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Home My WebLink About20150291.tiff0-ontocf- lb #/0107 BOARD OF COUNTY COMMISSIONERS REVIEW/ WORK SESSION REQUEST RE: Weld 2017 County Erosion Control and Re -vegetation DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 2.3.2017 PERSON REQUESTING: Joshua I-Iolbrook, Weld County Public Works Brief description of the problem/issue: The current contract for Erosion Control and Re -vegetation services between Weld County and Geisman Seeding Service is nearing expiration. The contract allows for yearly extensions and possible rate adjustments. Per the contract, the allowable rate adjustments are based upon the yearly percent change (+/-) to the Denver/Boulder/Greeley Consumer Price Index (CPI). The projected increase this year is +2.77%. Geisman Seeding Service is not requesting a cost increase for 2017. This extension would be in the third year of a possible three-year term limit. Attached to this pass around is a copy of the contract extension/renewal, the 2017 Bid Schedule, and cost compassion from 2016 to 2017. The budgeted amount for 2017 is $290,000.00. Geisman Seeding Service was awarded this contract in 2015 as the low bid contractor and the department has been satisfied with their work. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) The Board may request a work session to discuss this further Recommendation to the Board: Staff recommends approval for the attached 2017 contract renewal for Geisman Seeding Service. Approve Schedule Recommendation Work Session Sean P. Conway Julie A. Cozad, Chair Mike Freeman Barbara Kirkmeyer Steve Moreno, Pro -Tern ran Attachments: 2017 Contract Extension/Renewal 2017 Rate Schedule 2016-2017 Cost comparison Cc. Jay McDonald, Director of Public Works Elizabeth !Word, Engineering Manages Don Dunker, County Engineer Janet Lundquist, Support Services Manager Comments Nth —Active Projects\EROSION-SEEDING Contract\2017 renewaRcantract renewal lloc\WorkScssion(Work Session Requesadocx edwitsd 3-G -a2oi 7 I �j& Ger Oi5at 22a 0.29/ 66 O07O CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND GEISMAN SEEDING SERVICE This Agreement Extension/Renewal ("Renewal"), made and entered into 8 day of March, 2017, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the "Department", and Geisman Seeding Service hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 91500029/2015-0291 approved on March 9, 2015. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: The Original Agreement will end on March 8, 2017. • The parties agree to extend the Original Agreement for an additional 1 (one) period, which will begin March 9, 2017, and will end on March 8, 2118. 0 The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. This extension will be the third year of a possible three year contract 2. The 2016 Bid Schedule of the contract shall be replaced by the attached 2017 Bid Schedule, which is attached hereto and incorporated by reference. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: HaKuCzeasrn Q,,,z Prfittil Signature ATTEST: Weld Co BY: salty%) achc,:a I j k to the Board Deputy Clerk to, 'he Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO /4) Julie A. Cozad, Chair (-MAR 0 6 2017 oZOIc- d�9/ ?op Rio 5cta-L,Q :4 IRCT.11Mr tIf a.C.tilardLIMAw (lYYW 4 i(ECONG Pw x 201 1122 2232 AZ' 2a2 2147 232 2321, 203 2206 2.2 212 312 212 71) 213 1 aaeq Yrc3r oep a+nr�r, ILI I 01.. Acne Mlell6vai .>1 - 4 to oo e.tvotwAy.:k op f7114CC (t: D_ C11UbrJHlt70 tf} N} Ai I %• a� M►M 1«+IAICS Of GCH r ^ k7ii} t�NNM FY 1 ?.0,y�.: 4i At.ut wieurrMYYT of Si r l Fociia • 1 N« r 41A2M722431A2ftr - KrCA1m ht t1A1161.1- 40 /0>T, y2.S t -o n. C.. TG"iR Cl __, 91 1•(18 C()l}T� • rtKCQ fPIlKM 1.4:11 FAT 41742C2 if •jeCAsEEm1 N1 -x tl1 m!1261, ut,41KO C IM F1M ANDiAtwohA1 HOUR ff, 121-i0SC--1---W. 1i 00 _ It, Mid (KOMI Itk ACAVE M0RIN ' ACRt 721400 tTh]A>M0411.8CV ,M cc razti_ S(2O 0.1131143 9�h NAT 44 E ;LNG; rtee3414.1 WV, ISHP -ROC f10R1H 311041. Man NG1:T11.A OGICAtNt 1AV1 5"471,0316.11 !1191,1mowscgaraA CROcl t-o-otkxt st" O - 1$fh WittlAntwoivewetra,c,. SO it CAPJtlf101AO wNDIki AMIw 1 .4117f) it S 253.00 A1,a I b 58.00 Acne -r-- ci? Acne ACRE Moo '46 7r5 336 eJ6 tresi Or Er re" M-Isvr1TtM1 Yeas tti MONhi OG Irtvr 33 (Iit tS Qbtiif Vnoi riMkt sown OF 1.IWY xt P1T?N7 w yttantetit ttrlitnt ocion asOfts4�eta MootaA l At](1Tii Or HMn ar pseud et: oatitelltA ras *VA, a1 TtUst +tdatvnTT� yutaltsl ntkgre:Iteteittlni._- 1044%CW,(CO I$)MIJfCO TnrTrtot LUW rr(AIttliG,V.Tt1. C4 akesemal PMI1 FMSr LAM, EACH DAY bar 5nG,oc> I`A o1) 159 .OO f104,60 3 Eq. Uo 1'1P ur1deosigtt.d, by his or kyr sipatu: e, hereby sdale;vttdgeS and Peduifteti thus 1 the tnl Wuprlv"d hereA nu_tit=. ai; ,,(:hr r.p clittoni, r:(Icxii:cartgrls and svPcral plrvi ;ions wt tort= iI5 the. req.. - for bit! for R.+_PIni Nh> telti$000.29 Th. qu:Wti:he sot font htfein ate cr.fikriA.e Of OW flame' [ram, SCITOi amid ether Rite 4nd local bum. we et (Ho it authotiwcd to ten=t the telrlw n.unM tk1dder EPrt U,m wturunT shown on the unbmP+nbnR aftlaosui Chew .1 The steed bits tobmseese tit cat Use drrnmthts ct titx Rrt 14,.0 trey bid ounw nets her4M (rnclu.Je . but n9t. tlfruted fn, =mush rt VhsISklVWts and scup. r•.t sem-he t41001h.. trwmal a(cetxtmctr tit INbidby Wedd(a+a+h. Ntethe,.0 rit,tee r trwleati. er.: the eentr uct 4qtr wing the 4.h .J frwrn tl:>ttcvt.r..r trt the I,q top Wad C4>rAityF WMd County ltiv.t.n fr. ri(01(p rcl..t Any Attu all NI), to ',Nye dny Irrtotmrity in ttM bras ants acrrrt ihw b:;l 1h 1, +n •trs! :,pr.rwr rrf ft,* 1104, d CY twnty rtwnm.si. n e s..r rr: me snit trtten e6:s cat Well County. smvs.7L5Wtcyf,tt:arat5Sef'vrca, SWSINESS ADDRtss_ ?13 F4 5 rw i o.,M( VeS'iMQf (r Iej.a w.rrtl i:11T, STMI 1.1P COOL LaieL5 C41>it i' c.o 8050 41 rt:t£PHt7PJF NO q'10-5.-ks-nca.3.AI 'x!`S36-40.