormwater from the construction site enters a ditch or storm sewer system, identify that system and indicate the ultimate receiving water for the
ditch or storm sewer. Note: a stormwater discharge permit does not allow a discharge into a ditch or storm sewer system without the approval of the owner/
operator of that system.
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DocuSign Envelope ID: 597D2519-4902-4B8E-90D 1-3E486C0F37D6
I) SIGNATURE PAGE
1. You may print and sign this document and mail the hard copy to the State along with required documents (address on page one).
2. Electronic Submission Signature
You may choose to submit your application electronically, along with required attachments. To do so, click the SUBMIT button below which will direct you, via
e-mail , to sign the document electronically using the DocuSign Electronic Signature process. Once complete, you will receive via e-mail, an electronically
stamped Adobe pdf of this application. Print the signature page from the electronically stamped pdf, sign it and mail it to the WQCD Permits Section to complete
the application process (address is on page one of the application).
• The Division encourages use of the electronic submission of the application and electronic signature. This method meets signature requirements as
required by the State of Colorado.
• The ink signed copy of the electronically stamped pdf signature page is also required to meet Federal EPA Requirements.
• Processing of the application will begin with the receipt of the valid electronic signature.
STORMWATER MANAGEMENT PLAN CERTIFICATION
By checking this box "I certify under penalty of law that a complete Stormwater Management Plan, as described in Appendix B of this application, has been pre-
pared for my activity. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information,
the Stormwater Management Plan is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
falsely certifying the completion of said SWMP, including the possibility of fine and imprisonment for knowing violations."
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to
assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate and complete.
I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
"I understand that submittal of this application is for coverage under the State of Colorado General Permit for Stormwater Discharges Associated with Construction
Activity for the entirety of the construction site/project described and applied for, until such time as the application is amended or the certification is
transferred, inactivated, or expired." [Reg 61.4(1)(h)]
For Docusign
Electronic Signature
Gnc n,ignsl trp .
C.tis
a ?Si r. i
Ink Signature
Signature of Legally Responsible Person or Authorized Agent (submission must include original signature)
Robert Gillis
Date, 01/19/2017
Senior Vice President
Name (printed) Title
Signature: The applicant must be either the owner and operator of the construction site. Refer to Part B of the instructions for additional information.
The application must be signed by the applicant to be considered complete. In all cases, it shall be signed as follows:
(Regulation 61.4 (lei)
a) In the case of corporations, by the responsible corporate officer is responsible for the overall operation of the facility from which the discharge described in
the form originates
b) In the case of a partnership, by a general partner.
c) In the case of a sole proprietorship, by the proprietor.
d) In the case of a municipal, state, or other public facility, by either a principal executive officer, ranking elected official, (a principal executive officer has
responsibility for the overall operation of the facility from which the discharge originates).
3rd Party Preparer: If this form was prepared by an authorized agent on behalf of the Permittee, please complete the field below.
Preparer Name (printed) Email Address
DO NOT INCLUDE A COPY OF THE STORMWATER MANAGEMENT PLAN
DO NOT INCLUDE PAYMENT -AN INVOICE WILL BE SENT AFTER THE CERTIFICATION IS ISSUED.
*** ELECTRONICALLY SUBMITTED STORMWATER CONSTRUCTION APPLICATION ***
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HIGHLIGHTS
CONSTRUCTION ACTIVITY
STORMWATER GENERAL PERMIT
PERMIT REQUIREMENTS:
w
Inspections: Inspection of stormwater management system required
at least every 14 days and after any precipitation or snowmelt event
that causes surface erosion. (See Inspections, page 12 of the permit,
enclosed.)
Records: Records of inspections must be kept and be available for
review by the Division.
Stormwater Management Plan (SWMP): A copy of the SWMP
must be kept on the construction site at all times.
PERMIT FEE:
* Send payment only when you receive an invoice (sent once a year).
PERMIT TERMINATION AND TRANSFER:
* If the facility is finally stabilized, you may inactivate the permit,
using the enclosed Division form.
"Final stabilization" is reached when all the construction is
complete, paving is finished, and the vegetation (grass, etc.) is
established, not just reseeded. See permit, page 9.
If the entire site changes ownership, you should transfer the permit
to the new owner.
If part of the site will be sold to a new owner, you will need to
reassign permit coverage.
x Forms for these actions are available on our website, below. Also
see page 5 of the permit.
QUESTIONS?
www.coloradowaterpermits.com
� Email cdphe.wqed_permits@state.co.us
Or call (303)692-3517
4/14
COLORADO
Department of Public
Health & Environment
Dedicated to protecting and improving the health
and environment of the people of Colorado
FOR DIVIISION USE ONLY
Effective date
COLORADO WATER QUALITY CONTROL DIVISION TERMINATION APPLICATION
Print or type all information. Mail original form with ink signature to the following address. Emailed and Faxed forms
will not be accepted. All items must be filled out completely and correctly. If the form is not complete, you will be
asked to resubmit it.
Colorado Dept of Public Health and Environment
Water Quality Control Division WQCD-P-B2
4300 Cherry Creek Drive South
Denver CO 80246-1530
PART A. IDENTIFICATION OF PERMIT OR AUTHORIZATION - Please limit submission to one permit, certification,
or authorization per form. All permit termination dates are effective on the date approved by the division.
Processing times vary by type of discharge. Some discharge types require onsite inspections to verify
information in this application.
PERMIT, CERTIFICATION, OR AUTHORIZATION NUMBER (DOES NOT END IN 0000)
PART B. PERMITTEE INFORMATION
Company Name
Legal Contact First Name Last Name
Title
Mailing Address
City State Zip Code
Phone Email address
PART C. FACILITY OR PROJECT INFORMATION
Facility/Project name
Location/Address
City County
Local contact name Title
Phone Email address
PART D. TERMINATION INFORMATION QUESTIONS Provide information for Part D that applies to your facility and
termination request. Not all questions need to be answered- only the part that applies to your facility.
Part D1 covers facilities no longer in operation.
Part D2 covers mining facilities no longer in operation
Part D3 covers facilities in operation but no longer discharging or needing permit coverage.
Part D4 covers Stormwater Construction facilities where construction is complete and the site is stabilized.
**Please answer questions as completely as possible to assist in timely approval of this termination request. **
Dl. FACILITY IS NO LONGER IN OPERATION AT THIS LOCATION
All activities and discharges at the identified site have ceased; all potential pollutant sources have been
removed; all industrial wastes have been disposed of properly; all DMR's, Annual Reports, and other reports
have been submitted; and all elements of a Stormwater Management Plan have been completed (if this
applies).
**FOR LAGOONS: please reference "information regarding Domestic
Treatment Works Closure at Wastewater Treatment Facilities"
Page 1 of 3 Dec 2014
COLORADO WATER QUALITY CONTROL DIVISION TERMINATION APPLICATION www.coloradowaterpermits.com
D2. MINING FACILITY IS NO LONGER IN OPERATION AT THIS LOCATION.
Sand and Gravel, Coal or Hard Rock Mining
1 1
A. Mining operation is no longer discharging process/treated water. Bond has not been released by DRMS.
A stormwater only permit is requested at this time. Attach application for Stormwater Only permit.
B. Recta
n of mining site is completed. Bond has been rased by DRMS.
0 Explain below:
YES Attach a copy of the Bond release letter.
C. Reclamation of mining site is complete. Is there any continued mine drainage? Eg. Adits or unreclaimed
waste piles? YES , Please explain, attach additional pages as necessary.
D3. FACILITY IS STILL IN OPERATION BUT IS NO LONGER DISCHARGING OR NO LONGER NEEDS A PERMIT
H
I I
A. Facility continues to operate, however the activity producing the discharge has ceased (including
changes in SIC Code resulting in change in duty to apply).
B. Termination is based on alternate disposal of discharges (discharge is being disposed of in another way)
a. Solid waste disposal unit (e.g. evaporative ponds)
b. No Exposure Exclusion (for industrial stormwater facilities only.) NOX Number
c. Combined with another authorized discharge. Permit Number
d. Permit is not required (includes coverage by low risk policy, etc.) - please explain, attach
additional pages if necessary
C. PERMITTEE IS NO LONGER THE OWNER/OPERATOR OF THE SITE and all efforts have been made to
transfer the permit to appropriate parties. Please attach copies of registered mail receipts, letters,
etc.
D4. STORMWATER CONSTRUCTION FACILITIES WHERE CONSTRUCTION IS COMPLETE (Select A, B, or C)
1 _ 1
A. SITE IS FINALLY STABILIZED OR CONSTRUCTION WAS NOT STARTED
a. The permitted activities meet the requirements for FINAL stabilization in accordance with the
permit, the Stormwater Management Plan, and as described in item b. (explanation can be
construction activities were not started).
b. Describe the methods used to meet final stabilization. (Required)
`Final Stabilization defined on page 3
Page 2 of 3
Dec 2014
COLORADO WATER QUALITY CONTROL DIVISION TERMINATION APPLICATION www.coloradowaterpermits.com
D4. STORMWATER CONSTRUCTION FACILITIES WHERE CONSTRUCTION IS COMPLETE (Continued)
H
B. ALTERNATIVE PERMIT COVERAGE OR FULL REASSIGNMENT
a. All ongoing construction activities including all disturbed areas, covered under the permit
certification listed in Part B have coverage under a separate CDPS Stomwater Construction
permit. The Division's Reassignment form was used by the permittee to reassign all areas and
activities.
b. Permit certification number covering the ongoing activities (Required)
C. PERMITTEE IS NO LONGER THE OWNER OR OPERATOR OF THE FACILITY
All efforts have been made to transfer the permit to appropriate parties.
Please attach copies of registered mail receipt, letters, etc.
*Final stabilization is reached when: all ground surface disturbing activities at the site have been completed
including removal of all temporary erosion and sediment control measure, and uniform vegetative cover has been
established with an individual plant density of at least 70 percent of predisturbance levels, or equivalent
permanent, physical erosion reduction methods have been employed.
PART E. CERTIFICATION SIGNATURE REQUIRED FOR ALL TERMINATION REQUESTS
H
I certify under penalty of law that this document and all attachments were prepared under my direction and/or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or
those individuals immediately responsible for gathering the information, the information submitted is to the
best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and imprisonment for knowing
violations. " (See 18 USC 1001 and 33 USC 1319)
I certify that I am the legal representative of the above named company (PART B page 1).
Applies to Stormwater Construction terminations:
I understand that by submitting this notice of termination, I am no longer authorized to discharge stormwater
associated with construction activity by the general permit. I understand that discharging pollutants in
stormwater associated with construction activities to the waters of the State of Colorado, where such
discharges are not authorized by a CDPS permit, is unlawful under the Colorado Water Quality Control Act and
the Clean Water Act.
Signature of Legally Responsible Party Date Signed
Name (printed) Title
Signatory requirements: This termination request shall be signed, dated, and certified for accuracy by the permittee in
accord with the following criteria:
1. In the case of a corporation, by a principal executive officer of at least the level of vice-president, or his or her
duly authorized representative, if such representative is responsible for the overall operation of the operation
from which the discharge described herein originates;
2. In the case of a partnership, by a general partner;
3. In the case of a sole proprietorship, by the proprietor;
4. In the case of a municipal, state, or other public operation, by either a principal executive officer, ranking elected
official, or other duly authorized employee.
Page 3 of 3 Dec 2014
EFFECTIVE JULY 1, 2007
Page 2 of 22
Permit No. COR-030000
CDPS GENERAL PERMIT
STORMWATER DISCHARGES ASSOCIATED WITH
CONSTRUCTION ACTIVITY
AUTHORIZATION TO DISCHARGE UNDER THE
COLORADO DISCHARGE PERMIT SYSTEM
In compliance with the provisions of the Colorado Water Quality Control Act, (25-8-101 et seq., CRS, 1973
as amended) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.; the "Act"),
this permit authorizes the discharge of stormwater associated with construction activities (and specific
allowable non-stormwater discharges in accordance with Part I.D.3 of the permit) certified under this permit,
from those locations specified throughout the State of Colorado to specified waters of the State. Such
discharges shall be in accordance with the conditions of this permit.
This permit specifically authorizes the facility listed on page 1 of this permit to discharge, as of this date, in
accordance with permit requirements and conditions set forth in Parts I and Il hereof. All discharges
authorized herein shall be consistent with the terms and conditions of this permit.
This permit and the authorization to discharge shall expire at midnight, June 30, 2012.
Issued and Signed this 31g day of May, 2007
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Janet S. Kieler
Permits Section Manager
Water Quality Control Division
SIGNED AND ISSUED MAY 31, 2007 ADMINISTRATIVCONTINUED EFFECTIVE
JULY 1.2012
TABLE OF CONTENTS
PART I
A. COVERAGE UNDER THIS PERMIT 3
I. Authority to Discharge 3
a) Applicable Sections 3
b) Oil and Gas Construction 3
?. Definitions ... 3
3. Permit Coverage Without Application --- Qualifying Local Programs .. 3
a) Applicable Sections 3
b) Local Agency Authority ,, 4
c) Permit Coverage Termination 4
d) Compliance with Qualifying Local Program 4
e) Full Permit Applicability 4
4. Application, Due Dates ... 4
a) Application Due Dates 4
b) Summary of Application 4
5. Permit Certification Procedures 4
a) Request for Additional Information 4
b) Automatic Coverage;
c) Individual Permit Required
d) General vs. Individual Permit Coverage
e) Local Agency Authority 5
6. Inactivation Notice 5
7. Transfer of Permit 5
8. Reassignment of Permit 5
9. Sale of Residence to Homeowners 6
10. Permit Expiration Date 6
11. Individual Permit Criteria 6
B. STORMWATER MANAGEMENT PLAN GENERAL REQUIREMENTS ,,.,..., 6
C. STORMWATER MANAGEMENT PLAN - CONTENTS 7
I. Site Description 7
?. Site Map 7
3. Stormwater Management Controls
a) SWMP Administrator 8
b) Identification of Potential Pollutant Sources 8
c) Best Management Practices (BMPs) for Stormwater Pollution Prevention. 8
4. Final Stabilization and Long-term Stormwater Management _.._ 9
5. Inspection and Maintenance I o
D. TERMS ANI) CONDITIONS _ 10
I. General Limitations . 10
BMP Implementation and Design Standards 10
3. Prohibition of Non-Stormwater Discharges 11
4. Releases in Excess of Reportable Quantities 11
5. SWMP Requirements 11
a) SWMP Preparation and Implementation
b) SWMP Retention Requirements . 11
c) SWMP Review/Changes 1. I
d) Responsive SWMP Changes 12
6. Inspections - 12
f.�•{.?
a) Minimum Inspection Schedule 12
h) Inspection Requirements 13
c) Required Actions Following Site Inspections 13
7. BMP Maintenance 13
8. Replacement and Failed BMPs , 14
9. Reporting 14
- a -
r.
TABLE OF CONTENTS (cont.)
10. SWMP Availability 14
r
11. Total Maximum Daily Load (TMDL) 14
ADDITIONAL DEFINITIONS 15
F. GENERAL REQUIREMENTS J 6
1 Signatory Requirements 16
Retention of Records 16
3., Monitoring 16
PART II
A. MANAGEMENT REQUIREMENTS 17
I Amending a Permit Certification 17
Special Notifications - Definitions 17
3 Noncompliance Notification ...17
. Submission of Incorrect or Incomplete Information 18
s Bypass . 18
6. Upsets 18
7. Removed Substances R..... 18
8. Minimization of Adverse Impact .18
9_ Reduction, Loss, or Failure of Stoi m ater Controls 19
10. Proper Operation and Maintenance 19
B. RESPONSIBILITIES 19
1 Inspections and Right to Entry 19
1 Duty to Provide Information 19
Transfer of Ownership or Control 19
4 :Modification, Suspension, or Revocation of Permit By Division .... Zo
5 . Permit Violations..., 71
6 Legal Responsibilities 21
7 : Severability its` 21
8, Renewal Application 21
9 Confidentiality en
10. Fees 21
11. Requiring an Individual CDPS Permit ??
PART I
Permit - Page 3
Permit No. COR_030000
PART I
COVERAGE 'UNDER TI HIS PERMIT
Authority to Discharge
Under this permit, facilities are granted authorization to discharge stonnwater associated with construction activities into
waters of the state of Colorado. This permit also authorizes the discharge of specific allowable non-stormwater discharges,
in accordance with Part 1.D.3 of the permit, which includes discharges to the ground. This includes stormwater discharges
from areas that are dedicated to producing earthen materials, such as soils, sand and gravel, for use at a single construction
site (i.e., borrow or fill areas). This permit also authorizes storniwater discharges from dedicated asphalt batch plants and
dedicated concrete batch plants. (Coverage under the construction site permit is not required for hatch plants if they have
alternate COPS permit coverage.) This permit does not authorize the discharge of mine water or process water from such
areas.
a) Applicable Sections: In accordance with Part 1.A.3 of this permit, some parts of this permit do not apply to sites
covered under a Qualifying Local Proram, as defined in I.A.'.d. For sites not covered by a Qualifying Local
Program, all parts of the permit apply except Part I.A.3. The permittee will be responsible for determining and then
complying with the applicable sections.
b) Oil and Gas Construction: Stormwater discharges associated with construction activities directly related to oil and
gas exploration, production, processing, and treatment operations or transmission facilities are regulated under the
Colorado Discharge Permit System Regulations (5CCR 1002-61), and require coverage under this permit in
accordance with that regulation. However, references in this permit to specific authority under the Federal Clean
water Act (CWA) do not apply to stormwater discharges associated with these oil and gas related construction
activities, to the extent that the references are limited by the federal Energy Policy Act of 2005.
Definitions
Stormwater: Stormwater is precipitation -induced surface runoff.
b) Construction activity: Construction activity refers to ground surface disturbing activities, which include, but are
not limited to, clearing, grading, excavation, demolition, installation of new or improved haul roads and access
roads, staging areas, stockpiling of fill materials, and borrow areas. Construction does not include routine
maintenance to maintain original line and grade, hydraulic capacity, or original purpose of the facility.
Small construction activity: Stormwater discharge associated with small construction activity means the discharge
of stormwater from construction activities that result in land disturbance of equal to or greater than one acre and less
than fire acres. Small construction activity also includes the disturbance of less than one acre of total land area that
is part of a larger common plan of development or, sale, if the larger common plan will ultimately disturb equal to or
greater than one and less than five acres.
d) Qualifying Local Program: This permit includes conditions that incorporate qualifying local erosion and sediment
control program (Qualifying Local Program) requirements by reference, A Qualifying Local Program is a municipal
stormwater program for stop water discharges associated with small construction activity that has been formally
approved by the Division.
Other Definitions: Definitions of additional terms can be found in Part LE. of this permit.
Permit Coverage Without Application — for small construction activities under a Qualifying Local Program only
If a small construction site is within the jurisdiction of a Qualifying Local Program, the operator of the construction
activity is authorized to discharge stormwater associated with small construction activity under this general permit without
the submittal of an application to the Division.
a) Applicable Sections: For sites covered by a Qualifying Local Program, only Parts I .A.I, l.A.2, 1.A.3, I.D. I ,1122,
I.D.3,1.D.4, 1.D.7, 11 18, I. . i 1, I.E and Part II of this permit, with the exception of Parts LLLA.l, II.B.3, 11.8.8. and
11.810, apply.
PART I
Permit - Page 4
Permit No. COR-030000
A. COVERAGE UNDER THIS PERMIT (cont.)
b Local Agency, Authority: This permit does not pre-empt or supersede the authority of local agencies to prohibit,
restrict, or control discharges of stormwater to storm drain systems or other water courses within their jurisdiction.
Permit Coverage Termination: When a site under a Qualifying Local Program has been finally stabilized,
coverage under this permit is automatically terminated.
Compliance with Qualifying Local Program: A construction site operator that has authorization to discharge
under this permit under Part 1.A.3 shall comply with the requirements of the Qualifying Local Program with
jurisdiction over the site.
Full Permit Applicability: The Division may require any operator within the jurisdiction of a Qualifying Local
Program covered under this permit to apply for and obtain coverage under the full requirements of this pen pit. The
operator must be notified in writing that an application for full coverage is required. When a permit certification
under this permit is issued to an operator that would otherwise be covered under Part I.A.3 of this permit, the full
requirements of this permit replace the requirements as per Part 1.1..3 of this permit., upon the effective date of the
permit certification. A site brought under the full requirements of this permit must still comply with local
stormwater management requirements, policies or guidelines as required by Part 1.1).! .g of this permit.
4. Application, Due Dates
Application Due Dates: At least ten calendar days prior to the commencement of construction activities, the
applicant shall submit an application form as provided by the Division, with a certification that the Stormwater
Management Plan (SWMP) is complete.
One original completed discharge permit application shall be submitted, by mail or hand delivery, to:
Colorado Department of Public Health and Environment
Water Quality Control Division
WQCD-Permits-B2
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530
Summary of Application: The application requires, at a minimum, the following:
1) The applicant's company name; address; telephone number; and email address (if available); whether the
applicant is the owner, developer, or contractor; and local contact information;
l Project name, address, county and location of the construction site. including the latitude and longitude to the
nearest 15 seconds of the approximate center of the construction activity;
3) Legal description or map of the construction site;
4) Estimates of: the total area of the site, the area of the site that is expected to be disturbed, and the total area of
the larger common plan of development or sale to undergo disturbance;
5) The nature of the construction activity;
6) The anticipated start date and final stabilization date for the project;
7) The name of the receiving water(s), or the municipal separate storm sewer system and the ultimate (i.e., named)
receiving water(s);
8) Certification that the SWMP for the construction site is complete (see Part 1.C. below); and
9) The signature of the applicant, signed in accordance with Part I.F.1 of this permit.
Permit Certification Procedures
If this general permit is appropriate for the applicant's operation, then a certification willbe developed and the applicant
will be authorized to discharge stormwater under this general permit.
Request for Additional Information: The Division shall have up to ten calendar days after receipt of the above
information to request additional data and/or deny the authorization for any particular discharge. Upon receipt of
additional information, the Division shall have an additional ten calendar days to issue or deny authorization for
the particular discharge. (Notification of denial shall be by letter. in cases where coverage under an alternate general
permit or an individual permit is required, instead of coverage under this permit)
P A. RT I
Permit - Page 5
Permit No. COR-0 3 0000
A. COVERAGE. UNDER THIS PERMIT (corn.)
h) Automatic Coverage: If the applicant does not receive a request for additional information or a notification of
denial from the Division dated within ten calendar days of receipt of the application by the Division, authorization to
discharge in accordance with the conditions of this permit shall be deemed granted.
e Individual Permit Required: If, after evaluation of the application- (or additional information, such as the SWMP),
it is found that this general permit is not appropriate for the operation, then the application will be processed as one
for an individual permit. The applicant will be notified of the Division's decision to deny certification under this
general permit. For an individual permit, additional information may be requested,. and 180 days may be required to
process the application and issue the permit. At the Division's discretion, temporary coverage under this general
permit may be allowed until the individual permit goes into effect.
d) General vs. Individual Permit Coverage: Any permittee authorized by this permit may request to be excluded
from the coverage of this permit by applying for an individual CDPS permit. The permittee shall submit an
individual application, with reasons supporting the request, to the Division at least 180 days prior to any discharge.
e Local Agency Authority: This permit does not, pre-empt or supersede the authority of local agencies to prohibit,
restrict, or control discharges of stormwater to storm drain systems or other water courses within their jurisdiction.
6. Inactivation Notice
When a site has been finally stabilized in accordance with the SWMP, the permittee must submit an Inactivation Notice
form that is signed in accordance with Part I.F.1. of this permit. The Inactivation Notice form is available from the
Division and includes:
a) Permit certification number;
b) The perrnittee's name, address, telephone number;
c) Name, location, and county for the construction site for which the inactivation notice is being submitted; and
d) Certification that the site has been finally stabilized, and a description of the final stabilization method(s).
7. Transfer of Permit
When responsibility for stormwater discharges at a construction site changes- from one entity to another, the permittee shall
submit a completed Notice of Transfer and Acceptance of Terms form that is signed in accordance with Part t. '. I . of
this permit. The Notice of Transfer fonn is available from the Division and includes:
a) Permit certification number;
b) Name, location, and county for the construction site for which the Notice of Transfer is being submitted;
c) Identifying information for the new permittee;
d) Identifying information for the current permittee; and
e) Effective date of transfer.
If the new responsible party will not complete the transfer form, the permit may be inactivated upon written request to the
Division and completion of the Inactivation Notice if the permittee has no legal responsibility, through ownership or
contract, for the construction activities at the site. In this case, the new owner or operator would be required to obtain
permit coverage separately.
8. Reassignment of Permit
When a pennittee no longer has control of a specific portion of a permitted site, and wishes to transfer coverage of that
portion of the site to a second party, the permittee shall submit a completed Notice of Reassignment of. Permit Coverage
form that is signed in accordance with Part 1.F.1. of this permit. The Notice of Reassignment or Permit Coverage form is
available from the Division and includes:
a) Current permit certification number;
b) Identifying information and certification as required by Part I.A.4.b for the new pertnittee;
c) Identifying information for the current permittee, revised site information and certification for reassignment; and
d) Effective date ofreassigntment.
PART I
Permit - Page 6
Permit No. COR-030000
A. COVERAGE UNDER THIS PERMIT (cont.)
lithe new responsible party will not complete the reassignment form, the applicable portion of the permitted site may be
removed from permit coverage upon written request to the Division if the permittee has no legal responsibility, through
ownership or contract, for the construction activities at the portion of the site. In this case, the new owner or operator
vi ould be required to obtain permit coverage separately.
Sale of Residence to Homeowners
For residential construction only, when a residential lot has been conveyed to a homeowner and all criteria in paragraphs
a through e, below, are met, coverage under this permit is no longer required and the conveyed lot may be removed from
coverage under the permittee's certification. At such time, the pennittee is no longer responsible for meeting the terms and
conditions of this permit for the conveyed lot, including the requirement to transfer or reassign permit coverage. The
pennittee remains responsible for inactivation of the original certification.
a. The lot has been sold to the homeowner(s) for private residential use;
b" the lot is less than one acre of disturbed area;
c) all construction activity conducted by the pennittee on the lot is completed;
d) a certificate of occupancy (or equivalent) has been awarded to the home owner; and
e" the SWMP has been amended to indicate the lot is no longer covered by permit.
Lots not meeting all of the above criteria require continued permit coverage. However, this permit coverage may he
transferred (Part I.A.7, above) or reassigned (Part I.A.8. above) to a new owner or operator.
10. Iermit:xpiration Date
Authorization to discharge under this general permit shall expire on June 30. 2012. The Division must evaluate and
reissue this general permit at least once every five years and must recertify the permittee's authority to discharge under the
general permit at such time. Therefore, a permittee desiring continued coverage under the general permit must reapply by
March 31, 2012. The Division will initiate the renewal process; however, it is ultimately the permittee's responsibility to
ensure that the renewal is submitted. The Division will determine if the permittee may continue to operate under the terms
of the general permit. An individual permit may be required for any facility not reauthorized to discharge under the
reissued general permit.
11. Individual Permit Criteria
Various criteria can be used in evaluating whether or not an individual (or alternate general) permit is required instead of
this general permit. This information may come from the application, SWMP, or additional information as requested by
the Division, and includes, but is not limited to, the following:
a) the quality of the receiving waters (i.e., the presence of downstream drinking water intakes or a high quality fishery,
or for preservation of high quality water);
b) the size of the construction site:
c t evidence of noncompliance under a previous permit for the operation;
d I the use of chemicals within the stormwater system; or
c) discharges of pollutants of concern to waters for which there is an established Total Maximum Daily Load (TMDL).
In addition, an individual permit may be required when the Division has shown or has reason to suspect that the
stormwater discharge may contribute to a violation of a water quality standard.
B. STORMWATER MANAGEMENT PLAN (SWMP) — GENERAL REQUIREMENTS
1. A SWMP shall he developed for each facility covered by this permit. The SWMP shall be prepared in accordance with
good engineering, hydrologic and pollution control practices. (The SWMP need not be prepared by a registered engineer.)
PART I
Permit - Page 7
Permit No. COR-030000
B. STORMWATER MANAGEMENT PLAN (SWMP) — GENERAL REQUIREMENTS (cont.)
I
The SWMP shall:
a) Identify all potential sources of pollution which may reasonably be expected to affect the quality of .stormwater
discharges associated with construction activity from the facility;
b) Describe the practices to be used to reduce the pollutants in stormwater discharges associated with construction
activity at the facility; and ensure the practices are selected and described in accordance with good erwineering
practices, including the installation. implementation and maintenance requirements; and
Be properly prepared, and updated in accordance with Part I.Ds5.c, to ensure compliance with the terms and
conditions of this permit.
�. Facilities must implement the provisions of the SWMP as written and updated, from commencement of construction activity
until final stabilization is complete, as a condition of this permit. The Division reserves the right to review the SWMP, and
to require the permittee to develop and implement additional measures to prevent and control pollution as needed.
4. The SWMP may reflect requirements for Spill Prevention Control and Countermeasure (SPCC) plans under section 311 of
the C%VA, or Best Management Practices (13MPs) Programs otherwise required by a separate CDPS permit, and may
incorporate any part of such plans into the SWMP by reference, provided that the relevant sections of such plans are
available as part of the SWMP consistent with Part I.D.5.b.
For any sites with permit coverage before June 30, 2007, the permittee's SMWP must meet the new SWMP requirements as
summarized in Section ll,l of the rationale. Any needed changes must be made by October 1, 2007.
C. STORMWATER MANAGEMENT PLAN (SWMP) - CONTENTS
The SWMP shall include the following items, at a minimum.
l , Site Description. The SWMP shall clearly describe the construction activity, to include:
a) The nature of the construction activity at the site.
b) The proposed sequence for major activities.
c) Estimates of the total area of the site,and the area and location expected to be disturbed by clearing, excavation,
grading, or other construction activities.
d) A summary of any existing data used in the development of the site construction plans or SWMP that describe the
soil or existing potential for soil erosion.
e) A description of the existing vegetation at the site and an estimate of the percent vegetative ground cover.
1) The location and description of all potential pollution sources, including ground surface disturbing activities (see
Part [ A.2,b), vehicle fueling, storage of fertilizers or chemicals, etc.
gl The location and description of any anticipated allowable sources of non-stormwater discharge at the site, e.g.,
uncontaminated springs, landscape irrigation return flow, construction dewatering, and concrete wlashotit.
h) The name of the receiving water(s) and the size, type and location of any outfall(s). If the stormwater discharge is to
a municipal separate storm sewer system. the name of that system, the location of the storm sewer discharge, and the
ultimate receiving waters_).
I,
Site Map. The SWMP shall include a legible site map(s), showing the entire site, identifying:
a) constructionsite boundaries;
h) all areas of ground surface disturbance;
c) areas of cut and fill;
d) areas used for storage of building materials, equipment, soil, or waste;
e) locations of dedicated asphalt or concrete batch plants;
locations of all structural 3M.Ps;
g) locations of non-structural BMPs as applicable; and
hi locations of springs, streams, wetlands and other surface waters.
PART I
Permit - Page 8
Permit No. C OR -0 X 0000
STORMWATER ATER MANAGEMENT GEMl: NT PLAN (SWMP) — CONTENTS (cont.)
3. Stormwater Management Controls.
The SWMP must include a description of all stormwater management controls that will be implemented as part of the
construction activity to control pollutants in stormwater discharges. The appropriateness and priorities of stormwater
management controls in. the SWMP shall reflect the potential pollutant sources identified at the facility.
The description of stormwater management controls shall address the following components, at a minimum:
a) SWMP Administrator - The SWMP shall identify a specific individual(s), position or title who is responsible for
developing., implementing, maintaining, and revising the SWMP. The activities and responsibilities of the
administrator shall address all aspects of the facility's SWMP.
b) Identification of Potential Pollutant Sources - All potential pollutant sources, including materials and activities, at
a site must be evaluated for the potential to contribute pollutants to stormwater discharges. The SWMP shall
identify and describe those sources determined to have the potential to contribute pollutants to stormwater
discharges, and the sources must be controlled through BMP selection and implementation, as required in paragraph
(e), below.
At a minimum, each of the following sources and activities shall be evaluated for the potential to contribute
po l l utants to stornnwater discharges, and identified in the SWMP if found to have such potential:
1 all disturbed and stored soils;
2) vehicle tracking of sediments;
3) management of contaminated soils;
4) loading and unloading operations;
5) outdoor storage activities (building materials, fertilizers, chemicals, etc:);
6) vehicle and equipment maintenance and fueling;
7) significant dust or particulate generating processes;
8) routine maintenance activities involving fertilizers, pesticides, detergents, fuels, solvents, oils, etc.;
9) on -site waste management practices (waste piles, liquid wastes, dumpsters4 etc.);
10) concrete truclelequipment washing, including the concrete truck chute and associated fixtures and equipment;
11) dedicated asphalt and concrete batch plants;
12) non -industrial waste sources such as worker trash and portable toilets; and
13) other areas or procedures where potential spills can occur.
cl Best Management Practices (BMPs) for Stormwater Pollution Prevention e The SWMP shall identify and
describe appropriate BMPs, including, but not limited to, those required by paragraphs 1 through S below, that will
be implemented at the facility to reduce the potential of the sources identified in Part I.C.3.b to contribute pollutants
to storrnwater discharges. The SWMP shall clearly describe the installation and implementation specifications for
each BMP identified in the SWMP to ensure proper implementation, operation and maintenance of the BMP.
1) Structural Practices for Erosion and Sediment Control. The SWMP shall clearly describe and locate all
structural practices implemented at the site to minimize erosion and sediment transport. Practices may include,
but are not limited to: straw bales, wattles/sediment control logs, silt fences, earth dikes, drainage swales,
sediment traps, subsurface drains, pipe slope drains, inlet protection, outlet protection, gabions, and temporary
or permanent sediment basins.
e
Non -Structural Practices for Erosion and Sediment Control. The SWMP shall clearly describe and locate, as
applicable, all nor -structural practices implemented at the site to minimize erosion and sediment transport.
Description must include interim and permanent stabilization practices, and site -specific scheduling for
implementation of the practices. The SWMP should include practices to ensure that existing vegetation is
preserved where possible. Non-structural practices may include, but are not limited to: temporary vegetation,
permanent vegetation, mulching, geotextiles, sod stabilization, slope roughening, vegetativ=e buffer strips,
protection of trees, and preservation of mature vegetation.
PART I
Permit - Page 9
Permit No. COR-030000
C. ST RMWATER MANAGEMENT PLAN (SWMP) — CONTENTS (cont.)
3) Phased BMP.Implementation. The SWMP shall clearly describe the relationship between the phases of
construction, and the implementation and maintenance of both structural and non-structural stormwater
management controls. The SWMP must identify the storm.water management controls to be implemented
during the project phases, which can include} butare not limited to, clearing and grubbing; road construction;
utility and infrastructure installation; vertical construction; final grading; and final stabilization_
4) Materials Handling and Spill Prevention. The SWMP shall clearly describe and locate all practices
implemented at the site to minimize impacts from procedures or significant materials (see definitions at Part
I.E.) that could contribute pollutants to runoff. Such procedures or significant materials could include: exposed
storage of building materials; paints and solvents; fertilizers or chemicals; waste material; and equipment
maintenance or fueling procedures.
Areas or procedures where potential spills can occur must have spill prevention and response procedures
identified in the SWMP.
5) Dedicated Concrete or Asphalt Batch Plants. The SWMP shall clearly describe and locate all practices
implemented at the site to control stormwater pollution from dedicated concrete batch plants or dedicated
asphalt batch plants covered by this certification,
6) Vehicle Tracking Control. The SWMP shall clearly describe and locate all practices implemented at the site to
control potential sedimentdischarges from vehicle tracking. Practices must be implemented for all areas of
potential vehicle tracking, and can include: minimizing site access; street sweeping or scraping; tracking pads;
graveled parking areas; requiring that vehicles stay on paved areas on -site; wash racks; contractor education,
and/or sediment control BMPs, etc.
Waste Management and.Diposal, Including Concrete Washout.
i) The SWMP shall clearly describe and locate the practices implemented at the site to control stormwater
pollution from all construction site wastes (liquid and solid), including concrete washout activities,
ii) The practices used for concrete washout must ensure that these activities do not result in the contribution
of pollutants associated with the washing activity to stormwater runoff.
iii) Part I.D.3.c of the permit authorizes the conditional discharge of concrete washout water to the ground.
The SWMP shall clearly describe and locate the practices to be used that will ensure that no washout
water from concrete washout activities is discharged from the site as surface runoff or to surface waters.
8) Groundwater and Stormwater Dewatering.
t j The SWMP shall clearly describe and locate the practices implemented at the site to control stormwater
pollution from the dewatering of groundwater or stormwater from excavations, wells, etc.
ii) Part I.D.3.d of the permit authorizes the conditional discharge of construction dewatering to the ground.
For any construction dewatering of groundwater not authorized under a separate CDPS discharge permit,
the SWMP shall clearly describe and locate the practices to be used that will ensure that no groundwater
from construction dewatering is discharged from the site as surface runofor to surface waters.
4. Final Stabilization and Eon2-terra Stormwater Management
a) The SWMP shall clearly describe the practices used to achieve final stabilization of all disturbed areas at the site,
and any planned practices to control pollutants in stormwater discharges that will occur after construction operations
have been completed at the site.
b) Final stabilization practices for obtaining a vegetative cover should include, as appropriate: seed mix selection and
application methods; soil preparation and amendments; soil stabilization practices (e.g., crimped straw, hydro mulch
or rolled erosion control products); and appropriate sediment control BMPs as needed until final stabilization is
achieved: etc.
PART I
Permit - Page 10
Permit No. FOR -030000
STORMWATER MANAGEMENT PLAN (SWMP) — CONTENTS (cont.)
Final stabilization is reached when all ground surface disturbing activities at the site have been completed, and
uniform vegetative cover has been established with an individual plant density of at least 70 percent of pre_
disturbance levels, or equivalent permanent, physical erosion reduction methods have been employed.
The Division may; after consultation with the permittee and upon good cause, amend the final stabilization criteria in this
s ctionfor specific operations.
Inspection, and Maintenance
P;trt I.D.b of the permit includes requirements for site inspections. Part I.D.7 of the permit includes requirements for 13NMP
maintenance. The SWMP shall clearly describe the inspection and maintenance procedures implemented at the site to
maintain all erosion and sediment control practices and other protective practices identified in the SWMP, in good and
effective operating condition.
D. TERMS AND CONDITIONS
I. General Limitations
The following limitations shall apply to all discharges covered by this permit:
tormwater discharges from construction activities shall not cause, have the reasonable potential to cause, or
measurably contribute to an exceedance of any water quality standard, including narrative standards for water
quality.
Concrete washout water shall not be discharged to state surface waters or to storm sewer systems. On -site
permanent disposal of concrete washout waste is not authorized by this permit. Discharge to the ground of concrete
washout waste that will subsequently be disposed of oft -site is authorized by this permit. See Part I.D.S.c of the
permit.
c Bulk storage structures for petroleum products and any other chemicals shall have secondary containment or
equivalent adequate protection so as to contain all spills and prevent any spilled material from entering State waters.
di No chemicals are to be added to the discharge unless permission for the use of a specific chemical is granted by the
Division. In granting the use of such chemicals, special conditions and monitoring may be addressed by separate
correspondence.
e i The Division reserves the right to require sampling and testing, on a case -by -case basis, in the event that there is
reason to suspect that compliance with the SWMP is a problem, or to measure the effectiveness of the BMPs in
removing pollutants in the effluent. Such monitoring may, include Whole Effluent Toxicity testing.
MI site wastes must be properly managed to prevent potential pollution of State waters. This permit does not
authorize on -site waste disposal.
All dischargers must comply with the lawful requirements of federal agencies. municipalities, counties, drainage
districts and other local agencies regarding any discharges of stormwater to storm drain systems or other water
courses under their jurisdiction., including applicable requirements in municipal stormwater management programs
developed to comply with CDPS permits. Dischargers must comply with local stormwater management
requirements, policies or guidelines including erosion and sediment control.
MP Implementation and Design Standards
Facilities must select, install, implement, and maintain appropriate HMPs, following good engineering, hydrologic and
pollution control practices. l3MPs implemented at the site must be adequately designed to provide control for all potential
pollutant sources associated with construction activity to prevent pollution or degradation of State waters.
I
D. TERMS AND CONDITIONS (cont.)
3. Prohibition of ion-Stormwater Discharges
PART I
Penult .- Page 11
Permit No, COR-030000
a) Except as provided in paragraphs b, c, and d below, all discharges covered by this permit shall be composed
entirely of stormwater associated with construction activity. Discharges of material other than stormwater must
be addressed in a separate CDPS permit issued for that discharge.
b) Discharges from the following sources that are combined with stormwater discharges associated with construction
activity may be authorized by this permit, provided that the non-stormwater component of the discharge is identified
in the SWMP (see Part I.C.1.g of this permit):
- emergency fire fighting activities - landscape irrigation return flow
- uncontaminafed springs
c 1 Discharges to the ground of concrete washout water from washing of tools and concrete mixer chutes may be
authorized by this permit, provided that:
1) the source is identified led in the SWMP;
2) BMPs are included in the SWMP in accordance with Part l.C.3(e)(7) and to prevent pollution of groundwater in
violation of Part I.D.1.a: and
3) these discharges do not leave the site as surface runoff or to surface waters
Discharges to the ground of water from construction dewatering activities may be authorized by this permit.
provided that:
1) the source is groundwater and/or groundwater combined with stormwater that does not contain pollutants in
concentrations exceeding the State groundwater standards in Regulations 5 CCR 1002-41 and 42;
2) the source is identified in the SWMP;
3) BMPs are included in the S\VMP, as required by Part 1.C.3(c)(8); and
4) these discharges do not leave the site as surface runoff or to surface waters.
Discharges to the ground from construction dewatering activities that do not meet the above criteria mast be covered
under a separate CDPS discharge permit. Contaminated groundwater requiring coverage under a separate CDPS
discharge permit may include groundwater contaminated with pollutants from a landfill, mining activit\ , industrial
pollutant plume, underground storage tank, or other source.
4. Releases in Excess of Reportable Quantities
r
This permit does not relieve the permittee of the reporting requirements of 40 CPR 110.40 CFR 117 or 40 CFR 302. Any
discharge of hzardous material must be handled in accordance with the Division's Noncompliance Notification
Requirements (see Part [�1.A,3 of the permit).
S'U'MP Requirements
b)
WNW Preparation and Implementation: The SWIM shall be prepared prior to applying for coverage under the
general permit, and certification of its completion submitted with the application. The SWMP shall be implemented
prior to commencement of construction activities. The plan shall be updated as appropriate (see paragraph c,
below), below). SWMP provisions shall be implemented until expiration or inactivation of permit coverage.
SWMP Retention Requirements: A copy of the SWMP must be retained on site unless another location, specified
by the permittee, is approved by the Division.
SW MP Review/Changes: The permittee shall amend the SWN P:
1) when there is a change in design, construction, operation, or maintenance of the site, which would require the
implementation of new or revised BMPs; or
if the SUMP proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater
discharges associated with, construction activity; or
PART I
Permit - Page 12
Permit No. C OR -03 0000
D. TERMS AND CONDITIONS (cont.)
) when BMPs are no longer necessary and are removed.
SWMP changes shall he made prior to changes in the site conditions, except as allowed for in paragraph d, below.
SWMP revisions may include, but are not limited to: potential pollutant source identification; selection of
appropriate liMPs for site conditions; BMP maintenance procedures; and interim and final stabilization practices.
The SWMP changes may include a schedule for further BMP design and implementation, provided that, if any
interim l3MPs are needed to comply with the permit, they are also included in the SWMP and implemented during
the interim period.
d) Responsive SWMP Changes: SWMP changes addressing I3MP installation and/or implementation are often
required to be made in response to changing conditions, or when current BMPs are determined ineffective. The
majority of SWMP revisions to address these changes can be made immediately with quick in -the -field revisions to
the SWMP. In the less common scenario where more complex development of materials to modify the SWMP is
necessary, SWMP revisions shall be made in accordance with the following requirements:
1) the SWMP shall be revised as soon as practicable, but in no case more than 72 hours after the change(s) in
BMP installation and/or implementation occur at the site, and
a notationmust be included in the SWMP prior to the site change(s) that includes the time and date of the
change(s) in the field. an identification of the BMP(s) removed or added. and the location(S) of those BMP(s).
6. trespections
Site inspections must be conducted in accordance with the following requirements and minimum schedules. The required
minimum inspection schedules do not reduce or eliminate the permittee's responsibility to implement and maintain BMPs
in good and effective operational condition, and in accordance with the SWMP, which could require more frequent
inspections.
a s Minimum Inspection Schedule: The permittee shall, at a minimum, make a thorough inspection, in accordance
with the requirements in I.D.6.b below, at least once every 14 calendar days. Also, post -storm event inspections
must be conducted within 24 hours after the end of any precipitation or snowmelt event that causes surface erosion.
Provided the timing is appropriate, the post -storm inspections may be used to fulfill the 14 -day routine inspection
requirement. A more frequent inspection schedule thanthe minimum inspections described may be necessary, to
ensure that BMPs continue to operate as needed to comply with the permit. The following conditional modifications
to this Minimum Inspection Schedule are allowed:
1) Post-Storxi Event inspections at Temporarily Idle Sites — If no construction activities will occur following a
storm event, post -stone event inspections shall he conducted prior to re -commencing construction activities,
but no later than 72 hours following the storm event. The occurrence of any such delayed inspection must be
documented in the inspection record. Routine inspections still must be conducted at least every 14 calendar
days_
Inspections at Completed Sites/Areas — For sites or portions of sites that meet the following criteria, but final
stabilization has not been achieved due to a vegetative cover that has not become established, the permittee
shall make a thorough inspection of their stornnwater management system at least once every rnonthi and post -
storm event inspections are not required. This reduced inspection schedule is only allowed if:
i) all construction activities that will result in surface round disturbance are completed;
ii) all activities required for final stabilization, in accordance with the SWMP, have been completed with
the exception of the application of seed that has not occurred due to seasonal conditions or the necessity
for additional seed application to augment previous efforts: and
iii) the S WM P has been amended to indicate those areas that will be inspected in accordance with the
reduced schedule allowed for in this paragraph.
PARTI
Permit - Page 13
Permit No. OR -030000
D. TERMS AND CONDITIONS (cont.)
3) Winter Conditions Inspections Exclusion - Inspections are not required at sites where construction activities
arc temporarily halted, snow cover exists over the entire site for an extended period, and melting conditions
posing a risk of surface erosion do not exist. This exception is applicable only during the period where melting
conditions do not exist, and applies to the routine 14 -day and monthly inspections, as well as the postsstorm-
event inspections. The following information must be documented in the inspection record for use of this
exclusion: dates when snow cover occurred, date when construction activities ceased, and date melting
conditions began. Inspections, as described above, are required at all other times.
When site conditions make the schedule required in this section impractical, the pennittee may petition the Division
to grant an alternate inspection schedule.
t, ) Inspection Requirements
1) inspection Scope - The construction site perimeter, all disturbed areas, material and/or waste storage areas that
are exposed to precipitation, discharge locations, and locations where vehicles access the site shall be inspected
for evidence of, or the potential for, pollutants leaving the construction site boundaries, entering the stormwater
drainage system, or discharging to state waters. All erosion and sediment control practices identified in the
SWMP shall be evaluated to ensure that they are maintained and operating correctly.
2) Inspection Report/Records - The permittee shall keep a record of inspections. Inspection reports must
identify any incidents of non-compliance with the terms and conditions of this permit. Inspection records must
be retained for three years from expiration or inactivation of permit coverage. At a minimum, the inspection
report must include:
1) The inspection date;
ii) Names) and title(s) of personnel making the inspection;
iii) Location(s) of discharges of sediment or other pollutants from the site;
iv) Location(s) of BMPs that need to be maintained;
v) Locations) of .BMPs that failed to operate as designed or proved inadequate for a particular location;
vi) Location(s) where additional BMPs are needed that were not in place at the time of inspection;
vii) Deviations from the minimum inspection schedule as provided in Part LD.6.a above;
vii) Description of corrective action for items iii, iv, v, and vi, above, dates corrective action(s) taken, and
measures taken to prevent future violations, including requisite changes to the SWMP, as necessary; and
viii) After adequate corrective action(s) has been taken, or where a report does not identify any incidents
requiring corrective action, the report shall contain a signed statement indicating the site is in compliance
with the permit to the best of the signer's knowledge and belief.
Required Actions Following Site Inspections -- Where site inspections note the need for BMP maintenance
activities, BMPs must be maintained in accordance with the SWMP and Part L.D.7 of the permit. Repair,
replacement, or installation of new BMPs determined necessary during site inspections to address ineffective or
inadequate BMPs must be conducted in accordance with Part I.D.$ of the permit. SWMP updates required as a
result of deficiencies in the SWMP noted during site inspections shall be made in accordance with Part i.D.5.c of the
permit.
7 BMP Maintenance
All erosion and sediment control practices and other protective measures identified in the SWMP must be maintained in
effective operating condition. Proper selection and installation of BMPs and implementation of comprehensive Inspection
and Maintenance procedures, in accordance with the SWMP, should be adequate to meet this condition. BMPs that are not
adequately maintained in accordance with good engineering, hydrologic and pollution control practices, including removal
of collected sediment outside the acceptable tolerances or the LMPs, are considered to be no longer operating effectively
andmust be addressed in accordance with Part I.D.S, below. A specific timeline for implementing maintenance
procedures is not included in this permit because BMP maintenance is expected to be proactive,. not responsive.
Observations resulting in BMP maintenance activities can be made during a site inspection, or during general observations
of site conditions.
PART I
Permit -Page 14
Permit No. COR-030000
D. TERMS AND CONDITIONS (cont.)
8. Replacement and Failed 13INIPs
Adequate site assessment must be performed as part of comprehensive Inspection and Maintenance procedures, to assess
the adequacy of BMPs at the site, and the necessity of changes to those BMPs to ensure continued effective performance.
Where site assessment results in the determination that new or replacement BMPs are necessary, the BMPs must be
installed to ensure on -going implementation of BMPs as per Part I.D.2.
Where UMPs have failed. resulting in noncompliance with Part I.D.2, they must be addressed as soon as possible,
immediately in most cases. to minimize the discharge of pollutants.
9.
When new I3MPs are installed or BMPs are replaced, the SWMP must be updated in accordance with Part 1.115(c).
Reporting
No scheduled reporting requirements are included in this permit; however, the Division reserves the right to request that a
copy of the inspection reports be submitted_
10. SWMP Availability
A copy of the SWMP shall be provided upon request to the Division, EPA, or any local agency in charge of approving
sediment and erosion plans, grading plans or stormwater management plans, and within the time frame specified hi the
request. If the SWMP' is required to be submitted to any of these entities, it must include a signed certification in
accordance with Part 1.F. I of the permit, certifying that the SWMP is complete and meets all permit requirements.
All SWMPs required under this permit are considered reports that shall be available to the public under Section 308(,h) of
the CWA and Section 61.5(4) of the Colorado Discharge Permit System Regulations. The permittee shall make plans
available to members of the public upon request. However, the permittee may claim any portion of a SWMP as
confidential in accordance with 40 CFR Part 2.
11. Total Maximum (Daily Load (TMDL)
liea TMDL has been approved for any waterbody into which the permittee discharges, and stonnwatcr discharges
associated with construction activity have been assigned a pollutant -specific Waste load Allocation (WLA) under the
TMDL, the Division will either:
Ensure that the WLA is being implemented properly through alternative local requirements. suchas by a municipal
stormwater permit; or
b) Notify the permittee of the WLA, and amend the perrnittee's certification to add specific BMPs and/or other
requirements, as appropriate. The permittee may be required to do the following:
1) Under the pcnnittee's SWMP. implement specific management practices based on requirements of the WLA,
and evaluate whether the requirements are being met through implementation of existing stormwater BMPs or
if additional UMPs are necessary. Document the calculations or other evidence that show that the requirements
are expected to be met; and
If the evaluation shows that additional or modified BMPs are necessary. describe the type and schedule for the
f3 tP additions/revisions.
Discharge monitoring may also be required. The permittee may maintain coverage under the general permit provided they,
comply with the applicable requirements outlined above. The Division reserves the right to require individual or alternate
general permit coverage.
PART I
Permit - Page 15
Permit No. COR-0300 f)
ADDITIONAL DEFINITIONS
For the purposes of this permit:
1. Best Management Practices (BMPs): schedules of activities, prohibitions of practices, maintenance procedures, and
other management practices to prevent or reduce the pollution of waters of the State. BMPs also include treatment
requirements, operating procedures, pollution prevention, and practices to control site runoff, spillage or leaks, waste
disposal, or drainage from material storage.
2. Dedicated asphalt plants and concrete plants: portable asphalt plants and concrete plants that are locatedon or adjacent
to a construction site and that provide materials only to that specific construction site.
3. Final stabilization: when all ground surface disturbing activities at the site have been completed, and uniform vegetative
cover has been established with an individual plant density of at least 70 percent of pre -disturbance levels, or equivalent
permanent, physical erosion reduction methods have been employed. For purposes of this permit, establishment of a
vegetative cover capable of providing erosion control equivalent to pre-existing conditions at the site will be considered
final stabilization.
Municipal separate storm sewer system: a conveyance or system of conveyances (including: roads with drainage
systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains), owned or operated
by a State, city, town, county, district, or other public body (created by state law), having jurisdiction over disposal of
sewage, industrial waste, stormwater, or other wastes; designed or used for collecting or conveying stormwater.
Operator: the entity that has day-to-day supervision and control of activities occurring at the construction site. This can
be the owner, the developer, the general contractor or the agent of one of these parties, in some circumstances. It is
anticipated that at different phases of a construction project, different types of parties may satisfy the definition of
'operator' and that the permit may be transferred as the roles change.
Outfall: a point source at the point where stormwater leaves the construction site and discharges to a receiving water or a
stormwater collection system,
Part of a larger common plan of development or sale: a contiguous area where multiple separate and distinct
construction activities may be taking place at different times on different schedules.
. Point source: any discernible, confined and discrete conveyance from which pollutants are or may be discharged. Point
source discharges of stormwater result from structures which increase the imperviousness of the ground which acts to
collect runoff, with runoff being conveyed along the resulting drainage or grading pattern.
9. Pollutant: dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, chemical
waste, biological nutrient, biological material, radioactive material. heat, wrecked or discarded equipment, rock. sand, or
any industrial, municipal or agricultural waste.
11. Process water: any water which, during manufacturing or processing, comes into contact with or results from the
production of any raw material, intermediate product, finished product, by product or waste product This definition
includes mine drainage.
11. Receiving Water any classified stream segment (including tributaries) in the State of Colorado into which stormwater
related to construction activities discharges. This definition includes all water courses, even if they are usually dry, such as
borrow ditches, arroyos, and other unnamed waterways.
12. Significant Materials include, but are not limited to: raw materials; fuels; materials such as solvents, detergents, and
plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous
substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to
section 313 of title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the
potential to be released with storrnwater discharge.
13. Stormwater: precipitation -induced surface runoff.
PART I
Permit Page 16
Permit No. CO -0300 0
P. GENERAL REQUIREMENTS
Signatory Requirements
a All reports required for submittal shall be signed and certified for accuracy by the pernnittee in accordance with the
following criteria:
l l In the case of corporations, by a principal executive officer of at least the level of vice-president or his or her
duty] authorized representative, if such representative is responsible for the overall operation of the facility from
which the discharge described in the form originates:
2) l.n the case of a partnership, by a gerneral partner;
i ) In the case of a sole proprietorship, by the proprietor;
4) In the case of a municipal, state, or other public facility, by either a principal executive officer, ranking, elected
official, or other duly authorized employee, if such representative is responsible for the overall operation of the
facility from which the discharge described in the form originates.
Changes to authorization. If an authorization under paragraph a) of this section is no longer accurate because a
different individual or position has responsibility for the overall operation of the facility, a new authorization
satisfying the requirements of paragraph a) of this section must be submitted to the Division, prior to or together
with any reports, information, or applications to be signed by an authorized representative.
Certification. Any person signing a document under paragraph a) of this section shall make the following
certification:
°`I certify under penalty of law that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information. including the possibility of fine and imprisonment for knowing violations."
2. Retention of Records
a The permittee shall retain copies of the SWMP and all reports required by this permit and records of all data used to
complete the application to be covered by this permit, for three years after expiration or inactivation of permit
coverage.
The pennittee shall retain a copy of the SWMP required by this permit at the construction site from the date of
project initiation to the date of expiration or inactivation of permit coverage, unless another location, specified by
the permittce, is approved by the Division.
Monitoring
The Division reserves the right to require sampling and testing, on a case -by -case basis (see Part LD. l .e). for example to
implement the provisions of a TMDL (see Part 1.D.11 of the permit). Reporting procedures for any monitoring, data
collected will be included in the notification by the Division of monitoring requirements.
If monitoring is required, the following definitions apply!
al The thirty (30) day average shall he determined by the arithmetic mean of all samples collected during a thirty (30)
consecutive -day period.
b) A grab sample, for monitoring requirements. is a single "dip and take" sample.
PART II
A. MANAGEMENT REQUIREMENTS
I. Amending a Permit Certification
The permittee shall inform the Division (Permits Section) in writing of changes to the information provided in the permit
application, including the legal contact, the project legal description or map originally submitted with the application, or
the planned total disturbed acreage. The permittee shall furnish the Division with any plans and specifications which the
Division deems reasonably necessary to evaluate the effect on the discharge and receiving stream. If applicable, this
notification may be accomplished through submittal of an application for a CDPS process water permit authorizing the
discharge. The SWMP shall be updated and implemented prior to the changes (see Part I.D.5.c).
Any discharge to the waters of the State from a point source other than specifically authorized by this permit or a different
CDPS permit is prohibited.
1
Special Notifications - Definitions
a) Spill: An unintentional release of solid or liquid material which may cause pollution of state waters.
b) Upset: An exceptional incident in which there is unintentional and temporary noncompliance with permit discharge
limitations because of factors beyond the reasonable control of the permittee. An upset does not include
noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate
treatment facilities, lack of preventative maintenance, or careless or improper operation.
3. Noncompliance Notification
a ) The permittee shall report the following instances of noncompliance:
l ) Any noncompliance which may endanger health or the environment:
2) Any spill or discharge of hazardous substances or oil which may cause pollution of the waters of the state.
3) Any discharge of stormwater which may cause an exceedance of a water quality standard.
b) For all instances of noncompliance based on environmental hazards and chemical spills and releases, all needed
information must be provided orally to the Colorado Department of Public Health and Environment spill reporting
line (24 -hour number for environmental hazards and chemical spills and releases: 1-877-518-5608) within 24 hours
from the time the permittee becomes aware of the circumstances.
For all other instances of noncompliance as defined in this section, all needed information must be provided orally to
the Water Quality Control Division within 24 hours from the time the pe -mittec becomes aware of the
circumstances.
For all instances of noncompliance identified here, a written submission shall also be provided within 5 calendar
days of the time the permittee becomes aware of the circumstances. The written submission shall contain a
description of;
1) The noncompliance and its cause;
2) The period of noncompliance, including exact dates and times, and if the noncompliance has not been
corrected, the anticipated time it is expected to continue;
3) Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
MANAGEMENT REQUIREMENTS (cont.)
4_
Submission of Incorrect or Incomplete Information
Where the permittee failed to submit any relevant facts in a permit application, or submitted incorrect information in a
permit application or report to the Division, or relevant neu information becomes available, the perrnittee shall promptly
submit the relevant application information which was not submitted or any additional information needed to correct any
erroneous information previously submitted.
thyass
}A bypass, which causes effluent limitations (i.e., requirements to implement BMPs in accordance with Parts I.B.3
and I.1.2 of the permit) to be exceeded is prohibited, and the Division may take enforcement action against a
permittee for such a bypass. unless:
1) Bypass was unavoidable to prevent loss of life. personal injury, or severe property damage;
There were no feasible alternatives to the bypass. such as the use of auxiliary treatment facilities (e.g..
alternative 13MPs), retention of untreated wastes, or maintenance during normal periods of equipment
downtime. This condition is not satisfied if the permittee could have installed adequate backup equipment (e.g.,
implemented additional BMPs) to prevent a bypass which occurred during normal periods of equipment
downtime or preventative maintenance; and
3'1 The permittee submitted notices as required in "Non -Compliance Notification," Part .It.A.3.
6. i.1 Sets
a) Effect of an Upset: An upset constitutes an affirmative defense to an action brought for noncompliance with permit
limitations and requirements if the requirements of paragraph h of this section are met. (No determination made
during administrative review of claims that noncompliance was caused by upset, and before an action for
noncompliance, is final administrative action subject to judicial review.)
b) Conditions Necessary for a Demonstration of Upset: A permittee who wishes to establish the affirmative defense
of upset shall demonstrate through properly sued contemporaneous operating logs, or other relevant evidence that:
1) An upset occurred and that the permittee can identify the specific causes) orthe upset,
2) The permitted facility was at the time being properly operated;
3) The permittee submitted notice of the upset as required in Part II.A.3. of this permit (24 -hour notice); and
4) The permittee complied with any remedial measures required under 40 CFR Section 122.41(d) of the federal
regulations or Section 61.8(3)(h) of the Colorado Discharge Permit System Regulations.
Burden of Proof: In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has
the burden of proof.
7 Removed Substances
Solids, sludges, or other pollutants removed in the course of treatment or control of discharges shall be properly disposed
of in a manner such as to prevent any pollutant from such materials from entering waters of the State.
Minimization of Adverse Impact
`he permittee shall take all reasonable steps to minimize any adverse impact to waters of the State resulting from
noncompliance with any terms and conditions specified in this permit, including such accelerated or additional monitoring
as necessary to determine the nature and impact of the noncomplying discharge.
MANAGEMENT REQUIREMENTS (coat.)
9. Reduction, Loss, or Failure of Stormwater Controls
The permittee has the duty to halt or reduce any activity if necessary to maintain compliance with the permit requirements.
Upon reduction, loss, or failure of any stormwater controls, the permittee shall, to the extent necessary to maintain
compliance with its permit, control production, or remove all pollutant sources from exposure to stormwater, or both, until
the storrnwater controls are restored or an alternative method of treatment/control is provided.
It shall not be a defense for a permittee in an enforcement action that it would be necessary to halt or reduce the permitted
activity in order to maintain compliance with the conditions of this permit.
1 0. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and
related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this
permit. Proper operation and maintenance includes effective pertbrmance, adequate funding, adequate operator staffing
and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This
provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve
compliance with the conditions of the permit.
13 RESPONSIBILITIES
inspections and Right to Entry
The permittee shall allow the Director of the State Water Quality Control Division, the EPA Regional Administrator,
and/or their authorized representative(s), upon the presentation of credentials:
a) To enter upon the permittee's premises where a regulated facility or activity is located or in which any records are
required to be kept under the terms and conditions of this permit;
At reasonable times to have access to and copy any records required to be kept under the terms and conditions of
this permit and to inspect any monitoring equipment or monitoring method required in the permit; and
To enter upon the permittee's premises to investigate, within reason, any actual, suspected, or potential source of
water pollution, or any violation of the Colorado Water Quality Control Act. The investigation may include, but is
not limited to, the following: sampling of any discharge and/or process waters, the taking of photographs,
interviewing permittee staff on alleged violations and other matters related to the permit, and access to any and all
facilities or areas within the perrnittee's premises that may have any effect on the discharge, permit, or any alleged
violation.
1 Duty to Provide In formation
The permittee shall furnish to the Division, within the time frame specified by the Division, any information which the
Division may request to determine whether cause exists for modifying, revoking and reissuing, or inactivating coverage
under this permit, or to determine compliance with this permit. The permittee shall also furnish to the Division, upon
request. copies of records required to be kept by this permit.
Transfer of Ownership or Control
Certification under this permit may be transferred to a new permittee if:
{ ) The current permittee notifies the Division in writing when the transfer is desired as outlined in Part I.A.: and
b) The notice includes a written agreement between the existing and new permittees containing a specific date for
transfer of permit responsibility, coverage and liability between them; and
The current permittee has met all fee requirements of the Colorado Discharge Pea n it System Regulations, Section
61.15.
13. RESPONSIBILITIES (cont.)
4. Modification. Suspension, or Revocation of Permit By Division
All permit modification, inactivation or revocation and reissuance actions shall be subject to the requirements of the
Colorado Discharge Permit System Regulations. Sections 61.5(2), 61..5(3), 61.7 and 61.15. 5 C.C.R. 1002-61, except for
minor modifications,
) This permit, anchor certification under this permit, may be modified, suspended, or revoked in whole or in part
during its term for reasons determined by the Division including, but not limited to, the following:
I ) Violation of any terms or conditions of the permit;
Obtaining a permit by misrepresentation or failing to disclose any fact which is material to the granting or
denial of a permit or to the establishment of terms or conditions of the permit;
3) Materially false or inaccurate statements or information in the application for the permit;
4) Promulgation of toxic effluent standards or prohibitions (including any schedule of compliance specified in
such effluentstandard or prohibition) which are established under Section 307 of the Clean Water Act, where
such a toxic pollutant is present in the discharge and such standard or prohibition is more stringent than any
limitation for such pollutant in this permit.
This permit, and/or certification under this permit, may be modified in whole or in part due to a change in any
condition that requires either a temporary or permanent reduction or elimination of the permitted discharge, such as:
I ) Promulgation of Water Quality Standards applicable to waters affected by the permitted discharge; or
e
2) affluent limitations or other requirements applicable pursuant to the State Act or federal requirements; or
Control regulations promulgated; or
4) Other available information indicates a potential for violation of adopted Water Quality Standards or stream
classifications.
c) This permit, or certification under this permit, may be modified in whole or in part to include new effluent
limitations and other appropriate permit conditions where data submitted pursuant to Part I indicate that such
effluent limitations and permit conditions are necessary to ensure compliance with applicable water quality
standards and protection of classified uses.
d) At the request of the permitter, the Division may modify or inactivate certification under this permitif the following
conditions are met:
I) .hn the case of inactivation, the permittee notifies the Division of its intent to inactivate the certification, and
certifies that the site has been finally stabilized;
2) In the case of inactivation, the permittee has ceased any and all discharges to state waters and demonstrates to
the Division there is no probability of further uncontrolled discharge(s) which may affect waters of the State.
) The Division finds that the permittee has shown reasonable grounds consistent with the Federal and. State
statutes and regulations for such modification, amendment or inactivation;
4) Fee requirements of Section 61.15 of the Colorado Discharge Permit System Regulations have been met; and
5) Applicable requirements of public notice have been met.
For small construction sites covered by a Qualifying Local Program, coverage under this permit is automatically
terminated when a site has been finally stabilized.
RESPONSIBILITIES (cant)
c. Permit Violations
4
Failure to comply with any terms and/or conditions of this permit shall be a 'violation of this permit.
Dischargers of stormwater associated with industrial activity, as defined in the EPA Stomiwater Regulation (40 CFR
122•26(b)414) and Section 61.3(2) of the Colorado Discharge Permit System Regulations, which do not obtaincoverage
under this or other Colorado general permits, or tinder an. individual COPS permit regulating industrial stormwater, will be
in violation of the federal Clean Water Act and the Colorado Water Quality Control Act, 25_S-101, as amended. Failure to
comply with CDPS permit requirements will also constitute a violation.
6. Legal Responsibilities
The issuance of this permit does not convey any property or water rights in either realor personal property, or stream
flows, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights,
nor any infringement of Federal, State or local laws or regulations.
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any
responsibilities, liabilities, or penalties established pursuant to any applicable State law or regulation under authority
granted by Section 510 of the Clean Water Act.
Severability
The provisions of this permit are severable. If any provisions of this permit, or the application of any provision of this
permit to any circumstance, are held invalid, the application of such provision to other circumstances and the application of
the remainder of this permit shall not be affected.
°. Renewal Application
If the permittee desires to continue to discharge, a permit renewal application shall be submitted at least ninety (90) days
before this permit expires. if the permittee anticipates that there will be no discharge after the expiration date of this
permit, the Division should be promptly notified so that it can inactivate the certification in accordance with Part. Ii..4.d
Confidentiality
Except for data determined to be confidential under Section 308 of the Federal Clean Water Act and Colorado Discharge
Permit System Regulations, Section 61.5(4), all reports prepared in accordance with the terms of this permit shall be
available for public inspection at the offices of the Division. The permittee must state what is confidential at the time of
submittal.
Any information relating to any secret process, method of manufacture or production, or sales or marketing data which has
been declared confidential by the pe.ittee, and which may be acquired. ascertained, or discovered, whether in any
sampling investigation, emergency investigation, or otherwise, shall not be publicly disclosed by any member, officer, or
employee of the Commission or the Division, but shall be kept confidential. Any person seeking to invoke the protection
of this section shall bear the burden of proving its applicability. This section shall never be interpreted as preventing full
disclosure of effluent data.
1 0. Fees
The permittee is required to submit payment of an annual fee as set forth in the Water Quality Control Act. Failure to
submitthe required fee when due and payable is a violation of the permit and will result in enforcement action pursuant to
Section 5-8-601 a seq., C.R,S. 1973 as amended.
B. RESPONSIBILITIES (cont.)
11. Requiring an Individual CDPS Permit
The Director may require the pennittee to apply for and obtain an individual or alternate general CDPS permit if:
a) The discharger is not in compliance with the conditions of this general permit;
b) Conditions or standards have changed so that the discharge no longer qualifies for a general permit; or
c) Data/information become available which indicate water quality standards may be violated.
The permittee must be notified in writing that an application for an individual or alternate general CDI'S permit is required.
When an individual or alternate general COPS permit is issued to an operator otherwise covered under this general permit.
the applicability of this general permit to that operator is automatically inactivated upon the effective date of the individual
or alternate general CDPS permit.
Water Quality Control Division
WQCD-P-B2
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530
RATIONALE
STORM WA TER DISCHARGES ASSOCIATED WITH
CONSTRUCTION ACTIVITY
GENERAL PERMIT IN COLORADO
THIRD RENEWAL
COLORADO DISCHARGE PERMIT NUMBER COR-030000
CONTENTS PAGE
Introduction
IL Changes in this General Permit
III. Background
IV. Stormwater Discharges Associated with
Construction Activity
r
V. Coverage Under this Permit
Application and Certification
II, Qzia1(/$'ing Local Programs
VIII. Terms and Conditions of Permit
IX. Public Notice —12/22/06
X Public Notice— 3/23/0.7
IINTRODUCTION
ON
1
1
9
10
I �1
11
11
15
15
This permit is for the regulation o' fstorrn water runo, f, f :from construction activities, and specific allowable non-
stormwater discharges in accordance with Part I D.3 of the permit. The term "construction activity" includes
ground surface disturbing activities, including, but not limited to, clearing, grading, excavation, demolition,
installation of new or improved haul and access roads, staging areas, stockpiling of f)1! materials, and borrow
areas. "Stormwater" .is precipitation -induced sae runoff This rationale ill explain the background of the
Stormwater program, activities which are covered under this permit, how to apply for coverage under this permit,
and the requirements of this permit.
The forms discussed in the rationale and permit are available on the Water Quality Control Division's website
at: y t T i � y+�C' �j i c a state. co. �i sljf $q : Permits l nit
If. CHANGES IN THIS GENERAL PERMIT
Several notable changesfrom om the previous General Permit fir Construction Activities have been incorporated into
this permit Sign jiicant changes are listed below. Numerous other minor changes were made _Mr clarification
p i rrposes on1 `�.
A. At iturity to Descharae
This section has been restructured to list all qf the tjpes of activities covered by this permit, and to he
constistent with the definition qf "construction activ ty. " The definition of construction activity has been
expanded to provide clarification. See Part LA.] °ithe permit
PART 11
Permit - Page 24
Permit No. COR-030000
IL CHANGES IN THIS GENERAL PERMIT (cont.)
B. Authority to Dischartze --- Oil and Gas Construction
This section has been added, to takeinto account a regulatory change. The federal Energy Polk)' Act of
2005 exempts nearly rll oil and gas construction activities from federal requirements under the Clean Water
Act's NPDES stormwater discharge permit program. In January 2006, the Colorado Water Quality Control
C'Onitn Lv s ion held a hearing to determine what effects, ?fatly, the change in federal law would have upon
Colorado's stormwater regulations. The Commission determined that oil and gas construction sites in
Colorado that disturb one or more acres are still required to be covered under Colorado's storrnwater
permitting regulations (Colorado Discharge Permit System (CDPS) regulations (5CCR 1002-661)). In
practice, oil and gas construction sites have the same requirements tinder this permit as do other types o� f
construction. However, this permit contains some references to the, federal Clean Water Act; generally these
references are not applicable to oil and gas construction sites to the extent that the references are limited by
the federal Energy Policy Act of 2005. See Part I.A.1(b) of the permit.
C Application Requirements
The permit application requirements have changed slightly, including the addition of an email address,
available. See Part I.A.4 j7 4.
The applicant must be either the owner and/or operator of the construction site. An operator at a
construction site that is not covered by a certification held by an appropriate entity may be held liable. for
operating without the necessary permit coverage.
D. Temporary Coverage
Part LA.5(d) of the previous permit (ctive.July 1, 002,) dealt with temporarily covering aftwilioes under
the general permit even if an individual permit is more appropriate. This permit section essenitally
duplicated the previous section (see Part LA.5 ftW), and so it has been deleted..
E. Reassignment of Permit Coveraae
Procedures have been added to dart the requirements for the transfer of coverage ofspecific rcportions of a
permitted site to a second party. See Section VIILL3 of the rationale and Part L.' of the permit,
F. Individual Permit Criteria
This section has been modified to include situations involving a Total Maximum Daily Load (T DL). See
Part 1.,x..11 of the permit.
G. Stormwater Management Plan (SWMP)
The Stormwater Management Plan section has been divided into two parts: Stormwater Management Plan
(S1M~P) — General Requirements, which provides the basic framework and general requirements for the
SWMP, and Stormwater Management Plan (SWMP) — Contents, which specifically identifies each item that
must be addressed in the SWAP. See Parts I.B and LC of the permit.
Stormwater Management Plan .(S . IP) — General Requirements
The SWMP General Requirements section has been mod f led to require that the SWMP be updated in
accordance with Parts ]D.5(c) and 1.D.S4/) of the permit (SWMP Review/Changes). This additional
requirement ensures that the SWMP provisions reflect current site conditions. See Part 18.20 of Me
perun it
PART H
Permit - Page 25
Permit No. COR-03 0000
II. CHANGES IN THIS GENERAL PERMIT (cont.)
I Storrnwater Management Plan (SWMP) — contents
The SWMP Contents section has been modified, Some of the changes are limited to organization of
information, which does not require modification of an existing permilttee :s current SWMP. Most of the
SWMP changes involve either clarifications, ications, reformatting or taking recommendations from the Division s
SWMP guide and making them permit requirements (e,g,, vehicle tracking controls, Bile installation
specifications). If an existing perinittee Re., those with permit coverage before June 30, 2007) followed the
recommendations in the SWMP guide (Appendix A of/he permit application), then their SWMP will
presumably meet the new requirements. However, for any existing permittees who did not follow the
applicable SWMP guide recommendations, their SMWP must be amended to include the new required items:
-SWMP Administrator
-Identification ofpotential pollutant sources
-Best Management Practices descriptions and installation specifications, including dedicated concrete or
asphalt batch plants, vehicle tracking control: and waste management and disposal (including concrete
vashovt activities).
For existing permittees, any SWAP changes based on the change in permit requirements must be completed
kv October 1, 2007. The plan is not to be submitted to the Division unless requested. but must be available
on site as outlined in Part I.D. 5(h) of the permit.
The BMP requirement clarifications' included in this renewed permit in no way imply that adequate BMPs to
address all pollutant sources at a permitted site were not required in previous permits. The revised
requirements are intended only to better claim' SWMP content requirements and provide improved direction
to permittees.
The e S T AMP changes are listed below. All new applicants (after June 30, 2 07) .far permit coverage for their
sites rnusC f ully comply with the new SWMP organization. plan requirements, and implementation.
I. Site Description: The requirement to provide an estimate of the run -off -coefficient has been removed.
The run-off coefficient jcient as currently utilized in the SWAP may not contribute sz jff tciently to permit
compliance toy fustjr the effort in determining accurate values. See Part l e1 of the permit However,
the Division still encourages use of the coefficient as needed to adequately evaluate site -specific BMP
selection and design criteria (e.g., pond capacities, BillP location. etc) See Section C.2 of the SW/VIP
guidance (Appendix A of the permit application).
Site Map: The requirement to Menta & boundaries of the 100 year flood plain has been removed. The
boundaries as currently utilized in the SWAP may not contribute sufficiently to permit compliance to
just jfy the of f Fort in determining their location. See Part I.C2 : ? of the permit.
3. Storm►vaater Management CTontro►Ic: This section has been modified to require idenat f a?c ation o� f a
SWMP Administrator and potential pollutants sources in the S£P. See Part I. C.3 of the permit.
a) The SWMP Administrator is a specific individual(s), position or title who is responsible. for the
process of developing, implementing, maintaining, and revising the SWAf1P. This individual
serves as the comprehensive point o, f contact for alai aspects of the fthcil a±ty is SWMP. This
requirement may necessitate changes to existing permittees' SWMPs. Ps.
PART II
Permit - Page 26
Permit No. COR-030000
IL CHANGES IN THIS GENERAL PERMIT (cant.)
I)) The requirement to identi j r Potential Pollutant Sources has been expanded to include more
details ,fin' the evaluation o f such sources. This evaluation allows for the appropriate selection
of BMPs fir implementation at a facility or site. Additionally, this section was added to be
consistent with the SWMP guide. This requirement may necessitate changes to existing
permittees' SWMPS.
Best Management Practices (BMPs) for Storm water Pollution Prevention: This section was
mod( f ied to require the following items to be addressed in the SAP. These requirements
may necessitate changes to existing per,nittees' SWSIP.s. This section also requires that the
STAMP provide installation and implementation specifications for each BMP identified in the
SWMP. For structural BMPs, in most cases, this must include a technical drawing to provide
adequate installation specifications. See Part I. , 3(c).
i) Dedicated concrete or asphalt batch plants. This section requires that the practices used to
reduce the pollutants in stormwater discharges associated with dedicated concrete or
asphalt batch plants be identified in the SWMP. (Coverage under the construction site
SWMP and permit is not required for batch plants if they have alternate CDFS permit
coverage.)
ii) vehicle tracking control. This section requires that practices be implemented to control
sediment from vehicle tracking, and that ►ll such practices implemented at the site be
clearly described in the SWMP.
iii Waste management and disposal. This section requires that the practices implemented at
the site to control stormwater pollution from construction site waste, including concrete
wvwchout activities, be clearly described in the SWMP. It also requires that concrete
washout activities be conducted in a manner that does not contribute pollutants .to surface
waters or stormwater runoff
iv) Concrete Washout Water. Part I.f 3(c) of the permit has been revised to conditionally
authorize discharges to the ground of concrete wash water from washing of `tools and
concrete mixer chutes when appropriate BMPs are implemented. The permit prohibits the
discharge of concrete washout water to sur: f •ace waters and to storm sewer systems. Part
L C•.,3(c)(7) of the permit requires that BMPs be in place to prevent surface discharges of
concrete washout water from the site.
The use of unlined pits to contain concrete washout water is a common practice in
Colorado. The Division has further evaluated the need for a permit for discharge of
concrete washout water to the ground. The Division has determined that the use a f
appropriate BMPs for on -site washing of tools and concrete mixer chutes would prevent
cuw significant discharge to groundwater. BMPs to protect groundwater are required by
Part L C. 3(c) (7) of the permit. Because pH is a pollutant of concern, f br• washout activities,
the soil must have adequate buffering capacity-, to result in protection of the groundwater
standard, or a liner/containment must be used. The following management practices are
recommended to prevent an impactfrom unlined pits to groundwater:
(I) the use o f the washout site should be temporary (less than l yew), and
() the washout site should he not be located in an area where shallow groundwater may
be present, such as near natural drainages, .springs, or wetlands.
PART It
Permit - Page 27
Permit No. C OR --0 3 0000
if CHANGES IN THIS St GE ERA L PERMIT front)
Where adequate management practices are notfbllowed to protect groundwater quality.
the .Department may require discharges to unlined pits to cease, or require the entity to
obtain alternate regulatory approval through notice from either the Water Quality Control
Division or the Hazardous Materials and Waste Management Division.
In addition, Pan 1. D.1 fib) of the permit has been revised to clearly state that the permit
does not authorize on -site permanent disposal of concrete washout waste, only temporary
containment of concrete washout water from washing of tools and concrete Mini' chutes.
Upon termination of use of the washout site, accumulated solid waste, including concrete
waste and any contaminated soils, must be removed from the site to prevent on -site
disposal oftsolid waste.
Construction .Dewatering, Part I D. 3 (d) of the permit has been revised to conditionally
authorize discharges to the ground of water from construction dewatering activities when
appropriate BMPs are implemented. The permit does not authorize the discharge of
groundwater from construction dewatering to surface waters or to storm sewer systems.
Part 1. C.3(c)S,) of the permit requires that BMPs be in place to prevent snt face discharges.
The perrnittee may apply for coverage under a separate CDPS discharge permit .: such as
the Construction Dewatering general permit, if there is a potential fcar discharges to
surface waters.
The Division has determined that potential pollutant sources introduced into groundwater
from construction dewatering operations do not have a reasonable potential to result in
exceedance of groundwater standards when the discharge is to the ground. The primary
pollutant ("concern in uncontaminated groundwater is sediment. Although technology -
based standards for sediment do exist in 5 CCR 1002-41, the discharge of sediment to the
ground as part of construction dewatering does not have the reasonable potential so result
in transport of sediment to the groundwater table so as to result in an exceedance of those
standards.
For a discharge of water contaminated with other pollutants that are present in
concentrations that may cause an exceedance ofgroundwater standards, separate CDPS
discharge permit coverage is required. Contaminated groundwater may include that
contatnincited with pollutants from a landfill, mining activity, industrial pollutant plume,
underground storage tank, or other source of human -induced groundwater pollution and
exceeding the State groundwater. standards in Regulations 5 CCR 1002•41 and 42.
`. Teats and Conditions, General Limitations and Design Standards
This section reiterates the requirement thatfacilities select, install, implement, and maintain appropriate
BMPs, following good engineering, hydrologic and pollution control practices. In addition, requirements
for protection of water quality, standards (see Part I. D.1. (a) qf the permit) and requirements to adequately
design B1l.Ps to prevent pollution or degradation of Stale waters (see Part 1.D.2 of the permit) have been
revised and are fully discussed in Part NB of the rationale, below. Additional language was also added to
Section II.B of the rationale f irtlacr clarifring the expectations for compliance with this permit.
1. Management of Site Waste
This section has been modified to clarift that on -site waste must be properly managed to prevent
potential pollution of State waters, and that this permit does not authorize on -site waste disposal.
osal.
Solid waste disposal is regulated by the Hazardous Materials and Waste Management Division.
PART 11
Permit - Page 28
Permit No. COR-030000
H. CHANGES IN THIS GENERAL PERMIT (cont.)
K. Terms and Conditions. SW/vIP Requirements
1. SWMP Review/Changes-: This section now requires that when changes are made to site conditions,
the SWMP must be revised immediately, except. for some BMP description changes which
conditionally may occur within 72 hours. This requirement is included to both ensure that the SWMP
be kept accurate and up -to --date, and to clari, that stormwater management at a site typically should
be proactive instead of responsive, and be integrated into site management to ensure it is calibrated
with those changes. The section was also clarified to state that only changes in site conditions that do
not require new or modified BMPs do not need to be addressed in the SWMP. See Part 1.D.5(c) of the
permit.
1
SWMP Certification: The previous permit was unclear on a requirement that the copy ((SWAP MP that
remains at the ffacility had to be signed in accordance with permit signatory requirements. This
requirement has been deleted. The signatory requirement of Part I. F'.1 only applies to the SWMP flit
is to be submitted to the Division or to EPA. See Part I. F'.1 of the permit.
L. Terms and Conditions, Post-Storin Inspections
The previous permit required post -storm inspections, but did not specjr the timing of inspections. This
section now requires that post -storm event inspections generally be conducted within 24 hours qf the event
An alternative timeline has been allowed, only for sites where there are no construction activities occurring
following a storm event. For this condition, post -storm event inspections shall instead be conducted prior to
commencing construction activities, but no later than 72 hours f bllowing the storm event, and the delay
noted in the inspection report.
Any exception;f rom the minimum inspection schedule is temporary, and does not eliminate the requirement
to Tier. f `arm routine maintenance due to the effects qf a storm event, including maintaining vehicle tracking
controls and removing sedimentf om impervious areas. In many cases, maintenance needs' will require a
more, frequent inspection schedule than the minimum inspections required in the permit, to ensure that BMPs
continue to operate as needed to comply with the permit See Part I. D. 6(d) of the permit.
Terms and Condition; Inspections
The Winter conditions Inspection Exclusion section has been modied to include documentation
requirements for this exclusions See Part I. D. 6(a) o f 'the permit The Inspection Scope has been
modh red to include the requirement to inspect waste storage areas during inspections conducted in
accordance with the permit= See Part 1`.,1.x.6(b) of the permit..
The requirements for sites to qualifj'for reduced inspection frequencies for completed sites have been
slightly modified (see Part I.D.6(a)(2) of the permit,), The requirement now is that only construction
activities that disturb the ground surface must be completed. Construction activities that can be
conducted without disturbance cif the ground surface: _fbr example, interior building construction, and
some oil well activities, would not prohibit a site from otherwise qualifringJbr the reduced inspection
frequency. In additions the requirement, for the site to be prepared for final stabilization has been
slightly modified to allow Jar sites that have not yet been seeded to qualfft, as long as the site has
otherwise been preparedjbr final stabilization, including completion of appropriate soil preparation,
amendments and stabilization practice. This will allow for sites with seasonal seeding limitations or
where additional seed application may be needed in the future to still qual fy
PART .1
Permit w Page 29
Permit No. COR-03 00 :0()
IL CHANGES IN THIS GENERAL PERMIT (cont.)
3. The Inspection Report/Records section (Part 1'.I.6(b)(2)) was added to clarify requirements for
inspection reports generated during an inspection conducted in accordance with Part I.D.6 of the
permit. Inspection reports must besigned by, the inspector, or the individual veri°ing the corrective
action indicated in the inspection report, on behalf of the permittee. Inspection reports are not
t'pically required to be submitted to the Division, and therefore, are not required to be signed and
certfied for accuracy in accordance with Part I.E1 1 of the permit However, any inspection reports
that are submitted to the Division trust follow the signatory requirements contained in that section.
N. Terms and Conditions, Maintenance, Repair, and Replacement of f Control Practices
These sections have been added to clar f it requirements for maintaining the BMPs identified in the SWMP
and fir addressing ineffective ore ailed BMPs. BMP maintenance and site assessment to determine the
overall adequacy of stormwater; quality management at the site must occur proactively, in order to ensure
adequate control of pollutant sources at the site. In most casts, i BMPs are already not operating
effectively, or have failed, the issue must he addressed immediately, to prevent discharge ofpollutants. See
Pans I.D. 7 and I.D.8 of the permit.
O. Total Maximum Daily Load (T DL)
A section on TMDLs has been added. This section gives a general outline of the additional requirements
that may be imposed by the Division ifthe facility discharges to a waterbodv for which a storrnwater-related
Milt is in place. See Section VI/LC of the rationale and Part 1..x.11 of the permit.
P. Additional Definitions
Part LE of 'the permit has been modified to remove the definition of runoff f f coefficient, as it is no longer a
permit requirement. The reef initionjor state waters has also been deleted, but can be ftrund in Regulation 61
0.
Changes in Discharge
The section on the types o, f discharge or -facility changes that necessitate Division notification has been
clarified. See Part ILA. I of the permit.
P. Non -Compliance Notification
The section on notification to the Division regarding instances of non-compliance has been amended to
clari v which types of noncompliance require notification. See Part 11.4.3 of the permit.
S. Short Term ccrt"f ication s
The previous permit allowed small ,short-term construction activities to be authorized for a predetermined
period from 3 to 12 months, and then automatically expire (an inactivation request did not need to be
submitted). The issuance of these certifications has led to significant confusion and incidents of
noncompliance resulting from pennittees unintentionally letting their certifications f ications expire prior to final
stabilization, as well as issues regarding billing. Therefore, the provisions for short -teen certifications have
been deleted.
Bypass
The Division has revised the Bypass conditions in Pan I1.A.5 of the permit to be consistent with the
requirements of Regulation 61.8(3)0). The revised language addresses under what rare occurrences BMPs
may be bypassed at a site.
PART [1
Permit - Page 30
Permit No. COR-030000
III. BACKGROUND
As required under the Clean Water Act amendments of 1987, the Environmental Protection Agency (EPA) has
established arframework for regulating municipal and industrial stormwater discharges. This+framework is under
the National Pollutant Discharge Elimination System (NPDES) program (Note: The Colorado program is
referred to as the Colorado Discharge Permit System, or CDPS, instead of NPDES) The Water Quality Control
Division ("the Division'2 has stormwater regulations (5CCR 100-6I) in place. These regulations require specific
types of industrial the l ities that discharge stormwater associated with industrial activity (industrial stormwater),
to obtain a CDPS permit for such discharge. The regulations specifically include construction activities that
disturb one acre of/and or more as industrial ffacilities. Construction activities that are part ofa larger common
plan qf development which disturb one acre or more over a period of time are also included.
A. General Permits
The Division has determined that the use ofgeneral general permits is the appropriate procedure ffor handling most
o, f the thousands of industrial stormwater applications within the State.
Permit Req uirem ents
This permit does not impose numeric effluent limits or require submission of effluent monitoring data in the
permit application or in the permit itself: The permit instead imposes practice -based effluent limitations ffor
stormwater discharges through the requirement to develop and implement a Stormwater Management Plan
(SWMP). The narrative permit requirements include prohibitions against discharges of non-stormwater
(ag. , process water)_ See Part I. D. 3 of itlhe permit.
The permit conditions for the SWMP include the requirement for dischargers to select, implement and
maintain Best Management Practices (B.Ps) at a permitted construction site that adequately minimize
pollutants in the discharges to assure compliance with the terms and conditions of the permit. Part I.D. 2 of
the permit includes basic design standards for .&VIPs implemented at the site. Facilities must select, install,
implement, and maintain appropriate BMPs, following good engineering, hydrologic and pollution control
practices. .BMPs implemented at the site must he adequately designed to control all potential pollutant
sources associated with construction activity to prevent pollution or degradation of State waters. Pollution
is defined in CDPS regulations (SCCR 100241) as man-made or man --induced, or natural alteration of the
physical, chemical, biological, and radiological integrity of water. Utilizing Indust' -accepted standardsfor
BMP selection that are appropriate for the conditions and pollutant sources present will typically be
adequate to meet these criteria, since construction BMPs are intended to prevent the discharge of gill hut
minimal amounts gf sediment or other pollutants that would not result in actual pollution of State waters. as
defined above. However. site -speck design, including ongoing assessment of BMPs and pollutant sources,
is necessary to ensure that BMPs operate as intended
The permit thither requires that stormwater discharges, from construction activities shall not cause, have the
reasonable potential to cause, or measurably contribute to an excursion above any water quality standard,
including narrative standards f or- water quality. This condition is the basis, for alit CDPS Discharge permits,
and addresses the need to ensure that waters of the State maintain adequate water quality, in accordance
with water quality standards, to continue to meet their designated uses. It is believed that, in most cases,
PI IP.. can be adequate to meet applicable water quality standards. If water quality impacts are noted, or
the Division otherwise determines that additional permit requirements are necessa, they are typically
imposed as follows: at the renewal of this general permit or through a general permit specific to an
industrial sector (the issue is sector -based); 2) through direction, from the Division based on the
implementation of a TMDL ('f the issue is watershed -based) or 3) 'if the issue is site -specific, through a
revision to the certification from the Division based on an inspection or SWMP review, or through an
individual permit.
PART II
Permit - Page 3 I
Permit No. COR. 03000()
11. BACKGROUND (cont.)
Some construction sites may be required to comply with a Qua! jf ring Local Program in place of meeting
several offthe specific requirements in this permit Sites covered by a QualzjWng Local Program may not he
required to submit can application for coverage or a notice of inactivation and may tot be required to pay the
Division's annual fee. See Section VII of `the rationale.
C Violations/Penalties
Dischargers of stormwater associated with industrial attiviG; as defined in the CDPS regulations (5CC!
1002-61), that do not obtain coverage under this or other Colorado general permits, or under an individual
CDPS permit regulating industrial stormwater, wirl be in violation of the Federal Clean Water Act and the
Colorado Water Qua/lit Control Act, 25-8.101. For facilities covered under a CDPS permit, failure to
comply with any CDPS permit requirement constitutes a violation. As of the time of permit issuance, civil
penalties . f hr violations o f the Act or CDPS permit requirements may be up to $10,000 per day, and criminal
pollution of state waters is punishable kvflnes qf up to $25,000 per day.
IV STORMWA TER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY
The stortmater regulations (CDPS regulations (ICCR 100241).), require that stormwater discharges associated
with certain industrial activities be covered under the permit program. Construction activity that disturbs one
acre or more during the life of the project is specifically included in the listed industrial activities. This permit is
intended to cover most stormwater discharges, from construction facilities required by State regulation to obtain a
permit
A. Construction Activin.,
Construction activity includes round surface disturbing activities including, but not limited to, clearing,
grading, excavation, demolition, installation a f `new or improved haul and access roads, staging areas,
stockpiling o, f. fill materials, and dedicated borrow/fill areas. Construction does not include routine
maintenance to maintain original line and grade, hydraulic capacity, or original purpose of thefacility. (The
maintenance exclusion is intended for projects such as road resurfacing, and where there will be less than
one acre of additional ground disturbed. Improvements or upgrades to existing facilities or roads, where at
least one acre is disturbed. would not qualif�� as "routine main tenance. 1?)
Definitions of `additional terms can be found in Part LE of the permit.
Stormwater discharges from all construction activity require permit coverage, except for operations, that
result in the disturbance giftless than one acre of total land area and which are not part of a larger common
plan of developrnent or sale. A "larger common plan of development or sale" is a contiguous area where
multiple separate and distinct construction activities may be taking place at different times on different
schedules.
B. Types of Discharges/Activities Covered
I. Stone ater: This permit is intended to cover most new or existing discharges composed entirely of
stormwater from construction activities that are required by State regulation to obtain a permit. This
includes stormwater discharges associated with areas that are dedicated to producing earthen
materials, such as soils, sand, and gravel, for use at a single construction site. These areas may be
located at the construction site or at some other location. This permit does not authorize the
discharge of mine water or process water from borrow areas. This permit may also cover stormwater
discharges associated with dedicated asphalt plants and concrete plants located at aspecific
construction site;
PART H
Permit - Page 32
Permit No. COR-030000
IV ST RMWATER DISGMMR ESASSOCIATED WITH CONSTRUCTION ACTIVITY (cont.)
Process water: Under certain restrictions, discharges to the ground from construction dewatering,
and from concrete washout activities, are also covered (see Parts L C 3(0 (7), L C3(4 (8), .1. D. (c) and
1. .3(d) of the permit).
C 7'vpes of Activities NOT Covered
1. Storm water: Aside, from the sources listed in subparagraph B.1. above, this permit does not cover
stormwater discharged from construction sites that is mixed with stormwater from other types of
industrial activities, or process water of any kind. Other types of industrial activities that require
stormwater discharge permits pursuant to different sections of the regulations (Regulation 5 CCR
1002-61, Section 61. (ekliifl'A4, Kfl, are not covered by this permit
Process water: This permit also does not cover any discharge ofprocess process water to slim fhce ivatcr;s. 1.
the construction activity encounters groundwater, in order to discharge this groundwater to surface
waters, a construction Dewatering Discharge Permit permit number COG -070000) must also be
obtained, An application for this permit can be obtained from the Division at the address listed in
Part L.4(a) o, f the permit, or at the web site in Section I of the rationale.
V. CO 'ERA GE UNDER THIS GENERAL PER. IT
Under this general permit, owners or operators of stormwater discharges associated with construction activity
may be granted authorization to discharge stormwater into waters of the State pf Colorado. This includes
stormwater discharges associated with industrial activity from areas that are dedicated to producing earthen
materials, such as soils, sand and gravel, for use at a single construction site. and dedicated asphalt plants and
dedicated concrete plants.
This permit does not pre-empt or supersede the authority of other local, state or federal agencies to prohibit.
restrict or control discharges cif stormrrwater to storm drain systems or other water comes within their
jurisdiction.
Authorization to discharge under the permit requires submittal of a completed application form and a certification
that the SIMP is complete, unless the site is covered kr a Qzialj/jdng Local Program. Upon receipt of all
required information, the Division may allow or disallow coverage under the general permit.
VL APPLICATION AND CER TI.FI CA TION
At least ten days prior to the commencement of construction activities, the owner or operator of the construction
site shall submit an original completed application which includes the signed certification that the SWAMP is
complete. Original signatures ate required for the application to be considered complete. For small construction
sites only, if the site is covered by a Quaijfring Local Program (see below), submittal of an application is not
required.
For the purposes of `this permit, the "operator" is the person who has day-to-day control over the project. This
can be the owner, the developer, the general contractor or the agent of one of these parties, in some
circumstances. At dfiferent times during a construction project, d ereizt types ofparties may satisf ** the definition
of "operator" and the certification may be transferred as roles change.
(Note - Under the Federal regulations, this application process is referred to as a Notice fie, or VOI. For
internal consistency with its current program, the Division will continue to use the term "application.") A
summary of the permit application requirements is found in the permit at Part iA. 4(bL.
If coverage under this general permit is appropriate, then a certification will be developed and the applicant will
be certified under this general permit.
FART Ii
Permit - Page 33
Permit No. R-030000
III. QUALIFYING LOCAL PROGRAMS
For stormwater discharges associated with small construction activity (i.e.t one to five acre disturbed area sites),
the permit includes conditions that incorporate approved guab#ing local erosion and sediment control program
( uali.. ing Local Program) requirements by reference. A Qua1 ring Local Program is a municipal stormwater
program for stormwater discharges associated with small construction activity that has been formakv approved
by the Division. The requirements} for Qiialjj5iing Local Programs are outlined in Part 61.8(12) of the Colorado
Discharger Pennit. System Regulations (also see the Division 's "Quali fling Local Programs ffor Small
Construction Sites - Application Guidance"). Such programs must impose requirements to protect water quality
that are at least as stringent as those required in this permit.
A. Approval Termination
A Qua! jfring Local Program may be terminated by either the Division or the municipality. Upon termination
of Division approval of a Qualjtjting Local Program, any small construction activity required to obtain
permit coverage under Section 61.30" of the CDPS regulations (.5CCR 1002-61), shall submit an
application form as provide(' by the Division, with a certification that the Storm water Management ement Plan
(SWMP) is complete as required by Part 1.A.3 of the permit, within 30 days of Division not(Ication.
B. Approval Expiration
Division approval of a Qua!Oualffying Local Program will expire with this general permit on June 30, 2012. Any
municipality desiring to continue Division approval of their program must reapply by March 31, 2012. The
Division will determine if the program may continue as a approved Qua!j5'Ing Local Program.
Viii TERMS AND CO DIT7ONS OF PERMIT
A. Coverage under a Qualinting Local Program - For Small Construction Sites Only
For small construction sites (disturbing less than 5 acres) covered under a Qua! jfring Local Program (see
Section VII, above), only certain permit requirements apply, as outlined below The local program must
have been_ for mally designated by the Division to quoit. Most municipalities have some type of local
program and may require permits and f fees. However. simply having a program in place does not
necessarily mean that it is a q►ual wing program and that a State permit is not required. The local
rnunicipality is responsible for noti ing operators and/or owners that they are covered by a Qual$'ing
Local Program. As of `Mgv 31, 2007, the only approved Qzw/jfj'Ing Local Programs within the state are for
Golden, Durango and Lakewood. An updated list of `municipalities with QualOting Local Programs,
including contact irfor°rnation, is available on the Division s website at:
lip:/sisivI v. 4 plicr.7 tatc.co.usAvo/Pel•mitsUnitivtorninpatericonstrzt`se l£on.htS t-.
The Division reserves the right to require any construction owner or operator within the jurisdiction of a
Qualifying Local Program covered under this permit to apply for and obtain coverage under theft&
requirements of this permit.
L Permit Coverage: .'f a construction site is within the jurisdiction of'a Qua!j/j;lng Local Program, the
owner or operator of the construction activity is authorized to discharge stormwater associated with
small construction activity under this general permit without the submittal ()fan application to the
Division. The perrnittee also is not required to submit an inactivation notice or payment of stn annual
fee to the Division;
FART II
Permit sie Page 34
Permit No. COR-030000
VIII. TERMS AND CONDITIONS OF PERMIT (cant.)
Permit Terms and Conditions: The perrnittee covered by a uali, fj=ing Local Program must comply
with the requirements of that Qualffring Local Program. In addition, the following permit sections are
applicable:
Parts LA. 1, .1.A. 2, and 1.A.3: Authorization to discharge and discussion of coverage under the
permit.
b) Part Lai: General limitations that must be net in addition to local requirements.
c) Parts I.D.2, LD. 3, 1. D. 4: 84P implementation, prohibition of non-stormwater discharges
unless addressed in a separate C'DI'S permit, and requirements related to releases of reportable
quantities.
Part I..D.11: Potential coverage under a Total Maximum Daily Load (T IDL).
e) Part LE: Additional definitions.
n
Part II (except f or Parts ILA. l , II. B. 3, IL 8. S, and II. B.10): Specifically includes, hurt is not
limited to, provisions applicable in the case of noncompliance with permit requirements, and
requirements to provide information and access.
B. Stormwater Management Plans (SWMPs)
Prior to commencement of .construction, a stormwater management plan (S P) shall be developed and
implemented, for each facility covered by this permit A certification that the S'P is complete must be
submitted with the permit application. The S ' P shall ident potential sources of'pollution (including
sediment) which may reasonably be expected to affect the quality of stormwater discharges associated with
construction activity, front the facility. In addition, the plan shall describe the Best Management Practices
(BMPs) which will be used to reduce the pollutants in stormwater discharges from the construction site.
(Note that permanent stormwater controls, such as ponds, that are used as temporary construction BMPs
must be adequately covered in the SW IF.) Facilities must implement the provisions of their SWIVIP as a
condition of this permit. The SWMP shall include the following items:
1. Site Description
2_ Size Map
3. Stor-mwaler Management Controls
4. Long-term Stormwater , Ianagem en t
5. Inspection and Maintenance
(See Parts I.B. and IC of the permit ,for a more Mailed description of sW A'IP requirements.) The Division
has a guidance docr.unent available on preparing a SWMP. The document is included as Append:IT A of the
permit application, and is available on the Divisions website at wwitt cdplaesst te. C . tisih*i r Per n iis Ut1 Jt.
Some changes have been made to the S WMP requirements. See Section ILI of the rationale for a discussion
on perrnittee responsibilities regarding those changes.
PART II
Permit - Page 35
Permit No. COR-030000
VIII. TERMS AND CONDITIONS OF PERMIT font.)
Master SWMP
Often, a large construction project will involve multiple smaller construction sites that are within a common
plan of development, or multiple well pads under construction within an oil and gas well geld. Pollutant
sources and the types of BMPs used can be relatively consistent in such cases. A permittee could
sign./lcantly streamline the S /vf' development process through the use of a master SWMP. SWMP
information must be developed and maintained for rill construction activities that exceed one acre (or are
part oft) common plan of `development acceding one acre) conducted within the permitted area. By
developing a single master plan, the pennittee can eliminate the need to develop repetitive information in
separate plans. Such a plan could include two sections, one containing a reference section with infbrmation
applicable to all sites (e.g., installation details and maintenance requirements for many standard BMPs,
such as silt fence and erosion blankets), and the second containing all of the information specific to each .site
(e.g., 4v to BMP map, drainage plans, details, far 13MPs requiring site specific design, .such as retention
ponds).
As new activities begin. if /brmation required in the SWMP is added to the plan, and as areas become finally
stabilized, the related information is removed. Records of infbrmaiion related to areas that have been finally
stabilized that are removed from the active plan must be maintained for a period of at least three nears from
the date that the associated site is finally stabilized.
C Total Maxinnon Daily Load (TMDL)
If the designated use qf a stream or water body has been impaired by the presence of 'a pollutant(s),
development (la Total Marlin= Dully Load (TMDL) may be required A TMDL s an estimate of
allowable loading in the water•bodv. for the pollutant in question. .Types ofdischarges that are or have the
potential to be a significant source of the pollutant are also identi led. if a TMDL has been approved for any
w
waterbody into which the permittee discharges, and stormwater discharges associated with construction
activity have been assigned a pollutant -specific ivasteload Allocation ( LA) under the TMDL, the Division
will either:
1, Motifr the permittee of the TMDL, and amend the perm ttee's certification to add spec Vie . [Ws
and/or other requirements, as appropriate: or
2. Ensure that the TMDL is being implemented properly through alternative local requirements, such as
by a municipal stormwater permit. (The only current example of this is the Cherry Creek Reservoir
control Regulation (72.0), which mandates that municipalities within the basin require vet i is P VIPs
for construction sites.)
See Part !. D.11 q f the permit for jiirther u?/brmation.
D. Monitoring
Sampling and testing of 'stormwater for specific parameters is not required on a routine basis under this
permit,. However, the Division reserves the right to require sampling and testing on a case -by -case basis, in
the event that there is reason to suspect that compliance with the SWMP is a problem., or to measure the
effectiveness of the MVPs in removing pollutants in the effluent. See Part LO.1(e) °f'the permit.
E. Facility.Ins,; Inspections
construction sites typical! must inspect their stormwater management controls at least every 14 dews and
within 24 hours after the end ((any precipitation or snowmelt event that causes surface erosion. At sites or
portions of sites where ground -disturbing construction has been completed but a vegetative getative cover has not
been established, these inspections must occur at least once per month. (AI sites where persistent snow
cover conditions exist, inspections are not required during the period that melting conditions do not exist.
These
PART i
Permit - Page 36
Permit No. COR-030000
Intl. TER MMS AND CONDITIONS OF PERMIT front)
conditions are only expected to occur at high elevations within the Colorado mountains.) For all of these
inspections, records must be kept on file. Exceptions to the inspection requirements are detailed in Part
ID. 6 of the permit.
F. SWMP Revisions
The permittee shall amend the SWMP whenever there is a change in design, construction, operation, or
maintenance of the site, which would require the implementation of new or,revLsed B,1 's. The SWAP shall
also be amended if it proves to be ineffective in achieving the general objectives of controlling pollutants in
stormwater discharges associated with construction activity. The timing ffor completion of*SWMP MPP changes is
detailed in Parts I.D.5(c',) and ID. 5(d) of the permit.
SWMP revisions shall he made prior to change in the field, or in accordance with Part ID. 5rd) of the
permit.
G. Repprtina
The inspection record shall he made available to the Division upon request Regular submittal of an annual
report is not required in this permit. See Part I D.9 of the permit.
IL .Annual Fee
The permittee is required to submit payment of an annual fee as set forth in the Water Quality} Control Act
Permittees will he billed for the initial permit, fee within a floe weeks of permit issuance and then annually,
based on a July 1 through June 30 billing cycle.
Responsthilitvfor Permit
The permit certification for ca site me be inactivated, once coverage is no longer needed. The certification
may be transferred, f `another party is assuming responsibility for the entire area covered by the
certification. In addition, permit re.sponsibilityibr part of the area covered by the certffication may be
reassigned to another party. These actions are summarized below. The Stormwater Program construction
fact sheet explains these actions in further detail under the section on Multiple Owner/Developer Sites, and
is available on the Division i-vebsite at
} 4 •
!ur . Aviv !.alpha stote. cc. tes vf1. Rcr• itsU Init/stor-m tarteciCelis t F ctSS_/i • :. .PDF, Section F.
�HH / /H/iM//MYiOf// H// /////.WF JbrW/G✓iIn 'UALNi'i✓ryiLf6i Ni
1, Inactivation Notice: When a site has been finally stabilized in accordance with the SWMP, the
permittee shall submit an Inactivation Notice that is signed in accordance with Part LE� 1 ofthe
permit, A summary of the Inactivation Notice content is described in Part LA. 6 q, f'the permit. A copy
of the Inactivation Notice form will be mailed to the permittee along with the permit certification.
Additional copies are available from the Division.
For sites where all areas have been removed from permit coverage, the permittee may submit an
inactivation notice and terminate permit coverage. In such cases the permittee would no longer have
any land covered under their permit certification, and therefore there would be no areas remaining to
finally stabilize. Areas may be removed from permit coverage by:
-reassignment of permit coverage (Part [Al?ofthe permit)
-sale to homeowner(s) (Part I.A.9 of the permit); or
-amendment by the permittee, in accordance with Division guidance for areas where permit coverage
has been obtained by a new operator or returned to agricultural use.
PART II
Permit - Page 37
Permit No. COR-03 0000
VIII. TERMS AND CONDITIONS OF PERMIT front)
?. Transfer of Permit When responsibility for stormwater discharges for an entire construction site
changes from one individual to another, the permit shall be transferred in accordance with Part I.4.7
of the permit The permittee shall submit a completed Notice of Transfer form, which Li available
from the Division, and at win- et i e. state co_uslitylnermfistinit.cv. Tithe new responsible party will
not complete the transfer the permit may be inactivated 1f .tl e permittee has no legal
responsibility, through ownership or contract, for the construction activities at the site. In this case,
the new owner or operator would be required to obtain permit coverage separately
3. Reassignment of Permit: When a permittee no longer has control of a specific portion of a pet-rnit/ed
site, and wishes to transfer coverage of that portion of the site to a second party, the permittee shall
submit a completed Notice of Reassignment of Permit Coverage fform, which is available from the
Division, and at 1 1Vit c dp je..stcite_ ca us rq/Pennits 'nit. The Thor requires that both the existing
permittee and new permittee complete their respective sections. See Part LA.8 of the permit.
J. Duration of Permit
The general permit will expire on June 30, 2012. The permit:eels authority to discharge under this permit is
approved until the expiration date of the general permit. Any permittee desiring continued coverage under
the general permit past the expiration date must apply for recertification under the general permit at least 91
days prior to its expiration date.
Kathleen Rosow
December 18, 2006
IX PUBLIC NOTICE 12/22/06
The permit was sent to public notice on December 22, 2006 A public meeting was requested, and was held on
February 2, 2007. Numerous comments were received on the draft permit Responses to those comments, and a
,summary of changes made to the drqft permit, are in a separate document entitled "Division Response To Public
Comments." The permit will be sent to a second public notice on March 23, 2007. And, changes resulting from the
second public notice will be summarized in the rationale.
Kathleen Ravow
March 22, .2007
V. .PUBLIC NOTICE — 3/23/07
The permit was sent to public notice, for a second time on March 23, 2007. Numerous comments were received on
the second draft permit. Responses to those comments, and a summary tithe 'tire additional changes made to the draft
permit, arc contained in a separate document entitled "Division Response To Public Comments Part II `'. This
document is peat of the rationale. Any changes based on the Division response are incorporated into the rationale
and permit. The response document is available online at
ilwt t'.. castare. c n. us.-Irv/Perm rus tin itilAtormt Uter iconstr uctiorr. html, or by entailing
dr'hc. w store IRA0 tr.s, or by calling the Division at NB -692,-3517,
Kathleen Rosow
May 31, 2007
Applicant:
Name of Site:
Date:
Ames Construction, Inc.
Ard Borrow
January 26, 2017
EXHIBIT G - Source of Legal Right -to -Enter
See attached Borrow Agreement
% \PS1
tic
Applicant:
Name of Site:
Date:
Ames Construction, Inc.
Ard Borrow
January 26, 2017
EXHIBIT H - Municipalities Within a Two-mile Radius
None
Applicant:
Name of Site:
Date:
Ames Construction, Inc.
Ard Borrow
January 26, 2017
EXHIBIT I - Proof of Filing with County Clerk
See attached
Applicant: Ames Construction, Inc.
Name of Site: Ard Borrow
Date: January 26, 2017
EXHIBIT J - Proof of Mailing of Notices to Board of County
Supervisors and Soil Conservation District.
See attached
Applicant: Ames Construction, Inc.
Name of Site: Ard Borrow
Date: January 26, 2017
EXHIBIT K — Terms of Governmental Contract
Ames Construction Inc. is a subcontractor Interstate Highway
Constructors which have a contract with Weld County for WCR
49 Design Build Project.( See Attached)
-7-
•
Is
v
1
861
GOU
e
WELD COUNTY, COLORADO
REQUEST FOR PROPOSAL
FOR DESIGN BUILD SERVICES
BOOK 1 CONTRACT
WCR 49 Design -Build Project
from US 34 to I-76
PROJECT NO.: B1400202
March 27, 2015
REQUEST FOR PROPOSAL DUE: June 22, 2015
Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
1.0 CONTRACT COMPONENTS; INTERPRETATION OF CONTRACT DOCUMENTS 12
1.1 CERTAIN DEFINITIONS 12
1.2 CONTRACT DOCUMENTS 12
1.3 ORDER OF PRECEDENCE 12
1.4 BOOK 5 - REFERENCE DOCUMENTS 13
1.5 INTERPRETATIONS 13
1.6 REFERENCED STANDARDS, CODES, OR CRITERIA 14
1.7 OMISSION OF DETAILS; CLARIFICATION BY THE COUNTY 14
1.8 COMPUTATION OF PERIODS 14
1.9 STANDARD FOR APPROVALS 14
1.10 CONTACT INFORMATION 15
2.0 OBLIGATIONS OF CONTRACTOR 16
2.1 PERFORMANCE REQUIREMENTS 16
2.1.1 Performance of Work 16
2.1.2 Performance Standards 16
2.1.3 Performance as Directed 16
2.2 GENERAL OBLIGATIONS OF CONTRACTOR 16
2.3 REPRESENTATIONS, WARRANTIES, AND COVENANTS 18
2.3.1 Maintenance of Professional Qualifications 18
2.3.2 Evaluation of Constraints 18
2.3.3 Feasibility of Performance 18
2.3.4 Review of Site Information 18
2.3.5 Governmental Approvals 19
2.3.6 Progression of Work 19
2.3.7 Employee Performance Requirements 19
2.3.8 Design and Engineering Personnel 19
2.3.9 Organization 20
2.3.10 Authorization 20
2.3.11 Legal, Valid, and Binding Obligation 20
2.4 REQUIREMENTS REGARDING BASIC CONFIGURATION AND CONTRACT DRAWINGS 20
2.4.1 Obligation to Review Contract Drawings 20
2.4.2 Required Approvals 20
2.4.3 Necessary Design Change 20
2.5 DESIGN DOCUMENTS 21
3.0 INFORMATION SUPPLIED TO CONTRACTOR; RESPONSIBILITY FOR DESIGN; D1SCLAIMER22
3.1 INFORMATION SUPPLIED 22
3.2 RESPONSIBILITY FOR DESIGN 22
3.3 DISCLAIMER 22
3.3.1 No Liability Regarding Reference Documents 22
3.3.2 No Representation or Warranty Regarding Basic Configuration and Reference Documents23
3.4 PROFESSIONAL LICENSING LAWS 23
4.0 TIME WITHIN WHICH PROJECT SHALL BE COMPLETED; SCHEDULING 24
4.1 TIME OF ESSENCE 24
4.2 NOTICES TO PROCEED 24
4.2.1 Issuance of Notice -to -Proceed 1 (201 S) 24
4.2.2 Issuance of Notice -to -Proceed 2 (2016) 24
4.2.3 Issuance of Notice -to -Proceed 3 (2017) 24
2
Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
4.3 COMPLETION DEADLINES 25
4.3.1 Project Completion Deadline 25
4.3.2 Final Acceptance Deadline 25
4.3.3 No Time Extensions 25
4.4 CONTRACT SCHEDULES 25
4.5 RECOVERY SCHEDULE 25
4.6 PREREQUISITES FOR START OF CONSTRUCTION 26
5.0 CONTROL OF WORK 27
5.1 CONTROL AND COORDINATION OF WORK 27
5.2 SAFETY 27
5.3 PROCESS TO BE FOLLOWED FOR DISCOVERY OF CERTAIN SITE CONDITIONS 27
5.3.1 Notification to the County 27
5.3.2 Further Investigation 27
5.3.3 Recommence Work 28
5.4 OBLIGATION TO MINIMIZE IMPACTS 28
5.5 QUALITY MANAGEMENT 28
5.5.1 Contractor Quality Management 28
5.5.2 Oversight, Verification, Inspection, and Testing by the County and Others 28
5.5.3 Obligation to Uncover Finished Work 28
5.6 EFFECT OF OVERSIGHT, SPOT CHECKS, VERIFICATIONS, TESTS, ACCEPTANCES, AND
APPROVALS 29
5.6.1 Oversight and Acceptance 29
5.6.2 No Estoppel 29
5.7 NONCONFORMING WORK 29
5.7.1 Rejection, Removal, and Replacement of Work 29
5.7.2 Nonconforming Work Pay Adjustment 30
6.0 ACCESS TO SITE, UTILITY RELOCATIONS, ENVIRONMENTAL MITIGATION 31
6.1 ACCESS TO SITE 31
6.1.1 Access to Right -of -Way Identified on Right -of -Way Plans 31
6.1.2 Access to Right -of -Way Not Identified on Right -of -Way Plans 31
6.1.3 Failure to Have Necessary Rights of Access 32
6.2 UTILITY RELOCATIONS 32
62.2 Reserved 33
6.2.3 Betterments and Requested Relocations 33
6.2.4 Utility Delays 34
6.2.5 Certain Obligations of Contractor 34
6.2.6 Additional Restrictions on Change Orders 35
6.3 ENVIRONMENTAL COMPLIANCE 35
6.3.1 Mitigation Requirements 35
6.3.2 New Environmental Approvals 36
7.0 EQUAL EMPLOYMENT OPPORTUNITY; SUBCONTRACTS; LABOR 37
7.1 EQUAL EMPLOYMENT OPPORTUNITY 37
7.1.1 Equal Employment Opportunity Policy 37
7.1.2 Non -Discrimination 37
7.1.3 Inclusion in Subcontracts 37
3
Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
7.2 LIMITATION ON SUBCONTRACTED WORK 37
7.3 SUBCONTRACTING REQUIREMENTS 38
7.4 ASSIGNMENT OF SUBCONTRACT RIGHTS 38
7.5 SUBCONTRACT TERMS 38
7.6 SUBCONTRACT DATA 38
7.7 RESPONSIBILITY FOR WORK BY SUBCONTRACTORS 39
7.8 KEY PERSONNEL 39
7.8.1 Key Personnel 39
7.8.2 Representations, Warranties, and Covenants 39
7.9 CHARACTER OF WORKERS 39
8.0 SURETY BONDS 41
8.1 PROPOSAL BOND 41
8.2 PERFORMANCE BOND 41
8.3 PAYMENT BOND 41
8.4 UTILITY WORK 41
8.5 No RELIEF OF LIABILITY 41
9.0 INSURANCE 42
9.1 GENERAL INSURANCE REQUIREMENTS 42
10.0 RISK OF Loss 47
10.1 SITE SECURITY 47
10.2 MAINTENANCE AND REPAIR OF WORK AND ON -SITE PROPERTY 47
10.2.1 Responsibility of Contractor 47
10.2.2 Relief front Liability for Maintenance 47
10.3 DAMAGE TO OFF -SITE PROPERTY 48
10.4 THIRD PARTY AGREEMENTS 48
10.5 TITLE 48
11.0 PAYMENT 49
11.1 CONTRACT PRICE 49
11.1.1 Contract Price 49
11.1.2 Items Included in Contract Price 49
11.1.3 Delay in Issuance of Notice -to -Proceed 1 50
11.2 INVOICES AND PAYMENT 50
11.3 LIMITATIONS ON PAYMENT 50
11.3.1 Requirement to Provide Corrected Monthly Update 50
11.3.2 Notice -to -Proceeds Payment Cap 50
11.3.3 Unincorporated Materials 51
11.3.4 Materials Ineligible for Payment 52
11.3.5 Nonconforming Work 52
11.4 MOBILIZATION 52
11.4.1 Mobilization Amount 52
11.5 RETAINAGE; DEDUCTIONS 52
11.5.1 Retainage 52
11.5.2 Substitution of Acceptable Securities 53
11.5.3 Deductions 53
11.6 FINAL PAYMENT 53
11.6.1 Application for Final Payment 53
11.6.2 Payment 54
11.7 PAYMENTS TO SUBCONTRACTORS 55
11.7.1 Prompt Payment 55
4
Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
11.7.2 Release of Retainage 55
11.8 DISPUTES 55
12.0 VALUE ENGINEERING AND NEGOTIATED CHANGES 56
12.1 VALUE ENGINEERING CHANGE PROPOSALS 56
12.1.1 Definition of Value Engineering Change Proposal 56
12.1.2 Required Information 56
12.1.3 County Review and Approval or Rejection 57
12.1.4 Disputes Regarding Applicability of Value Engineering Change Proposals 57
12.1.5 Contract Price Adjustment 57
12.2 NEGOTIATED CHANGES 58
12.3 USE OF VALUE ENGINEERING CHANGE PROPOSALS AND NEGOTIATED CHANGES BY THE
COUNTY 58
13.0 CHANGES IN THE WORK 59
13.1 CIRCUMSTANCES UNDER WHICH CHANGE ORDERS MAY BE ISSUED 59
13.1.1 Definition of and Requirements Relating to Change Orders 59
13.1.2 Directive Letter as Condition Precedent to Claim that County -Directed Change Occurred60
13.1.3 Changes in Law 60
13.2 PROCEDURE FOR COUNTY INITIATED CHANGE ORDERS 61
13.2.1 Request for Change Proposal (RCP) 61
13.2.2 Unilateral Change Orders 62
13.2.3 Options 62
13.3 PROCEDURE FOR CONTRACTOR REQUESTED CHANGE ORDERS 62
13.3.1 Eligible Changes 62
13.3.2 Conditions Precedent 65
13.3.3 Performance of Disputed Work 67
13.4 CONTENTS OF CHANGE ORDERS 68
13.4.1 Form of Change Order 68
13.4.2 Scope of Work, Cost Estimate, Delay Analysis, and Information Regarding Change 68
13.4.3 Justification 69
13.4.4 Contractor Representation 69
13.4.5 Incomplete Change Orders 69
13.5 CERTAIN LIMITATIONS 70
13.5.1 Limitation on Contract Price Increases 70
13.5.2 Limitation on Acceleration Costs; Delay and Disruption Damages 70
13.5.3 Limitation on Time Extensions 71
13.6 PRICING OF CHANGE ORDERS 71
13.6.1 Contents 72
13.6.2 Unit Price Change Orders 72
13.6.3 Added, Deleted, or Both Added and Deleted Work 72
13.7 TIME AND MATERIALS CHANGE ORDERS 72
13.7.1 Labor Costs 72
13.7.2 Material Costs 73
13.7.3 Equipment 74
13.7.4 Permit Fees 76
13.7.5 Subcontracted Work 76
13.7.6 Mark -Ups 76
13.7.7 Time and Materials Records 76
13.8 NECESSARY DESIGN CHANGES 77
13.8.1 Increase in Contract Price and/or Extension of Completion Deadlines 77
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
13.8.2 Decrease in Contract Price and/or Extension of Completion Deadlines
13.8.3 Change in Basic Configuration or Temporary Configuration Resulting from Value
Engineering Change Proposal
13.9 DIFFERING SITE CONDITIONS
13.9.1 Responsibilities of the County
13.9.2 Burden of Proof
13.10 CERTAIN EVENTS
13.11 HAZARDOUS SUBSTANCES MANAGEMENT
13.11.1 Price Increase
13.11.2 Time Extension
13.11.3 Limitations on flange Orders
13.12 MATERIAL ERRORS IN RIGHT-OF-WAY PLANS
13.13 WAIVER
13.14 DISPUTES
13.15 No RELEASE OR WAIVER
13.15.1 Extension of Time for Performance
13.15.2 No Change Order Based on Course of Conduct or Order by Unauthorized Person
14.0 SUSPENSION OF WORK
14.1 SUSPENSION FOR CONVENIENCE
14.2 SusPENSION FOR CAUSE
14.3 CONTRACTOR RESPONSIBILITIES DURING SUSPENSION
15.0 TERMINATION FOR CONVENIENCE
15.1 NOTICE OF TERMINATION
15.2 CONTRACTOR RESPONSIBILITIES UPON TERMINATION
15.3 RESPONSIBILITY AFTER NOTICE OF TERMINATION
15.4 NEGOTIATED TERMINATION SETTLEMENT
15.4.1 Settlement Proposal
15.4.2 Negotiated Settlement Amount
15.5 DETERMINATION OF SETTLEMENT AMOUNT IF NEGOTIATIONS FAIL
15.5.
15.5.
15.5.
15.5.
15.6
15.7
15.8
15.9
78
78
78
78
79
79
79
79
79
79
80
80
80
81
81
81
82
82
82
82
83
83
83
84
84
84
85
85
1 Payment Amount 85
2 Maximum Compensation 86
3 Excluded Items 87
4 Payment of Termination Amount 87
PARTIAL TERMINATION 87
REDUCTION IN AMOUNT OF CLAIM 87
PARTIAL PAYMENTS 87
INCLUSION IN SUBCONTRACTS 88
15.10 LIMITATION ON PAYMENTS TO SUBCONTRACTOR
15.11 No UNEARNED PROFITS OR CONSEQUENTIAL DAMAGES
15.12 NO WAIVER
15.13 DISPUTE RESOLUTION
15.14 ALLOWABILITY OF COSTS
15.15 SUSPENSION OF WORK
15.16 TERMINATION DUE TO NON -APPROPRIATION OF FUNDS
15.16.1 Availability of Funds
15.16.2 Anticipated Appropriations
15.16.3 Remedy for Failure to Appropriate
88
88
88
88
88
88
89
89
89
89
6
Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
16.0 DEFAULT 90
16.1 DEFAULT BY CONTRACTOR 90
16.1.1 Events of Default 90
16.1.2 Right to Cure 91
16.2 REMEDIES 91
16.2.1 Rights of the County 91
16.2.2 Liability of Contractor 93
16.3 RIGHT TO STOP WORK IF UNDISPUTED PAYMENT IS NOT MADE 94
16.4 NOTICE AND OPPORTUNITY TO CURE OTHER TYPES OF COUNTY BREACHES 94
17.0 DAMAGES 95
17.1 LIQUIDATED DAMAGES 95
17.1.1 Failure to Meet Contract Requirements 95
17.1.2 Reasonableness of Liquidated Damage Amounts 95
17.2 WAIVER 96
17.2.1 No Waiver 96
17.3 PAYMENT OF LIQUIDATED DAMAGES 96
18.0 INDEMNIFICATION 97
18.1 INDEMNIFICATIONS BY CONTRACTOR 97
18.1.1 General Indemnities 97
18.1.2 Design Defects 98
18.1.3 Losses Due to Negligence of Indemnified Parties 98
18.1.4 Claims by Employees 98
18.1.5 Reliance on Contractor's Performance 98
18.1.6 Indemnities in Connection with Utilities 98
18.2 RESPONSIBILITY OF COUNTY FOR CERTAIN HAZARDOUS SUBSTANCES 99
18.2.1 Pre -Existing Site Contamination 99
18.2.2 Generator Number for Hazardous Waste Remediation 99
18.3 No EFFECT ON OTHER RIGHTS 100
18.4 COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT
AGREEMENT 100
18.5 INTENT OF INDEMNITY FOR BREACH OF CONTRACT 100
19.0 PARTNERING, CLAIMS FOR ADJUSTMENT AND DISPUTES 101
19.1 PARTNERING 101
19.2 DISPUTE RESOLUTION; GENERAL PROVISIONS 101
19.2.1 Mandatory Nature of Process 101
19.2.2 Disputes; Disputes Governed by this Section; Priorities; Disputes Involving Utility
Owners 101
19.2.3 Overview of Process 102
19.2.4 Continuation of Work 102
19.2.5 Notice and Record Keeping for Disputes 102
19.2.6 Monthly Settlement Negotiations 102
19.2.7 Claim Requirements 102
20.0 ACCEPTANCE OF PROJECT 104
20.1 PROJECT COMPLETION 104
20.1.1 Notice by Contractor 104
20.1.2 Correction of Defects 104
20.1.3 Conditions to Affidavit of Final Completion 105
20.1.4 Inspection and Issuance of Notice of Final Acceptance 106
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
20.2 OVERPAYMENTS; NO RELIEF FROM CONTINUING OBLIGATIONS 106
20.3 OPENING OF SECTIONS OF PROJECT TO TRAFFIC 107
20.3.1 Plan for Opening to Traffic 107
20.3.2 Direction to Open Following Contractor Failure to Perform 107
20.3.3 No Waiver 107
20.3.4 Replacement of Performance Bond 107
20.4 LANDSCAPE ACCEPTANCE 107
20.5 ASSIGNMENT OF CAUSES OF ACTION 107
21.0 WARRANTIES 109
21.1 WARRANTIES BY CONTRACTOR 109
21.1.1 Project Warranties 109
21.1.2 Transfer of Title 109
21.1.3 Project Warranty Term 109
21.1.4 Corrective Work 110
21.1.5 Costs of Correction of Work 110
21.2 WARRANTY OF CORRECTED WORK 110
21.3 SUBCONTRACTOR WARRANTIES 110
21.3.1 Assignment 110
21.3.2 Enforcement 111
21.4 No LIMITATION OF LIABILITY 111
21.5 WARRANTY BENEFICIARIES 1 1 1
21.6 REMEDIES FOR BREACH OF WARRANTY 111
21.7 DISPUTES 112
22.0 DOCUMENTS AND RECORDS 113
22.1 ESCROWED PROPOSAL DOCUMENTS 113
22.1.1 Review of Escrowed Proposal Documents 113
22.1.2 Property of Contractor 113
22.1.3 Representation and Warranty 114
22.1.4 Contents of Escrowed Proposal Documents 114
22.1.6 Review by the County 115
22.1.7 Confidentiality 115
22.2 SUBCONTRACTOR PRICING DOCUMENTS 115
22.3 PROJECT RECORDS 115
22.3.1 Maintenance of Records 115
22.3.2 Audit and Inspection Rights 115
22.3.3 Audit of Time and Materials Work 116
22.3.4 Change Order Pricing Data 116
22.3.5 Claims Audits 116
22.4 RETENTION OF RECORDS 117
22.5 COLORADO OPEN RECORDS ACT 118
22.5.1 Applicability of Act 118
22.5.2 Confidential Materials 118
22.5.3 Contractor to Defend Against Disclosure Request 118
22.5.4 Cooperation with the County Regarding Colorado Open Records Act Requests 118
8
mis- 11861
Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
23.0 COOPERATION AND COORDINATION WITH OTHERS 119
23.1 COOPERATION WITH OTHER CONTRACTORS 119
23.2 INTERFERENCE BY OTHER CONTRACTORS 119
24.0 MISCELLANEOUS PROVISIONS 120
24.1 AMENDMENTS 120
24.2 WAIVER 120
24.2.1 No Waiver of Subsequent Rights 120
24.2.2 Custom Does not Constitute Waiver 120
24.2.3 Waivers Must be in Writing 120
24.3 SUCCESSORS AND ASSIGNS 120
24.3.1 Assignment by County 120
24.3.2 Assignment by Contractor 121
24.4 DESIGNATION OF, AND COOPERATION WITH REPRESENTATIVES 121
24.4.1 Designation of Representatives 121
24.4.2 Cooperation 121
24.5 GRATUITIES 121
24.6 SURVIVAL 121
24.7 LIMITATION ON THIRD -PARTY BENEFICIARIES 122
24.8 No PERSONAL LIABILITY 122
24.9 NOTICES AND COMMUNICATIONS 122
24.9.1 Delivery of Notices 122
24.9.2 Receipt of Notices 123
24.9.3 Copies of Correspondence to County 123
24.10 FURTHER ASSURANCES 123
24.11 SEVERABILITY 123
24.12 HEADINGS 124
24.13 GOVERNING LAW 124
24.14 COMPLIANCE WITH LAW 124
24.15 ENTIRE AGREEMENT 124
24.16 COUNTERPARTS 124
24.17 BINDING ARBITRATION PROHIBITED 124
24.18 BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY APPROVAL 124
24.19 CHOICE OF LAW/JURISDICTION 124
24.20 GOVERNMENTAL IMMUNITY 125
24.21 EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST - C.R.S. §§24-18-201 ET SEQ. AND
§24-50-507 . 125
24.22 PUBLIC CONTRACTS FOR SERVICES C.R.S. §8-17.5-101 125
24.23 ACKNOWLEDGMENT 126
EXHIBITS
Exhibit A Acronyms and Definitions
Exhibit B Form P — Completion Deadlines
Exhibit C Form I — Key Personnel
Exhibit D Insurance Requirements
Exhibit E Certification Statement
Exhibit F Letter of Vested Interest
Exhibit G ATC Submittal
Exhibit H RFP Submittal
Exhibit I BAFO Submittal
•
9
Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
Exhibit J
Exhibit K
Exhibit L
Form N — Payment Bond
Form O — Performance Bond
Weld County Forms
• Notice of Award (Example)
• Notice to Proceed (Example)
• Change Order Form (Example)
• Force Account — Minor Contract Revision Form (Example)
• Force Account — Accesses Form (Example)
• Force Account — Utility Relocation Form (Example)
• Certitificate of Substantial Completion (Example)
• Lien Waiver for General Contractor (Example)
• Lien Waiver for Subcontractors (Example)
• Notice of Acceptance (Example)
10
Weld County, Colorado
PROJECT NO. B 1400202
Book 1 - Contract
THIS Design/Build Contract is entered into this day of , 2015, by
and between the Weld County Board of County Commissioners, on behalf of Weld County,
Colorado, hereinafter referred to as the "County", and Interstate Highway Construction,
Inc., 7135 South Tucson Way, Englewood, CO 80112, a Michigan Corporation Licensed to
do business in the State of Colorado ("Contractor"), with reference to the definitions
contained in Exhibit A hereto and the following:
RECITALS
1. The Project involves Weld County Road 49 ("WCR 49") between US 34 at the north end
and I-76 at the south end. WCR 49 is a major north -south thoroughfare in Weld County
that is increasingly used for residential, commericial, and industrial traffic. WCR 49 is
also a major farming area to market north -south transporation of agricultural products.
2. The purpose of the project is to expand approximately twenty miles of WCR 49 from a
two lane asphalt roadway to a five lane concrete roadway.
3. In addition to expansion and paving of the roadway, key elements of the Project include
coordination of design and relocation of utilities, coordination of hydrocarbon pipelines
and facilities, coordination of irrigation ditches and facilities, construction phasing,
property acquisition, drainage control, implementation of the access control plan, and
community outreach.
NOW, THEREFORE, in consideration of the sums to be paid to the Contractor by the County,
the foregoing premises and the covenants and agreements set forth herein, the parties hereto
agree as follows:
11
•
Nix
Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
1.0 CONTRACT COMPONENTS; INTERPRETATION OF CONTRACT DOCUMENTS
1.1 Certain Definitions
Exhibit A hereto contains the meaning of various terms used in the Contract Documents.
1.2 Contract Documents
The term "Contract Documents" shall mean the documents listed in Section 1.3, including all
exhibits thereto.
1.3 Order of Precedence
Each of the Contract Documents is an essential part of the Contract, and a requirement occurring
in one is as binding as though occurring in all. The Contract Documents are intended to be
complementary and to describe and provide for a complete Contract. In the event of any conflict
among the Contract Documents, the order of precedence shall be as set forth below:
1. Book 1, as executed by the County and the Contractor, including all exhibits and
Addendums (Design/Build Contract).
2. Book 2, (Technical Requirements, including all Appendices, Addendums, and Exhibits
(Technical Requirements).
3. Book 3 (Applicable Standards, Data and Reports)
4. Book 4 (Contract Drawings)
5. The Proposal Documents, to the extent that they meet or exceed the requirements of the
other Contract Documents. In other words, if the Proposal Documents include statements
that can reasonably be interpreted as offers to provide higher quality items than otherwise
required by the Contract Documents, or to perform services in addition to those otherwise
required or otherwise contain terms which are more advantageous to the County than the
requirements of the other Contract Documents, the Contractor's obligations hereunder
shall include compliance with all such statements, offers, and terms. The Proposal
Documents include, but are not limited to, the Contractor's written responses to the
Request for Qualifications and the Request for Proposals, the Contractor's Best and Final
Offer, the Contractor's written responses to questions discussed at any interview, and any
official written communication (mail, email, or otherwise) between the Contractor and
the County during the procurement process.
Notwithstanding the foregoing, in the event of conflicting requirements involving any
requirement within a Book or a reference contained within a Book of the Contract Documents,
the County shall have the right to determine, in its sole discretion, which requirement(s) apply.
The Contractor shall request the County's determination respecting the order of precedence
among conflicting provisions promptly upon becoming aware of any such conflict.
12
Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
1.4 Book 5 - Reference Documents
The documents included in the Reference Documents are for information only and are not
Contract Documents to be relied upon by the Contractor except to the extent specifically
provided by the Contract Documents (excluding the Proposal Documents). Cross-references in
the Contract Documents to the Reference Documents do not incorporate the Reference
Documents or portions of the Reference Documents as Contract Documents or
requirements, except to the extent that specific Reference Documents have been specifically
incorporated into the Contract Documents (excluding the Proposal Documents).
1.5 Interpretations
In the Contract Documents, where appropriate:
1. The singular includes the plural and vice versa;
2. References to statutes or regulations include all statutory or regulatory provisions
consolidating, amending, or replacing the statute or regulation referred to, regardless of
when such amendments were enacted;
3. Words such as "herein," "hereof," and "hereunder" refer to the entire document in which
they are contained and not to any particular provision or section;
4. Words not otherwise defined that have well-known technical or construction industry
meanings are used in accordance with such recognized meanings;
5. References to Persons include their respective permitted successors and assigns and, in
the case of Governmental Persons, Persons succeeding to their respective functions and
capacities; and
6. Words of any gender used herein include each other gender where appropriate.
Unless otherwise specified, lists contained in the Contract Documents defining the Project or the
Work shall not be deemed all-inclusive. The Contractor acknowledges and agrees that it had the
opportunity and obligation, prior to submission of its Proposal, to review the Contract
Documents and to bring to the County's attention any conflicts or ambiguities contained therein.
The Contractor further acknowledges and agrees that it has independently reviewed the Contract
Documents with legal counsel, and that it has the requisite experience and sophistication to
understand, interpret and agree to the particular language of the Contract Documents.
Accordingly, in the event of an ambiguity in or dispute regarding the interpretation of the
Contract Documents, the Contract Documents shall not be construed against the Person that
prepared them. The County's final answers to the questions posed during the proposal process
for the Contract shall be incorporated into the Addendums and shall be included as part of Book
2.
13
Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
1.6 Referenced Standards, Codes, or Criteria
Except as otherwise specified in the Contract Documents, or otherwise directed by the County,
references to standards, codes, or criteria, or to the latest version of standards, codes, or criteria,
shall mean the latest version in effect on the Proposal Due Date.
1.7 Omission of Details; Clarification by the County
Neither the Contractor nor the County shall take advantage of any apparent Error in the Contract.
Should it appear that the Work to be done or any matter relative thereto is not sufficiently
detailed or explained in the Contract Documents, the Contractor shall apply to the County in
writing for such further written explanations as may be necessary and shall conform to the
explanation provided. The Contractor shall promptly notify County of all Errors which it may
discover in the Contract Documents, and shall obtain specific instructions in writing regarding
any such Error before proceeding with the Work affected thereby.
The fact that the Contract Documents omit or mis-describe any details of any Work which are
necessary to carry out the intent of the Contract Documents, that are customarily performed
under similar circumstances, shall not relieve the Contractor from performing such omitted Work
or mis-described details of the Work, and they shall be performed as if fully and correctly set
forth and described in the Contract Documents, without entitlement to a Change Order hereunder
except as specifically allowed under Section 13.
1.8 Computation of Periods
References to "days" or "Days" contained in the Contract Documents shall mean Calendar Days
unless otherwise specified, provided that if the date to perform any act or give any notice
specified in the Contract Documents (including the last date for performance or provision of
notice "within" a specified time period) falls on a non -Working Day, such act or notice may be
timely performed on the next succeeding day which is a Working Day. Notwithstanding the
foregoing, requirements contained in the Contract Documents relating to actions to be taken in
the event of an emergency, requirements contained in Section 5.3 and any other requirements for
which it is clear that performance is intended to occur on a non -Working Day, shall be required
to be performed as specified, even though the date in question may fall on a non -Working Day.
1.9 Standard for Approvals
In all cases where approvals, acceptances or consents are required to be provided by the County
or the Contractor hereunder, such approvals, acceptances or consents shall not be withheld
unreasonably except in cases where a different standard (such as sole discretion) is specified, and
shall not be unreasonably delayed if no response time is specified. In cases where sole discretion
is specified, the decision shall not be subject to dispute resolution hereunder.
14
Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
1.10 Contact Information
County Project Managers
Don Dunker, P.E.
Clay Kimmi, P.E.
Cameron Parrott, P.E.
970-397-6288 (cell) 970-304-6496 x 3749 (office)
970-381-7977 (cell) 970-304-6496 x 3741 (office)
970-397-1305 (cell) 970-304-6496 x 3745 (office)
IHC Design Build Manager
Greg Frazee 970-381-1743 (cell)
15
Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
2.0 OBLIGATIONS OF CONTRACTOR
2.1 Performance Requirements
2.1.1 Performance of Work
All materials, services and efforts necessary to achieve Project Completion and Final Acceptance
on or before the applicable Completion Deadlines shall be the Contractor's sole responsibility,
except as otherwise expressly provided in the Contract Documents. Subject to the terms of
Section 13, the costs of all such materials, services and efforts are included in the Contract Price.
2.1.2 Performance Standards
The Contractor shall furnish the design of the Project and all engineering services required
therefore in accordance with the skill, prudence, judgment and diligence as like situated
members of the engineering profession commonly possess and exercise (but at least meeting the
terms, conditions and requirements of the Contract Documents), and shall construct the Project
as designed, in a good and workmanlike manner, free from defects, and in accordance with the
terms and conditions set forth in the Contract Documents.
2.1.3 Performance as Directed
At all times during the term hereof, including during the course of and notwithstanding the
existence of any dispute, the Contractor shall perform as directed by the County in a diligent
manner and without delay, shall abide by the County's decision or order, and shall comply with
all applicable provisions of the Contract Documents. If a dispute arises regarding such
performance or direction, the dispute shall be resolved in accordance with Section 19.
2.2 General Obligations of Contractor
The Contractor, in addition to performing all other requirements of the Contract Documents,
shall:
1. Furnish all design and other services, provide all materials and labor and undertake all
efforts necessary or appropriate (excluding only those services, materials and efforts
which the Contract Documents specify will be undertaken by other Persons): (i) to
construct the Project and maintain it during construction in accordance with the
requirements of the Contract Documents, including the Contract Schedule, all Legal
Requirements, all Governmental Approvals, the Quality Management Plan, the Traffic
Management Plan, the Safety Management Plan, the Public Information Plan, and
Approved Alternative Technical Concept (ATC), and all other applicable safety,
environmental, licensing and other requirements, taking into account the Right -of -Way
(ROW) Plans and other constraints affecting the Project, so as to achieve Project
Completion and Final Acceptance by the applicable Completion Deadlines; and
(ii) otherwise to do everything required by and in accordance with the Contract
Documents.
16
Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
2. At all times provide a Contractor Design -Build Project Manager, Approved by the
County, who: (i) will have full responsibility for the prosecution of the Work; (ii) will act
as agent and be a single point of contact in all matters on behalf of the Contractor;
(iii) will be present (or his Approved designee will be present) at the Site at all times that
Work is performed; and (iv) will have authority to bind the Contractor on all matters
relating to the Project.
3. Provide a Key Personnel who is a registered licensed professional engineer in the State of
Colorado who is in responsible charge of the construction Work.
4. Obtain all Governmental Approvals (other than Approvals agreed to be obtained by the
County), and specifically including any Governmental Approvals required to implement
any Approved ATCs, and Additional Requested Elements (AREs) incorporated into the
Contract Documents.
5. In addition to the ATCs, comply with all ATC Conditions specified by the County in its
Approval.
6. Comply with all conditions imposed by and undertake all actions required by and all
actions necessary to maintain in full force and effect, all Governmental Approvals,
including implementation of all environmental mitigation measures required by the
Contract Documents, except to the extent that such responsibility is expressly assigned in
the Contract Documents to another Person.
7. Provide such assistance as is reasonably requested by the County in dealing with any
Person and/or in prosecuting and defending lawsuits in any and all matters relating to the
Project, which may include providing information and reports regarding the Project,
executing declarations and attending meetings and hearings, but which shall in no event
be deemed to require the Contractor to provide legal services.
8. Comply with all requirements of all applicable Legal Requirements, including: (i) the
Environmental Laws, including all environmental mitigation and monitoring measures
required for the Project, including those set forth in Book 2, Section 5, and requirements
regarding the handling, generation, treatment, storage, transportation and disposal of
Hazardous Substances; and (ii) the Americans with Disabilities Act of 1990 (ADA), 42
U.S.C. § 12101 et seq., including any amendments, as well as all applicable regulations
and guidelines.
9. Cooperate with the County and Governmental Persons with jurisdiction over the Project
in the review and oversight of the Project and other matters relating to the Work.
10. Pay third parties as required by the Contract Documents, including but not limited to,
payments to Utility Owners, hydrocarbon pipeline owners, irrigation facility owners, or
Railroad companies, if any.
11. Supervise and be responsible to the County for acts and omissions of all Contractor -
Related Entities, as though the Contractor directly employed all such Persons.
12. Mitigate delay to the Project and mitigate damages due to delay in all circumstances, to
the extent possible, including by resequencing, reallocating or redeploying the
Contractor's forces to other elements of the Project or to other work, as appropriate.
17
Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
13. Pay all applicable federal, State, and local sales, consumer, use, and similar taxes,
property taxes and any other taxes, fees, charges, or levies imposed by a Governmental
Person, whether direct or indirect, relating to or incurred in connection with the
performance of the Work.
2.3 Representations, Warranties, and Covenants
The Contractor represents, warrants, and covenants for the benefit of the County as follows:
2.3.1 Maintenance of Professional Qualifications
The Contractor and any design Subcontractor(s) have maintained, and throughout the term of the
Contract and any design Subcontract(s) shall maintain, all required authority, license status,
professional ability, skills and capacity to perform the Work, and shall perform them in
accordance with the requirements of the Contract Documents.
2.3.2 Evaluation of Constraints
The Contractor has evaluated the constraints affecting delivery of the Project, including the
ROW Plans and the Basic Configuration, as well as the conditions of the Environmental
Approvals, and the Project can be delivered within such constraints. This Section is subject to the
terms of Section 2.4.3. (Necessary Design Change).
2.3.3 Feasibility of Performance
The Contractor has evaluated the feasibility of performing the Work within the time specified
herein and for the Contract Price, such performance (including achievement of Project
Completion and Final Acceptance by the applicable Completion Deadlines, for the Contract
Price) is feasible and practicable.
2.3.4 Review of Site Information
The Contractor has, prior to submitting its Proposal, in accordance with prudent and generally
accepted engineering and construction practices, reviewed the boring logs provided by Weld
County in the reference documents inspected and examined the Site and surrounding locations,
and undertaken other appropriate activities sufficient to familiarize itself with surface conditions
and subsurface conditions affecting the Project, to the extent the Contractor deemed necessary or
advisable for submittal of a Proposal. As a result of such review, inspection, examination and
other activities, the Contractor is familiar with and accepts the physical requirements of the
Work. The Contractor acknowledges and agrees that changes in conditions at the Site may occur
after the Proposal Due Date, and that the Contractor shall not be entitled to any Change Order in
connection therewith except as specifically permitted under Section 13. Before commencing any
Work on a particular aspect of the Project, the Contractor shall verify all governing dimensions
and conditions at the Site and shall examine all adjoining work, which may have an impact on
such Work. The Contractor shall be responsible for ensuring that the Design Documents and
Construction Documents accurately depict all governing and adjoining dimensions and
conditions.
18
Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
2.3.5 Governmental Approvals
The Contractor has no reason to believe that any Governmental Approval required to be obtained
by the Contractor will not be granted in due course and thereafter remain in effect so as to enable
the Work to proceed in accordance with the Contract Documents. If any Governmental
Approvals required to be obtained by the Contractor must formally be issued in the name of the
County, the Contractor shall undertake all efforts to obtain such approvals, subject to the
County's reasonable and timely cooperation with the Contractor, including execution and
delivery of appropriate applications and other documentation in forms Approved by the County.
The Contractor shall assist the County in obtaining any Governmental Approvals which the
County may be obligated to obtain, including providing information requested by the County and
participating in meetings regarding such approvals.
2.3.6 Progression of Work
The Contractor shall at all times schedule and direct its Work to provide an orderly progression
of the Work to achieve Completions and Final Acceptance by the applicable Completion
Deadlines and in accordance with the Contract Schedule, including furnishing such employees,
materials, facilities and equipment and working such hours (including extra shifts, overtime
operations, non -Working Days) as may be necessary to achieve such goals, all at the
Contractor's own expense, except as otherwise specifically provided in Section 13.
2.3.7 Employee Performance Requirements
All employees shall have the skill and experience and any licenses or certifications required to
perform the Work assigned to them. If the County determines in its sole discretion that any
Person employed by the Contractor or by any Subcontractor is not performing the Work properly
and skillfully, then, at the written request of the County, the Contractor or such Subcontractor
shall remove such Person and such Person shall not be re-employed on the Project without the
prior written approval of the County. If the Contractor or the Subcontractor fails to remove such
Person(s) or fails to furnish skilled and experienced personnel for the proper performance of the
Work, then the County may, in its sole discretion, suspend the affected portion of the Work by
delivery of written notice of such suspension to the Contractor. Such suspension shall in no way
relieve the Contractor of any obligation contained in the Contract Documents or entitle the
Contractor to a Change Order.
2.3.8 Design and Engineering Personnel
All design and engineering Work furnished by the Contractor shall be performed by or under the
supervision of Persons licensed to practice architecture, engineering or surveying (as applicable)
in the State, and by personnel who are careful, skilled, experienced and competent in their
respective trades or professions, who are professionally qualified to perform the Work in
accordance with the Contract Documents, and who shall assume professional responsibility for
the accuracy and completeness of the Design Documents, Released for Construction Documents,
Field Design Change Documents and As -Built Documents prepared or checked by them.
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
2.3.9 Organization
The Contractor is a Michigan_Corporation duly organized and validly existing under the laws of
the State of Colorado, with all requisite power to own its properties and assets and carry on its
business as now conducted or proposed to be conducted in the State of Colorado. The Contractor
is duly qualified to do business, and is in good standing, in the State of Colorado, and will
remain in good standing throughout the term of the Contract and for as long thereafter as any
obligations remain outstanding under the Contract Documents.
2.3.10 Authorization
The execution, delivery, and performance of the Contract have been duly authorized by all
necessary actions of the Contractor, and, if applicable, the Contractor's members, and will not
result in a breach or a default under the organizational documents of any such Person or any
indenture, loan, credit agreement, or other material agreement or instrument to which any such
Person is a party or by which its properties and assets may be bound or affected.
2.3.11 Legal, Valid, and Binding Obligation
The Contract constitutes the legal, valid, and binding obligation of the Contractor and, if
applicable, of each member of the Contractor.
2.4 Requirements Regarding Basic Configuration and Contract Drawings
2.4.1 Obligation to Review Contract Drawings
Before commencing any design or construction Work in an area, the Contractor shall review the
design contained in the Contract Drawings for constructability and shall notify the County in
writing of any errors, omissions, inconsistencies or other defects in such design affecting
constructability. If, after the start of any design or construction Work, the Contractor becomes
aware of any such error, omission, inconsistency or other defect in the Contract Drawings, the
Contractor shall immediately notify the County of the same.
2.4.2 Required Approvals
If it is necessary to modify the Basic Configuration, any Contract Drawings/ROW Plans in order
to correct any errors, omissions, inconsistencies or other defects, the Contractor shall first obtain
the County's and any third party's written Approvals, where applicable, prior to commencing any
related Work.
2.4.3 Necessaty Design Change
If it is necessary, in the County's sole determination to modify the Basic Configuration, any
Contract Drawings/ROW Plans in order to correct an error, omission, inconsistency or other
defect therein, and such modification increases the cost and/or time to perform the Work, the
Contractor shall be entitled to an increase in the Contract Price and/or an extension of the
Completion Deadlines, excluding any costs and/or time that could have been avoided by the
Contractor and subject to the requirements and limitations of Section 13; provided, however, the
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
Contractor shall not be entitled to an increase in the Contract Price or an extension of the
Completion Deadlines in connection with errors, omissions, inconsistencies or other defects
related to modifications of the Contract Drawings/ROW Plans as the result of Approved ATCs.
If it is necessary to modify the Basic Configuration, the Contract Drawings/ROW Plans in order
to correct an error, omission, inconsistency or other defect therein, and such modification
decreases the cost and/or time to perform the Work, the Contract Price and/or Completion
Deadlines shall be decreased accordingly. Any such change described in this Section 2.4.3, as
Approved under Section 2.4.2, shall be referred to herein as a "Necessary Design Change" (with
the understanding that a change shall be deemed "necessary" only if the error, omission,
inconsistency or other defect creates a problem which cannot reasonably be corrected without a
change in the Basic Configuration, the Contract Drawings/ROW Plans, as appropriate).
2.5 Design Documents
The Contractor shall furnish the Design Documents to the County and shall obtain the County's
Acceptance of the Final Design Documents as specified in Book 2, Section 3 — Quality
Management. The Contractor shall construct the Project in accordance with the Final Design
Documents. The Final Design Documents may be changed only with the County's Approval of
Field Design Change Documents or through County -Directed Changes. Such Approval(s) shall
be timely considered and shall not be unreasonably withheld.
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
3.0 INFORMATION SUPPLIED TO CONTRACTOR; RESPONSIBILITY FOR DESIGN;
DISCLAIMER
3.1 Information Supplied
The County has made available to the Contractor information, which is described in the Contract
Documents and certain Reference Documents regarding the Project, and has allowed the
Contractor access to the Site for purposes of inspection and testing.
3.2 Responsibility for Design
The Contractor agrees that it has full responsibility for the design of the Project and that the
Contractor shall furnish the design of the Project, regardless of the fact that certain conceptual
design work occurred and was provided to the Contractor prior to the date of execution of the
Contract. The Contractor specifically acknowledges and agrees that:
1. AREs approved by the County and included in Contractor's Proposal and Approved
ATCs (including conditions specified by the County in its Approval) are incorporated
into and are a part of the Basic Configuration.
2. The Basic Configuration is preliminary and conceptual in nature.
3. The Contractor is not entitled to rely on and has not relied on: (i) the Reference
Documents; or (ii) any other documents or information provided by the County, except to
the extent specifically permitted in the Contract Documents.
4. The Contractor is responsible for correcting any Errors in the Basic Configuration
through the design and/or construction process as set forth in Book 2 without any
increase in the Contract Price or extension of a Completion Deadline, subject only to the
right to a Change Order for a Necessary Design Change.
5. The Contractor's Warranties and indemnities hereunder cover Errors in the Project even
though they may be related to Errors in the Basic Configuration or Reference Documents,
subject to the terms of Section 2.4.3.
3.3 Disclaimer
3.3.1 No Liability Regarding Reference Documents
The Contractor understands and agrees that the County shall not be responsible or liable in any
respect for any loss, damage, injury, liability, cost or cause of action whatsoever suffered by any
Contractor -Related Entity by reason of any use of any information contained in the Reference
Documents or any action or forbearance in reliance thereon, except to the extent that the County
has specifically provided in the Contract Documents that the Contractor shall be entitled to an
increase in the Contract Price and/or extension of a Completion Deadline with respect to such
matter. The Contractor further acknowledges and agrees that: (i) if and to the extent the
Contractor or anyone on the Contractor's behalf uses any of said information in any way, such
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
use is made on the basis that the Contractor, not the County, has approved and is responsible for
said information; and (ii) the Contractor is capable of conducting and obligated hereunder to
conduct any and all studies, analyses and investigations as it deems advisable to change, recreate,
verify or supplement said information, and that any use of said information is entirely at the
Contractor's own risk and at its own discretion.
3.3.2 No Representation or Warranty Regarding Basic Configuration and Reference
Documents
THE COUNTY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION
CONTAINED IN THE BASIC CONFIGURATION AND REFERENCE DOCUMENTS IS
EITHER COMPLETE OR ACCURATE OR THAT SUCH INFORMATION CONFORMS TO
THE REQUIREMENTS OF THE CONTRACT DOCUMENTS. THE FOREGOING SHALL
IN NO WAY AFFECT THE COUNTY'S AGREEMENT HEREIN TO ISSUE CHANGE
ORDERS IN ACCORDANCE WITH SECTION 13.
3.4 Professional Licensing Laws
The County does not intend to contract for, pay for, or receive any design services that are in
violation of any professional licensing laws, and by execution of the Contract, the Contractor
acknowledges that the County has no such intent. It is the intent of the parties that the
Contractor is fully responsible for furnishing the design of the Project, although the fully
licensed design firm(s) or individuals designated herein will perform the design services required
by the Contract Documents. Any references in the Contract Documents to the Contractor's
responsibilities or obligations to "perform" the design portions of the Work shall be deemed to
mean that the Contractor shall "furnish" the design for the Project. The terms and provisions of
this Section 3.4 shall control and supersede every other provision of the Contract Documents.
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
4.0 TIME WITHIN WHICH PROJECT SHALL BE COMPLETED; SCHEDULING
4.1 Time of Essence
Time is of the essence of the Contract.
4.2 Notices to Proceed
4.2.1 Issuance of Notice -to -Proceed 1 (201 S)
The Contractor shall begin performance of certain limited Work as directed and described in
Notice -to -Proceed 1 (NTP1) issued by the County. The amount to be paid to the Contractor for
Work performed pursuant to NTP 1 shall not exceed the maximum amount payable for NTP 1 as
outlined in Book 2, Section 2.1.2. The County shall issue NTP1 upon Acceptance of the Initial
Schedule in accordance with Book 2, Section 2 (Project Management) and Approved Quality
Management Plan (QMP) in accordance with Book 2, Section 3 (Quality Management). The
Contractor shall submit the QMP for design -related work to Weld County for approval prior to
commencing any design -related work for NTP1. The entire QMP for all remaining work on the
Project must have Weld County's approval before commencing any construction -related work
for NTP 1 or subsequent NTPs. The Contractor shall fully implement the approved QMP. Within
ten Working Days after Contractor's submittal of the Initial Schedule to the County, the County
shall either accept the Initial Schedule and issue NTP 1 or provide Contractor with reasons why it
is unable to Accept the Initial Schedule. In the event that the County fails to either Accept the
Initial Schedule and issue NTP 1 or provide reasons why it is unable to Accept the Initial
Schedule within ten Working Days after Contractor's submittal of the Initial Schedule to the
County, such delay thereafter shall constitute a County -Caused Delay.
4.2.2 Issuance of Notice -to -Proceed 2 (2016)
The Contractor shall begin performance of the remainder of the Work as directed and described
in Notice -to -Proceed 2 (NTP2) issued by the County. The amount to be paid to the Contractor
for Work performed pursuant to NTP2 shall not exceed the maximum amount payable for NTP2
as outlined in Book 2, Section 2.1.2.
4.2.3 Issuance of Notice -to -Proceed 3 (2017)
The Contractor shall begin performance of the remainder of the Work as directed and described
in Notice -to -Proceed 3 (NTP3) issued by the County. The amount to be paid to the Contractor
for Work performed pursuant to NTP3 shall not exceed the maximum amount payable for NTP3
as outlined in Book 2, Section 2.1.2.
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
4.3 Completion Deadlines
4.3.1 Project Completion Deadline
The Contractor shall achieve Project Completion within the deadline therefore set on Exhibit B.
Said Deadline, as it may be extended hereunder, is referred to as the "Project Completion
Deadline."
4.3.2 Final Acceptance Deadline
The Contractor shall achieve Final Acceptance within 90 days after Project Completion
Deadline. Said deadline for Final Acceptance, as it may be extended hereunder, is referred to as
the "Final Acceptance Deadline."
4.3.3 No Time Extensions
Except as otherwise specifically provided in this Section and Section 13, the County shall have
no obligation to extend the Completion Deadline and the Contractor shall not be relieved of its
obligation to comply with the Contract Schedule and Final Acceptance Deadline by the
applicable Completion Deadline for any reason.
4.4 Contract Schedules
The Contractor shall deliver the Work in accordance with the Contract Schedules, as described in
Book 2, Section 2 (Project Management). Such schedules shall also be the basis for determining
the amount of monthly progress payments to be made to the Contractor.
4.5 Recovery Schedule
The Contractor shall submit a Recovery Schedule in accordance with Book 2, Section 2 (Project
Management). All costs incurred by Contractor in preparing and achieving the Recovery
Schedule shall be borne by Contractor and shall not result in a change to the Contract Price,
except to the extent that a change in the Contract Price is permitted in accordance with Section
13.
If a Recovery Schedule would be required in order to meet a Completion Deadline due to an
event which is the County's responsibility as described in Section 13.3.1.2, the County shall have
the right in its sole discretion to decide whether to allow a time extension (with no extended
overhead or other delay or disruption damages payable except as provided in Section 13.5.2) or
to require implementation of the Recovery Schedule without such time extension. In such event
Contractor shall submit to the County at least two alternative Change Order forms, one of which
shall include a Recovery Schedule and show the proposed Acceleration Costs associated with the
Recovery Schedule, and the other of which shall provide for an extension of the Completion
Deadline without any increase in the Contract Price except as provided in Sections 13.3.1.1 and
13.5.2. If the County elects to implement the Recovery Schedule in lieu of a time extension, the
County shall issue a Change Order increasing the Contract Price to account for additional
Acceleration Costs, if any. If it is not feasible to recover to the original Completion Deadline or
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
if Contractor believes that the costs associated with such a recovery are prohibitive, then the
Contractor shall recommend a date to be shown in the alternative Change Order form.
In the event that the Contractor fails to provide an Approved Recovery Schedule within 30 days
from the Contractor's receipt of a notice to do so, the Contractor shall have no right to receive
progress payments until such time as Contractor has prepared and the County has Approved such
Recovery Schedule.
4.6 Prerequisites for Start of Construction
The Contractor shall not start construction (or recommence construction following any
suspension) of any portion of the Project until all the following events have been fully satisfied
with respect to the Work proposed to be constructed.
1. The County has issued a construction NTP.
2. All Governmental Approvals necessary for construction of such portion of the Project
have been obtained and all conditions of such Governmental Approvals that are a
prerequisite to commencement of such construction have been performed.
3. All insurance policies and bonds required to be delivered to the County hereunder have
been received and Accepted or Approved by the County as applicable and remain in full
force and effect.
4. All necessary rights of access for such portion of the Project have been obtained.
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
5.0 CONTROL OF WORK
5.1 Control and Coordination of Work
The Contractor shall be solely responsible for and have control over the construction means,
methods, techniques, sequences, procedures, and Site safety, and shall be solely responsible for
coordinating all portions of the Work under the Contract Documents, subject, however, to all
requirements contained in the Contract Documents.
5.2 Safety
The Contractor shall take all reasonable precautions and be solely responsible for the safety of,
and shall provide protection to prevent damage, injury, or loss to, all persons on the Site or who
would reasonably be expected to be affected by the Work, including individuals performing
Work, employees of the County and its consultants, visitors to the Site and members of the
public who may be affected by the Work. The Contractor shall at all times comply with its
Safety Management Plan. The Contractor shall immediately notify the County if the Contractor
believes that any Contract requirement creates a safety risk.
5.3 Process to be Followed for Discovery of Certain Site Conditions
5.3.1 Notification to the County
If the Contractor becomes aware of: (i) any on -Site material that the Contractor believes may
contain Hazardous Substances that is required to be removed or treated; (ii) any paleontological,
cultural or biological resources; or (iii) any Differing Site Conditions, as a condition precedent to
the Contractor's right to a Change Order, the Contractor shall immediately notify the County
thereof by telephone or in person, to be followed by written notification as soon as practicable.
The Contractor shall immediately stop Work in and secure the area. In such event, the County
will view the location within two Working Days of receipt of notification, and will advise the
Contractor at that time whether to resume Work or whether further investigation is required.
Any delay resulting from the County viewing the location up to two Working Days shall not be
considered a the County -Caused Delay.
5.3.2 Further Investigation
The Contractor shall promptly conduct such further investigations as the County deems
appropriate. Within five Working Days after its initial notice to the County, the Contractor shall
advise the County of any action recommended to be taken regarding the situation in writing. If
Hazardous Substances are involved, the notice shall describe the type of Remediation Work, if
any, which the Contractor proposes to undertake with respect thereto. If paleontological,
cultural, or biological resources are present, the notice shall advise the County what course of
action the Contractor intends to take with respect thereto and whether the location should be
fenced off or whether Work can resume. The County then will determine whether the
Contractor's findings and proposed actions are acceptable and, in writing, either Approve, or
require modification of, the Contractor's proposed actions.
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
5.3.3 Recommence Work
The County shall have the right to require the Contractor to recommence Work in the area at any
time, even though an investigation may still be ongoing (so long as such Work is not in violation
of any Legal Requirements or Governmental Approvals). The Contractor shall promptly
recommence Work in the area upon receipt of notification from the County to do so. On
recommencing Work, the Contractor shall follow all applicable procedures contained in the
Contract Documents and all other Legal Requirements with respect to such Work, consistent
with the County's determination or preliminary determination regarding the nature of the
material, resources, species or condition.
5.4 Obligation to Minimize Impacts
The Contractor shall ensure that all of its Activities and the Activities of all Contractor -Related
Entities are undertaken in a manner that will minimize the effect on surrounding property and the
public to the maximum extent practicable.
5.5 Quality Management
5.5.1 Contractor Quality Management
The Contractor shall perform the quality management necessary for the Contractor to comply
with its obligations under the Contract Documents.
5.5.2 Oversight, Verification, Inspection, and Testing by the County and Others
All materials and each part or detail of the Work shall also be subject to oversight, verification
and testing by the County and other Persons designated by the County. Contractor shall not be
relieved of obligations to perform the Work in accordance with the Contract Documents, or any
of its Warranty obligations, by oversight, spot checks, audits, verifications, reviews, tests,
inspections, acceptances or approvals performed by any Persons, or by any failure of any Person
to take such action. The Contractor hereby consents to such oversight, inspection and testing.
Upon request from the County, the Contractor shall furnish information to such Persons as are
designated in such request and shall permit such Persons access to the Site and all parts of the
Work. Oversight, verification, audit, inspection and/or testing do not make any Person who
performs such oversight, verification, audit, inspection and/or testing a party to the Contract nor
will it change the rights of the parties hereto.
When any Utility Owner is to accept or pay for a portion of the cost of the Work, its respective
representatives have the right to oversee, verify, audit, inspect and test the Work.
5.5.3 Obligation to Uncover Finished Work
At all times before Final Acceptance, the Contractor shall remove or uncover such portions of
the finished construction Work as directed by the County. After examination by the County, the
Contractor shall restore the Work to the standard required by the Contract Documents. If the
Work exposed or examined is not in conformance with the requirements of the Contract
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
Documents, then the cost of uncovering, removing and restoring the Work and recovery of any
delay to the Critical Path occasioned thereby shall be at the Contractor's expense and the
Contract Price shall not be increased as a result. If Work exposed or examined under this
Section 5.5.3 is in conformance with the requirements of the Contract Documents, then any
delay in the Critical Path from uncovering, removing and restoring Work shall be considered a
the County -Caused Delay, and the Contractor shall be entitled to a Change Order for the cost of
such efforts and recovery of any delay to the Critical Path occasioned thereby, subject to the
provisions of Section 13. Refer to Section 5.7 for provisions regarding payments owing by the
Contractor to the County, if the County agrees (in its sole discretion) to Accept certain
Nonconforming Work.
5.6 Effect of Oversight, Spot Checks, Verifications, Tests, Acceptances, and
Approvals
5.6.1 Oversight and Acceptance
The Contractor shall not be relieved of its obligation to perform the Work in accordance with the
Contract Documents, or any of its other obligations under the Contract Documents, by oversight,
spot checks, verifications, reviews, tests, inspections, Acceptances, or Approvals by any Persons,
or by any failure of any Person to take such action. The oversight, spot checks, verifications,
audits, reviews, tests, inspections, Acceptances, and Approvals by any Person do not constitute
Final Acceptance of the particular material or Work, or waiver of any legal or equitable right
with respect thereto. The County may reject or require the Contractor to remedy any
Nonconforming Work and/or identify additional Work which must be done to bring the Project
into compliance with Contract requirements at any time prior to Final Acceptance, whether or
not previous oversight, spot checks, verifications, audits, reviews, tests, inspections,
Acceptances, or Approvals were conducted by any Person.
5.6.2 No Estoppel
The County shall not be precluded or estopped by any measurement, estimate, or certificate
made either before or after Final Acceptance and payment therefore, from making a
determination that any such measurement, estimate or certificate is incorrectly made or untrue, or
from showing the true amount and character of the work performed and materials furnished by
the Contractor, or from making a determination that the work or materials do not conform in fact
to the requirements of the Contract Documents. Notwithstanding any such measurement,
estimate or certificate, or payment made in accordance therewith, the County shall not be
precluded or estopped from recovering from the Contractor and its Surety(ies) such damages as
the County may sustain by reason of the Contractor's failure to comply or to have complied with
the terms of the Contract Documents.
5.7 Nonconforming Work
5.7.1 Rejection, Removal, and Replacement of Work
Subject to the County's right, in its sole discretion, to Accept or reject Nonconforming Work, the
Contractor shall remove and replace rejected Nonconforming Work so as to conform with the
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
requirements of the Contract Documents, at the Contractor's expense and without any time
extension; and the Contractor shall promptly take all action necessary to prevent similar
deficiencies from occurring in the future. The fact that the County may not have discovered the
Nonconforming Work shall not constitute an Acceptance of such Nonconforming Work. If the
Contractor fails to correct any Nonconforming Work within five days of receipt of notice from
the County requesting correction (or, for Nonconforming Work which cannot be corrected within
five days, if the Contractor fails to provide to the County a schedule for correcting any such
Nonconforming Work Approved by the County within such five-day period, begin correction
within such five-day period and thereafter diligently prosecute such correction in accordance
with such Approved schedule to completion), then the County may cause the Nonconforming
Work to be remedied or removed and replaced, and may deduct the cost of doing so from any
moneys due or to become due the Contractor and/or obtain reimbursement from the Contractor
for such cost.
S. 7.2 Nonconforming Work Pay Adjustment
The County may, in its sole discretion, Accept any Nonconforming Work without requiring it to
be fully corrected, and shall be entitled to a pay adjustment (or reimbursement of a portion of the
Contract Price, if applicable). In such event, the County shall be entitled to reimbursement of a
portion of the Contract Price. In certain events, however, it may not be possible for the
Nonconforming Work to be made to conform to the requirements of the Contract Documents,
including, but not limited to, the Contractor's failure to perform required items during a required
time period. In general, the pay adjustment (or reimbursement) shall equal, at the County's
election: (i) the amount allocated to such Work in the Contract Schedule; (ii) the Contractor's
cost savings associated with its failure to perform the Work in accordance with the Contract
requirements; or (iii) the amount deemed appropriate by the County to provide compensation for
impacts to affected parties such as future maintenance and/or other costs relating to the
Nonconforming Work. In certain events, the County shall be entitled to a pay adjustment (or
reimbursement) as expressly set forth elsewhere in the Contract Documents. Such
reimbursement shall be deducted from future payments or, if future payments are insufficient to
cover the amount owing, shall be payable to the County within 30 days after Contractor's receipt
of an invoice therefore.
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
6.0 ACCESS TO SITE, UTILITY RELOCATIONS, ENVIRONMENTAL MITIGATION
Access to Site
Access to Right -of -Way Identified on Right -of -Way Plans
Obligation to Provide Access to Right -of -Way
The County has identified certain ROW to be used for permanent improvements included in the
Project (the "ROW Plans"), which are depicted in Book 4. The County will provide access to
the ROW identified on the ROW Plans in accordance with Book 2, Section 8.
6.1.1.2 Right -of -Way Access Requirements
Concurrently with review of the Original Baseline Schedule, the Contractor and the County shall
discuss the access requirements for the ROW identified on the ROW Plans associated with the
scheduled Activities. The Contractor and the County may agree to revise the ROW schedule set
forth in Book 2, Section 8, Appendix B in writing and enter into a no -cost Change Order. The
Contractor shall be provided access to those parcels identified on the ROW Plans in accordance
with the ROW schedule or as modified by the parties.
6.1.1.3 Delay in Providing Access
If the County at any time determines it will be unable to provide access to a particular parcel in
accordance with the ROW schedule, the County shall notify the Contractor regarding the revised
projected date for delivery of access. The Contractor shall take appropriate action to minimize
any cost and time impact and shall work around such parcel until access can be provided,
including rescheduling and re -sequencing Work so as to avoid any delay to the Project. Subject
to Section 6.1.1.4, to the extent that a delay to the Critical Path cannot be avoided due to not
providing access to a parcel(s) in accordance with the ROW schedule, such delay shall be
considered a County -Caused Delay.
6.1.1.4 Obligation to Provide Written Notice
In addition to the requirements of Section 6.1.1.3, and as a necessary condition for obtaining any
increase in the Contract Price or extension of a Completion Deadline related to the County's
delivery of access to the parcels identified on the ROW Plans, the Contractor shall provide the
County written notice within three Working Days after receipt of a revised projected date if the
lack of availability will result in an impact to the cost or schedule.
6.1.2 Access to Right -of -Way Not Identified on Right -of -Wiry Plans
6.1.2.1 Unidentified Right -of -Way as Result of a the County -Directed Change
Any ROW not identified on the ROW Plans that is required as the result of a Necessary Design
Change shall be the responsibility of the Contractor to obtain.
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
6.1.2.2 Right -of -Way Associated with Value Engineering Change Proposal
The cost of obtaining any ROW not identified on the ROW Plans associated with a Value
Engineering Change Proposal (VECP) will be included in determining the Contract Price
adjustment under Section 12.
6.1.2.3 Preparation of Documents
Contractor shall prepare all documents described in Book 2, Section 8 and shall deliver them to
the County in sufficient time to allow review and Approval prior to the date the transfer is
scheduled to occur. Additional requirements applicable to Contractor are set forth in Book 2,
Section 8.
6.1.2.4 Reimbursement of County Costs
The Contractor shall reimburse the County for any costs (including reasonable attorneys',
accountants' and expert witness fees and costs) of acquiring any real property that is not the
County's responsibility under Sections 6.1.1.1, 6.1.2.1 or 6.1.2.2 which the Contractor
determines is necessary or advisable in order to complete the Project, including obtaining any
Temporary Easements. The County may deduct such amounts from payments otherwise owing
hereunder, or may invoice the Contractor. The Contractor shall reimburse the County for any
such amounts paid by the County within ten days after receipt of an invoice from the County
therefore.
6.1.2.5 Additional Requirements
Additional requirements applicable to the Contractor are set forth in Book 2, Section 8.
6.1.3 Failure to Have Necessary Rights of Access
If the Contractor enters any property in connection with the Project without having all necessary
rights of access, the County may, in its sole discretion, obtain consent from the landowner. The
Contractor shall be responsible for all costs incurred by the County as a result thereof, and for
Liquidated Damages as described in Section 17.1.
6.2 Utility Relocations
This Section 6.2 describes how the risk of increased costs and delays associated with the Utility
Work is allocated between the County and the Contractor through the Change Order process, and
contains certain additional terms relating to Utility Work to supplement those set forth in Book 2,
Section 7.0. The Contractor agrees that: (i) the Contract Price covers all of the Utility Work to be
furnished or performed by the Contractor described in Book 2, Section 7.0 and in this Section
6.2; and (ii) it is feasible to obtain and/or perform all necessary Utility Work (for both Public
Utilities and Private Utilities) within the time deadlines of the Contract Documents. Per
Addendum 15, Item 7, schedule delays due to relocations of utilities and/or oil/gas facilities are
eligible for a change order increasing the contract time, but are not eligible for a change order
increasing the contract price. Accordingly, the Contractor shall be entitled to receive a Change
Order for additional costs and delays associated with the Utility Work only as permitted by this
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
Section 6.2 or in circumstances for which such a Change Order is otherwise permitted under
Section 13 (such as for County -Directed Changes which increase the Utility Work to be
furnished or performed by the Contractor). A deductive Change Order for reductions in the
Utility Work to be furnished or performed by the Contractor shall be issued only in
circumstances for which a deductive Change Order is otherwise permitted under Section 13.
Notwithstanding the foregoing, the Contractor's entitlement to any Change Orders pursuant to
Section 13 relating to the Utility Work shall be subject to any applicable limitations and
restrictions set forth in this Section 6.2, and the Contractor's entitlement to any Change Orders
pursuant to this Section 6.2 shall be subject to the limitations, restrictions and procedures set
forth in Section 13.
6.2.2 Reserved
6.2.3 Betterments and Requested Relocations
Utility Betterments and Requested Relocations may be added to the Work pursuant to this
Section 6.2.3 and Book 2, Section 7.
6.2.3.1 Procedure
Any Utility Owners may request the County to permit the Contractor to perform work relating to
Betterments or Requested Relocations as a part of the Work, at the Utility Owner's expense. If
the County Approves any such request, the Contractor will have the obligation to perform such
work, with the right to receive additional payment and, if applicable, an extension of the
Completion Deadline as provided in Section 6.2.4.2. The price charged by the Contractor for
such Betterment or Requested Relocation shall be either a lump sum amount negotiated with the
Utility Owner or determined on a time and materials cost basis as specified below. Any
extension of the Completion Deadline or Contract Price increase requested for any Betterment or
Requested Relocation shall be subject to the requirements of Sections 6 and 13, as applicable.
The County will Approve the addition of a Betterment or Requested Relocation to the scope of
the Work under this Section 6 only if: (i) the Utility Owner has agreed to the addition of such
Betterment or Requested Relocation to the Work; (ii) such Betterment is compatible with the
Project; (iii) the Utility Owner has agreed to reimburse the Contractor for all the costs thereof;
(iv) the Utility Owner has agreed as to the method (negotiated lump sum amount, or time and
materials cost basis) of pricing such Work; and (v) it is feasible to separate the cost/pricing of the
Betterment or Requested Relocation work from that for any related Utility Work being furnished
or performed by the Contractor. The Contractor shall provide the County with such information,
analyses and certificates as may be requested by the County in connection with its Approval.
Any change in the scope of the Work pursuant to this Section 6.2.3 shall not be considered a
County -Directed Change.
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
6.2.4 Utility Delays
6.2.4.1 Allocation of Risk
If aggregate Utility Delays caused by an individual Utility Owner exceed 5 days, and the
Completion Deadline is affected thereby, the Contractor may be entitled to an extension of the
Completion Deadline as provided in Section 6.2.4.2.
6.2.4.2 Conditions to Extensions for Utility Delays
With respect to each Utility Delay claimed by the Contractor, the Contractor shall not be entitled
to any extension of the Completion Deadline unless all of the following conditions are satisfied:
1. The Contractor has provided evidence reasonably satisfactory to the County that: (i) the
Contractor has fulfilled its obligation under the applicable Utility Relocation
Agreement(s) to coordinate with the Utility Owner to prevent or reduce such delays; and
(ii) the Contractor has otherwise made diligent efforts to obtain the timely cooperation of
the Utility Owner but has been unable to obtain such timely cooperation.
2. If the Contractor is responsible for the Relocation, the Contractor has provided a
reasonable Relocation plan to the Utility Owner and the Contractor has obtained, or is in
a position to timely obtain, all applicable approvals, authorizations, certifications,
consents, exemptions, filings, leases, licenses, permits, registrations, options, and/or
rulings required by or with any Governmental Person in order to design and construct
such Relocations.
3. No circumstances exist which have delayed or are delaying the affected Relocation, other
than those which fit within the definition of a Utility Delay.
6.2.4.2.1 Delay Damages
The Contractor shall be entitled to a delay and/or disruption contract time extensionfor Utility
Delays only in the circumstances described in, and to the extent provided, in Section 13.5.2.
6.2.5 Certain Obligations of Contractor
6.2.5.1 Multiple Relocations of the Same Utility
The Contractor shall avoid multiple relocations of the same Utility, whether by the Utility Owner
or by the Contractor. Accordingly, after a Utility has been relocated once in order to
accommodate the Project based on the Contractor's design, the Contractor shall be responsible
for all costs incurred by either the Contractor or the Utility Owner in order to subsequently
relocate such Utility to accommodate the Project. If the Utility Owner performs such subsequent
Relocation, then the Contractor shall reimburse the Utility Owner for such subsequent relocation.
If the Contractor performs such subsequent Relocation, then the Contractor shall not receive any
extension of the Completion Deadline or increase in the Contract Price on account of the
performance of such subsequent Relocation.
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
6.2.5.2 Minimizing the County's Reimbursement Obligation
In designing and constructing the Project, the Contractor shall take all reasonable steps to
minimize costs to the Utility Owners under the Utility Relocation Agreements, to the extent
practicable and otherwise consistent with other requirements of the Contract Documents.
6.2.6 Additional Restrictions on Change Orders
In addition to all of the other requirements and limitations contained in Section 13 and the
Addendums, the entitlement of the Contractor to any Change Order under this Section 6.2 shall
be subject to the restrictions and limitations set forth in this Section 6.2.
6.2.6.1 Burden of Proof
For Relocations, the Contractor shall bear the burden of proving that the Relocation cannot
reasonably be avoided.
6.2.6.2 Coordination Costs
The Contractor shall not be entitled to an increase in the Contract Price for any costs of
coordinating with Utility Owners or for assisting the County in coordinating with Utility Owners.
6.2.6.3 Voluntary Action by Contractor
If the Contractor elects to make payments to Utility Owners or to undertake any other efforts
which are not required by the terms of the Contract Documents, the Contractor shall not be
entitled to a Change Order in connection therewith. The Contractor shall promptly notify the
County of the terms of any such arrangements.
6.3 Environmental Compliance
In performance of the Work, the Contractor shall comply with all requirements of all applicable
Environmental Laws and Governmental Approvals issued there under, whether obtained by the
County or the Contractor. The Contractor acknowledges and agrees that it will be responsible
for all fines and penalties that may be assessed in connection with any failure to comply with
such requirements.
6.3.1 Mitigation Requirements
The Contractor shall perform all environmental mitigation measures (which term shall be
deemed to include all requirements of the Environmental Approvals and similar Governmental
Approvals, regardless of whether such requirements would be considered to fall within a strict
definition of the term) for the Project except the environmental mitigation measures the County
has agreed to perform or provide. The Contract Price includes compensation for the Contractor's
performance of all such mitigation measures and for performance of all mitigation measures
arising from New Environmental Approvals which Section 6.3 designates as the Contractor's
responsibility as well as the cost of all Activities to be performed by the Contractor as described
in Book 2, Section 5.
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
6.3.2 New Environmental Approvals
6.3.2.1 Approvals to be Obtained by the County
The County shall be responsible for obtaining any New Environmental Approvals necessitated
by a Necessary Design Change or Force Majeure event. The Contractor shall provide support
services to the County with respect to obtaining any such New Environmental Approval. Any
Change Order covering a Necessary Design Change shall include compensation to the Contractor
for any changes in the Work (including performance of additional mitigation measures but
excluding performance of such support services) resulting from such New Environmental
Approvals, as well as any time extension necessitated by the Necessary Design Change, subject
to the conditions and limitations contained in Section 13.
6.3.2.2 Approvals to be Obtained by Contractor
If a New Environmental Approval becomes necessary for any reason other than those specified
in Section 6.3.2.1, the Contractor shall be fully responsible for obtaining the New Environmental
Approval and any other environmental approvals that may be necessary, and for all requirements
resulting there from, as well as for any litigation arising in connection therewith. The County
will reasonably assist the Contractor in obtaining any New Environmental Approvals. If the
New Environmental Approval is associated with a VECP or Negotiated Change, the costs of
obtaining and complying with the terms of the New Environmental Approval shall be considered
in determining the Contract Price adjustment under Section 12.
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
7.0 EQUAL EMPLOYMENT OPPORTUNITY; SUBCONTRACTS; LABOR
7.1 Equal Employment Opportunity
7.1.1 Equal Employment Opportunity Policy
The Contractor confirms that it has an equal employment opportunity policy ensuring equal
employment opportunity without regard to race, color, national origin, sex, age, religion or
handicap; and that it maintains no employee facilities segregated on the basis of race, color,
religion or national origin.
7.1.2 Non -Discrimination
The Contractor shall comply with all applicable Legal Requirements that enumerate unlawful
employment practices including discrimination because of race, religion, color, gender, age,
disability, or national origin, and that define actions required for affirmative action and
minority/disadvantaged business programs. The Contractor shall not discriminate against any
employee or applicant for employment because of race, color, national origin, religion, sex, age
or handicap. The Contractor shall take affirmative action to ensure that applicants are employed,
and that employees are treated during employment without regard to their race, color, national
origin, religion, gender, age or handicap. Such action shall include 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 setting forth the provisions of this nondiscrimination clause.
7.1.3 Inclusion in Subcontracts
The Contractor shall include Sections 7.1.1 and 7.1.2 in every Subcontract over $10,000
(including purchase orders), and shall require that they be included in all Subcontracts over
$10,000 at lower tiers, so that such provisions will be binding upon each Subcontractor.
7.2 Limitation on Subcontracted Work
The Submitter shall perform at least 30 percent of the construction Work, and the Major
Participant responsible for design shall perform at least 30 percent of the design Work. The
percentage of construction Work sublet shall be determined by dividing the total dollar value of
the Subcontracts for construction Work, excluding any Subcontracts with Major Participants but
including any lower tier Subcontracts through Major Participants, by the portion of the Contract
Price allocable to construction Work (as determined by the County). The percentage of design
Work sublet shall be determined by dividing the total dollar value of the lower tier design
Subcontracts by the total dollar value of the prime design Subcontract(s); (i.e. the Subcontract(s)
between the Contractor and the Major Participant(s) responsible for design).
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Weld County, Colorado
PROJECT NO. B 1400202
Book 1 - Contract
7.3 Subcontracting Requirements
The Contractor shall comply with all applicable requirements of the Contract Documents relating
to Subcontracts, and shall ensure that its Subcontractors (at all tiers) comply with all applicable
requirements of the Contract Documents relating to subcontracting. The Contractor shall not
add, delete, or change the role of, any Major Participant without the prior written Approval of the
County.
7.4 Assignment of Subcontract Rights
Each Subcontract shall provide that, pursuant to terms in form and substance satisfactory to the
County: (i) the County is a third party beneficiary of the Subcontract and shall have the right to
enforce all terms of the Subcontract for its own benefit; and (ii) all guarantees and warranties,
express and implied, shall inure to the benefit of the County as well as the Contractor. Any
acceptance of assignment of a Subcontract from the County, its successor(s), or assign(s) shall
not operate to make the assignee(s) responsible or liable for any breach of the Subcontract by the
Contractor or for any amounts due and owning under the Subcontract included in an invoice paid
by the County.
7.5 Subcontract Terms
Each Subcontract shall include terms and conditions sufficient to ensure compliance by the
Subcontractor with all applicable requirements of the Contract Documents, and shall include
provisions addressing the following requirements as well as any other terms that are specifically
required by the Contract Documents to be included therein:
1. The Subcontract shall provide for retainage to be withheld and released in accordance
with CDOT Standard Specifications for Road and Bridge Construction, No. 109.06.
2. Each Subcontract, with the exception of any Subcontract for Project Management,
Public Information, Quality Control, and Warranty Work, shall include terms that are
substantially similar to those terms required by Sections 5.1, 5.2, 5.3, 5.4, 7.1, 7.2, 7.4,
9.2.1, 13.7, 14, 15, 19, 22, 23, 24.6, specifically including an agreement by the
Subcontractor to be joined in any dispute
resolution proceeding pursuant to Section 19 if such joinder is reasonably necessary to
resolve the dispute; and each Subcontract other than Subcontracts with Suppliers shall
include terms that are substantially similar to those contained in Sections 2.2(5), 2.2(6),
2.2(9), 10.4, 21.2 (as appropriate), 21.3, 21.4, and 23.
7.6 Subcontract Data
The Contractor shall notify the County, in writing, of the name and address of, and licenses held
by, each Subcontractor (excluding Suppliers), as soon as the potential Subcontractor has been
identified by Contractor, but in no event less than 14 days prior to the scheduled initiation of
Work by such proposed Subcontractor. The Contractor shall provide the County with a list of its
Subcontractors (including Suppliers) from time to time upon request by the County; shall allow
the County access to all Subcontracts and records regarding Subcontracts; and shall deliver to the
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
County, within ten days after execution, copies of all Subcontracts with Major Subcontractors
and, within ten days after receipt of a request from the County, copies of all other Subcontracts.
7.7 Responsibility for Work by Subcontractors
Notwithstanding any Subcontract or agreement with any Subcontractor, the Contractor shall be
fully responsible for all of the Work. the County shall not be bound by any Subcontract, and no
Subcontract shall include a provision purporting to bind the County.
7.8 Key Personnel
7.8.1 Key Personnel
Exhibit C hereto identifies certain key positions for the Project. The Contractor may, with the
County's approval, add key positions at no cost to the County. the County shall have the right to
review the qualifications and character of each individual to be assigned to a key position
(including personnel employed by Subcontractors) and to Approve or disapprove use of such key
person in such key position prior to the commencement of any Work by such individual or
during the prosecution of the Work. The Contractor shall notify the County in writing of any
proposed changes in any Key Personnel, and shall include a resume of proposed Key Personnel.
The Contractor shall not change any Key Personnel without the prior written Approval of the
County.
7.8.2 Representations, Warranties, and Covenants
The Contractor acknowledges and agrees that the award of the Contract by the County to the
Contractor was based, in large part, on the qualifications and experience of the personnel listed
in the Statement of Qualifications and the Proposal, and the Contractor's commitment that such
individuals would be available to undertake and perform the Work. The Contractor represents,
warrants and covenants that such individuals are available for and will fulfill the roles identified
for them in the Statement of Qualifications and the Proposal in connection with the Work.
Unless otherwise agreed to by the County in writing, individuals filling Key Personnel roles shall
devote a sufficient amount of their time for the applicable role with respect to the prosecution
and performance of the Work and the Contractor shall document such commitment to the
County's satisfaction upon the County's request.
7.9 Character of Workers
All individuals performing the Work shall have the skill and experience and any licenses or
certifications required to perform the Work assigned to them. If the County determines in its
sole discretion that any Person employed by the Contractor or by any Subcontractor is not
performing the Work properly and skillfully, or who is intemperate or disorderly, then, at the
written request of the County, the Contractor or such Subcontractor shall remove such Person
from the Project and such Person shall not be re-employed on the Project without the prior
Approval of the County in its sole discretion. If the Contractor or the Subcontractor fails to
remove such Person(s) or fails to furnish skilled and experienced personnel for the proper
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
performance of the Work, then the County may, in its sole discretion, suspend the affected
portion of the Work by delivery of written notice of such suspension to the Contractor. Such
suspension shall in no way relieve the Contractor of any obligation contained in the Contract
Documents or entitle the Contractor to a Change Order. Once compliance is achieved, the
Contractor shall be entitled to and shall promptly resume the Work.
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
8.0 SURETY BONDS
The Contractor shall provide to the County and maintain at all times during the term of the
Contract Security for performance of the Work as described below (or other assurance
satisfactory to the County in its sole discretion). Each bond required hereunder shall be provided
by a Surety licensed as surety and qualified to do business in the State. The Contractor shall
obtain the bonds from a surety with an investment grade rating to ensure the completion of the
Contract or shall be required to obtain a letter of credit from a bank or other financial institution
with an investment grade rating of A or better to ensue completion of the Contract upon terms
acceptable to the Weld County.
8.1 Proposal Bond
The Contractor has provided the Proposal Bond in the form attached to the ITP as Form L in the
amount of five percent of the Contract price.
8.2 Performance Bond
The Contractor has provided the Performance Bond in the form attached to the ITP as Form O in
the amount of the Fixed Contract Price.
8.3 Payment Bond
The Contractor has provided the Payment Bond in the form attached to the ITP as Form N in the
amount of the Fixed Contract Price Price. The Payment Bond shall be released one year after the
later to occur of Final Acceptance or the County's receipt of satisfactory evidence that all
Persons performing any of the Work of the type described in C.R.S. § 38-26-105 and § 38-26-
106 have been fully paid.
8.4 Utility Work
The Utility Work furnished or performed by the Contractor hereunder may have bond
requirements separate from the bond required pursuant to Section 8.0. All cost estimates
required to be provided under the Contract Documents with respect to Utility Work furnished or
performed by the Contractor shall include the cost of bond premiums.
8.5 No Relief of Liability
Notwithstanding any other requirements of the Contract Documents, performance by a Surety of
any of the obligations of the Contractor shall not relieve the Contractor of any of its obligations
hereunder.
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
9.0 INSURANCE
9.1 General Insurance Requirements
9.1.1 Evidence of Insurance
The Contractor shall provide evidence of insurance in a form acceptable to Weld County as
proof of Compliance for all insurance requirements contained in this Section. For all Work that
occurs on the Project Weld County shall be named as an additional insured on the insurance
policies, except for the workers' compensation and professional liability policies. These
insurance requirements are applicable to the Contractor only. When the Contractor requires a
Subcontractor to obtain insurance coverage, the types and minimum limits of coverage may be
different than those required in this Section 9. The evidence of insurance shall provide for ten
Days' written notice of cancellation for nonpayment of premiums, or 45 days' written notice of
cancellation for any other reason, including nonrenewal. Evidence of the insurance that contains
the phrase "will endeavor to" preceding all references to provisions of notice by the insurance
company shall be unacceptable. A Certificate of Insurance indicating certain specified
amendments and attachments shall be acceptable, but Weld County reserves the right to request a
complete certified copy of the policy, at Weld County's sole discretion. Contractor shall not
commence any Work until it has complied with these insurance requirements and Weld County
has approved the evidence of insurance.
9.1.2 A.M. Best Rating
All insurance companies providing policies obtained to satisfy the insurance requirements must
have an A.M. Best rating of A- VII or better.
9.1.3 Full Force and Effect
The commercial general liability, excess (umbrella) liability, contractor's pollution liability and
professional liability insurance coverage requirements will remain in full force and effect
throughout the term of all warranties or as otherwise required by the Contract Documents,
whichever is greater.
9.1.4 No Recourse
There shall be no recourse against Weld County for payment of premiums or other amounts with
respect to the insurance provided by the Contractor, or for deductibles under these policies. This
provision does not affect any rights the Contractor is entitled to.
9.1.5 Indemnification
The insurance coverage provided hereunder shall support, but is not intended to limit, the
Contractor's indemnification obligations.
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
9.2 Contractor Provided Insurance
The Contractor shall procure, at its own expense, insurance acceptable to Weld County, as
described herein, and shall maintain such insurance, as specified herein, in accordance with the
requirements stated in this section, or as otherwise Approved by Weld County at its sole
discretion.
9.2.1 Workers' Compensation and Employer's Liability Coverage
The Contractor shall provide Workers' Compensation coverage that is in compliance with all
Legal Requirements and Employer's Liability with minimum limits of $500,000 by disease each
person, $500,000 by disease aggregate, and $500,000 each person by accident.
9.2.2 Commercial General Liability Insurance
The Contractor shall provide Commercial General Liability broad form coverage for Bodily
Injury, Property Damage, Personal Injury and Advertising Liability written on an occurrence
form that shall be no less comprehensive or more restrictive than the coverage provided by
Insurance Services Office (ISO) for CG 00 01 10 01.
1. Limits of liability. General liability:
A. $2 million - each occurrence.
B. $4 million - general aggregate (annually). The general aggregate limit shall not be diminished
by claims on other projects.
C. $2 million - personal injury/advertising liability.
D. $4 million - products/completed operations liability.
2. Such insurance shall include, by its terms or appropriate endorsements, Bodily Injury,
Property Damage, Legal liability, Personal Injury, Blanket Contractual, Independent
Contractors, Premises, Operations and Products and Completed Operations. Such insurance shall
also include blanket coverage for Explosion, Collapse, and Underground
(XCU) hazards.
3. Products and Completed Operations coverage shall be continued for a minimum of five years
from Project Completion.
4. Weld County shall be an additional insured with respect to liability arising out of acts or
omissions of the Contractor or its Subcontractors, whether on or off the Site.
9.2.3 Automobile Liability Insurance
The Contractor shall provide commercial automobile liability insurance covering all
owned/leased, non -owned and hired vehicles used in the performance of Work, both on and off
the Site, including loading and unloading.
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
The following limits of liability and other requirements shall apply:
1. $2 million combined single limit for bodily injury and property damage liability.
2. Coverage shall be provided on ISO form number CA 00 01 10 01 or equivalent.
3. The policy will include uninsured and underinsured, in compliance with Colorado law.
4. The policy shall be endorsed to include Motor Carrier Act endorsement — Hazardous Materials
Cleanup (MCS-90), if applicable.
9.2.4 Excess (Umbrella) Liability Insurance
The Contractor shall provide Umbrella or Excess Liability insurance with limits of not less than
$20 million per occurrence and $20 million annual aggregate which will provide bodily injury,
personal injury and property damage liability at least as broad as the primary coverages set forth
above, including Employer's Liability, Commercial General Liability and Commercial
Automobile Liability, as set forth in this Section.
9.2.5 Contractor's Pollution Legal Liability Coverage
The Contractor shall provide pollution legal liability coverage for the Project. The following
limits and conditions shall apply:
1. The limit of liability per occurrence shall be at least $5 million and the total Project aggregate
shall be at least $10 million.
2. Weld County shall be named as an additional insured (to the extent commercially available as
determined by Weld County).
3. The policy form shall be written on an occurrence -based form. The extended reporting period
must be at least 24 months following completion of the Work.
4. Weld County reserves the right to purchase a Project -specific policy in lieu of the Contractor's
pollution legal liability policy.
9.2.6 Professional Liability Insurance
The Contractor or Sub consultant shall provide Project Professional Liability Coverage for the
protection of all design professionals associated with the Project as follows:
1. Limits of Liability will be at least $2 million per claim and an aggregate of at least $5 million.
Insurance does not have to be purchased on a project specific basis
2. The policy will have a three-year extended reporting period from the Final Acceptance
Date with respect to all events that occurred, but were not reported, during the term of the policy.
3. The policy shall protect against any negligent act, error or omission arising out of design or
engineering including environmental design or consulting with respect to the Project.
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
4. The policy shall have a retroactive date of no later than the date the first design and/or
engineering Activities have been conducted by the design professionals and contractors
associated with the Project.
5. Contractor shall provide insurance for construction management activities in the amounts
required in this Section 9.2.6, per the Contractor's usual business practices including, but not
limited to, purchasing a construction management professional policy or an errors and omissions
policy.
If the Sub consultant provides Project Professional Liability Coverage, Contractors shall confirm
that all requirements of this section have been met prior to the start of design Work.
9.2.7 Railroad Protective Insurance
In addition to the above, the Contractor shall furnish evidence to Weld County that, with respect
to the operation the Contractor or any of its subcontractors perform, the Contractor has provided
for and on behalf of the Railroad Company, and each Railroad Company when more than one is
involved, Railroad Protective Public Liability and Property Damage Insurance provided for a
combined single limit of Five Million Dollars ($5,000,000.00) per occurrence with an aggregate
limit of Ten Million Dollars ($10,000,000) applying separately for each annual period for:
1. All damages arising out of bodily injuries to or death of one or more persons.
2. All damages arising out of injury to or destruction of property.
Said policy or policies of insurance shall be deemed to comply with the Railroad Protective
Insurance requirements if each of said policies contains a properly completed and executed
"Railroad Protective Liability Form."
All required policy or policies of insurance shall be submitted to Weld County for transmittal to
the Railroad Company's Insurance Department.
The Railroad Protective Insurance shall be carried until all Work required to be performed under
the terms of the Contract is satisfactorily completed as evidenced by the formal acceptance of
Weld County. The Railroad Company shall be furnished with the original of each policy carried
on its behalf.
9.2.8 Builder's Risk
Unless otherwise expressly stated in the Supplementary General Conditions 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, property insurance written on a builder's risk "all-
risk" or equivalent policy form in the amount of the Probable Maximum Loss value at all times
including any subsequent contract modifications and cost of materials supplied or installed by
others, comprising total value for the entire Project at the site on a replacement cost basis without
optional deductibles. Such property insurance shall be maintained, unless otherwise provided in
the Contract Documents or otherwise agreed to in writing by all persons and entities who are
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
beneficiaries of such insurance, until final payment has been made or until no person or entity
other than Weld County has an insurable interest in the property or the Date of Notice specified
on the Notice of Acceptance or whichever is later.
This insurance shall include interests of Weld County, the Contractor, and Subcontractors in the
Project as named insureds.
All associated deductibles shall be the responsibility of the Contractor. Such policy may have a
deductible clause but not to exceed one hundred thousand dollars ($100,000) and the deductible
for Work in a one hundred (100) year flood plain may not exceed two hundred and fifty thousand
dollars ($250,000).
Property insurance shall be on an "all risk" or equivalent policy form and shall include, without
limitation, insurance against the perils of fire (with extended coverage) and physical loss or
damage including, without duplication of coverage, theft, vandalism, malicious mischief,
collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and
debris, removal including demolition occasioned by enforcement of any applicable legal
requirements, and shall cover reasonable compensation for Architectural and Engineering
Services and expenses required as a result of such insured loss.
Contractor shall maintain Builders Risk coverage including partial use by Weld County. The
Contractor shall waive all rights of subrogation as regards to Weld County and Weld County, its
officials, its officers, its agents and its employees, all while acting within the scope and course of
their employment. For damages caused by fire or other causes of loss to the extent covered by
property insurance obtained pursuant to this Section or other property insurance applicable to the
Work. The Contractor shall require all Subcontractors at any tier to similarly waive all such
rights of subrogation and shall expressly include such a waiver in all subcontracts.
Upon request by Weld County, the amount of such insurance shall be increased to include the
cost of any additional Work to be done on the Project, or materials or equipment to be
incorporated in the Project, under other independent contracts let or to be let. In such event, the
Contractor shall be reimbursed for this cost at its share of the insurance in the same ratio as the
ratio of the insurance represented by such independent contracts let or to be let to the total
insurance carried.
Weld County shall have the power to adjust or settle any loss. Unless it is agreed otherwise, all
monies received shall be applied first on rebuilding or repairing the destroyed or injured Work.
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
10.0 RISK OF LOSS
10.1 Site Security
The Contractor shall provide appropriate Security for the Site, including securing any buildings
from entry, and shall take all reasonable precautions and provide protection to prevent damage,
injury or loss to the Work and materials and equipment to be incorporated therein, as well as all
other property at the Site, whether owned by the Contractor, the County, or any other Person.
The Contractor shall at all times keep the Site in a neat and clean condition, including
performing litter removal, removal of graffiti, and weed control.
10.2 Maintenance and Repair of Work and On -Site Property
10.2.1 Responsibility of Contractor
The Contractor shall maintain, rebuild, repair, restore, or replace all Work (including Design
Documents, Released for Construction Documents, As -Built Documents, materials, equipment,
supplies, and maintenance equipment which are purchased for permanent installation in, or for
use during construction of, the Project, regardless of whether the County has title thereto under
the Contract Documents) that is injured or damaged prior to the date of acceptance of
maintenance liability by the County or third parties as specified in Section 10.2.2. All such work
shall be at no additional cost to the County except to the extent that the County is responsible for
such costs as provided in Section 13. The Contractor shall also have full responsibility during
such period for rebuilding, repairing and restoring all other property at the Site, whether owned
by the Contractor, the County or any other Person. Additional requirements regarding
maintenance of highways during construction are set forth in Book 2, Section 18.
10.2.2 Relief from Liability for Maintenance
Effective as of the date on which Project Completion occurs, the County shall be considered to
have Accepted maintenance liability for all elements of the Project which have been Accepted.
All remaining elements of the Project shall be considered Accepted for maintenance purposes as
of the date on which Final Acceptance occurs. Notwithstanding the foregoing, all elements of
the Work, which will be owned by Persons other than the County (such as Utility facilities) will
be considered accepted for purposes of maintenance responsibility only as of the date of
acceptance of maintenance responsibilities by such Persons.
10.2.3 Landscape
Notwithstanding anything to the contrary in Sections 10.2.1. or 10.2.2, requirements regarding
landscape establishment are set forth in Book 2, Section 17.
10.2.4 Wetland Maintenance
Notwithstanding anything to the contrary in Sections 10.2.1. or 10.2.2, requirements regarding
maintenance of wetlands are set forth in Book 2, Section 5 (Environmental Requirements).
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
10.3 Damage to Off -Site Property
The Contractor shall take all reasonable precautions and provide protection to prevent damage,
injury, or loss to property adjacent to the Site or likely to be affected by the Work. The
Contractor shall restore damaged, injured or lost property caused by an act or omission of any
Contractor -Related Entity to a condition similar or equal to that existing before the damage,
injury or loss occurred.
10.4 Third Party Agreements
The Contractor shall construct the Project in accordance with the third party agreements listed in
Book 2, Section 6.
10.5 Title
The Contractor warrants that it owns, or will own, and has, or will have, good and marketable
title to all materials, equipment, tools and supplies furnished, or to be furnished, by it and its
Subcontractors that become part of the Project or are purchased for the County for the operation,
maintenance, or repair thereof, free and clear of all Liens. Title to all of such materials,
equipment, tools and supplies which shall have been delivered to the Site shall pass to the
County, free and clear of all Liens, upon the sooner of: (i) incorporation into the Project; or
(ii) payment by the County to the Contractor of invoiced amounts pertaining thereto.
Notwithstanding any such passage of title, and subject to Section 10.1, the Contractor shall retain
sole care, custody and control of such materials, equipment, tools and supplies, and shall exercise
due care with respect thereto as part of the Work until Final Acceptance or until the Contractor is
removed from the Project.
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
11.0 PAYMENT
11.1 Contract Price
11.1.1 Contract Price
As full compensation for the Work and all other obligations to be performed by the Contractor
under the Contract Documents, the County shall pay to the Contractor an amount not to
referred to as the "Contract Price'). The Contract Price may be increased or decreased only by
a Change Order issued in accordance with Section 13 or by a Contract amendment.
The County will issue a NTP for each fiscal year:
NTP 1- 2015 Not to exceed
NTP2- 2016 Not to exceed
NTP3- 2017 Not to exceed total contract price
11.1.2 Items Included in Contract Price
The Contractor acknowledges and agrees that, subject only to the Contractor's rights under
Section 13, the Contract Price includes:
1. Performance of each and every portion of the Work, including all Additional Requested
Elements and portions thereof included as part of the Contractor's Proposal.
2. All designs, equipment, materials, labor, insurance and bond premiums, home office,
jobsite and other overhead, profit and services relating to the Contractor's performance of
its obligations under the Contract Documents (including all Work, Warranties,
equipment, materials, labor and services provided by Subcontractors and intellectual
property rights necessary to perform the Work).
3. The cost of obtaining all Governmental Approvals (except for approvals which are the
responsibility of the County, as specifically provided elsewhere in the Contract
Documents).
4. All costs of compliance with and maintenance of the Governmental Approvals and
compliance with Legal Requirements.
5. Payment of any taxes, duties, and permit and other fees and/or royalties imposed with
respect to the Work and any equipment, materials, labor, or services included therein.
6. All Utility Work associated with Public and Private Utilities as required by Section 6.2
and Book 2, Section 7.
7. All fines, penalties and damage payments to others as Contractor is obligated to pay
herein.
49
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
11.1.3 Delay in Issuance of Notice -to -Proceed 1
the County anticipates that it will issue NTP 1 concurrently with or shortly after execution and
delivery of the Contract. If the County has not issued NTP1 as described in Section 4.2.1, the
Contractor may seek to negotiate a Change Order including an extension in the time allowed to
the County for issuance of NTP 1 and an increase in the Contract Price mutually acceptable to the
Contractor and the County. If the Contractor does not wish to seek a Change Order as provided
above or the County fails to issue a Change Order acceptable to the Contractor, then the
Contractor's sole remedy shall be to terminate the Contract by delivery of notice of termination
to the County, with the right to receive payment as specified in Section 15. The Contractor is not
obligated to perform any work that would result in payments exceeding the NTP 1 payment cap.
Any price increase under this Section 11.1.3 shall be amortized proportionally over all Work
remaining to be performed, and shall be evidenced by a Change Order.
11.2 Invoices and Payment
Requirements relating to invoicing are set forth in Book 2, Section 2. Within seven days after
receipt by the County of each final invoice, the County shall pay the Contractor the amount of
the invoice Approved for payment less any amounts that the County is entitled to withhold.
11.3 Limitations on Payment
In no event shall the County have any obligation to pay the Contractor any amount which would
result in: (i) payment for any Activity in excess of the value of the Activity times the completion
percentage of such Activity; or (ii) aggregate payments hereunder in excess of: (i) the overall
completion percentage for the Project times the Contract Price; or (ii) the payment caps
described herein. the County does not have the obligation to pay the Contractor for any
Nonconforming Work.
11.3.1 Requirement to Provide Corrected Monthly Update
After Approval of the Original Baseline Schedule, no payment will be processed or owing to the
Contractor for Work performed during any period not covered by the Accepted current Monthly
Progress Schedule.
11.3.2 Notice -to -Proceeds Payment Cap
The amount of funds available to pay the Contractor prior to issuance of NTP2 is limited to the
amount of the NTP 1 Payment Cap. the County has no obligation to make any payment to the
Contractor in excess of this amount until such time (if any) as NTP2 is issued. If the Contractor
performs any Work in excess of the NTP 1 Payment Cap, it does so at its own risk. The NTP 1
Payment Cap does not apply to termination costs under Section 15.5.1.
The amount of funds available to pay the Contractor prior to issuance of NTP3 is limited to the
amount of the NTP1 Payment Cap. the County has no obligation to make any payment to the
Contractor in excess of this amount until such time (if any) as NTP3 is issued. If the Contractor
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
performs any Work in excess of the NTP2 Payment Cap, it does so at its own risk. The NTP2
Payment Cap does not apply to termination costs under Section 15.5.1.
11.3.3 Unincorporated Materials
The County will not pay for materials associated with a progressed WBS Activity prior to their
incorporation into the Project, except under the circumstances described in Section 11.3.3.
11.3.3.1 Exceptions -Stockpiled Structural Steel/Delivery to Site/Materials Produced for
Project
Materials submitted for Stockpile payment shall be delivered to the Site or delivered to the
Contractor and promptly stored by the Contractor in storage Approved by the County. In
addition, payment for stockpiled structural steel is subject to the provisions of the CDOT
Specifications. Girders, sign structures, wall panels and structural steel that have not been
delivered to or adjacent to the Site will be eligible for payment only if they were specifically
manufactured or produced for the Project, and then only after being irrevocably assigned to the
County. As a condition to inclusion of such materials in any invoice, the Contractor shall submit
certified bills using the form attached hereto as Exhibit H. Payment will not be made when the
invoice value of such materials, as determined by the County, amounts to less than $25,000 or if
materials are to be stored less than 30 days.
11.3.3.2 Title to Materials
Materials that meet the requirements in Section 11.3.3.1 and for which payment is made shall
become the property of the County upon the County making payment thereof Payment for such
materials will not constitute final acceptance of such materials. The Contractor shall submit with
its invoice for such materials a letter of vested interest in the form attached hereto as Exhibit I.
At the County's request, the Contractor at its own expense shall promptly execute, acknowledge
and deliver to the County actual bills of sale or other instruments in a form acceptable to the
County, conveying and assuring to the County title to such materials included in any invoice,
free and clear of all Liens. The Contractor at its own expense shall conspicuously mark such
materials as the property of the County, shall not permit such materials to become commingled
with non -County -owned property and shall take such other steps, if any, as the County may
require or regard as necessary to vest title to such materials in the County free and clear of Liens.
The required invoice, billing, title, or assignment documents, furnished by the Contractor, shall
contain complete material description and identification data.
11.3.3.3 Deductions
The amount shown in an invoice for material, which is subsequently lost, damaged or
unsatisfactory will be deducted from succeeding invoices until the material is repaired or
replaced at the Contractor's expens. In case any Supplier claims against the Contractor remain
(for materials so paid for) unsatisfied for more than 30 days following issuance of payment to the
Contractor, the applicable payment may be canceled on the next invoice.
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
11.3.3.4 Not to Exceed Amount
Payment for material furnished and delivered as indicated in this Section 11.3.3 will not exceed
the amount paid by the Contractor as evidenced by a bill of sale supported by paid invoice, or 75
percent of the in -place price, whichever is less.
11.3.4 Materials Ineligible for Payment
11.3.4.1 Equipment
The County will not pay directly for equipment costs. Payment for equipment, whether new,
used or rented, and to the extent not included in the mobilization payments under Section 11.4,
will be allocated to and paid for as part of the Activities with which the equipment is associated,
in a manner which is consistent with the requirements of Section 13.7.
11.3.4.2 Perishable Materials
The County will make no partial payment on living or perishable materials until incorporated as
specified in the Contract.
11.3.4.3 Contractor Election
The County will make no payment for materials brought onto the Site at the Contractor's
election that may be incorporated into the Project such as fuels, supplies, metal decking forms,
ties or supplies used to improve efficiency of operations.
11.3.5 Nonconforming Work
The County will make no payment for Nonconforming Work, except as provided under
Section 5.7.
11.4 Mobilization
11.4.1 Mobilization Amount
The actual amount of premiums paid by the Contractor for the Payment and Performance Bonds
and for insurance required to be provided by the Contractor under Section 9 may be invoiced at
any time after issuance of NTP 1. In addition, the Contractor shall be entitled to mobilization
payments.
11.5 Retainage; Deductions
11.5.1 Retainage
The County shall wit Mold funds (the "Retainage") from each payment to be made to the
Contractor under this Section 11 in accordance with CDOT Standard Specifications for Road and
Bridge Construction, No. 109.06 as modified by the Project Special Provisions. The amount
retained will be in effect until such time as Final Acceptance is made by the County.
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
11.5.2 Substitution of Acceptable Securities
The Contractor shall have the right to substitute acceptable securities pursuant to C.R.S. § 24-91-
105 for the Retainage, provided that no such substitution shall be accepted until the form of such
securities and the surety therefore have been Approved by the County.
11.5.3 Deductions
In addition to the Retainage, the County may deduct from any amounts otherwise owing to
Contractor, including each monthly progress payment and the final payment, the following:
1. Any accrued losses, liability, Liquidated Damages or other damages for which Contractor
is responsible hereunder.
2. The estimated cost of remedying any Nonconforming Work or otherwise remedying any
breach of contract by Contractor.
3. The amount of any outstanding claim under C.R.S. § 38-26-107 or 24-91-103 relating to
the Work.
4. The estimated value of the amount for Work that the Contractor is obligated to perform
under the Contract, which the Contractor has failed to perform.
5. Any other sums which the County is entitled to recover from the Contractor under the
terms of the Contract.
The County's failure to deduct from a progress payment any amount, which the County is
entitled to recover from the Contractor under the Contract, shall not constitute a waiver of the
County's right to such amounts.
11.6 Final Payment
Final payment will be made in accordance with this Section 11.6.
11.6.1 Application for Final Payment
On or about the date of delivery of its Affidavit of Final Completion, the Contractor shall prepare
and submit a proposed Application for Final Payment to the County showing the proposed total
amount due the Contractor.
In addition to meeting all other requirements for invoices hereunder, the Application for Final
Payment shall list all outstanding or pending Potential Change Order (PCO) Notices and all
existing or threatened claims by the County, Subcontractors, laborers, Suppliers, Utility Owners
or other third parties relating to the Project, including any notices filed or to be filed with the
Affidavit of Final Completion, stating the amount at issue associated with each such notice. The
Application for Final Payment shall be accompanied by: (i) complete and legally effective
releases or waivers of Liens and stop notices satisfactory to the County, from all Persons legally
eligible to file Liens and stop notices in connection with the Work; (ii) consent of Surety(ies) to
final payment; (iii) the release and affidavit required by Section 11.6.2; and (iv) such other
documentation as the County may reasonably require. Prior applications and payments shall be
subject to correction in the proposed Application for Final Payment. PCO Notices filed
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
concurrently with the Application for Final Payment must be otherwise timely and meet all
requirements under Sections 13 and 19. If a Subcontractor or Supplier refuses to furnish a
release or waiver required by the County, the Contractor may furnish a bond satisfactory to the
County to indemnify the County against such claim. If such claim remains unsatisfied after
payments are made, and is not bonded over as provided in the previous sentence, Contractor
shall promptly pay to the County all money that the County may be compelled to pay in
discharging such claim, including all costs and attorneys' fees.
The County will review the Contractor's proposed Application for Final Payment, and changes
or corrections will be forwarded to the Contractor for correction. If no changes or corrections
are required, the County will Approve the Application for Final Payment.
11.6.2 Paym en t
11.6.2.1 Release and Affidavit as Condition to Final Payment
As a condition to its obligation to make payment to the Contractor based on the Application for
Final Payment, the County shall have received an executed release from the Contractor for any
and all claims arising from the Work, releasing and waiving any claims against the Indemnified
Parties, excluding only the retention amounts set forth in Section 11.5, and those matters
identified in any PCO Notices listed as outstanding in the Application for Final Payment, and
otherwise satisfactory in form and content to the County.
The release shall be accompanied by an affidavit from the Contractor certifying:
1. That it has resolved any claims made by Subcontractors, Utility Owners, and others
against the Contractor or the Project.
2. That it has no reason to believe that any Person has a valid claim against the Contractor
or the Project which has not been communicated in writing by the Contractor to the
County as of the date of the certificate.
3. That all guarantees and warranties are in full force and effect.
The release and the affidavit shall survive final payment. The payment amount will be reduced
by any amounts deductible under Section 11.5.
11.6.2.2 Partial Estimates and Payments Subject to Correction
All prior partial estimates and payments shall be subject to correction in the final payment.
11.6.2.3 Waiver of Claims
Contractor's acceptance of final payment shall constitute a waiver of affirmative Claims by
Contractor except those previously made in writing and identified by Contractor in accordance
with Section 11.6.1 as unsettled at the time of final payment.
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
11.7 Payments to Subcontractors
11.7.1 Prompt Payment
The Contractor is responsible for ensuring that all subcontractors and suppliers at every tier are
promptly paid. All subcontractors and suppliers must be paid in accordance with CDOT
Standard Specifications for Road and Bridge Construction, No. 109.06(e).
11.7.2 Release of Retainage
The Contractor shall release retainage in accordance with CDOT Standard Specifications for
Road and Bridge Construction, No. 109.06.
11.8 Disputes
Subject to the County's right to withhold from progress payments any amounts in dispute, and
except as expressly stated otherwise in this Section, any disagreement between the County and
the Contractor relating to this Section 11 shall be subject to Section 19. Failure by the County to
pay any amount in dispute shall not alleviate, diminish, or modify in any respect the Contractor's
obligation to perform under the Contract Documents, including the Contractor's obligation to
achieve Final Acceptance in accordance with the Contract Documents, and the Contractor shall
not cease or slow down performance under the Contract Documents on account of any such
amount in dispute. The Contractor shall proceed as directed by the County pending resolution of
the dispute. Upon resolution of such dispute, each party shall promptly pay to the other any
amount owing. Nothing in this Section is intended to affect the Contractor's rights pursuant to
Section 15.16.1.
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
12.0 VALUE ENGINEERING AND NEGOTIATED CHANGES
The parties desire for the Contractor to have significant flexibility in determining how best to
deliver the Project within the parameters established by the Contract Documents.
Notwithstanding the foregoing, the County's Approval is required with respect to any proposed
changes in the Contract Requirements. This Section 12 sets forth the requirements applicable to
requests for modifications in Contract Requirements submitted by the Contractor. Changes in
Contract Requirements may be submitted as Value Engineering Change Proposals (VECPs)
provided the request qualifies as a VECP as provided herein. The parties may agree upon the use
of a Negotiated Change Order, however, whether the proposed change is a VECP or other
change.
12.1 Value Engineering Change Proposals
The Contractor is encouraged to submit VECPs whenever it identifies potential savings. The
County may also request the Contractor to develop and submit a specific VECP. The Contractor
has the right to refuse to consider such County -initiated VECPs.
12.1.1 Definition of Value Engineering Change Proposal
A VECP is a proposal developed and documented by the Contractor which:
1. Would modify or require a change in any of the Contract Requirements in order to be
implemented (including any changes to the Basic Configuration); and
2. Reduces the cost of the Project without impairing essential functions or characteristics of
the Project (including service life, economy of operation, ease of maintenance,
desirability and safety) as determined by the County in its sole discretion, and provided
that it is not based solely upon a change in quantities, performance or reliability or a
relaxation of the Contract requirements.
12.1.2 Required Information
At a minimum, the following information shall be submitted by the Contractor with each VECP:
1 A statement that the submission is a VECP, a narrative description of the proposed
change, the advantages and disadvantages of the proposed change and the justification for
changes in function or characteristics and the effect the proposed change has on
performance.
2. Description of the existing Contract requirements, which are involved in the proposed
change.
3. Identification of the Contract requirements (with reference to specific Sections), which
must be changed if the VECP is Approved.
4. A description of any previous use or tests of the proposal and the conditions and results.
If the proposal was previously submitted on another County project, indicate the date,
contract number and the action taken by the County.
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
5. Date or time by which a Change Order adopting the VECP must be issued in order to
obtain the maximum cost reduction, noting any effect on the Contract Schedule.
6. A complete cost analysis including current pricing for the existing Contract requirements
compared to the Contractor's cost estimate of the proposed changes.
The Contractor shall provide any additional information requested by the County in a timely
manner. Additional information could include results of field investigations and surveys, design
computations, and field change sheets.
12.1.3 County Review and Approval or Rejection
12.1.3.1 Review of Value Engineering Change Proposals
Upon receipt of a VECP, the County will process it, but will not be liable for any delay in acting
upon any proposal submitted pursuant to this Section 12.1. The Contractor may withdraw all or
part of any VECP at any time prior to Approval by the County.
12.1.3.2 Approval/Rejection of Value Engineering Change Proposals
The County may Approve, in its sole discretion, in whole or in part, by Change Order, any
VECP submitted. Until a Change Order is issued on a VECP, the Contractor shall remain
obligated to perform in accordance with the Contract Documents. The decision of the County as
to rejection or Approval of any VECP shall be at the sole discretion of the County and shall be
final and not subject to partnering, dispute resolution, or appeal. The Contractor shall have no
claim for any additional costs or delays resulting from the delayed processing or rejection of a
VECP, including development costs, loss of anticipated profits, or increased material or labor
costs.
12.1.4 Disputes Regarding Applicability of Value Engineering Change Proposals
Within 30 days following a request from the County for a VECP regarding any Work that the
County believes should have properly been submitted as a VECP, the Contractor shall deliver a
VECP to the County meeting all of the requirements of this Section 12.1, but may specify that
the VECP is delivered under protest. In such case, either party shall have the right to submit the
question of the Contractor's entitlement to proceed without an Approved VECP to dispute
resolution. If a determination is ultimately made that the Contractor is not entitled to proceed
without an Approved VECP, the County shall be entitled to a credit against the Contract Price as
provided in Section 12.1.5. If a determination is ultimately made that the Contractor is entitled to
proceed without an Approved VECP, the VECP shall be deemed withdrawn and have no effect.
12.1.5 Contract Price Adjustment
If the County Approves a VECP submitted by the Contractor pursuant to this Section 12, the
Contract Price shall be adjusted in accordance with the following:
12.1.5.1 Estimated Net Savings
The term "estimated net savings", as used in this Section 12.1, shall mean: (i) the difference
between the cost of performing the Work according to the Contract Documents using current
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
estimates and the actual cost to perform it according to the proposed change; less (ii) the costs of
studying and preparing the VECP as proven by the Contractor and Approved by the County in
accordance with the Change Order procedures set forth herein; less (iii) any additional costs
incurred by the County (including costs relating to any Relocations and ROW and
implementation costs) resulting from the VECP. The Contractor's profit shall not be considered
part of the cost.
12.1.5.2 Collateral and Future Savings
Except as specified in Section 12.1.5.4, the Contractor is not entitled to share in either collateral
or future contract savings. The term "collateral savings" means those measurable net reductions
in the County's costs resulting from the VECP, including costs of maintenance by the County,
logistics, and the County -furnished property.
The term "future contract savings" shall mean reductions in the cost of performance of future
construction contracts resulting from a VECP submitted by the Contractor.
12.1.5.3 Price Adjustment
Subject to Sections 12.1.5.4 and 12.1.5.5, the Contract Price shall be reduced by an amount equal
to the sum of (i) 100 percent of any additional costs incurred by the County resulting from the
VECP; plus (ii) 50 percent of the estimated net savings.
12.1.5.4 Value Engineering Change Proposals Affecting Right -of Way Plans
Not Aplicable
12.2 Negotiated Changes
The County may, in its sole discretion, Approve any changes in the Contract Requirements that
do not qualify as VECPs. Such changes shall be referred to as "Negotiated Changes." The
County may agree to any share of the cost savings in the Contract Price for Negotiated Changes.
12.3 Use of Value Engineering Change Proposals and Negotiated Changes by the
County
All Approved or disapproved VECPs and Negotiated Changes will become the property of the
County, and shall contain no restrictions imposed by the Contractor on their use or disclosure.
The County retains the right to use, duplicate, and disclose in whole or in part any data necessary
for the utilization of the proposal on any other or subsequent projects without any obligation to
the Contractor. This provision is not intended to deny rights provided by law with respect to
patented materials or processes.
58
1861.:�-
Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
13.0 CHANGES IN THE WORK
This Section 13 sets forth the requirements for obtaining all Change Orders under the Contract.
The Contractor hereby acknowledges and agrees that the Contract Price constitutes full
compensation for performance of all of the Work, subject only to those exceptions specified in
this Section 13, and that the County is subject to constraints which limit its ability to increase the
Contract Price or extend the Completion Deadlines. Contractor hereby waives the right to make
any claim for a time extension or for any monetary compensation in addition to the Contract
Price and other compensation specified in the Contract, except as set forth in this Section 13,
Addendum 15, or dispute resulting in a change order under this Book 1 Section 19.
13.1 Circumstances Under Which Change Orders may be Issued
13.1.1 Definition of and Requirements Relating to Change Orders
13.1.1.1 Change Orders
The term "Change Order" shall mean a written amendment to the terms and conditions of the
Contract Documents issued in accordance with this Section 13. The County may issue unilateral
Change Orders as specified in Section 13.2. A Change Order shall not be effective for any
purpose unless executed by the County. Execution of a Change Order by the County shall mean
that the Change Order has been fully executed by the County and any other necessary parties of
the State. The term "Change Order" shall also include any Utility Work Order that has been
completed by the County to also function as a Change Order, as described in Section 6.2. Except
for Utility Work Orders functioning as Change Orders, Change Orders may be requested by the
Contractor only pursuant to Section 13.3 and to adopt a VECP or Negotiated Change under
Section 12. Change Orders may be issued for the following purposes (or combination thereof):
1. To modify the Work.
2. To revise a Completion Deadline.
3. To revise the Contract Price.
4. To revise other terms and conditions of the Contract Documents.
Upon the County's Approval of the Change Order form, the County will execute the Change
Order form indicating Approval thereof A Change Order may, at the sole discretion of the
County, direct the Contractor to proceed with the Work with the amount of any adjustment of a
Completion Deadline or the Contract Price to be determined in the future.
13.1.1.2 Issuance of Directive Letter
The County may at any time issue a Directive Letter to the Contractor in the event of any desired
change in the Work or of any Dispute regarding the Work. The Directive Letter will state that it
is issued under this Section 13.1.1.2, will describe the Work in question and will state the basis
for determining compensation, if any. The Contractor shall proceed immediately with the Work
as directed in the letter, pending the execution of a formal Change Order (or, if the letter states
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Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
that the Work is within the original scope of the Work, the Contractor shall proceed with the
Work as directed but shall have the right pursuant to Section 13.3 to request that the County
issue a Change Order with respect thereto).
13.1.1.3 Performance of Changed or Extra Work
As a condition precedent to the Contractor's right to receive additional payment or an extension
of a Completion Deadline for changed or extra work, the Contractor shall have received either a
Directive Letter from the County stating that it is issued pursuant to Section 13.1.1.2 or a Change
Order for such work executed by the County. To the extent that the Contractor undertakes any
such work without receiving a Directive Letter or Change Order executed by the County, the
Contractor shall be deemed to have performed such work voluntarily and shall not be entitled to
a Change Order in connection therewith. In addition, the Contractor may be required to remove
or otherwise undo any such work, at its sole cost.
13.1.2 Directive Letter as Condition Precedent to Claim that County -Directed Change
Occurred
In addition to provision of a Potential Change Order (PCO) Notice and subsequent Change Order
request pursuant to Section 13.3, receipt of a Directive Letter from the County is a condition
precedent to the Contractor's right to claim that a County -Directed Change has occurred,
provided that no Directive Letter shall be required for alleged County -Directed Changes directly
attributable to delays caused by bad faith actions, active interference, gross negligence or
comparable tortious conduct by the County. The fact that a Directive Letter was issued by the
County shall not be considered evidence that in fact a County -Directed Change occurred. The
determination whether a County -Directed Change in fact occurred shall be based on an analysis
of the original Contract Document requirements and a determination whether the Directive Letter
in fact constituted a change in those requirements. The foregoing requirements shall not imply
that a Directive Letter would be required in order for the Contractor to have the right to receive
compensation for Work within its original scope for which additional compensation is
specifically allowed under this Section 13 (such as for Relocation of previously misidentified
underground Utilities, if a Change Order is allowed therefore pursuant to Section 6.2).
13.1.3 Changes in Law
Contractor shall be entitled to an increase in the Contract Price for any change in a Legal
Requirement, change in the judicial interpretation of a Legal Requirement, or adoption of any
new Legal Requirement, which is materially inconsistent with Legal Requirements in effect on
the Proposal Due Date (excluding any such change or new Legal Requirement which was passed
or adopted but not yet effective as of the Proposal Due Date), and which: (i) requires a material
modification in the Work; (ii) requires the Contractor to obtain a State or federal environmental
approval not previously required for the Project; (iii) eliminates existing tax exemptions or
increases applicable sales taxes; or (iv) specifically targets the Project or the Contractor. The
County shall be entitled to a decrease in the Contract Price for any change in Legal Requirements
that reduces the cost of the Work, if and to the extent that the change: (i) allows a material
modification in the design of the Project resulting in a net cost savings; or (ii) reduces the
requirements of complying with environmental approvals.
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13.2 Procedure for County Initiated Change Orders
This Section 13.2 concerns Change Orders issued by the County following a Request for Change
Proposal and Change Orders unilaterally issued by the County.
13.2.1 Request for Change Proposal (RCP)
13.2.1.1 Issuance of Request
If the County desires to issue a County -Directed Change or to evaluate whether to initiate such a
change, then the County may, at its discretion, issue a Request for Change Proposal (RCP).
13.2.1.2 Initial Consultation
Within seven days after the Contractor's receipt of an RCP, the County and the Contractor shall
consult to define the proposed scope of the change. Within seven days after the initial
consultation, the County and the Contractor shall consult concerning an estimated rough order of
magnitude cost (ROM) cost and time impacts, if any. The Contractor shall provide data
regarding such matters as requested by the County.
112.1.3 Notification by the County
Within seven days after the ROM consultation meeting and provision of any data as described in
Section 13.2.1.2, The County shall notify the Contractor whether the County:
1. Wishes to issue a Change Order.
2. Wishes to request the Contractor to prepare a Change Order form as discussed at the
meeting.
3. No longer wishes to issue a Change Order.
The County may at any time, in its sole discretion, require the Contractor to provide two
alternative Change Order forms, one of which shall provide for a time extension if applicable and
any additional costs permitted hereunder, and the other of which shall show all Acceleration
Costs associated with meeting the original Completion Deadlines, as well as any additional costs
permitted hereunder.
13.2.1.4 Submittal of Change Order Form
If requested by the County, the Contractor shall, within 21 days after receipt of the notification
described in Section 13.2.1.3, prepare and submit to the County for Approval a Change Order
form for the requested change, complying with all applicable requirements of Section 13.4, and
incorporating all requests made by the County. The Contractor shall bear the cost of developing
the Change Order form, including any modifications thereto requested by the County, except that
costs of design and engineering work required for preparation of plans or exhibits necessary to
the Change Order form and pre -authorized by the County shall be included in the Change Order
as reimbursable items. If the Change Order is Approved, the design and engineering costs will
be included within the Change Order, otherwise, they shall be separately reimbursed through a
separate Change Order.
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13.2.1.5 Order To Proceed
If the County and the Contractor agree that a change in the requirements relating to the Work has
occurred but disagree as to whether the change justifies additional compensation or time or
disagree as to the amount of any change to be made to the Contract Price or a Completion
Deadline, the County may, in its sole discretion, order the Contractor to proceed with the
performance of the Work in question notwithstanding such disagreement. Such order may, at the
County's option, be in the form of:
1. Time and Materials Change Order as provided in Section 13.7; or
2. Directive Letter as described in Section 13.1.1.2.
13.2.2 Unilateral Change Orders
The County may issue a Change Order at any time, regardless of whether it has issued a Request
for Change Proposal. Any such Change Order shall state that the Contractor shall be entitled to
compensation in accordance with Section 13.7 for the additional Work required thereby. For
deductive unilateral Change Orders, the Change Order may contain a price deduction deemed
appropriate by the County, and the Contractor shall have the right to dispute the amount of such
price deduction in accordance with Section 19.
13.2.3 Options
The County's issuance of a Notice -to -Proceed with any Option by the number of Days after NTP
1 defined in Table 13.2.3 shall be considered direction to Contractor to prepare a Change Order
which shall add the Option work to the scope of the Work for the Option price.
TABLE
13.2.3
ISSUANCE
OF NTPS
FOR
OPTIONS
Option
Description
# of
Days after
NTP
1
1
ARE
#1 (Any elements
not included
in Proposal)
90
2
ARE
#2 (Any elements
not
included
in Proposal)
90
3
ARE
#3 (Any elements
not
included
in
Proposal)
90
4
ARE
#4
(Any elements
not
included
in Proposal)
90
5
ARE
#5 (Any elements
not
included
in
Proposal)
90
6
ARE
#6 (Any elements
not
included
in Proposal)
90
13.3 Procedure for Contractor Requested Change Orders
13.3.1 Eligible Changes
The Contractor's entitlement to a Change Order for eligible changes is subject to the restrictions
and limitations contained in this Section 13.3.
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13.3.1.1 Contract Price Increase
The Contractor may request a Change Order to increase the Contract Price, subject to certain
limitations with respect to delay and disruption damages as specified in Section 13.5.2, only for
increased costs in the Work as follows:
1. Additional costs directly attributable to additional Work resulting from County -Directed
Changes.
2. Additional costs directly attributable to County -Caused Delays.
3. Additional costs directly attributable to Necessary Design Changes, to the extent
permitted in Section 13.8.
4. Additional costs directly attributable to Differing Site Conditions considered
extraordinary circumstance(s), to the extent provided in Section 13.9.
5. Certain additional costs relating to Hazardous Substances, as described in Section 13.11,
to the extent provided therein.
6. Certain additional costs relating to material errors in the ROW Plans, as described in
Section 13.12, to the extent provided therein.
7. Additional costs directly attributable to uncovering, removing, and restoring Work, to the
extent provided in Section 5.5.3.
8(a). Additional costs directly attributable to Force Majeure events, to the extent provided in
Section 13.10. For purposes of Contractor's entitlement to costs directly attributable to
Force Majeure events, the term "Force Majeure" shall mean any of the following events
(provided such events are beyond the control of Contractor and are not due to an act or
omission of Contractor or Contractor -Related Entity) which materially and adversely
affects Contractor's obligations hereunder and which event (or the effects of which
event) could not have been avoided or prevented by due diligence and use of reasonable
efforts by Contractor:
(i) A tornado or an earthquake;
(ii) Any rebellion, war, riot, act of sabotage, terrorism, or civil commotion;
(iii) The discovery at, near, or on the Site of any archaeological, paleontological or
cultural resources or any biological resources (which term shall be deemed to
mean any threatened or endangered species, raptors or eagles), provided that the
existence of such resources was not disclosed in the RFP Documents;
(iv) The suspension, termination, interruption, denial, failure to obtain, nonrenewal or
amendment of any Environmental Approval, except as otherwise provided in
Section 6.3;
(v) Any change in a Legal Requirement, change in the judicial interpretation of a
Legal Requirement, or adoption of any new Legal Requirement, which is
materially inconsistent with Legal Requirements in effect on the Proposal Due
Date (excluding any such change or new Legal Requirement which was passed or
adopted but not yet effective as of the Proposal Due Date), and which: (i) requires
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a material modification in the Project Work; (ii) requires the Contractor to obtain
a State or federal environmental approval not previously required for the Project;
or (iii) specifically targets the Project or the Contractor; and
(vi) Any lawsuit seeking to restrain, enjoin, challenge, or delay construction of the
Project or the granting or renewal of any Governmental Approval of the Project,
except to the extent that: (i) the risk of such lawsuit has been assumed by
Contractor under Section 6.3; or (ii) the lawsuit otherwise arises out of any act,
omission or breach of obligation of Contractor, a Subcontractor or any person for
whom Contractor is contractually or legally liable.
8(b).For purposes of Contractor's entitlement to costs directly attributable to Force Majeure
events, the term "Force Majeure" specifically excludes from its definition the following
matters, which might otherwise be considered Force Majeure:
Fire or other physical destruction or damage, including lightning, explosion,
drought, rain, flood not caused by the above -described events, hurricane, storm or
action of the elements, or other acts of God;
(ii) Except as provided in Subsection 9(a) above, explosion or malicious or other acts
by Contractor or a Contractor -Related Entity intended to cause loss or damage or
other similar occurrence;
(iii) Strike, labor dispute, work slowdown, work stoppage, secondary boycott,
walkout, or other similar occurrence;
(iv) The suspension, termination, interruption, denial or failure to obtain, or
nonrenewal of any Governmental Approval other than an Environmental
Approval, unless such event is the result of a lawsuit as described in
Section 9(a)(v) above;
(v) The adoption or repeal of, or change in, a Legal Requirement which was passed
but not yet effective as of the Proposal Due Date or which increases Contractor's
costs but does not change the obligations to be performed by Contractor (except
to the extent provided in Section 13.1.3);
(vi) Any lawsuit relating to any New Environmental Approval, which is Contractor's
risk under Section 6.3;
(vii) Any Force Majeure event under a Utility Agreement unless the claimed Force
Majeure event also constitutes Force Majeure as provided in Subsection 9(a)
above;
(viii) Any Utility Delays; and
(ix) All other matters not caused by the County or beyond the control of the County
and not listed in Section 9(a) above.
13.3.1.2 Time Extension
The Contractor may request a Change Order to extend a Completion Deadline only for the
following delays in the Critical Path:
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1. County -Caused Delays.
2. Delays directly attributable to Necessary Design Changes, to the extent permitted by
Section 13.8.
3. Delays directly attributable to Differing Site Conditions considered extraordinary
circumstances, to the extent permitted by Section 13.9.
4. Certain delays relating to Utility Work, as described in Section 6.2, to the extent
permitted therein.
5. Certain delays relating to Hazardous Substances, as described in Section 13.11, to the
extent permitted therein.
6. Certain delays relating to material errors in the ROW Plans, to the extent permitted by
Section 13.12.
7. Delays directly attributable to Force Majeure events, to the extent permitted by Section
13.10. For purposes of Contractor's entitlement to a time extension hereunder, the term
"Force Majeure" shall mean a loss, injury, or damage to the Work due to unforeseeable
causes beyond the control of the Contractor or Contractor -Related Entities, including but
not limited to acts of God, such as earthquake, flood, tornado, high winds, or other
cataclysmic phenomenon of nature, or acts of the public enemy or of governmental
authorities.
13.3.2 Conditions Precedent
The requirements set forth in this Section 13.3.2 constitute conditions precedent to the
Contractor's entitlement to request and receive a Change Order in all circumstances except those
involving a request for a price increase under Section 11.1.3. The Contractor agrees that the
filing of PCO Notices and subsequent filing of requests for Change Orders with the County
pursuant to this Section 13.3.2 are necessary in order to begin the administrative process for
Contractor -requested Change Orders. The Contractor understands that it shall be forever barred
from recovering against the County under this Section 13 if it fails to give notice of any act, or
failure to act, by the County or any of its representatives or the happening of any event, thing or
occurrence pursuant to a proper PCO Notice, and thereafter complies with the remaining
requirements of this Section 13.3.
13.3.2.1 Delivery of Potential Change Order (PCO) Notice
The Contractor shall deliver to the County written notice ("PCO Notice") stating that an event or
situation has occurred within the scope of Section 13.3.1.1 and/or 13.3.1.2 and shall state which
subsection thereof is applicable. The first notice shall be labeled "PCO No. 1" and subsequent
notices shall be numbered sequentially. Any notice regarding a situation involving a Necessary
Design Change shall specifically state that it involves such a change.
13.3.2.1.1 Importance of Prompt Delivery
Each PCO Notice shall be delivered as promptly as possible after the occurrence of such event or
situation. If any PCO Notice is delivered later than ten days after the Contractor first discovered
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(or should have discovered in the exercise of reasonable prudence) the occurrence which is
described therein, the Contractor shall be deemed to have waived the right to collect any and all
costs incurred prior to the date of delivery of the PCO Notice, and shall be deemed to have
waived the right to seek an extension of any Completion Deadline with respect to any delay in
the Critical Path which accrued prior to the date of delivery of the written notice. Furthermore, if
any PCO Notice concerns any condition or material described in Section 5.3, the Contractor shall
be deemed to have waived the right to collect any and all costs incurred in connection therewith
to the extent that the County is not afforded the opportunity to inspect such material or condition
before it is disturbed. The Contractor's failure to provide a PCO Notice within 30 days after the
Contractor first discovered (or should have discovered in the exercise of reasonable prudence)
the occurrence of a given event or situation shall preclude the Contractor from any relief, unless
the Contractor can show, based on a preponderance of the evidence that: (i) the County was not
materially prejudiced by the lack of notice; or (ii) the County's designated representative
specified in accordance with Section 24.10 had actual knowledge (including all items (i) through
(v) of Section 13.3.2.1.2), prior to the expiration of the 30 -Day period, of the event or situation
and that the Contractor believed it was entitled to a Change Order with respect thereto. A PCO
Notice shall be deemed delivered only if it fully conforms to the requirements of
Section 13.3.2.1.2.
13.3.2.1.2 Contents of PCO Notice
The PCO Notice shall: (i) state in detail the facts underlying the potential Change Order, the
reasons why the Contractor believes additional compensation or time will or may be due and the
date of occurrence; (ii) state in detail the basis that the work is not required by the Contract, if
applicable; (iii) identify particular elements of Contract performance for which additional
compensation may be sought under this Section 13; (vi) identify any potential Critical Path
impacts; and (v) provide an estimate of the time within which a response to the notice is required
to minimize cost, delay, or disruption of performance.
13.3.2.1.3 Notices Under Other Contract Provisions
The written notification under Section 5.3 may also serve as a PCO Notice provided it meets the
requirements for PCO Notices.
13.3.2.1.4 Failure to Provide Information
Any adjustments made to the Contract shall not include increased costs or time extensions for
delay resulting from the Contractor's failure to provide requested additional information under
this Section 13.3.2.1.
13.3.2.2 Delivery of Requests for Change Orders (RCO)
The Contractor shall deliver all requests for Change Orders under this Section 13.3 to the County
within 30 days after delivery of the PCO Notice. The County may require design and
construction costs to be covered by separate Change Order requests. If the Contractor requests a
time extension, then the County, in its sole discretion, may require the Contractor to provide two
alternative Change Order requests, one of which shall provide for a time extension and any
additional costs permitted hereunder, and the other of which shall show all Acceleration Costs
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associated with meeting the original Completion Deadlines, as well as any additional costs
permitted hereunder.
13.3.2.3 Importance of Timely Delivery
The Contractor acknowledges and agrees that, due to the limited availability of funds for the
Project, timely delivery of notification of such events and situations and requests for Change
Orders and updates thereto are of vital importance to the County. The County is relying on the
Contractor to evaluate, promptly upon the occurrence of any event or situation, whether the event
or situation will affect schedule or costs and, if so, whether the Contractor believes a time
extension and/or price increase is required hereunder. If an event or situation occurs which may
affect the Contract Price or a Completion Deadline, the County will evaluate the situation and
determine whether it wishes to make any changes to the definition of the Project so as to bring it
within the County's funding and time restraints.
The following matters (among others) shall be considered in determining whether the County has
been prejudiced by the Contractor's failure to provide timely notice:
1. The effect of the delay on alternatives available to the County (that is, a comparison of
alternatives which are available at the time notice was actually given and alternatives
which would have been available had notice been given within ten days after occurrence
of the event or when such occurrence should have been discovered in the exercise of
reasonable prudence).
2. The impact of the delay on the County's ability to obtain and review objective
information contemporaneously with the event.
13.3.2.4 Subcontractor Claims
Prior to submission by the Contractor of any request for a Change Order to the County which is
based in whole or in part on a request by a Subcontractor to the Contractor for a price increase or
time extension under its Subcontract, the Contractor shall have reviewed all claims by the
Subcontractor which constitute the basis for the request for Change Order and determined in
good faith that each such claim is justified hereunder and that the Contractor is justified in
requesting an increase in the Contract Price and/or change in Completion Deadlines in the
amounts specified in the request for Change Order. Each request for Change Order involving
Subcontractor Work shall include a sworn certification in form acceptable to the County signed
by the Contractor's Project Manager stating that the Contractor has investigated the basis for the
Subcontractor's claims and has determined that all such claims are justified as to entitlement and
amount of money and/or time requested and has no reason to believe and does not believe that
the factual basis for the Subcontractor's claim is falsely represented. Any request for Change
Order involving Subcontractor Work shall be considered incomplete if it is not accompanied by
such certification.
13.3.3 Performance of Disputed Work
If the County refuses to issue a Change Order based on the Contractor's request, the Contractor
shall nevertheless perform all work as specified in an appropriate Directive Letter, with the right
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to submit the issue of entitlement to a Change Order to dispute resolution in accordance with
Section 19. The Contractor shall maintain and deliver to the County, upon request,
contemporaneous records, meeting the requirements of Section 13.7.7, for all work performed
which the Contractor believes constitutes extra work, until all Disputes regarding entitlement or
cost of such work are resolved.
13.4 Contents of Change Orders
13.4.1 Form of Change Order
Each Change Order form and request for Change Order shall meet all applicable requirements of
this Section 13 and shall include a Cost Analysis to be prepared in the form attached as Exhibit
G. The completed and/or modified Work Order Form described in Section 6.2 shall be
considered an appropriate form, where applicable.
13.4.2 Scope of Work, Cost Estimate, Delay Analysis, and Information Regarding Change
The Contractor shall prepare a scope of work, cost estimate, impacted delay analysis, if any and
other information as required by this Section 13.4.2 for each Change Order form and request for
Change Order.
13.4.2.1 Scope of Work
The scope of work shall describe in detail satisfactory to the County all Activities associated
with the Change Order, including a description of additions, deletions and modifications to the
existing Contract requirements.
13.4.2.2 Cost Estimate
The cost estimate shall set out the estimated costs in such a way that a fair evaluation can be
made. It shall include a breakdown for labor, materials, equipment, overhead (which includes all
indirect costs) and profit, unless the County agrees otherwise. The estimate shall include costs
allowable under Section 13.5.2, if any. If the work is to be performed by Subcontractors and if
the work is sufficiently defined to obtain Subcontractor quotes, the Contractor shall obtain quotes
(with breakdowns showing cost of labor, materials, equipment, overhead and profit) on the
Subcontractor's stationery and shall include such quotes as back-up for the Contractor's
estimate. No mark-up shall be allowed in excess of the amounts allowed under Sections 13.5.2
and 13.7.
13.4.2.3 Impacted Delay Analysis
If the Contractor claims that such event, situation or change affects the Critical Path, it shall
provide an impacted delay analysis indicating all Activities represented or affected by the
change, with Activity numbers, durations, predecessor and successor Activities, resources and
cost, and with a narrative report, in a form satisfactory to the County, which compares the
proposed new schedule to the Original Baseline Schedule, Current Baseline Schedule or Revised
Baseline Schedule, as appropriate. Except as otherwise provided in this Section, the impacted
delay analysis shall only modify the Activities, which have been impacted by the event which
justifies the extension. The Contractor may reschedule Activities not otherwise affected by the
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event, in order to take advantage of additional Float available as a result of the requested time
extension. Any such rescheduling shall be reflected in the impacted delay analysis.
13.4.2.4 Other Supporting Documentation
The Contractor shall provide such other supporting documentation as may be required by the
County.
13.4.3 Justification
All requests for Change Orders shall include a narrative justification therefore, detailing all
causes of the proposed change, making specific reference to the applicable provisions of this
Section 13 which permit a Change Order to be issued, and describing the data and documents
which establish the necessity of such proposed change.
13.4.4 Contractor Representation
Each Change Order (other than Change Orders issued unilaterally by the County) shall contain a
sworn certification in form acceptable to the County by the Contractor that the amount of time
and/or compensation requested includes all known and anticipated impacts or amounts, direct,
indirect and consequential, which may be incurred as a result of the event or matter giving rise to
such proposed change and that the Contractor has no reason to believe and does not believe that
the factual basis for the Change Order is falsely represented.
13.4.5 Incomplete Change Orders
Each request for Change Order provided under Section 13.3 shall meet all requirements set forth
in this Section 13.4; provided that if any such requirements cannot be met due to the nature of
the occurrence, the Contractor shall provide an incomplete request for Change Order, which
shall:
1. Comply with all requirements capable of being met.
2. Include a list of requirements, which are not fulfilled together with an explanation
reasonably satisfactory to the County stating why such requirements cannot be met.
3. Provide such information regarding projected impact on the Critical Path as is requested
by the County.
4. In all events include sufficient detail to ascertain the basis for the proposed Change Order
and for any price increase associated therewith, to the extent such amount is then
ascertainable.
The Contractor shall furnish, when requested by the County, such further information and details
as may be required to determine the facts or contentions involved. The Contractor agrees that it
shall give the County access to any and all of the Contractor's books, records, and other
materials relating to the Work, and shall cause its Subcontractors to do the same, so that the
County can investigate the basis for such proposed Change Order. The Contractor shall provide
the County with a monthly update to all outstanding incomplete requests for Change Orders,
describing the status of all previously unfulfilled requirements and stating any changes in
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projections previously delivered to the County, time expenditures to date and time anticipated for
completion of the Activities for which the time extension is claimed. The County may reject the
Contractor's claim at any point in the process. Once a complete request for Change Order is
provided, the County's failure to respond thereto within 14 days of delivery of the request shall
be deemed a rejection of such request. Although the County intends to review incomplete
Change Orders for the purposes described in Section 13.3, the County shall have no obligation to
review the backup associated with any request for Change Order until a complete request for
Change Order is provided.
13.5 Certain Limitations
13.5.1 Limitation on Contract Price Increases
Any increase in the Contract Price allowed hereunder shall exclude:
1. Costs caused by the breach of contract or fault or negligence, or act or failure to act of
any Contractor -Related Entity.
2. Costs, which could reasonably have been avoided by the Contractor -Related Entity,
including by resequencing, reallocating, or redeploying its forces to other portions of the
Work or to other activities unrelated to the Work (including any additional costs
reasonably incurred in connection with such reallocation or redeployment).
3. Costs for any rejected Work which failed to meet the requirements of the Contract
Documents and any necessary remedial Work.
13.5.2 Limitation on Acceleration Costs; Delay and Disruption Damages
13.5.2.1 Acceleration Costs; Delay, and Disruption Damages
Acceleration Costs shall be compensable hereunder only with respect to Change Orders issued
by the County as an alternative to allowing an extension of a Completion Deadline as
contemplated by Sections 13.2 and 13.3.2.2. Delay and disruption damages shall be
compensable hereunder only in the case of a delay which qualifies as a County -Caused Delay to
the extent that it entitles the Contractor to an extension of a Completion Deadline. Costs of
rearranging the Contractor's work plan not associated with an extension of a Completion
Deadline shall not be compensable hereunder.
13.5.2.2 Other Limitations
Delay and disruption damages shall be limited to direct costs directly attributable to the delays
described in Section 13.5.2.1 and mark-ups thereon in accordance with Section 13.7 and any
additional field office and jobsite overhead costs incurred by the Contractor directly attributable
to such delays. In addition, before the Contractor may obtain any increase in the Contract Price
to compensate for any delay and disruption damages or Acceleration Costs, the Contractor shall
have demonstrated to the County's satisfaction that:
1. Its schedule, which defines the affected Critical Path in fact sets forth a reasonable
method for completion of the Work.
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2. The change in the Work or other event or situation, which is the subject of the requested
Change Order, has caused or will result in an identifiable and measurable disruption of
the Work, which impacted the Critical Path Activity.
3. The delay or disruption damage was not due to any breach of contract or fault or
negligence, or act or failure to act of any Contractor -Related Entity, and could not
reasonably have been avoided by the Contractor, including by resequencing, reallocating
or redeploying its forces to other portions of the Work or other activities unrelated to the
Work (subject to reimbursement for additional costs reasonably incurred in connection
with such reallocation or redeployment).
4. The delay for which compensation is sought is not concurrent with any other delay
excluding County -Caused Delays.
5. The Contractor has suffered or will suffer actual costs due to such delay, each of which
costs shall be documented in a manner satisfactory to the County.
13.5.3 Limitation on Time Extensions
Any extension of a Completion Deadline allowed hereunder shall exclude any delay to the extent
that it:
1. Did not impact the Critical Path affecting a Completion Deadline.
2. Was due to the fault or negligence, or act or failure to act of any Contractor -Related
Entity.
3. Could reasonably have been avoided by the Contractor, including by resequencing,
reallocating or redeploying its forces to other portions of the Work (provided that if the
request for extension involves a County -Caused Delay, the County shall have agreed, if
requested to do so, to reimburse the Contractor for its costs incurred, if any, in
resequencing, reallocating, or redeploying its forces).
The Contractor shall be required to demonstrate to the County's satisfaction that the change in
the Work or other event or situation which is the subject of the request for Change Order seeking
a change in a Completion Deadline has caused or will result in an identifiable and measurable
disruption of the Work which has impacted the Critical Path Activity affecting a Completion
Deadline.
13.6 Pricing of Change Orders
The County and the Contractor (on its own behalf and on behalf of its Subcontractors) shall
endeavor to negotiate, in good faith, a reasonable cost for each Change Order, provided that
Change Orders issued under Section 13.2.2 are not subject to negotiations.
Subject to the foregoing exceptions, in general the price of a Change Order shall be negotiated in
accordance with this Section 13.6 or shall be based on Time and Materials records pursuant to
Section 13.7.
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13.6.1 Contents
A negotiated Change Order shall specify, as applicable, scheduling requirements, time
extensions, if any, and all costs of any nature arising out of the Work covered by the Change
Order. Notwithstanding the foregoing, the parties may mutually agree to use a multiple -step
process involving issuance of a Change Order which includes an estimated design cost and
which provides for another Change Order modifying the first Change Order to be issued after a
certain design level has been reached, thus allowing a refinement and definition of the estimated
construction cost.
13.6.2 Unit Price Change Orders
The County and the Contractor may agree to negotiate unit prices for changed Work.
Measurement of unit -priced quantities will be as specified in the Change Order. Unit prices shall
be deemed to include all costs for labor, material, overhead and profit, and shall not be subject to
change regardless of any change in the estimated quantities. Unit -priced Change Orders shall
initially include an estimated increase in the Contract Price based on estimated quantities. Upon
final determination of the quantities, the County will issue a modified Change Order setting forth
the final adjustment to the Contract Price.
13.6.3 Added, Deleted, or Both Added and Deleted Work
When the Change Order adds Work to the Contractor's scope, deletes Work from the
Contractor's scope (including deletion of any Work contained in the Contract that is found to be
unnecessary), or both adds and deletes Work, the increase or decrease in the Contract Price shall
be negotiated based on estimated costs of labor, material and equipment, or shall be based on
actual costs in accordance with Section 13.7. For negotiated Change Orders, mark-ups for profit
and overhead shall be as provided in Section 13.7, and risk associated with the Work described
in the Change Order shall be addressed through an additional amount agreed to by the County
and the Contractor.
13.7 Time and Materials Change Orders
The County may at its discretion issue a Time and Materials Change Order whenever the County
determines that a Time and Materials Change Order is advisable. The Time and Materials
Change Order shall instruct the Contractor to perform the Work, indicating expressly the
intention to treat the items as changes in the Work, and setting forth the kind, character, and
limits of the Work as far as they can be ascertained, the terms under which changes to the
Contract Price will be determined and the estimated total change in the Contract Price anticipated
there under. Upon final determination of the allowable costs, the County shall issue another
Change Order modifying the prior Change Order setting forth the final adjustment to the
Contract Price. The following costs and mark-ups (and no others) shall be used for calculating
the change in the Contract Price. No direct compensation will be allowed for other
miscellaneous costs for which no specific allowance is provided in this Section 13.7.
13.7.1 Labor Costs
The cost of labor shall be separated into construction -related Work and non -construction -related
Work as described below. The use of a labor classification that would increase the extra work
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cost will not be permitted unless the Contractor establishes the necessity for such additional
costs. The cost of labor shall be calculated based on straight time for all hours worked, unless the
Contractor obtains the County's prior Approval for overtime.
13.7.1.1 Construction Labor
The cost of labor for workers used in the actual and direct performance of construction -related
Work, whether provided by the Contractor or a Subcontractor, will equal the sum of the
following: (i) Actual unburdened wages (i.e. the base wage paid to the employee exclusive of
any fringe benefits); plus (ii) a labor surcharge of 67 percent of actual unburdened wages, which
shall constitute full compensation for all state and federal payroll, unemployment and other
taxes, insurance, fringe benefits (including health insurance, retirement plans, vacation, sick
leave, and bonuses) and all other payments made to, or on behalf of, the workers, in excess of
actual wages, as well as for overhead.
13.7.1.2 Non -Construction Labor
The cost of labor for non -construction -related Work, whether provided by the Contractor or a
Subcontractor, will equal the sum of the following: (i) Actual wages (i.e. the base wage paid to
the employee exclusive of any fringe benefits); plus (ii) Actual direct costs paid to, or on behalf
of, workers (subject to audit under Section 22.3), including all state and federal payroll,
unemployment and other taxes, insurance, fringe benefits (including health insurance, retirement
plans, vacation, sick leave and bonuses) and overhead, but not to exceed 140 percent.
13.7.2 Material Costs
Material costs shall be the actual cost of all materials to be used in the performance of
construction Work including normal wastage allowance as per industry standards, subject to the
requirements set forth in this Section 13.7.2. The material prices shall be supported by valid
quotes and invoices from the Suppliers. The cost shall include applicable sales taxes, freight and
delivery charges and any allowable discounts (exclusive of machinery rentals). The County
reserves the right to Approve materials and sources of supply of materials to be furnished by the
Contractor or Subcontractors, and shall have the right to furnish such materials as it deems
advisable. The price allowed for materials shall be adjusted as follows:
13.7.2.1 Affiliated Source of Supply
If the materials are obtained from a supply or source owned in whole or in part by the Contractor
or a Subcontractor, the cost of such materials shall not exceed the lesser of the lowest price
charged by the Contractor or such Subcontractor (as applicable) for similar materials furnished to
other jobs or the current wholesale price for such materials delivered to the Site.
13.7.2.2 Excessive Cost
If the cost of such materials is, in the opinion of the County, excessive, then the cost allowed for
such materials shall be the lowest current wholesale price at which such materials were available,
in the quantities needed and delivered to the Site.
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13.7.2.3 Evidence of Cost
If the Contractor or any Subcontractor (as applicable) does not furnish satisfactory evidence of
the cost of such materials from the actual supplier thereof within 60 days after the date of
delivery of the material, the County reserves the right to establish the cost of such materials at
the lowest current wholesale prices at which such materials were available, in the quantities
needed and delivered to the Site.
13.7.3 Equipment
13.7.3.1 Blue Book
Contractor will be paid for the use of equipment owned or rented by Contractor or any
Subcontractor for actual use in construction of the Project at an hourly rate derived from the most
recently published Rental Rate Blue Book for Construction Equipment by Dataquest, Inc., San
Jose, California which is in effect at the time of commencement of the changed Work (the "Blue
Book").
The total hourly rates derived from the above publication are computed from equipment costs
currently in effect. The rates derived do not include costs for operating personnel. The rates
require adjustment by a Regional Factor and a Depreciation Factor found in the front of each
chapter in the Blue Book.
13.7.3.2 Rate Categories
Equipment use rates fall in the following two categories:
(a) Operating Rate: This rate applies to those hours the equipment is actually in use, includes
ownership and operating costs, and shall equal the Blue Book monthly rate adjusted for
year of manufacture divided by 176 times the Regional Factor of 1.06 plus the estimated
hourly operating costs from the Blue Book.
(b) Standby Rate: This rate applies to equipment required to be at the Site but not operating,
includes ownership costs only, and shall equal the Blue Book monthly rate adjusted for
year of manufacture divided by 176 times the Regional Factor of 1.06 times 0.5. The
duration of allowable standby time is to be Approved in writing by the County with a
maximum of eight hours per day or 40 hours in a normal week.
When the "manufacturer's rated capacity" falls between those shown in the Blue Book, the
closest rated capacity will be used, without interpolation. All rates shall be agreed upon in
writing before work is begun. Payment will not be made for pickup trucks used solely for
transportation.
13.7.3.3 Specialized Equipment
In cases where the equipment to be used is specialized in nature and is not available in
Contractor's inventory and is rented or leased from an outside agency a 10 percent allowance will
be added on the first $5,000 plus 5 percent of the balance in excess of $5,000 for overhead for all
rented or leased equipment paid for by invoices. Where the rate charged by the agency exceeds
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the rate determined by the Blue Book, the rental or lease agreement shall be submitted to the
County for Approval. The equipment operating costs from the Blue Book will be paid for rented
or leased equipment for each hour the equipment was actually used.
13.7.3.4 Rented Equipment
In those cases where the required equipment is in Contractor's or Subcontractor's available
inventory but not on the Site, the equipment may be rented from a local source. The County may
Approve rental rates for equipment obtained from local sources when such rates are within 10
percent of rates in the Blue Book. When the equipment use is of short duration (less than a
week) "move -in" and "move -out" costs for equipment owned by Contractor or Subcontractors
may be considered when comparing rental costs of equipment obtained from local sources.
This option will only be allowed when the cost of locally rented equipment would be less than
using owned equipment, including "move -in" and "move -out" charges. Such rentals must be
supported by a cost analysis indicating the method used was the least expensive. Should
equipment be rented even though it is of a type that is in Contractor's or Subcontractor's
inventory and the rental costs exceed that allowed by this paragraph, Contractor will be
reimbursed for such equipment based on the rates in the Blue Book.
117.3.5 Small Tools
The rates paid as above provided shall be deemed to include compensation for the cost of fuel,
oil, lubricants, supplies, small tools, necessary attachments, repairs and maintenance of all kinds,
depreciation, storage, insurance and all incidentals. Individual pieces of equipment or tools not
listed in the Blue Book and having an individual replacement value of $1,000 or less, whether or
not consumed by use, shall be considered to be small tools. Equipment rental rates not provided
by the Blue Book must be Approved by the County before the start of any Change Order Work.
13.7.3.6 Equipment Operators
Equipment operators will be paid for as stipulated in Section 13.7.1.
13.7.17 Condition of Equipment
All equipment shall be in good working condition and suitable for the purpose for which the
equipment is to be used.
13.7.3.8 Classification of Equipment
Unless otherwise specified, manufacturer's ratings and manufacturer -approved modifications
shall be used to classify equipment for the determination of applicable rental rates.
13.7.3.9 Computation of Time
The time to be paid for use of equipment on the Site shall be the time the equipment is in
operation on the Time and Materials Change Order Work being performed. The time shall
include the reasonable time required to move the equipment to the location of the Time and
Materials Change Order Work and return it to the original location or to another location
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requiring no more time than that required to return it to its original location. Moving time will
not be paid for if the equipment is also used at the Site other than for Time and Materials Change
Order Work. Loading and transporting costs will be allowed, in lieu of moving time, when the
equipment is moved by means other than its own power. No payment for loading and
transporting will be made if the equipment is also used at the Site other than for Time and
Materials Change Order Work. Time will be computed in half and full hours. In computing the
time for use of equipment, less than 30 minutes shall be considered one-half hour.
13.7.4 Permit Fees
The Contractor will be reimbursed for the cost of any additional permit fees payable as the result
of the change in the Work. Back-up documentation supporting each cost item for this category
shall be provided by the Contractor and Approved by the County prior to any payment
authorization being granted.
13.7.5 Subcontracted Work
The County will pay the Contractor one, and only one, mark-up on Subcontracted Work. This
mark-up shall fully compensate the Contractor (and all Subcontractors) for administration,
general superintendence, overhead, profit and expenses not otherwise recoverable with respect to
subcontracted Work. No mark-up shall be allowed for: (i) Subcontracts with Affiliates; or
(ii) Subcontracts with Suppliers.
13.7.6 Mark -Ups
In addition to the added costs as determined above, Contractor will be paid mark-ups in
accordance with CDOT Standard Specifications for Road and Bridge Construction, No. 109.04.
13.7.7 Time and Materials Records
13.7.7.1 Collection and Maintenance of Data
The Contractor shall maintain its records in such a manner as to provide a clear distinction
between: (i) the direct cost of Work for which it is entitled (or for which it believes it is entitled)
to an increase in the Contract Price; and (ii) the costs of other operations. The Contractor shall
contemporaneously collect, record in writing, segregate, and preserve: (i) all data necessary to
determine the costs described in this Section 13.7 with respect to all Work which is the subject of
a Change Order or a requested Change Order, specifically including costs associated with design
Work as well as Utility Relocations, but specifically excluding all negotiated Change Orders
(except for lump sum Work Orders that are also Change Orders as described in Section 13.1.1.1);
and (ii) all data necessary to show the actual impact (if any) of the change on the Critical Path
affecting a Completion Deadline with respect to all Work which is the subject of a Change Order
or a proposed Change Order, if the impact on the Critical Path affecting a Completion Deadline
is in dispute. Such data shall be provided pursuant to Section 20, on forms Approved by the
County. The cost of furnishing such reports is included in the Contractor's predetermined
overhead and profit mark-ups.
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13.7.7.2 Daily Reports
The Contractor shall furnish daily, on forms Approved by the County, reports of Time and
Materials Change Order Work. The cost of furnishing such reports shall be included in the
Contractor's overhead and profit percentages. The reports shall include:
1. Name, classification, date, daily hours, total hours, rate, and extension for each worker
(including both construction and non -construction personnel) and foreman.
2. Designation, dates, daily hours, total hours, rental rate, and extension for each unit of
machinery and equipment.
3. Quantities of materials, prices and extensions.
4. Transportation costs of materials, machinery, and equipment.
5. Invoices for materials used and for transportation charges.
The reports shall also state the total costs to date for the Time and Materials Change Order Work.
13.7.7.3 Materials
If materials used on the Time and Materials Change Order Work are not specifically purchased
for the Work but are taken from the Contractor's stock, the Contractor shall furnish an affidavit
certifying that such materials were taken from the Contractor's stock, that the quantity claimed
was actually used, and that the price and transportation costs claimed represent actual costs to the
Contractor.
13.7.7.4 Reports as Basis for Paym en t
All Time and Materials Change Order reports shall be signed by the Contractor's Project
Manager. The County will compare its records with the Contractor's reports, make the necessary
adjustments and compile the costs of Time and Materials Change Order Work. When such
reports are agreed upon and signed by both parties, they will become the basis of payment, but
shall not preclude subsequent adjustment based on a later audit. The Contractor's (and each
Subcontractor's) cost records pertaining to Work paid for on a time and materials basis shall be
open, during all regular business hours, to inspection or audit by representatives of the County
during the life of the Contract and for a period of not less than seven years after Final
Acceptance, and the Contractor (and each Subcontractor) shall retain such records for that
period. If an audit is to be commenced more than 60 days after Final Acceptance, the Contractor
will be given a 20 -day notice of the time when such audit is to begin.
13.8 Necessary Design Changes
13.8.1 Increase in Contract Price and/or Extension of Completion Deadlines
Upon the Contractor's fulfillment of all applicable requirements of Section 13, and subject to the
limitations contained therein, if a Necessary Design Change increases the cost and/or time to
perform the Work, the Contractor shall be entitled to an increase in the Contract Price and/or an
extension of the Completion Deadlines, excluding any costs and/or time that could have been
avoided by the Contractor; provided, however, the Contractor shall not be entitled to an increase
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in the Contract Price or an extension of the Completion Deadlines in connection with Errors
resulting from Approved ATCs incorporated in the Contract Documents.
13.8.2 Decrease in Contract Price and/or Extension of Completion Deadlines
If a Necessary Design Change decreases the cost and/or time to perform the Work, the Contract
Price and/or Completion Deadlines shall be decreased accordingly.
13.8.3 Change in Basic Configuration or Temporary Configuration Resulting from Value
Engineering Change Proposal
If a VECP results in a material change in Basic Configuration or Temporary Configuration, any
cost savings from such VECP shall be shared in accordance with Section 12.
13.9 Differing Site Conditions
As a result of this project being design -build, it is the County's expectation to complete this
project with no change orders resulting in additional cost unless such change orders are initiated
by the County. Change orders will only be entertained by the County in the event of
extraordinary circumstances. It is anticipated that change orders relating to reductions in costs
and County initiated change orders may occur.
In accordance with Addendum 15, Contractor shall not be entitled to a change order for Differing
Site Conditions. By way of example, Differing Site Conditions include but are not limited to the
following (if not considered extraordinary circumstances):
1. Encountering groundwater
2. Discovery of debris (buried or unburied) within the ROW
3. Existing asphalt thicknesses that are different than expected
4. Lack of on -site R-40 material
5. Increased costs due to relocations of utilities and/or gas/oil facilities
6. Increased costs due to ROW or easement acquisitions
7. Discovery of septic systems, leach fields, or other ancillary wastewater infrastructure
8. Discovery of unknown irrigation facilities, landscape irrigation systems, or water wells
9. Suitable soils for structural foundations
10. Muck excavation — see Project Special Provision Section 203.09(a) in Addendum 13
13.9.1 Responsibilities of the County
Upon the Contractor's fulfillment of all applicable requirements of Sections 5.3 and 13, and
subject to the limitations contained therein, the County shall be responsible for, and agrees to
issue Change Orders to: (i) compensate the Contractor for additional costs directly attributable to
changes in the Work arising from Differing Site Conditions considered to be an extraordinary
circumstanceand (ii)extend the Completion Deadlines as the result of any delay in the Critical
Path caused by any such conditions.
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13.9.2 Burden of Proof
The Contractor shall bear the burden of proving that a Differing Site Condition is an
extraordinary circumstance. and that it could not reasonably have worked around the Differing
Site Condition so as to avoid additional cost. Each request for a Change Order relating to a
Differing Site Condition shall be accompanied by a statement signed by a qualified professional
setting forth all relevant assumptions made by the Contractor with respect to the condition of the
Site, justifying the basis for such assumptions, explaining exactly how the existing conditions are
eligible for a Change Order under the terms of this Book 1, and stating the efforts undertaken by
the Contractor to find alternative design or construction solutions to eliminate or minimize the
problem and the associated costs.
13.10 Certain Events
Upon the Contractor's fulfillment of all applicable requirements of Section 13, and subject to the
limitations contained therein, the County shall be responsible for, and agrees to issue Change
Orders: (i) to compensate the Contractor for additional costs directly attributable to the events set
forth in Section 13.3.1.1; and/or (ii) extend the applicable Completion Deadlines as the result of
any delay in the Critical Path affecting a Completion Deadline caused by a Force Majeure event
as defined in 13.3.1.2.
13.11 Hazardous Substances Management
Except as expressly provided in this Section 13.11, the Contract Price includes the cost of all
Activities to be performed by the Contractor as described in Book 2, Section 5. (Accordingly,
compensation for certain Activities required under Book 2, Section 5.0, including investigating,
monitoring, characterizing and testing, are included in the Contract Price and the Contractor shall
not be entitled to additional payment under Section 13.11.1 therefore.)
13.11.1 Price Increase
Subject to Section 13.11.3, the Contractor shall be entitled to payment for Remediation Work
(excluding those conditions for which the Contractor has agreed to be responsible as described in
Section 18.1.1(7)) through a Change Order priced in accordance with Section 13.6 or 13.7.
13.11.2 Time Extension
The Contractor shall be entitled to an extension of the Completion Deadlines to the extent that
any delay in the Critical Path affecting a Completion Deadline is directly attributable to
Remediation Work compensable under Section 13.11.1.
13.11.3 Limitations on Change O`•ders
All Change Orders authorized by this Section 13.11 shall be subject to the restrictions,
limitations and procedures set forth in Section 13. Allowable costs shall be limited to the
incremental costs associated with the fact that Hazardous Substances subject to Remediation
Work compensable under Section 13.11.1 are present (deducting any avoided costs such as re-
use and/or disposal of Non -Hazardous Substances) after completion of the testing process to
determine whether Hazardous Substances are present.
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The Contractor shall take all reasonable steps to minimize any such costs. In addition,
compensation for Remediation Work compensable under Section 13.11.1 will not be allowed
unless the Contractor demonstrates to the County's satisfaction that: (i) the Remediation Work
could not have been avoided by reasonable design modifications or construction techniques; and
(ii) the Contractor's plan for the Remediation Work represents the approach which is most
beneficial to the Project and the public. The Contractor shall provide the County with such
information, analyses and certificates as may be requested by the County in order to enable a
determination regarding eligibility for payment.
13.12 Material Errors in Right -of -Way Plans
Upon the Contractor's fulfillment of all applicable requirements of this Section 13, and subject to
the limitations contained therein, the County shall be responsible for, and agrees to issue Change
Orders: (i) to compensate the Contractor for additional costs directly attributable to material
errors in the right-of-way limits indicated in the ROW Plans as of June 30, 2016; and (ii) to
extend the Completion Deadlines as the result of any delay in the Critical Path caused by any
such errors. The Contractor shall provide written notice to the County immediately upon
discovery of any such material error. The County, in the County's sole discretion, shall have the
right to cure any such error such as by acquiring additional property.
13.13 Waiver
THE CONTRACTOR HEREBY EXPRESSLY WAIVES ALL RIGHTS TO ASSERT ANY
AND ALL CLAIMS BASED ON ANY CHANGE IN THE WORK, DELAY OR
ACCELERATION (INCLUDING ANY CHANGE, DELAY, SUSPENSION OR
ACCELERATION WHICH, BUT FOR THE EXPRESS TERMS OF THE CONTRACT
DOCUMENTS, COULD BE INFERRED OR IMPLIED AT LAW) FOR WHICH THE
CONTRACTOR FAILED TO PROVIDE PROPER AND TIMELY NOTICE OR FAILED TO
PROVIDE A TIMELY CHANGE REQUEST FOR CHANGE ORDER, AND AGREES THAT
THE CONTRACTOR SHALL BE ENTITLED TO NO COMPENSATION OR DAMAGES
WHATSOEVER IN CONNECTION WITH THE WORK EXCEPT TO THE EXTENT THAT
THE CONTRACT DOCUMENTS EXPRESSLY SPECIFY THAT THE CONTRACTOR IS
ENTITLED TO A CHANGE ORDER OR OTHER COMPENSATION OR DAMAGES. IF A
DEADLINE IS MISSED THAT DOES NOT PREJUDICE EITHER PARTY, FURTHER
RELIEF SHALL BE ALLOWED.
13.14 Disputes
If the County and the Contractor agree that a request to increase the Contract Price and/or extend
any Completion Deadline by the Contractor has merit, but are unable to agree as to the amount of
such price increase and/or time extension, the County agrees to mark up the Change Order
request or Change Order form, as applicable, provided by the Contractor to reduce the amount of
the price increase and/or time extension as deemed appropriate by the County. In such event, the
County will execute and deliver the marked -up Change Order to the Contractor within a
reasonable period after receipt of a request by the Contractor to do so, and thereafter will make
payment and/or grant a time extension based on such marked -up Change Order. The failure of
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the County and the Contractor to agree to any Change Order under this Section 13 (including
agreement as to the amount of compensation allowed under a Time and Materials Change Order
and the disputed amount of the increase in the Contract Price and/or extension of a Completion
Deadline in connection with a Change Order as described above) shall be a Dispute to be
resolved pursuant to Section 19. Except as otherwise specified in the Change Order, execution
of a Change Order by both parties shall be deemed accord and satisfaction of all claims by the
Contractor of any nature arising from or relating to the Work covered by the Change Order.
The Contractor's Claim and any award by the dispute resolver shall be limited to the incremental
costs incurred by the Contractor with respect to the disputed matter (crediting the County for any
corresponding reduction in the Contractor's other costs) and shall in no event exceed the
amounts allowed by Section 13.7 with respect thereto.
13.15 No Release or Waiver
13.15.1 Extension of Time for Performance
No extension of time granted hereunder shall release the Contractor's Surety from its obligations.
The County shall not be deemed to have waived any rights under the Contract (including its right
to abrogate the Contract for abandonment or for failure to complete within the time specified, or
to impose and deduct damages as may be provided herein) as the result of any grant of an
extension of time beyond the date fixed for the completion of any part of the Work, any
acceptance of performance of any part of the Work after a Completion Deadline, or the making
of any payments to the Contractor after such date.
13.15.2 No Change Order Based on Course of Conduct or Order by Unauthorized Person
No course of conduct or dealings between the parties, or express or implied acceptance of
alterations or additions to the Work, and no claim that the County has been unjustly enriched
shall be the basis for any claim, request for additional compensation or extension of a
Completion Deadline. Further, the Contractor shall undertake, at its risk, work included in any
request, order or other authorization issued by a person in excess of that person's authority as
provided herein, or included in any oral request. The Contractor shall be deemed to have
performed such work as a volunteer and at its sole cost. In addition, the County may require the
Contractor to remove or otherwise undo any such work, at the Contractor's sole cost.
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14.0 SUSPENSION OF WORK
14.1 Suspension for Convenience
The County may, at any time and for any reason, by written notice, order the Contractor to
suspend all or any part of the Work required under the Contract Documents for the period of
time that the County deems appropriate for the convenience of the County. The Contractor shall
promptly comply with any such written suspension order. The Contractor shall promptly
recommence the Work upon receipt of written notice from the County directing the Contractor to
resume Work. Suspensions related to seasonal or climatic conditions, or Force Majeure events
shall not be considered a County -Caused Delay.
14.2 Suspension for Cause
The County has the authority by written order (written direction provided by Weld County) to
suspend the Work without liability to the County wholly or in part for the Contractor's failure to:
1. Correct conditions unsafe for the Project personnel or general public.
2. Comply with any Governmental Approval, Legal Requirement, or otherwise carry out the
requirements of the Contract.
3. Carry out orders of the County.
4. Comply with environmental requirements or requirements for developing and
implementing the Quality Management Plan.
The Contractor shall promptly comply with any such written suspension order. The Contractor
shall promptly recommence the Work upon receipt of written notice from the County directing
the Contractor to resume Work.
14.3 Contractor Responsibilities During Suspension
During periods that Work is suspended, the Contractor shall continue to be responsible for the
Work and shall prevent damage or injury to the Project and other facilities in the Project vicinity,
provide for drainage, obtain and maintain compliance with all Governmental Approvals,
maintain all Contractor -provided insurance and bonds and erect necessary temporary structures,
signs or other facilities required to maintain the Project and other facilities in the Project vicinity.
During any suspension period, unless otherwise directed by the County, the Contractor shall
continue to be responsible for maintenance of traffic in accordance with the Traffic Management
Plan and Section 16 of Book 2, for plant and landscape maintenance in accordance with
Section 17 of Book 2 and for maintenance during construction in accordance with Section 18 of
Book 2. If the suspension is for the County's convenience, the additional work performed by the
Contractor during the suspension period shall be considered County -Directed Changes.
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15.0 TERMINATION FOR CONVENIENCE
15.1 Notice of Termination
The County may terminate the Contract and the performance of the Work by the Contractor in
whole or, from time to time, in part, if the County determines, in its sole discretion, that a
termination is in the best public, State or national interest to do so. The County shall notify the
Contractor of its decision to terminate by delivering to the Contractor a written Notice of
Termination specifying the extent of termination and its effective date. Termination (or partial
termination) of the Contract shall not relieve any Surety of its obligation for any claims arising
out of the Work performed.
15.2 Contractor Responsibilities Upon Termination
After receipt of a Notice of Termination, and except as otherwise directed by the County, the
Contractor shall immediately proceed as follows, regardless of any delay in determining or
adjusting any amounts due under this Section 15.
1. Stop Work as specified in the notice.
2. Communicate such notice to all affected Subcontractors and that their Subcontracts are
not to be further performed unless otherwise authorized in writing by the County.
3. Place no further Subcontracts or orders for materials, services or facilities, except as
necessary to complete the continued portion of the Work, if any, or for mitigation of
damages.
4. Terminate all Subcontracts to the extent that they relate to the Work terminated.
5. Assign to the County in the manner, at the times, and as and to the extent directed by the
County, all of the right, title and interest of the Contractor under the Subcontracts so
terminated, in which case the County will have the right, in its sole discretion, to accept
performance, settle or pay any or all claims arising out of the termination of such
Subcontracts.
6. Settle all outstanding liabilities and claims arising out of such termination of
Subcontracts, with the Approval or ratification of the County, to the extent it may be
required, which Approval or ratification shall be final.
7. Provide the County with an inventory list of all materials previously produced, purchased
or ordered from Suppliers for use in the Work and not yet used in the Work, including its
storage location, as well as any documentation or other property required to be delivered
hereunder which is either in the process of development or previously completed but not
yet delivered to the County, and such other information as the County may request; and
transfer title and deliver to the County, in the manner, at the times, and as and to the
extent, if any, directed by the County: (i) fabricated or unfabricated parts, the Work in
process, completed Work, supplies and other material produced or acquired for the Work
terminated; and (ii) the Design Documents, Construction Documents and all other
completed or partially completed drawings (including plans, elevations, Sections, details
and diagrams), specifications, records, samples, information and other property that
would have been required to be furnished to the County if the Work had been completed.
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8. Complete performance in accordance with the Contract Documents of all Work not
terminated.
9. Take all action that may be necessary, or that the County may direct, for the safety,
protection and preservation of: (i) the public, including public and private vehicular
movement; (ii) the Work; and (iii) the equipment, machinery, materials and property
related to the Contract Documents that is in the possession of the Contractor and in which
the County has or may acquire an interest.
10. As authorized by the County in writing, use its best efforts to sell, in a manner, at the
times, to the extent, and at the price or prices directed or authorized by the County, any
property of the types referred to in Section 15.2(7); provided, however, that the
Contractor: (i) is not required to extend credit to any purchaser; and (ii) may acquire the
property under the conditions prescribed and at prices Approved by the County. The
proceeds of any transfer or disposition will be applied to reduce any payments to be made
by the County under the Contract Documents or paid in any other manner directed by the
County.
11 If requested by the County, withdraw from the portions of the Site designated by the
County and remove such materials, equipment, tools and instruments used by, and any
debris or waste materials generated by, the Contractor and any Subcontractor in the
performance of the Work as the County may direct.
12. Take other actions directed by the County.
15.3 Responsibility After Notice of Termination
The Contractor shall continue to be responsible for damage to materials after issuance of the
Notice of Termination, except as follows:
1. The Contractor's responsibility for damage to materials for which partial payment has
been made as provided herein shall terminate when the County certifies that those
materials have been stored in the manner and at the locations directed by the County.
2. The Contractor's responsibility for damage to materials purchased by the County
subsequent to the issuance of Notice of Termination shall terminate when title and
delivery of those materials has been taken by the County.
Immediately after the County determines that the Contractor has completed the Work directed to
be completed prior to termination and such other work as may have been ordered to secure the
Project for termination, the Contractor will not be required to provide for continuing safety,
Security and maintenance at the Site.
15.4 Negotiated Termination Settlement
15.4.1 Settlement Proposal
After receipt of a Notice of Termination, the Contractor shall submit a final termination
settlement proposal to the County in the form and with the certification prescribed by the
County. The Contractor shall submit the proposal promptly, but no later than 60 days from the
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effective date of termination, unless the Contractor has requested a time extension in writing
within such 60 -Day period and the County has agreed in writing to allow such an extension. The
County will then review the Contractor's termination settlement proposal and will act upon it,
return it with comments or reject it. If the Contractor fails to submit the proposal within the time
allowed, the County may determine, on the basis of information available to it, the amount, if
any, due the Contractor because of the termination and shall pay the Contractor the amount so
determined.
15.4.2 Negotiated Settlement Amount
The Contractor and the County may agree, as provided in Section 15.4.1, upon the whole or any
part of the amount or amounts to be paid to the Contractor by reason of the total or partial
termination of Work pursuant to this Section 15. Such negotiated settlement may include a
reasonable allowance for profit solely on Work which has been completed as of the termination
date and subsequently Accepted by the County. Such agreed amount(s), exclusive of settlement
costs, shall not exceed the total Contract Price as reduced by the amount of payments otherwise
made and as further reduced by the Contract Price of Work not terminated. Upon determination
of the settlement amount the Contract will be amended accordingly, and the Contractor will be
paid the agreed amount. Nothing in Section 15.5, prescribing the amount to be paid to the
Contractor in the event that the Contractor and the County fail to agree upon the whole amount
to be paid to the Contractor by reason of the termination of Work pursuant to this Section 15,
shall be deemed to limit, restrict or otherwise determine or affect the amount(s) which may be
agreed upon to be paid to the Contractor pursuant to this Section 15.4. Unless otherwise agreed
to by the parties as a part of a negotiated settlement, the County's execution and delivery of any
settlement agreement shall not affect any of its rights under the Contract Documents with respect
to completed Work, relieve the Contractor from its obligations with respect thereto, including
Warranties, or affect the County's rights under the Payment and Performance Bond as to such
completed or non -terminated Work.
15.5 Determination of Settlement Amount if Negotiations Fail
If the Contractor and the County fail to agree, as provided in Section 15.4.2, upon the whole
amount to be paid to the Contractor by reason of the termination of Work pursuant to this
Section 15, the amount payable (exclusive of interest charges) shall be determined by the County
in accordance with the following, but without duplication of any amounts agreed upon in
accordance with Section 15.4:
15.5.1 Payment Amount
The County will pay the Contractor the sum of the following amounts for Work performed prior
to the effective date of the Notice of Termination, as such amounts are determined by the
County:
1. The Contractor's actual reasonable out-of-pocket cost (without profit, and including
equipment costs only to the extent permitted by Section 13) for all Work performed,
including mobilization, demobilization and work done to secure the Project for
termination, including reasonable overhead and accounting for any refunds payable with
respect to insurance premiums, deposits or similar items, as established to the County's
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satisfaction. In determining the reasonable cost, deductions will be made for the cost of
materials to be retained by the Contractor, amounts realized by the sale of materials and
for other appropriate credits. Deductions will also be made for the cost of damaged
materials. When, in the opinion of the County, the cost of an item of Work is excessively
high due to costs incurred to remedy or replace defective or rejected Work, the
reasonable cost to be allowed will be the estimated reasonable cost of performing that
Work in compliance with the requirements of the Contract Documents and the excessive
actual cost will be disallowed.
2. As profit on Clause 1 above, a sum determined by the County to be fair and reasonable;
provided, however, that if it appears that the Contractor would have sustained a loss on
the entire Contract had it been completed, no profit shall be included or allowed under
this Section 15.5.1 and an appropriate adjustment shall be made by reducing the amount
of the settlement to reflect the indicated rate of loss.
3. The cost of settling and paying claims arising out of the termination of Work under
Subcontracts as provided in Section 15.2(6), exclusive of the amounts paid or payable on
account of supplies or materials delivered or services furnished by the Subcontractor
prior to the effective date of the Notice of Termination under the Contract, which
amounts shall be included in the cost on account of which payment is made under
clause 1 above.
4. The reasonable out-of-pocket cost (including reasonable overhead) of the preservation
and protection of property incurred pursuant to Section 15.2(9) and any other reasonable
out-of-pocket cost (including overhead) incidental to termination of Work under the
Contract, including the reasonable cost to the Contractor of handling material returned to
the vendor, delivered to the County or otherwise disposed of as directed by the County,
and including a reasonable allowance for the Contractor's administrative costs in
determining the amount due to the Contractor as the result of the termination of Work
under the Contract.
5. If the termination occurs prior to issuance of NTP2, the County will pay for completed
work.
15.5.2 Maximum Compensation
The Contractor acknowledges and agrees that it shall not be entitled to any compensation in
excess of the value of the Work performed (determined as provided in Section 15.5.1) plus its
settlement costs, and that items such as lost or anticipated profits, unabsorbed overhead and
opportunity costs shall not be recoverable by it upon termination of the Contract. However, the
total amount to be paid to the Contractor, exclusive of costs described in Sections 15.5.1(3), (4)
and (5), may not exceed the total Contract Price less the amount of payments previously made
and less the Contract Price of any Work not terminated. Furthermore, if any refund is payable
with respect to insurance or bond premiums, deposits or similar items which were previously
passed through to the County by the Contractor, such refund shall be paid directly to the County
or otherwise credited to the County. Notwithstanding anything to the contrary contained herein,
if a termination occurs prior to issuance of NTP2, the total amount payable to the Contractor
shall in no event exceed the NTP 1 Payment Cap. If a termination occurs prior to the issuance of
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NTP3, the total amount payable to the Contractor shall in no event exceed the combined
Payment Caps of NTP 1 and NTP2.
15.5.3 Excluded Items
Except for normal spoilage, and except to the extent that the County will have otherwise
expressly assumed the risk of loss, there will be excluded from the amounts payable to the
Contractor under Section 15.5.1, the fair value, as determined by the County, of equipment,
machinery, materials and property which is destroyed, lost, stolen or damaged so as to become
undeliverable to the County, or to a buyer pursuant to Section 15.2(10). The amount set forth in
the Proposal by the Contractor for the Work terminated shall be a factor to be analyzed in
determining the value of the Work terminated.
15.5.4 Payment of Termination Amount
Upon determination of the amount of the termination payment, the Contract shall be amended to
reflect the agreed termination payment, and the Contractor shall be paid the agreed amount.
15.6 Partial Termination
If a termination hereunder is partial, the Contract Price for the remainder of the Work shall be
adjusted as appropriate to account for the change in the overall scope of the Project.
15.7 Reduction in Amount of Claim
The amount otherwise due the Contractor under this Section 15 shall be reduced by: (i) all
unliquidated advance or other payments made to or on behalf of the Contractor applicable to the
terminated portion of the Contract; (ii) the amount of any claim which the County may have
against any Contractor -Related Entity in connection with the Contract; (iii) the agreed price for,
or the proceeds of the sale of, any property, materials, supplies or other things acquired by the
Contractor or sold, pursuant to the provisions of this Section 15, and not otherwise recovered by
or credited to the County; (iv) amounts that the County deems advisable, in its sole discretion, to
retain to cover any existing or threatened claims, Liens and stop notices relating to the Project,
including claims by Utility Owners; (v) the cost of repairing any Nonconforming Work, and
(vi) any amounts due or payable by the Contractor to the County.
15.8 Partial Payments
The County may, from time to time, under such terms and conditions as it may prescribe and in
its sole discretion, make partial payments on account against costs incurred by the Contractor in
connection with the terminated portion of the Contract, whenever in the opinion of the County
the aggregate of such payments shall be within the amount to which the Contractor will be
entitled under this Section 15. If the total of such payments is in excess of the amount finally
agreed or determined to be due under this Section 15, such excess shall be payable by the
Contractor to the County upon demand together with interest at a rate equal to the average rate at
the time being received from the investment of state funds, as determined by the State Treasurer,
for the period from the date such excess payment is received by Contractor to the date on which
such excess is repaid to the County. However, no interest will be charged with respect to any
such excess payment attributable to a reduction in Contractor's claim by reason of retention or
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other disposition of termination inventory until ten days after the date of such retention or
disposition, or such later date as determined by the County by reason of the circumstances.
15.9 Inclusion in Subcontracts
The Contractor shall insert in all Subcontracts a requirement that the Subcontractor shall stop
Work on the date and to the extent specified in a Notice of Termination from the County in
accordance with this Section 15, and shall require Subcontractors to insert the same provision in
each Subcontract at all tiers.
15.10 Limitation on Payments to Subcontractor
For the purposes of Sections 15.4.2 and 15.5, upon termination under Section 15.2(4) of Work
under any Subcontract, the Contractor will not be entitled to reimbursement for that portion of
the termination settlement with any such Subcontractor which constitutes anticipatory or
unearned profit on Work not performed, or which constitutes consequential damages on account
of the termination or partial termination.
15.11 No Unearned Profits or Consequential Damages
Under no circumstances shall the Contractor be entitled to anticipatory or unearned profits or
consequential or other damages as a result of a termination or partial termination under this
Section 15. The payment to the Contractor determined in accordance with this Section 15
constitutes the Contractor's sole and exclusive remedy for a termination under this Section 15.
15.12 No Waiver
Anything contained in the Contract to the contrary notwithstanding, a termination under this
Section 15 shall not waive any right or claim to damages, which the County may have, and the
County may pursue any cause of action, which it may have at law or in equity or under the
Contract.
15.13 Dispute Resolution
The failure of the parties to agree on amounts due under this Section 15 shall be a Dispute to be
resolved in accordance with Section 19.
15.14 Allowability of Costs
All costs claimed by the Contractor under this Section 15 shall, at a minimum, be allowable,
allocable and reasonable in accordance with the cost principles and procedures of 48 CFR
Part 31.
15.15 Suspension of Work
In the event of any suspension of Work by the County, after issuance of NTP 1, for more than
180 consecutive days, the Contractor shall have the right to consider the Contract to have been
terminated for convenience under this Section 15. The Contractor shall notify the County of
such election by delivering to the County a written notice of termination due to such suspension
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specifying its effective date. Upon delivery by the Contractor to the County of a notice of
termination due to suspension, the provisions of this Section 15 shall apply.
15.16 Termination Due to Non -Appropriation of Funds
15.16.1 Availability of Funds
The obligation of the County to make any payments to the Contractor hereunder is contingent
upon funds being appropriated, budgeted, allocated and otherwise made available by the County
in amounts to meet its funding obligations for the Contract. The Contractor is not obligated to
perform Work, and correspondingly is not entitled to any compensation for Work performed, in
any fiscal year beyond the amount, if any, appropriated and made available by the County in
amounts to meet its funding obligations for the Contract.
15.16.2 Anticipated Appropriations
Subject to Section 15.16.1, the County anticipates that:
1. Prior to issuance of NTP 1, an amount will be appropriated sufficient to allow the County
to make estimated payments under the Contract for Work to be performed through the
end of the fiscal year in which NTP1 is issued.
2. Prior to issuance of NTP2 an amount will be appropriated sufficient to allow the County
to make estimated payments under the Contract for Work to be performed through the
end of the fiscal year in which NTP2 is issued.
3. Prior to issuance of NTP3, an amount will be appropriated sufficient to allow the County
to make estimated payments under the Contract for Work to be performed through the
end of the fiscal year in which NTP3 is issued.
4. In each succeeding fiscal year during the life of the Contract, an amount will be
appropriated sufficient to allow the County to make estimated payments under the
Contract for Work to be performed through the end of such fiscal year.
15.16.3 Remedy for Failure to Appropriate
If funds are not budgeted, allocated or otherwise made available by the County or any other
governmental entity upon which the County has relied to provide a portion of the project funds,
resulting in stoppage of Work, the Contractor agrees to resume performance of the Work without
any modification to the terms and conditions hereof, provided that an appropriation therefore is
approved or funds are made available within 60 days after the Contractor stops Work under
Section 15.16.1. Any such Work stoppage shall be considered a suspension for convenience
under Section 14.1. If funds are not appropriated or made available before expiration of such 60 -
Day period, either party may terminate the Contract.
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PROJECT No. B 1400202
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16.0 DEFAULT
16.1 Default by Contractor
16.1.1 Events of Default
The Contractor shall be in breach under the Contract upon the occurrence of any one or more of
the following events or conditions:
1. The Contractor fails to promptly begin the Work under the Contract Documents
following issuance of NTP 1, 2, or 3.
2. The Contractor fails to perform the Work with sufficient resources to ensure the prompt
completion thereof; (e.g., the Contractor fails to execute remedial action in accordance
with the Quality Management Plan and Book 2, Section 3.0).
3. The Contractor fails to perform the Work in accordance with the Contract Documents,
refuses to remove and replace rejected materials or Nonconforming or unacceptable
Work, or fails to remove and replace workers as directed by the County under
Section 7.4.3.
4. The Contractor discontinues or suspends the prosecution of the Work (exclusive of Work
stoppage due to: (i) termination by the County; (ii) a Force Majeure event or suspension
by the County; or (iii) nonpayment by the County not related to a breach by the
Contractor) .
5. The Contractor fails to resume performance of Work, which has been suspended or
stopped, within a reasonable time after receipt of notice from the County to do so or (if
applicable) after cessation of the event preventing performance.
6. The Contractor breaches any other agreement, representation or warranty contained in the
Contract Documents, or the Contractor fails to perform any other obligation under the
Contract Documents, including EEO and DBE requirements.
7. The Contractor fails to provide and maintain the required insurance and payment and
performance bond.
8. The Contractor assigns or transfers the Contract Documents or any right or interest
therein, except as expressly permitted under Section 24.3.2.
9. The Contractor fails, absent a valid dispute, to make payment when due for labor,
equipment or materials in accordance with its agreements with Subcontractors and
applicable law, fails to comply with any Legal Requirement or Governmental Approval;
or fails reasonably to comply with the instructions of the County consistent with the
Contract Documents.
10. The Contractor fails to discharge or obtain a stay within ten days of any final judgment(s)
or order for the payment of money against it in excess of $100,000 in the aggregate
arising out of the prosecution of the Work (provided that, for purposes hereof, posting of
a bond in the amount of 125 percent of such judgment or order shall be deemed an
effective stay).
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11. The Contractor or any partner, joint venture member or other member of the Contractor
shall have become insolvent, generally does not pay its debts as they become due, admits
in writing its inability to pay its debts, or makes an assignment for the benefit of
creditors.
12. Insolvency, receivership, reorganization or bankruptcy proceedings shall have been
commenced by or against the Contractor or any partner, joint venture member or other
member of the Contractor and not dismissed within 60 days.
13. Any representation or warranty made by the Contractor in the Contract Documents or in
any certificate, schedule, instrument or other document delivered pursuant to the Contract
Documents shall have been false or materially misleading when made.
14. The Contractor is a party to fraud.
16.1.2 Right to Cure
The County agrees to allow the Contractor and Surety 15 days notice and opportunity to cure any
breach before declaring an Event of Default, provided that no such notice and opportunity to cure
is required for any breach, which by its nature cannot be cured. If a breach is curable but by its
nature cannot be cured within 15 days, as determined by the County, the County agrees not to
declare an Event of Default provided that the Contractor commences such cure within such 15 -
Day period and thereafter diligently prosecutes such cure to completion; provided, however, that
in no event will such cure period exceed 60 days in total. The Contractor hereby acknowledges
and agrees that the events described in Section 16.1.1(7) through (8) and (11) through (14) are
not curable. Notwithstanding the foregoing, if the County believes a condition affecting the
Project poses an immediate and imminent danger to public health or safety, the County may,
without notice and without awaiting lapse of any cure period, rectify the condition at the
Contractor's cost, and so long as the County undertakes such action in good faith, even if under a
mistaken belief in the occurrence of such default, such action shall not expose the County to
liability to the Contractor and shall not entitle the Contractor to any other remedy, it being
acknowledged that the County has a paramount public interest in providing and maintaining safe
public use of and access to the Project. the County's good faith determination of the existence of
such danger shall be deemed conclusive in the absence of clear and convincing evidence to the
contrary.
16.2 Remedies
16.2.1 Rights of the County
If an Event of Default occurs, then, in addition to all other rights and remedies provided by law
or equity or available under the Contract or otherwise, including the rights to recover Liquidated
Damages and to seek recourse against the surety bonds required hereby and/or other performance
Security, the County shall have the following rights and remedies, without further notice, and
without prejudice to any of its other rights or remedies and without waiving or releasing the
Contractor from any obligations, and the Contractor shall have the following obligations (as
applicable):
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1. The County may order the Contractor to suspend or discontinue the Work or any portion
of the Work.
2. The County may terminate the Contract or a portion thereof, in which case, the provisions
of Sections 15.2 and 15.3 shall apply.
3. If and as directed by the County, the Contractor shall withdraw from the Site; and shall
remove such materials, equipment, tools and instruments used by, and any debris or
waste materials generated by, any Contractor -Related Entity in the performance of the
Work.
4. The Contractor shall deliver to the County possession of any or all facilities of the
Contractor located on the Site as well as any or all Design Documents, Construction
Documents and all other completed or partially completed drawings (including plans,
elevations, details and diagrams), specifications, records, information, schedules,
samples, Shop Drawings and other documents, that the County deems necessary for
completion of the Work.
5. The Contractor shall confirm the assignment to the County of the Subcontracts requested
by the County, and the Contractor shall terminate, at its cost, all other Subcontracts.
6. The County may deduct from any amounts payable by the County to the Contractor such
amounts payable by the Contractor to the County, including Liquidated Damages or other
damages payable to the County under the Contract Documents.
7. The County shall have the right, but not the obligation, to pay such amount and/or
perform such act as may then be required.
8. The County, without incurring any liability to the Contractor, shall have the rights to:
(i) take the performance of all or a portion of the Work from the Contractor (either with
or without the use of the Contractor's materials, equipment, tools and instruments) and
enter into an agreement with another Person for the completion of such Work; or (ii) use
such other methods, as in the opinion of the County, will be required for the completion
of the Project.
9. If the County exercises any right to perform any obligations of the Contractor, in the
exercise of such right the County may, but is not obligated to, among other things:
(i) perform or attempt to perform, or cause to be performed, such work; (ii) spend such
sums as the County deems necessary and reasonable to employ and pay such architects,
engineers, consultants and contractors and obtain materials and equipment as may be
required for the purpose of completing such work; (iii) execute all applications,
certificates and other documents as may be required for completing the work; (iv) modify
or terminate any contractual arrangements; (v) take any and all other actions which it may
in its sole discretion consider necessary to complete the Work; and (vi) prosecute and
defend any action or proceeding incident to the Work.
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16.2.2 Liability of Contractor
16.2.2.1 Occurrence of an Event of Default
If an Event of Default has occurred, the Contractor and Surety shall be jointly and severally
liable to the County (in addition to any damages specifically provided for under the Contract
Documents including the Liquidated Damages payable hereunder) for all costs reasonably
incurred by the County or any party acting on the County's behalf in completing the Work or
having the Work completed by another Person (including any re -procurement costs, throw away
costs for unused portions of the completed Work and increased financing costs). Upon the
occurrence of an Event of Default, the County shall be entitled to withhold all or any portion of
further payments to the Contractor until such time as the County is able to determine how much
(if any) remains owing to the Contractor. Promptly upon such determination, the County shall
notify the Contractor in writing of the amount, if any, that the Contractor shall pay the County or
that the County shall pay the Contractor with respect thereto. All costs and charges incurred by
the County, including attorneys', accountants' and expert witness fees and costs, together with
the cost of completing the Work under the Contract Documents, will be deducted from any
moneys due or which may become due to the Contractor. If such expense exceeds the sum
which would have been payable under the Contract, then the Contractor and its Surety(ies) shall
be liable and shall pay to the County the amount of such excess.
16.2.2.2 Assurance of Future Performance
It is recognized that if a default under Section 16.1.1(11) or (12) occurs, such event could impair
or frustrate the Contractor's performance of the Work. Accordingly, it is agreed that upon the
occurrence of any such event, the County shall be entitled to request of the Contractor, or its
successor in interest, adequate assurance of future performance in accordance with the terms and
conditions hereof
Failure to comply with such request within ten days of delivery of the request shall entitle the
County to terminate the Contract and to the accompanying rights set forth above. Pending
receipt of adequate assurance of performance and actual performance in accordance therewith,
the County shall be entitled to proceed with the Work with its own forces or with other
contractors on a time and material or other appropriate basis, the cost of which will be credited
against and deducted from the County's payment obligations hereunder. The foregoing shall be
in addition to all other rights and remedies provided by law or equity and such rights and
remedies as are otherwise available under the Contract and Payment and Performance Bond.
16.2.2.3 Alternative to Terminating Contract and Completing Work
In lieu of the provisions of this Section 16.2 for terminating the Contract and completing the
Work, the County may pay the Contractor for the parts already done according to the provisions
of the Contract Documents and may treat the parts remaining undone as if they had never been
included or contemplated by the Contract. No claim under this provision will be allowed the
Contractor for prospective profits on, or any other compensation relating to, Work uncompleted
by the Contractor.
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16.2.2.4 Termination Deemed to Constitute Termination for Convenience
If the Contract is terminated for grounds, which are later determined not to justify a termination
for default, such termination shall be deemed to constitute a termination for convenience
pursuant to Section 15.
16.2.2.5 Damages Resulting from Contractor's Breach or Failure to Pei form
If the County suffers damages as a result of the Contractor's breach or failure to perform an
obligation under the Contract Documents, then the County shall be entitled to recovery of such
damages from the Contractor regardless of whether the breach or failure that gives rise to the
damages ripens into an Event of Default.
16.2.2.6 Cumulative Remedies
The exercise or beginning of the exercise by the County of any one or more rights or remedies
under this Section 16.2 shall not preclude the simultaneous or later exercise by the County of any
or all other rights or remedies, each of which shall be cumulative.
16.2.2.7 Continued Liability of Contractor and Surety
The Contractor and Surety shall not be relieved of liability for continuing Liquidated Damages
on account of a default by the Contractor hereunder or by the County's declaration of an Event
of Default, or by actions taken by the County under this Section 16.2.
16.3 Right to Stop Work if Undisputed Payment is Not Made
The Contractor shall have the right to stop Work if the County fails to make an undisputed
payment due hereunder within seven days after receipt of notice of nonpayment. Any such Work
stoppage shall be considered a suspension under Section 14.1. The Contractor shall not have the
right to terminate the Contract for default as the result of any failure by the County to make an
undisputed payment due hereunder, but the Contractor shall have the right to declare a
termination for convenience under Section 15 upon meeting the requirements of Section 15.15.
16.4 Notice and Opportunity to Cure Other Types of County Breaches
In the event of any breach of the Contract by the County other than a failure to make payments to
the Contractor, the Contractor shall provide to the County a written notice describing the breach
and the opportunity to cure such breach. the County shall be entitled to 30 days notice and
opportunity to cure any such breach; provided that if such breach is capable of cure but by its
nature cannot be cured within 30 days, the County shall have such additional period of time as
may be reasonably necessary to cure the breach so long as the County commences such cure
within such 30 -day period, and thereafter diligently prosecutes such cure to completion. The
Contractor shall have no right to exercise any remedies to which it may be entitled at law or in
equity until the foregoing notice is delivered and the foregoing cure period lapses without cure of
the breach.
Weld County, Colorado
PROJECT No. B 1400202
I3ook 1 - Contract
17.0 DAMAGES
17.1 Liquidated Damages
17.1.1 Failure to Meet Contract Requirements
The Contractor understands and agrees that if the Contractor fails to complete the Work in
accordance with the Contract Documents, the County will suffer substantial losses and damages.
The Contractor agrees that it shall be liable for all such losses and damages. The Contractor
acknowledges and agrees that because of the unique nature of the Project, the fact that
inconvenience to the traveling public will be one of the significant impacts of any completion
delay, certain closure duration delays or failure to obtain access, it is impracticable and
extremely difficult to ascertain and determine the actual damages which would accrue to the
County and the public in the event of the Contractor's failure to achieve Project Completion or
Final Acceptance by the applicable Completion Deadlines, or to obtain necessary rights of access
to encroach upon private property. Therefore, the Contractor and the County have agreed to
stipulate the amount payable by the Contractor in the event of its failure to meet a Completion
Deadline or to obtain necessary rights of access. The Contractor acknowledges and agrees that
such Liquidated Damages are intended to compensate the County solely for the Contractor's
failure to meet these Contract Document requirements, and shall not excuse the Contractor from
liability from any other breach of Contract requirements, including any failure of the Work to
conform to applicable requirements.
17.1.1.1 Failure to Meet Contract Deadlines and Access Requirements
If the Contractor fails to achieve Project Completion and/or Final Acceptance by the applicable
Completion Deadline, the Contractor agrees to pay the County Liquidated Damages in the
following amounts:
$50,000 per Day (or portion of a Day) for the Contractor's failure to achieve final
completion byDecember 31, 2017, unless extended pursuant to this Contract.
17.1.1.2 Multiple Assessments of Liquidated Damages
Liquidated Damages may be assessed simultaneously under more than one subsection under
Section 17.1.1.1.
17.1.1.3 Maximum Damage Amounts
Cumulative Liquidated Damages under Section 17.1.1.1 shall not exceed $20,000,000.
17.1.2 Reasonableness of Liquidated Damage Amounts
The Contractor acknowledges and agrees that the foregoing damages have been set based on an
evaluation by the County of damages, which it will incur in each of the above events, including
additional interest expense as well as administrative costs. The Contractor and the County agree
that the amount of such damages are impossible to ascertain as of the date of execution hereof
and the parties have agreed to such Liquidated Damages in order to fix the Contractor's costs and
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to avoid later disputes over which items are properly chargeable to the Contractor. The
Contractor understands and agrees that any Liquidated Damages payable in accordance with this
Section 17.1 are in the nature of liquidated damages and not a penalty and that such sums are
reasonable under the circumstances existing as of the date of execution and delivery of the
Contract. The Contractor further acknowledges and agrees that Liquidated Damages may be
owing even though no Event of Default has occurred.
17.2 Waiver
17.2.1 No Waiver
Permitting or requiring the Contractor to continue and finish the Work or any part thereof after a
Completion Deadline shall not act as a waiver of the County's right to receive Liquidated
Damages hereunder or any rights or remedies otherwise available to the County.
17.3 Payment of Liquidated Damages
To the extent Liquidated Damages are not deducted from any amount owed by the County to the
Contractor, the County may send Contractor an invoice and the Liquidated Damages shall be
payable by the Contractor to the County within ten days after the Contractor's receipt of the
invoice therefore.
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18.0 INDEMNIFICATION
18.1 Indemnifications by Contractor
18.1.1 General Indemnities
Subject to Section 18.1.3, the Contractor shall release, defend, indemnify and hold harmless the
County and its agents, consultants, and their respective successors and assigns and their
respective shareholders, officers, directors, agents and employees (collectively referred to as the
"Indemnified Parties") from and against any and all claims, causes of action, suits, judgments,
investigations, legal or administrative proceedings, penalties, fines, damages, losses, liabilities,
costs and expenses, including any injury to or death of persons or damage to or loss of property
(including damage to utility facilities), and including attorneys', accountants' and expert witness
fees and costs, arising out of, relating to or resulting from:
1. The breach or alleged breach of the Contract by any Contractor -Related Entity.
2. The failure or alleged failure by any Contractor -Related Entity to comply with any
applicable Environmental Laws or other Legal Requirements (including Legal
Requirements regarding handling, generation, treatment, storage, transportation and
disposal of Hazardous Substances) or Governmental Approvals in performing the Work.
3. Any alleged patent or copyright infringement or other allegedly improper appropriation
or use of trade secrets, patents, proprietary information, know-how, copyright rights or
inventions in performance of the Work, or arising out of any use in connection with the
Project of methods, processes, designs, information or other items furnished or
communicated to the County or another Indemnified Party pursuant to the Contract;
provided that this indemnity shall not apply to any infringement resulting from the
County's failure to comply with specific written instructions regarding use provided to
the County by the Contractor.
4. The alleged negligent act or omission or willful misconduct of any Contractor -Related
Entity.
5. Any and all claims by any governmental or taxing authority claiming taxes based on
gross receipts, purchases or sales, or the use of any property or income of the Contractor
or any of its Subcontractors or any of their respective agents, officers or employees with
respect to any payment for the Work made to or earned by any Contractor --Related Entity.
6. Any and all claims filed in connection with the Work, including all expenses and
attorneys', accountants' and expert witness fees and costs incurred in discharging any
claim, provided that the County is not in default in payments owing to the Contractor
with respect to such Work.
7. Any spill or release or threatened spill or release of Hazardous Substances: (i) attributable
to the negligence, willful misconduct or breach of contract by any Contractor -Related
Entity; or (ii) which was brought onto the Site by any Contractor -Related Entity.
8. The claim or assertion by any contractor of inconvenience, disruption, delay or loss
caused by interference by any Contractor -Related Entity with or hindering the progress or
completion of work being performed by other contractors as described in Section 23.1, or
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failure of any Contractor -Related Entity to cooperate reasonably with other contractors in
accordance therewith.
18.1.2 Design Defects
Subject to Section 18.1.3, the Contractor shall release, defend, indemnify and hold harmless the
Indemnified Parties from and against any and all claims, causes of action, suits, judgments,
investigations, legal or administrative proceedings, penalties, fines, damages, losses, liabilities,
costs and expenses, including any injury to or death of persons or damage to or loss of property
(including damage to utility facilities), and including attorneys', accountants' and expert witness
fees and costs, arising out of, relating to or resulting from Errors in the Design Documents,
regardless of whether such Errors were also included in the Basic Configuration or Reference
Documents. The Contractor agrees that, because the Basic Configuration and Reference
Documents are subject to review and modification by the Contractor, it is appropriate for the
Contractor to assume liability for Errors in the completed Project even though they may be
related to Errors in the Basic Configuration or Reference Documents.
18.1.3 Losses Due to Negligence of Indemnified Parties
The Contractor's indemnity obligation under Sections 18.1.1 and 18.1.2 shall not extend to any
loss, damage or cost to the extent that such loss, damage or cost was caused by the negligence or
willful misconduct of such Indemnified Party or its agents, servants or independent contractors
who are directly responsible to such Indemnified Party (in other words, a comparative negligence
standard shall apply).
18.1.4 Claims by Employees
In claims by an employee of the Contractor, a Subcontractor, anyone directly or indirectly
employed by them or anyone for whose acts they may be liable, the indemnification obligation
under this Section 18.1 shall not be limited by any limitation on the amount or type of damages,
compensation or benefits payable by or for the Contractor or a Subcontractor under workers'
compensation, disability benefit or other employee benefits laws.
18.1.5 Reliance on Contractor's Performance
The Contractor hereby acknowledges and agrees that it is the Contractor's obligation to cause the
Project to be designed and to construct the Project in accordance with the Contract Documents
and that the Indemnified Parties are fully entitled to rely on the Contractor's performance of such
obligation. The Contractor further agrees that any review, acceptance and/or approval by the
County and/or others hereunder shall not relieve the Contractor of any of its obligations under
the Contract Documents or in any way diminish its liability for performance of such obligations
or its obligations to provide indemnities hereunder.
18.1.6 Indemnities in Connection with Utilities
The Contractor is advised that each Utility Agreement contains provisions for the Contractor to
indemnify, save and hold harmless the Utility Owner, its employees and agents as a result of any
act or omission by the indemnifying Contractor. The Contractor hereby agrees to and shall
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perform and comply with such provisions of the Utility Agreements for the benefit of the Utility
Owners, their employees and agents.
18.2 Responsibility of County for Certain Hazardous Substances
18.2.1 Pre -Existing Site Contamination
It is recognized that the County may assert that certain third persons or parties may rightfully
bear the ultimate legal responsibility for any and all Hazardous Substances, which may currently
be present on the Site. It is further recognized that certain state and federal statutes provide that
individuals and firms may be held liable for damages and claims related to Hazardous
Substances under such doctrines as joint and several liability and/or strict liability.. It is not the
intention of the parties that the Contractor be exposed to any such liability arising solely out of:
(i) pre-existing Site contamination, whether known or unknown, except as otherwise provided in
Section 18.1.1(7); (ii) the non -negligent performance by the Contractor, its employees, agents,
officers or Subcontractors or any other Persons for whom the Contractor may be contractually or
legally responsible, in the handling of such Hazardous Substances; and/or (iii) the activities of
any Persons not described in (ii) above, including the County.
Accordingly, for the purposes of the Contract only, the County shall reimburse the Contractor for
Remediation Work (through payment of the Contract Price, as it may be increased. by Change
Order pursuant to Section 13), and will be responsible for any and all claims, damages, losses,
liabilities, costs and expenses, arising out of, or in connection with, bodily injury (including
death) to persons, damage to property or environmental removal or response costs arising out of
the presence, release or threatened release of Hazardous Substances on or from the Site,
irrespective of whether such substances were generated or introduced on the Site before or after
execution of the Contract and irrespective of whether the County was aware of, or directly
involved in, the generation or introduction of such materials, but specifically excluding from any
obligation of responsibility for those conditions for which the Contractor has agreed to be
responsible as described in Section 18.1.1(7).
18.2.2 Generator Number for Hazardous Waste Remediation
Except for Hazardous Substances for which the Contractor is responsible as described in
Section 18.1.1(7), without contradiction of any assertion by the County of third -party liability,
and for purposes of the Contract only:
1. The Contractor shall not be required to execute any hazardous waste manifests as a
"generator."
2. Hazardous Substances encountered in the performance of the Work shall be disposed of,
if at all, utilizing an EPA Identification Number or other appropriate legal device
obtained by, and carried in the name of, the County or another Person designated by the
County.
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18.3 No Effect on Other Rights
The foregoing obligations shall not be construed to negate, abridge or reduce other rights or
obligations, which would otherwise exist in favor of a party hereunder.
18.4 Comprehensive Environmental Response, Compensation, and Liability Act
Agreement
Without limiting their generality, the indemnities set forth in Section 18.1.1(7) are intended to
operate as agreements pursuant to Section 107(e) of the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA), 42 U.S.C. Section 9607(e), to insure,
protect, hold harmless and indemnify the parties indemnified in said Section 18.1.1(7).
18.5 Intent of Indemnity for Breach of Contract
The requirement to provide an indemnity for breach of contract set forth in Section 18.1.1(1) is
intended to provide protection to the County with respect to third party claims associated with
such breach. It is not intended to provide the County with an alternative cause of action for
damages incurred directly by the County with respect to such breach.
Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
19.0 PARTNERING, CLAIMS FOR ADJUSTMENT AND DISPUTES
19.1 Partnering
The County intends to encourage the use of an extensive partnering program among the County,
the Contractor, its Subcontractors and other stakeholders, where appropriate. Contractor shall
follow partnering process as set forth in Book 2.
It is the intent of the parties that the dispute resolution provisions contained in this Section shall
apply only in the event that the normal County -Contractor issue resolution efforts through
partnering are not successful. The dispute resolution provisions set forth in Section 19.2 shall
apply to all Disputes arising out of the Work that are not resolved by the parties through the
partnering process, except as expressly provided to the contrary in the Contract Documents.
19.2 Dispute Resolution; General Provisions
19.2.1 Mandatory Nature of Process
All Disputes between the Contractor and the County that have not been resolved by the parties
through the partnering process shall be resolved as provided by this Section.
19.2.2 Disputes; Disputes Governed by this Section; Priorities; Disputes Involving Utility
Owners
19.2.2.1 Disputes include, but are not limited to:
1. Any disagreement resulting from a change, delay, change order, another written order, or
an oral order from the Project Manager or his designee, including any direction,
instruction, interpretation, or determination by the Project Manager or his designee
concerning extra work, increased costs, delay, or any other issue including, but not
limited to, an assertion by the Contractor seeking, as a legal right, the payment of money,
adjustment or interpretation of Contract terms, or other relief, arising under or relating the
this Contract.
2. Any unsatisfied request for additional compensation or time based on: (a) Work or
materials not clearly defined in the Contract; (b) extra work not ordered by the County;
(c) extensions of time made pursuant to subsection 13; or (d) any other cause.
19.2.2.2 Participation in and completion of this dispute resolution process is a condition
precedent to de novo litigation.
19.2.2.3 Hereafter, all references to Disputes brought by the Contractor refer also to Disputes
brought by the Contractor on behalf of any of its Subcontractors, provided all the requirements of
this Section are complied with.
19.2.2.4 If a Dispute arises relating to a Utility Agreement or the Utility Work there under, and
the Utility Owner is a necessary or appropriate party to such Dispute, then such Dispute shall be
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resolved in the manner set forth in the applicable Utility Agreement, and the Contractor shall
participate in such Dispute resolution process as appropriate to resolve such Dispute.
19.2.3 Overview of Process
In the event of any Dispute, the Contractor shall follow the processes and requirements set forth
in CDOT Standard Specifications for Road and Bridge Construction, No. 105.22, No 105.23, and
No 105.24 and as amended by Revision of Section 105 Disputes and claims for Contract
Adjustments included in Book 5. Any and all Dispute Resolution Boards shall be On Demand.
19.2.4 Continuation of Work
At all times during this Dispute resolution process or any subsequent administrative or court
proceeding, and at all times during the pendency of any Dispute with any other project
contractor, the Contractor and all Subcontractors shall proceed with the Project Work diligently,
without delay, in accordance with all provisions of the Contract Documents. Continued
performance by the Contractor shall not prejudice the right to bring any claim.
19.2.5 Notice and Record Keeping for Disputes
In the event of any Dispute, Contractor shall comply with all notice and record keeping
requirements contained in CDOT Standard Specifications for Road and Bridge Construction, No.
105.22, No 105.23, and No 105.24, which are incorporated herein by this reference.
19.2.6 Monthly Settlement Negotiations
Throughout protested work, the Contractor and the Project Manager shall discuss the Dispute on
a monthly basis and attempt to negotiate a resolution in good faith. The content of the monthly
discussions shall be inadmissible in any legal, equitable, or administrative proceedings.
19.2.7 Claim Requirements
19.2.7.1 Definition
Claim(s) are all Disputes that remain unsettled and/or unresolved after Contractor has complied
with all of the processes and requirements of Section 19.2.3 through 19.2.6 of this Contract.
19.2.7.2 Process
The Contractor shall follow the processes and requirements from Claim(s) set forth in CDOT
Standard Specifications for Road and Bridge Construction, No. 105.24, which is incorporated
herein by this reference. Contractor shall select de novo litigation to finally resolve a Claim.
19.2.7.3 Record Keeping
The record keeping requirements for Disputes shall apply to Claims and any additional record
keeping requirements contained in CDOT Standard Specifications for Road and Bridge
Construction, No. 105.24 shall also apply.
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19.2.7.4 Complete and Final Claim Package
The Contractor shall provide the County with six (6) copies of a complete and final claim
package. The claim package shall follow the processes and requirements contained in CDOT
Standard Specifications for Road and Bridge Construction, No. 105.24.
19.2.7.5 Multiple Claims
If more than one Claim has been filed by the Contractor on the Project, the County will have the
right to consolidate all related claims and issue one decision on all such claims. Consolidation
on unrelated Claims will not be made.
19.2.7.6 Total Cost Claims
For the purpose of this Contract, "total cost claim" or "modified total cost claim" shall be
deemed to include all work required by the contract or any portion, unit part or parts of the work
required by the contract however such portion, unit, part or parts of the work may be identified,
categorized or isolated from remaining work and any claims for compensation for all work on
the contract or any portion, unit, part or parts of the work of the contract using any form,
technique, method or mode which results in a "total cost" figure, sum or result from cost
computation. All disputes and claims seeking damages calculated on a total cost or modified
total cost basis will not be considered unless the party asserting such damages established all
legal requirements thereof
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20.0 ACCEPTANCE OF PROJECT
20.1 Project Completion
20.1.1 Notice by Contractor
As a pre -requisite to Project completion, the Contractor shall provide written notice to the
County when all of the following have occurred with respect to the Project:
1. The Contractor has completed all Work (except for Punch List items, final cleanup
and other items only included in the requirements for Final Acceptance).
2. The Contractor has ensured that the Work has been performed in accordance with the
requirements of the Contract Documents.
3. The Contractor has received all applicable Governmental Approvals required for the
Project.
4. The Contractor has furnished to the County certifications from the Contractor's
Design Manager, in form and substance satisfactory to the County, certifying that the
Design Documents meet the requirements of the Contract Documents.
5. The Contractor has furnished to the County certifications from the Contractor's
Project Manager, in form and substance satisfactory to the County, certifying that the
construction meets the requirements of the Contract Documents.
6. The Contractor has furnished to the County certifications from the Contractor's
Construction Quality Manager, in form and substance satisfactory to the County,
certifying that there are no outstanding non -conformances other than those identified
on the Punch List.
7. The Contractor has ensured that the Project may be used without damage to the
Project or any other property on or off the Site, and without injury to any Person.
8. The Contractor has obtained all applicable third party approvals relating to the Work
and all third parties have completed all work that involves obligations by the
Contractor.
9. The Contractor has ensured that the Project is ready to be opened for traffic and that
no further work is required which would involve any lane or shoulder closure.
20.1.2 Correction of Defects
Upon receipt of the Contractor's notice under Section 20.1.1, the County will conduct such
inspections, surveys, and/or testing as the County deems desirable. If such inspections, surveys,
and/or tests disclose that any Work does not meet the requirements of the Contract Documents,
the County will promptly advise the Contractor as to Nonconforming Work (including
incomplete Work) necessary to be corrected as a condition to Project Completion,
Nonconforming Work (including incomplete Work) which may be corrected as Punch List items
and/or whether the Contractor shall reassess the accuracy and completeness of its notice. Upon
correction of the Nonconforming Work (including incomplete Work) identified as a prerequisite
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to Project Completion, the Contractor shall provide written notification to the County and the
County will conduct additional inspections, surveys and/or tests as the County deems desirable.
This procedure shall be repeated until the County finds that all prerequisites to Project
Completion have been met.
20.1.3 Conditions to Affidavit of Final Completion
The Contractor shall provide to the County an executed sworn Affidavit of Final Completion in
accordance with Section 20.1.3.1 when all of the following have occurred:
1. The County has received all Released for Construction Documents, Design Documents,
As -Built Documents, ROW record maps, surveys, test data, and other deliverables
required under the Contract Documents for the Project.
2. All special tools, equipment, furnishings, and supplies purchased by and/or used by the
Contractor, as provided in the Contract Documents, have been delivered to the County
and all replacement spare parts have been purchased and delivered to the County free and
clear of Liens.
3. All of the Contractor's and Subcontractors' personnel, supplies, equipment, waste
materials, rubbish, and temporary facilities have been removed from the Site, the
Contractor has restored and repaired all damage or injury arising from such removal to
the satisfaction of the County and the Site is in good working order and condition.
4. The Contractor has furnished to the County certifications from the Contractor's Design
Manager, in form and substance satisfactory to the County, certifying that the Design
Documents meet the requirements of the Contract Documents.
5. The Contractor has furnished to the County certifications from the Contractor's Project
Manager, in form and substance satisfactory to the County, certifying that the
construction is in accordance with the Contract Documents.
6. The Contractor has furnished to the County certifications from the Contractor's
Construction Quality Manager, in form and substance satisfactory to the County,
certifying that there are no outstanding non -conformances.
7. The Contractor has delivered to the County a notice of completion for the Project in
recordable form and meeting all statutory requirements.
8. The Punch List items have been completed to the satisfaction of the County; and
9. All of the Contractor's other obligations under the Contract Documents (other than
obligations which by their nature are required to be performed after Final Acceptance as
determined by the County) have been satisfied in full or waived in writing by the County.
10. The Designer and the Contractor agree to assign all warranties and obligations under this
Contract to be the person who has contracted with the County or any division thereof for
the operation, maintenance, and/or repair of the Project.
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20.1.3.1 Requirements of Affidavit of Final Completion
The Affidavit of Final Completion shall include the following statement:
To the best of the Contractor's knowledge and belief the Work under the
Contract has been completed in strict accordance with the Contract Documents,
no lawful debts for labor or materials are outstanding and no federal excise tax
has been included in the Contract Price; all requests for funds for undisputed
work under the Contract, including changes in the Work, and under all billings
of whatsoever nature are accurate, complete and final and no additional
compensation over and above the final payment will be requested or is due
under the Contract or under any adjustment issued there under for said
undisputed work; there are no outstanding claims, Liens or stop notices relating
to the Project, including claims by Utility Owners; there is no existing default by
the Contractor tinder any Utility Agreement, and no event has occurred which,
with the passing of time or giving of notice or both, would lead to a claim
relating to the Work or event of default under any Utility Agreement; and upon
receipt of final payment, the Contractor and Subcontractors acknowledge that
the County and any and all employees of the County and their authorized
representatives will thereby be released, discharged and acquitted from any and
all claims or liability for additional sums on account of undisputed work
performed under the Contract.
If the Contractor is unable to provide the affidavit in the above form, the affidavit shall certify
that all such outstanding matters are set forth in an attached list which shall describe the
outstanding matters in such detail as may be requested by the County. The affidavit shall include
a representation of the Contractor that it is diligently and in good faith contesting all such matters
by appropriate legal proceedings and shall provide a status report regarding the same including
an estimate of the maximum payable with respect to each such matter.
20.1.4 Inspection and Issuance of Notice of Final Acceptance
Upon the County's receipt of the Affidavit of Final Completion, the County will make final
inspection and the County will either issue a Notice of Final Acceptance or notify the Contractor
regarding any Work remaining to be performed. If the County fails to issue a Notice of Final
Acceptance, the Contractor shall promptly remedy the defective and/or uncompleted portions of
the Work. Thereafter, the Contractor shall provide to the County a revised Affidavit of Final
Completion with a new date based on when the defective and/or uncompleted portions of the
Work were corrected. The foregoing procedure shall apply successively thereafter until the
County has issued a Notice of Final Acceptance.
20.2 Overpayments; No Relief from Continuing Obligations
Final Acceptance will not prevent the County from correcting any measurement, estimate or
certificate made before or after completion of the Work, or from recovering from the Contractor,
the Surety(ies) or both, the amount of any overpayment sustained due to failure of the Contractor
to fulfill the obligations under the Contract. A waiver on the part of the County of any breach by
the Contractor shall not be held to be a waiver of any other or subsequent breach. Final
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Acceptance shall not relieve the Contractor from any of its continuing obligations hereunder, or
constitute any assumption of liability by the County.
20.3 Opening of Sections of Project to Traffic
20.3.1 Plan for Opening to Traffic
The Contract Schedule shall set forth the Contractor's plan for completing Sections of the Project
and opening them to traffic. The County may request that the Contractor expedite certain
Sections of the Project, and the Contractor shall accommodate such requests to the extent that it
can do so without significant disruption to its schedule or a significant increase in its costs.
Notwithstanding the foregoing, if the County orders the Contractor to open portions of the
Project which cannot be accommodated without significant disruption to the Contractor's
schedule or a significant increase in the Contractor's costs, such direction shall be considered a
County -Directed Change.
20.3.2 Direction to Open Following Contractor Failure to Perform
If the Contractor is delinquent in completing shoulders, drainage structures or other features of
the Work, the County may, but is not obligated to, order all or a portion of the Project opened to
traffic notwithstanding such incomplete elements. The Contractor shall then conduct the
remainder of the construction operations, minimizing obstruction to traffic. The Contractor shall
not receive any added compensation due to the added costs attributable to the opening of the
Project to traffic.
20.3.3 No Waiver
Opening of portions of the Project prior to Final Acceptance does not constitute Acceptance of
the Work or a waiver of any provisions of the Contract Documents.
20.3.4 Replacement of Performance Bond
Provided that all conditions to Final Acceptance have occurred, the Contractor shall have the
right to replace the Performance Bond with a replacement performance bond in an amount and in
a form satisfactory to the County in its sole discretion (provided that it shall not be required to
exceed 10 percent of the Contract Price) or with such other security as is Approved by the
County in its sole discretion, guaranteeing due and punctual performance of all obligation of the
Contractor under the Contract Documents which survive Final Acceptance.
20.4 Landscape Acceptance
The County will not give notice of Landscape Acceptance for plants until the end of the
Landscape Establishment Period specified in Book 2, Section 17.
20.5 Assignment of Causes of Action
The Contractor hereby offers and agrees to assign to the County all rights, title and interest in
and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section
15), arising from purchases of goods, services or materials pursuant to the Contract or any
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Subcontract. This assignment shall be made and become effective at the time the County tenders
final payment to the Contractor, without further acknowledgment by the parties.
Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
21.0 WARRANTIES
21.1 Warranties by Contractor
21.1.1 Project Warranties
The Contractor warrants that:
1. All design Work furnished pursuant to the Contract Documents shall conform to all
professional engineering principles generally accepted as standards of the industry in the
State.
2. The completed Project shall be free of defects (including design Errors except to the
extent that such defects are inherent in prescriptive specifications includedin the Basic
Configuration, unless: (i) the Contractor has actual or constructive knowledge of such
defects; and (ii) the Contractor fails to request a change thereto by the County).
3. Materials and equipment furnished under the Contract Documents shall be of good
quality and, when installed, shall be new.
4. The Work shall meet all of the requirements of the Contract Documents.
5. The specifications and/or drawings selected or prepared for use during construction are
appropriate for their intended use.
6. The Project shall be fit for use for the intended function.
7. It shall be a condition to achieving Final Acceptance that the Contractor shall assign all
warranties to the person who has contracted with the County or any division thereof for
the operation, maintenance, and/or repair of the Project.
21.1.2 Transfer of Title
Contractor warrants that it owns, or will own, and has, or will have, good and marketable title to
all materials, equipment, tools and supplies furnished, or to be furnished, by it and its
Subcontractors that become part of the Project or are purchased for the County for the operation,
maintenance, or repair thereof, free and clear of all Liens. Title to all of such materials,
equipment, tools and supplies which shall have been delivered to the Site shall pass to the
County, free and clear of all Liens, upon the sooner of: (i) incorporation into the Project; or
(ii) payment by the County to Contractor of invoiced amounts pertaining thereto.
Notwithstanding any such passage of title, Contractor shall retain sole care, custody and control
of such materials, equipment, tools and supplies, and shall exercise due care with respect thereto
as part of the Work until Final Acceptance or until Contractor is removed from the Project.
21.1.3 Project Warranty Teri
The Warranty term for each element of the Project shall commence upon Acceptance thereof by
the County or acceptance thereof by the appropriate Person who will own such element. Subject
to extension under Section 21.2, the Warranties regarding all elements of the Project shall remain
in effect until two years after Final Acceptance. If applicable, the Warranty term for elements of
the Project that will be owned by Persons other than the County (such as Utility Owners) shall
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remain in effect for such longer term as may be required under the applicable agreement. If the
County determines that any of the Work has not met the standards set forth in this Section 21.1 at
any time within the Warranty period, then the Contractor shall correct such Work as specified
below, even if the performance of such corrective work extends beyond the stated warranty
period. The Contractor shall warrant the work for a period of two years from the time of final
acceptance from Weld County.
21.1.4 Corrective Work
Within seven days of receipt by the Contractor of notice from the County specifying a failure of
any of the Work to satisfy the Contractor's Warranties, or of any Subcontractor representation,
warranty, guarantee, or obligation which the Contractor is responsible to enforce, the Contractor
and the County shall mutually agree when and how the Contractor shall remedy such violation;
provided, however, that in case of an emergency as indicated by the County in its notice
requiring immediate curative action, the Contractor and the County shall agree on a remedy
immediately upon notice by the County of such emergency. If the Contractor does not use its
best efforts to proceed to effectuate such remedy within the agreed time, or if the Contractor and
the County fail to reach such an agreement within such 7 Day period (or immediately, in the case
of emergency conditions), then the County, after notice to the Contractor, shall have the right to
perform or have performed by third parties the necessary remedy, and the costs thereof shall be
borne by the Contractor. the County may agree to Accept Nonconforming Work in accordance
with Section 5.7.2.
The County and the Contractor shall conduct a walkthrough of the Site prior to expiration of the
Warranty period and shall produce a Punch List of those items requiring Warranty Work.
21.1.5 Costs of Correction of Work
All costs of correcting such rejected Work, including additional testing and inspections, shall be
deemed included in the Contract Price. The Contractor shall reimburse the County and pay the
County's expenses made necessary thereby within ten days after the Contractor's receipt of
invoice therefore. The Contractor shall be responsible for obtaining any required Governmental
Approvals or other consents from any other Person in connection with the Warranty Work.
21.2 Warranty of Corrected Work
The Warranties shall apply to all Work redone, repaired, corrected or replaced pursuant to the
terms of the Contract. The Warranties as to each redone, repaired, corrected or replaced element
of the Work shall extend beyond the original warranty period if necessary to provide at least a 2 -
year warranty period following Acceptance thereof by the County or acceptance thereof by the
appropriate Person who will own such element.
21.3 Subcontractor Warranties
21.3.1 Assignment
Without in any way derogating the Contractor's own representations and warranties (including
the Warranties) and other obligations with respect to all of the Work, the Contractor shall obtain
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from all Subcontractors and cause to be extended to the County, appropriate representations,
warranties, guarantees and obligations with respect to the design, materials, workmanship,
equipment, tools and supplies furnished by such Subcontractors, including all such
representations, warranties, guarantees, and obligations required to be furnished by
Subcontractors under Book 2. All representations, warranties, guarantees, and obligations of
Subcontractors shall: (i) be written so as to survive all the County and the Contractor inspections,
tests, and approvals; and (ii) run directly to and be enforceable by the Contractor and/or the
County and their respective successors and assigns. The Contractor hereby assigns to the County
all of the Contractor's rights and interest in all extended warranties for periods exceeding the
applicable Warranty period which are received by the Contractor from any of its Subcontractors.
21.3.2 Enforcement
Upon receipt from the County of notice of a failure of any of the Work to satisfy any
Subcontractor warranty, representation, guarantee, or obligation, the Contractor shall enforce or
perform any such representation, warranty, guarantee, or obligation, in addition to the
Contractor's other obligations hereunder. the County's rights under this Section 21.3.2 shall
commence at the time such representation, warranty, guarantee, or obligation is furnished, and
shall continue until the expiration of the Contractor's relevant Warranty (including extensions
thereof under Section 21.2). Until such expiration, the Contractor shall be responsible for the
cost of any equipment, material, labor (including re -engineering) or shipping, and the Contractor
shall be required to replace or repair defective equipment, material or workmanship furnished by
any Subcontractor.
21.4 No Limitation of Liability
The foregoing warranties are in addition to all rights and remedies available under the Contract
Documents or applicable law, and shall not limit the Contractor's liability or responsibility
imposed by the Contract Documents or applicable law with respect to the Work, including
liability for design defects, latent construction defects, strict liability, negligence or fraud;
provided, however, that, upon expiration of the Warranties, the Contractor shall have no further
liability to the County hereunder for patent construction defects.
21.5 Warranty Beneficiaries
In addition to benefiting the County and its successors and assigns, the Warranties and
Subcontractor warranties provided under this Section 21 shall inure to the benefit of, and shall be
directly enforceable by, any local agencies and Utility Owners with respect to those portions of
the Work owned or controlled by each such Person.
21.6 Remedies for Breach of Warranty
In addition to the County's other rights and remedies hereunder, at law or in equity, the
Contractor shall be liable for actual damages resulting from any breach of an express or implied
warranty or any defect in the Work.
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21.7 Disputes
Any disagreement between the County and the Contractor relating to this Section 21 shall be
subject to the dispute resolution provisions contained in Section 19, provided that the Contractor
shall proceed as directed by the County pending resolution of the dispute.
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22.0 DOCUMENTS AND RECORDS
22.1 Escrowed Proposal Documents
Within three days after the Proposal Due Date, the Contractor shall have delivered its Escrowed
Proposal Documents (EPD) to the County in a manner agreed to between the County and the
Contractor. Concurrently with submission of quotations or revisions to quotations provided in
connection with formally proposed amendments to the Contract and concurrently with Approval
of each Change Order, if appropriate, one copy of all documentary information used in
preparation of the quotation or Change Order shall be added to the EPD. The EPI) will be held
in such cabinet or otherwise maintained subject to Section 22.1.1 until all of the following have
occurred: (i) 180 days have elapsed after expiration or earlier termination of the Warranties;
(ii) all Disputes regarding the Contract have been settled, and (iii) final payment on the Contract
has been made by the County and accepted by the Contractor.
22.1.1 Review of Escrowed Proposal Documents
The EPD shall be available during business hours for joint review by the Contractor and the
County in connection with the resolution of Disputes, an audit under Section 22.3.5 (if the EPD
are the subject of an audit) and as described in Section 22.1.6. The County shall be entitled to
review all or any part of the EPD in order to satisfy itself regarding the applicability of the
individual documents to the matter at issue. The County shall be entitled to make and retain
copies of such documents as it deems appropriate in connection with any such matters, provided
that the County has executed and delivered to the Contractor a confidentiality agreement
specifying that all proprietary information contained in such documents will be kept confidential,
that copies of such documents will not be distributed to any third parties other than the County's
agents, attorneys, and experts, the Dispute Resolution Board (DRB), and that all copies of such
documents will be either destroyed or returned to the depository (or to the Contractor if the EPD
have been returned to it) upon final resolution of the Disputes. The foregoing shall in no way be
deemed a limitation on the County's discovery rights with respect to such documents.
22.1.2 Property of Contractor
The EPD are, and shall always remain, the property of the Contractor, and shall be considered to
be in the Contractor's possession, subject to the County's right to review the EPD as provided
herein. The County acknowledges that the Contractor considers that the EPD constitute trade
secrets or proprietary information. This acknowledgment is based upon the County's
understanding that the information contained in the EPD are not known outside the Contractor's
business, is known only to a limited extent and by a limited number of employees of the
Contractor, is safeguarded while in the Contractor's possession, and may be valuable to the
Contractor's business strategies, assumptions, and intended means, methods, and techniques.
The County further acknowledges that the Contractor expended money in developing the
information included in the EPD and further acknowledges that it would be difficult for a
competitor to replicate the information contained therein. The County acknowledges that the
EPD and the information contained therein are being provided to the County only because it is an
express prerequisite to award of the Contract.
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22.1.3 Representation and Warranty
The Contractor represents and warrants that the EPD provided concurrently with the Proposal
constitute all of the information used in the preparation of its Proposal and agrees that no other
Proposal preparation information will be considered in resolving Disputes or Claims.
The Contractor also agrees that the EPD are not part of the Contract and that nothing in the EPD
shall change or modify the Contract.
22.1.4 Contents of Escrowed Proposal Documents
The EPD provided with the Proposal shall at a minimum, clearly detail how the components of
the Fixed Contract Price were determined and shall be adequate to enable a complete
understanding and interpretation of how the Contractor arrived at the Fixed Contract Price. The
EPD provided in connection with quotations and Change Orders shall, inter alia, clearly detail
how the total price and individual components of that price were determined and shall be
adequate to enable a complete understanding and interpretation of how the Contractor arrives at
its quotation and/or Change Order price. All Work shall be separated into subitems as required
to present a complete and detailed estimate of all costs. Crews, equipment, quantities, and rates
of production shall be detailed. Estimates of costs shall be further divided into the Contractor's
usual cost categories such as direct labor, repair labor, equipment ownership and operation,
expendable materials, permanent materials, and subcontract costs as appropriate. Plant and
equipment and indirect costs shall also be detailed in the Contractor's usual format. The
Contractor's allocation of plant and equipment, indirect costs, contingencies, mark-up, and other
items to each direct cost item shall be clearly identified. The EPD shall itemize the estimated
costs of the Payment and Performance Bond and the insurance premiums for each coverage
required to be provided by the Contractor under Section 9. The EPD shall include all
assumptions, quantity takeoffs, rates of production, the Contractor internal equipment rental rates
and progress calculations, quotes from Subcontractors (including Suppliers), memoranda,
narratives, and all other information used by the Contractor to arrive at the Fixed Contract Price
or Change Order price, as applicable. For each item of Work, the EPD shall itemize any related
amounts not included in the stated price for such item such as any amount allocated for
contingency.
22.1.5 Format of Escrowed Proposal Documents
The Contractor shall submit the EPD in the format actually used by the Contractor in preparing
its Proposal. It is not intended that the Contractor perform any significant extra work in the
preparation of these documents. However, the Contractor represents and warrants that the EPD
related to the Proposal have been personally examined prior to delivery to the County by an
authorized officer of the Contractor and that they meet the requirements of Section 22.1.4 and
are adequate to enable a complete understanding and interpretation of how the Contractor arrived
at its Fixed Contract Price. The Contractor further represents, warrants, and covenants that the
EPD related to each Change Order will be personally examined prior to delivery to escrow by an
authorized officer of the Contractor and that they meet the requirements of Section 22.1.4 and
will be adequate to enable a complete understanding and interpretation of how the Contractor
arrived at its Change Order price.
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22.1.6 Review by the County
The County may, at any time, conduct a review of the EPD to determine whether it is complete.
If the County determines that the EPD are incomplete, the County may request the Contractor to
supply data to make the EPD complete. The Contractor shall provide all such data within three
Working Days of the request, and at that time it will be date stamped, labeled to identify it as
supplementary EPD information and added to the EPD. The Contractor shall have no right to
add documents to the EPD except upon the County's request. At the County's option, which
may be exercised at any time, the EPD associated with any Change Order or contract amendment
shall be reviewed, organized, and indexed as described in the ITP, Section 5.12.
22.1.7 Confidentiality
The EPD shall at all times be treated as proprietary and confidential non-public information and
shall be used only for purposes described in Section 22.1.1. At the Contractor's request,
confidentiality agreements shall be executed and delivered to the Contractor by the County's
employees or agents who review or have access to the EPD.
22.2 Subcontractor Pricing Documents
The Contractor shall require each first tier Subcontractor to submit to the Contractor a copy of all
documentary information used in determining its Subcontract price, immediately prior to
executing the Subcontract or Change Orders or amendments thereto, to be held in the same
manner as the EPD and which shall be accessible by the Contractor, the County, the DRB, and
other dispute resolvers, on terms substantially similar to those contained herein. Each such
Subcontract shall include a representation and warranty from the Subcontractor stating that its
EPD constitutes all the documentary information used in establishing its Subcontract price. Each
Subcontract that is not subject to the foregoing requirement shall include a provision that
requires the Subcontractor to preserve all documentary information used in establishing its
Subcontract price and to provide such documentation to the Contractor and/or the County in
connection with any disputed change order made by such Subcontractor.
22.3 Project Records
22.3.1 Maintenance of Records
The Contractor shall maintain at the Contractor's Project Manager's office in the State a
complete set of all books, records and documents prepared or employed by the Contractor with
respect to the Project.
22.3.2 Audit and Inspection Rights
The Contractor shall grant to the County and its authorized representatives, such audit and
inspection rights and allow such Persons such access to and the right to copy such books and
records (including all tax returns and supporting documentation filed with any Governmental
Persons) as such Persons may reasonably request from time to time in connection with the
issuance of Change Orders, the resolution of disputes, and such other matters as such Persons
reasonably deems necessary for purposes of complying or verifying compliance with the
Contract and Legal Requirements, including responding with requests pursuant to the Colorado
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Open Records Act. The Contractor shall grant to Utility Owners and their respective authorized
representatives, such audit and inspection rights and all such Persons access to and the right to
copy such books and records as such Persons may request in connection with the resolution of
disputes or such other matters as such Persons reasonably deems necessary for purposes of
complying or verifying compliance with the Utility -related Contractual or Utility Agreement
requirements.
22.3.3 Audit of Time and Materials Work
Where the payment method for any Work is on a time and materials basis, such examination and
audit rights shall include all books, records, documents and other evidence and accounting
principles and practices sufficient to reflect properly all direct and indirect costs of whatever
nature claimed to have been incurred and anticipated to be incurred for the performance of such
Work. If an audit indicates the Contractor has been over -credited under a previous progress
report or progress payment, that overcredit will be credited against current progress reports or
payments.
22.3.4 Change Order Pricing Data
For cost and pricing data submitted in connection with pricing Change Orders, unless such
pricing is based on adequate price competition, established catalog or market prices of
commercial items sold in substantial quantities to the public, or prices set by law or regulation,
such Persons and their representatives have the right to examine all books, records, documents,
and other data Contractor related to the negotiation of or performance of Work under such
Change Orders for the purpose of evaluating the accuracy, completeness and currency of the cost
or pricing data submitted. The right of examination shall extend to all documents deemed
necessary by such Persons to permit adequate evaluation of the cost or pricing data submitted,
along with the computations and projections used therein.
22.3.5 Claims Audits
All Claims filed against the County shall be subject to audit at any time following the filing of
the Claim. The audit may be performed by employees of the County or by an auditor under
contract with the County. No notice is required before commencing any audit before 60 days
after Final Acceptance. Thereafter, the County shall provide 20 days notice to the Contractor,
any Subcontractors or their respective agents before commencing an audit. The Contractor,
Subcontractors or their agents shall provide adequate facilities, acceptable to the County, for the
audit during normal business hours. The Contractor, Subcontractors, and their agents shall
cooperate with the auditors. Failure of the Contractor, Subcontractors, or their agents to
maintain and retain sufficient records to allow the auditors to verify all or a portion of the Claim
or to permit the auditors access to the books and records of the Contractor, Subcontractors, or
their agents shall constitute a waiver of the claim and shall bar any recovery there under. At a
minimum, the auditors shall have available to them the following documents:
1. Daily time sheets and supervisor's daily reports.
2. Union agreements.
3. Insurance, welfare, and benefits records.
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4. Payroll registers.
5. Earnings records.
6. Payroll tax forms.
7. Material invoices and requisitions.
8. Material cost distribution worksheet.
9. Equipment records (list of company equipment, rates, etc.).
10. Subcontractors' (including Suppliers) and agents' invoices.
11. Subcontractors' and agents' payment certificates.
12. Canceled checks (payroll and Suppliers).
13. Job cost report.
14. Job payroll ledger.
15. General ledger.
16. Cash disbursements journal.
17. E-mail, letters, and correspondence.
18. Network servers, data storage devices, backup media.
19. All documents that relate to each and every Claim together with all documents that
support the amount of damages as to each Claim.
20. Work sheets used to prepare the Claim establishing the cost components for items of the
Claim including labor, benefits and insurance, materials, equipment, Subcontractors, all
documents that establish the time periods, individuals involved, the hours for the
individuals and the rates for the individuals.
Full compliance by the Contractor with the provisions of this Section 22.3.5 is a contractual
condition precedent to the Contractor's right to seek relief under Section 19. The Contractor
represents and warrants the completeness and accuracy of all information it or its agents provides
in connection with this Section 22.3.
22.4 Retention of Records
The Contractor shall maintain all records and documents relating to the Contract (including
copies of all original documents delivered to the County) at the Contractor's Project Manager's
office in the State until seven years after the earlier to occur of: (i) the date Final Acceptance is
achieved; or (ii) the termination date. If Approved by the County, photographs,
microphotographs, or other authentic reproductions may be maintained instead of original
records and documents. The Contractor shall notify the County where such records and
documents are kept.
Notwithstanding the foregoing, all records which relate to Claims being processed or actions
brought under the dispute resolution provisions hereof shall be retained and made available until
such actions and Claims have been finally resolved. Records to be retained include all books and
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other evidence bearing on the Contractor's costs and expenses under the Contract Documents.
The Contractor shall make these records and documents available for audit and inspection to the
County, at the Contractor's office, at all reasonable times, without charge, and shall allow such
Persons to make copies of such documents (at no expense to the Contractor).
22.5 Colorado Open Records Act
22.5.1 Applicability of Act
The Contractor acknowledges and agrees that all records, documents, drawings, plans,
specifications, and other materials including the EPDs in the Contractor's or the County's
possession directly related to the Project, including materials submitted to the County by the
Contractor, are subject to the provisions of the Colorado Open Records Act. The Contractor
shall be solely responsible for all determinations made by it under such Act and for clearly and
prominently marking each and every page or sheet of its materials with trade secret, privileged
information, or confidential commercial, financial, geological, or geophysical data as it
determines to be appropriate. The Contractor is advised to contact legal counsel concerning such
act and its application to the Contractor.
22.5.2 Confidential Materials
If any of the materials submitted by the Contractor to the County are clearly and prominently
labeled trade secret, privileged information, or confidential commercial, financial, geological, or
geophysical data by the Contractor, the County will endeavor to advise the Contractor of any
request for the disclosure of such materials prior to making any such disclosure.
Under no circumstances, however, will the County be responsible or liable to the Contractor or
any other Person for the disclosure of any such labeled materials, whether the disclosure is
required by law, by court order or occurs through inadvertence, mistake or negligence on the part
of the County, except for any disclosure of trade secrets or proprietary information in violation of
the confidentiality agreement described in Section 22.1.1.
22.5.3 Contractor to Defend Against Disclosure Request
In the event of litigation concerning the disclosure of any material submitted by the Contractor to
the County, the County's sole involvement will be as a stakeholder retaining the material until
otherwise ordered by a court, and the Contractor shall be fully responsible for otherwise
prosecuting or defending any action concerning the materials at its sole expense and risk.
22.5.4 Cooperation with the County Regarding Colorado Open Records Act Requests
In the event the County receives a Colorado Open Records Act request for documents that are in
the custody and control of the Contractor, the Contractor shall cooperate with the County in
responding to the request in a timely manner under the Colorado Open Records Act.
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23.0 COOPERATION AND COORDINATION WITH OTHERS
23.1 Cooperation with Other Contractors
The County reserves the right to perform and to contract with others to perform other or
additional work on or near the Site. The Contractor shall cooperate with the County and such
other contractors to the extent reasonably necessary for the performance by the County and such
other contractors of their work, and shall cause its employees, agents, officers, and
Subcontractors and other Persons for whom the Contractor may be contractually or legally
responsible to so cooperate. If other separate contracts are awarded by the County, which affect
the Work, the Contractor shall conduct its Work without interfering with or hindering the
progress or completion of the work being performed by other contractors.
23.2 Interference by Other Contractors
If the Contractor asserts that any of the County's other contractors have hindered or interfered
with the progress or completion of the Work, then the Contractor's sole remedy shall be to seek
recourse against such other contractors.
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24.0 MISCELLANEOUS PROVISIONS
24.1 Amendments
The Contract may be amended only by a written instrument duly executed by the parties or their
respective successors or assigns.
24.2 Waiver
24.2.1 No Waiver of Subsequent Rights
Either party's waiver of any breach or failure to enforce any of the terms, covenants, conditions,
or other provisions of the Contract Documents at any time shall not in any way limit or waive
that party's right thereafter to enforce or compel strict compliance with every term, covenant,
condition or other provision, any course of dealing or custom of the trade notwithstanding.
Furthermore, if the parties make and implement any interpretation of the Contract Documents
without documenting such interpretation by an instrument in writing signed by both parties, such
interpretation and implementation thereof will not be binding in the event of any future Disputes.
The consent by one party to any act by the other party requiring such consent shall not be
deemed to render unnecessary the obtaining of consent to any subsequent act for which consent
is required, regardless of whether similar to the act for which consent is given.
24.2.2 Custom Does not Constitute Waiver
No act, delay, or omission done, suffered or permitted by one party or its agents shall be deemed
to waive, exhaust, or impair any right, remedy, or power of such party under any Contract
Document, or to relieve the other party from the full performance of its obligations under the
Contract Documents. No custom or practice between the parties in the administration of the
terms of the Contract Documents shall be construed to waive or lessen the right of a party to
insist upon performance by the other party in strict compliance with the terms of the Contract
Documents.
24.2.3 Waivers Must be in Writing
No waiver of any term, covenant or condition of the Contract Documents shall be valid unless in
writing and signed by the party providing the waiver.
24.3 Successors and Assigns
The Contract Documents shall be binding upon and inure to the benefit of the County and the
Contractor and their permitted successors, assigns and legal representatives.
24.3.1 Assignment by County
The County may assign all or part of its right, title and interest in and to the Contract, including
rights with respect to the surety bonds required hereunder and any other performance security
provided, to any Person with the prior written approval of the Contractor.
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24.3.2 Assignment by Contractor
The Contractor may assign its rights to receive payment under the Contract Documents and may
subcontract Work in accordance with the State Law and in compliance with the requirements of
the Contract Documents.
The Contractor shall not otherwise sublet, transfer, assign or dispose of any portion of the
Contract, or delegate any of its duties hereunder, except with the County's prior written
Approval. The Contractor's assignment or delegation of any of its Work under the Contract
Documents shall be ineffective to relieve the Contractor of its responsibility for the Work
assigned or delegated, unless the County, in its sole discretion, has Approved such relief from
responsibility.
24.4 Designation of, and Cooperation with Representatives
24.4.1 Designation of Representatives
Concurrently with execution hereof, the County and the Contractor shall each designate an
individual or individuals who shall be authorized to make decisions and bind the parties on
matters relating to the Contract Documents. Such designations may be changed by a subsequent
writing delivered to the other party in accordance with Section 24.10. The parties may also
designate technical representatives who shall be authorized to investigate and report on matters
relating to the construction of the Project and negotiate on behalf of each of the parties but who
do not have authority to bind the County or the Contractor.
Weld County shall have the right to remove any member of the Contractor's staff from the
Project, at any time, for any reason. This is a two-year partnership between Weld County and the
Contractor and a good relationship must be maintained at all times. Upon receipt of written
notification from the County, the Contractor shall remove the individual within 24 hours and
submit a written replacement request. This shall not be cause for a delay to the Project or warrant
a time extension.
24.4.2 Cooperation
The Contractor shall cooperate with the County and all representatives of the County designated
as described above.
24.5 Gratuities
Neither the Contractor nor any of its employees, agents and representatives shall offer or give to
an officer, official, or employee of the County gifts, entertainment, payments, loans, or gratuities.
The Contractor represents and warrants that it has not previously offered or given any gifts,
entertainment, payments, loans, or gratuities in violation of such prohibitions.
24.6 Survival
The dispute resolution provisions contained in Section 19, and all other provisions, which by
their inherent character should survive termination of the Contract, shall survive the termination
of the Contract.
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24.7 Limitation on Third -Party Beneficiaries
It is not intended by any of the provisions of the Contract Documents to create any third -party
beneficiary hereunder, or to authorize anyone not a party hereto to maintain a suit for personal
injury or property damage pursuant to the terms or provisions hereof, except to the extent that
specific provisions (such as the warranty and indemnity provisions) identify third parties and
state that they are entitled to benefits hereunder. The duties, obligations, and responsibilities of
the parties to the Contract Documents with respect to such third parties shall remain as imposed
by law. The Contract Documents shall not be construed to create a contractual relationship of
any kind between the County and a Subcontractor or any other Person except the Contractor.
24.8 No Personal Liability
The County's authorized representatives are acting solely as agents and representatives of the
County when carrying out the provisions of or exercising the power or authority granted to them
under the Contract Documents. They shall not be liable either personally or as employees of the
County for actions in their ordinary course of employment.
24.9 Notices and Communications
24.9.1 Delivery of Notices
Notices under the Contract Documents shall be in writing and: (i) delivered personally; (ii) sent
by certified mail, return receipt requested; (iii) sent by a recognized overnight mail or courier
service, with delivery receipt requested; or (iv) sent by facsimile communication followed by a
hard copy or with receipt confirmed by telephone, to the following addresses (or to such other
address as may from time to time be specified in writing by such Person):
All correspondence with the Contractor shall be sent to the Contractor's Project Manager or as
otherwise directed by such Project Manager. The address for such communications shall be:
Greg Frazee
Senior Project Manager
IHC
7135 S. Tucson Way
Englewood, CO 80112
frazeeg@ihcquality.com
All communications to the County shall be marked with the County's project identification
number and shall be delivered to the County's Project Manager, with copies to such additional
Persons as may be designated by the County's Project Manager, at the address set forth below:
Don Dunker, County Engineer
Clay Kimmi, Project Manager
Cameron Parrott, Project Manager
Weld County Public Works Department
1111 H Street
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Greeley, Colorado 80632
ddunker a weldgov.com
ckimmi(uweldgov.com
cparrottgweldgov.com
In addition, copies of all notices regarding disputes, termination, and default notices shall be
delivered to the following person(s):
Bruce Barker
Weld County Attorney
1150 '0' Street
Greeley, Colorado 80632
Telephone: (970) 336-7235
Fax: (970) 352-0242
bbarker@weldgov.com
24.9.2 Receipt of Notices
Notices shall be deemed received when actually received in the office of the addressee (or by the
addressee if personally delivered) or when delivery is refused, as shown on the receipt of the U.
S. Postal Service, private carrier or other Person making the delivery. Notwithstanding the
foregoing, notices sent by fax after 4:00 p.m. Mountain Standard or Daylight Time (as
applicable) and all other notices received after 5:00 p.m. Mountain Standard or Daylight Time
(as applicable) shall be deemed received on the first Working Day following delivery (that is, in
order for a fax to be deemed received on the same day, at least the first page of the fax must have
been received before 4:00 p.m.).
24.9.3 Copies of Correspondence to County
The Contractor shall copy the County on all written correspondence pertaining to the Contract
between the Contractor and any Person other than the Contractor's Subcontractors, consultants
and attorneys.
24.10 Further Assurances
The Contractor shall promptly execute and deliver to the County all such instruments and other
documents and assurances as are reasonably requested by the County to further evidence the
obligations of the Contractor hereunder, including assurances regarding assignments of
Subcontractors contained herein.
24.11 Severability
If any clause, provision, Section or part of the Contract is ruled invalid under Section 20 or
otherwise by a court of competent jurisdiction, then the parties shall: (i) promptly meet and
negotiate a substitute for such clause, provision, Section or part, which shall, to the greatest
extent legally permissible, effect the original intent of the parties, including an equitable
adjustment to the Contract Price to account for any change in the Work resulting from such
invalidated portion; and (ii) if necessary or desirable, apply to the court or other decision maker
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(as applicable) which declared such invalidity for an interpretation of the invalidated portion to
guide the negotiations. The invalidity or unenforceability of any such clause, provision, Section
or part shall not affect the validity or enforceability of the balance of the Contract, which shall be
construed and enforced as if the Contract did not contain such invalid or unenforceable clause,
provision, Section or part.
24.12 Headings
The captions of the Sections of the Contract Documents are for convenience only and shall not
be deemed part of the Contract or considered in construing the Contract.
24.13 Governing Law
The Contract Documents shall be governed by and construed in accordance with the law of the
State of Colorado. Venue for any legal action in connection with the Contract shall lie in the
Weld County District Court.
24.14 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.
24.15 Entire Agreement
The Contract Documents contain the entire understanding of the parties with respect to the
subject matter hereof and supersede all prior agreements, understandings, statements,
representations and negotiations between the parties with respect to its subject matter.
24.16 Counterparts
This instrument may be executed in two or more counterparts, each of which shall be deemed an
original, but all of which together shall constitute one and the same instrument.
24.17 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.
24.18 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.
24.19 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
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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.
24.20 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 -1O -1O1 et seq., as applicable now or hereafter
amended.
24.21 Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and
§24-50-507
The signatories to this Agreement agree that to their knowledge, no employee of Weld County
has any personal or beneficial interest whatsoever in the service or property which is the subject
matter of this Agreement. County has no interest and shall not acquire any interest direct or
indirect, that would in any manner or degree interfere with the performance of Contractor's
services and Contractor shall not employ any person having such known interests. During the
term of this Agreement, Contractor shall not engage in any in any business or personal activities
or practices or maintain any relationships which actually conflicts with or in any way appear to
conflict with the full performance of its obligations under this Agreement. Failure by Contractor
to ensure compliance with this provision may result, in County's sole discretion, in immediate
termination of this Agreement. No employee of Contractor nor any member of Contractor's
family shall serve on a County Board, committee or hold any such position which either by rule,
practice or action nominates, recommends, supervises Contractor's operations, or authorizes
funding to Contractor.
24.22 Public Contracts for Services C.R.S. §8-17.5-101
Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an
illegal alien who will perform work under this contract. Contractor will confirm the employment
eligibility of all employees who are newly hired for employment in the United States to perform
work under this Agreement, through participation in the E -Verify program of the State of
Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not
knowingly employ or contract with an illegal alien to perform work under this Agreement or
enter into a contract with a subcontractor that fails to certify with Contractor that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work under
this Agreement. Contractor shall not use E -Verify Program or State of Colorado program
procedures to undertake pre -employment screening or job applicants while this Agreement is
being performed. If Contractor obtains actual knowledge that a subcontractor performing work
under the public contract for services knowingly employs or contracts with an illegal alien
Contractor shall notify the subcontractor and County within three (3) days that Contractor has
actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall
terminate the subcontract if a subcontractor does not stop employing or contracting with the
illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract
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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.
24.23 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, including all
attachments, exhibits, and other documents incorporated herein, are 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.
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IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of
, 2015.
CONTRACTOR:
Interstate Highway Construction, Inc.
By:
Name: Jim Randall
Title: President
Date September 29, 2015
WELD COUNTY:
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPROVED AS TO FUNDING:
Controller
APPROVED AS TO FORM:
County Attorney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Barbara Kirkmeyer, Chair
APPROVED AS TO SUBSTANCE:
Elected Official or Department Head
Director of General Services
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EXHIBIT A - ACRONYMS AND DEFINITIONS
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As used in the Design/Build Contract to which this Exhibit is attached, and in the other Contract
Documents (unless otherwise specified therein), the following acronyms and terms shall have the
meanings set forth below.
A.1 ACRONYMS
AADT
AAN
AAP
AAR
AASHTO
Ac
ATC
ACHP
ACI
ACM
ADA
ADT
AEIC
AGC
AI
AIA
AISC
AISI
AITC
AMRL
ANSI
ARA
ARE
AREA
AREMA
ARTBA
ASCE
ASCII
ASLA
ASME
ASTM
ATC
ATMS
ATR
ATSSA
AWG
AWPA
AWS
AWWA
BAFO
Annual Average Daily Traffic
American Association of Nurserymen
AASHTO Accreditation Program
Association of American Railroads
American Association of State Highway & Transportation Officials
Alternating Current
Alternative Technical Concepts
Advisory Council on Historic Preservation
American Concrete Institute
Asbestos -Containing Materials
Americans with Disabilities Act
Average Daily Traffic
Association of Edison Illuminating Companies
Associated General Contractors of America, Inc.
Asphalt Institute
American Institute of Architects
American Institute of Steel Construction
American Iron & Steel Institute
American Institute of Timber Construction
AASHTO Materials Reference Laboratory
American National Standards Institute (formerly ASA and USASI)
American Railway Association
Additional Requested Element
American Railway Engineering Association
American Railway Engineering & Maintenance Association
American Road & Transportation Builders Association
American Society of Civil Engineering
American Standard Code of Information Interchange
American Society of Landscape Architects
American Society of Mechanical Engineers
American Society for Testing & Materials
Applied Technology Council
Advanced Traffic Management System
Automatic Traffic Recorder
American Traffic Safety Services Association
American Wire Gauge
American Wood Preservers' Association
American Welding Society
American Water Works Association
Best and Final Offer
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PROJECT No. B 1400202
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BATCD
BE
BMP
CADD
CBCP
CCA
CCI
CCR
CCTV
CAPCDQ
CDNR
CD
CDOT
CDPHE
CDW
CERCLA
CFR
CHP
CIH
CIP
CMS
COE
COM
CP
CPM
CQMP
C.R.S.
CRSI
CRT
CSEO
CSL
CTMC
CURPAL
D/B
dB
DBE
DCS
DRB
DTM
DWG
EA
ECM
ECP
ECS
Basic and Temporary Configuration Diagram
Colorado Bridge Enterprise
Best Management Practices
Computer -Assisted Drafting and Design
Category B Change Proposal
Colorado Contractors Association
Construction Cost Index
Colorado Code of Regulations
Closed Circuit Television
Colorado Air Pollution Control Division
Colorado Department of Natural Resources
Collector -Distributor
Colorado Department of Transportation
Colorado Department of Public Health & Environment
Colorado Division of Wildlife
Comprehensive Environmental Response, Compensation & Liability
Act, 42 U.S.C. §§ 9601, et. seq.
Code of Federal Regulations
Colorado Highway Patrol
Certified Industrial Hygienist
Cost in Place
Changeable Message Sign
(U.S.) Army Corps of Engineers
Communications
Colorado Procedure
Critical Path Method
Construction Quality Management Plan
Colorado Revised Statutes
Concrete Reinforcing Steel Institute
Console Monitor (Cathode Ray Tube)
Colorado State Engineer's Office
Cross Sonic Log
Colorado Traffic Management Center
Contractor Utility Relocation Plan Acceptance Letter
Design/Build
Decibels
Disadvantaged Business Enterprise
Document Control System
Dispute Resolution Board
Digital Terrain Model
Drawing
Environmental Assessment
Environmental Compliance Manager
Emissions Control Plan
Erosion Control Supervisor
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PROJECT No. B 1400202
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EEO
EIA
EIP
EPA
EPD
FAR
FCMs
FEMA
FHWA
FIR
FRA
FTP
GAAP
HASP
HBP
HDPE
HIRSYS
HLMR
IEEE
IEQM
IES
IGA
IIMS
IL
IMP
IMSA
IPCEA
IRI
ISA
ISDN
ISO
ISP
ITC
ITE
ITP
ITS
KW
LAN
LAPB
Lc
Ls
LED
LLRU
LRFD
LS
Equal Employment Opportunity
Electronic Industries Association
Environmental Investigation Plan
(U.S.) Environmental Protection Agency
Escrowed Proposal Documents
Federal Acquisition Regulation
Fracture Critical Members
Federal Emergency Management Agency
Federal Highway Administration
Field Inspection Review
Federal Railroad Administration
File Transfer Protocol
Generally Accepted Accounting Principles
Health and Safety Plan
Hot Bituminous Pavement
High -density polyethylene
Hotline Information Retrieval System
Highload multi -rotational
Institute of Electrical & Electronics Engineers
Independent Environmental Quality Manager
Illuminating Engineering Society
Intergovernmental Agreement
Incident Information Management System
Information Liaison
Incident Management Plan
International Municipal Signal Association
Insulated Power Cable Engineers Association
International Roughness Index
Initial Site Assessment
Integrated Services Digital Network
International Organization for Standards
Information or Internet Service Providers
Interface Terminal Cabinet
Institute of Transportation Engineers
Instructions to Proposers
Intelligent Transportation Systems
Kilowatt
Local Area Network
Link Access Protocol, Balanced
Length of Simple Curve
Length of Spiral Curve
Light Emitting Diode
Lowest Level Replaceable Unit
Load and resistence factor design
Line Section
131
LTDS
MACM
MARV
Mb
Mbps
MBTA
MESA
MHT
MIL
Weld County, Colorado
PROJECT No. B 1400202
Book 1 - Contract
Long-term design strength
Maximum Achievable Control Measures
Minimum average roll value
Megabit
Megabits per Second
Migratory Bird Treaty Act
Modified Environmental Site Assessment
Method for Handling Traffic
132
Applicant: Ames Construction, Inc.
Name of Site: Ard Borrow
Date: January 26, 2017
EXHIBIT L — Permanent Man -Made Structures
There are no permanent man-made structures within two
hundred feet of the affected land.
NOTICE
This Site is the location of a proposed mining operation. Ames
Construction, Inc., whose address and phone number is 18450 E
28th Ave., Aurora, CO (303) 363-1000, has applied for a
Reclamation Permit with the Colorado Mined Land Reclamation
Board. Anyone wishing to comment on the application may view
the application at the WELD County Clerk and Recorder's Office,
1402 N. 17th Ave., Greeley, CO 80631, and should send
comments prior to the end of the public comment period to the
Division of Reclamation, Mining and Safety, 1313 Sherman St.,
Room 215, Denver, Colorado 80203.
Certification
Dustin Williams, hereby certify that I posted the above notice
for the proposed permit area known as the Ard Borrow, on
January 27, 2017, 2017.
L _
Signature
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Date
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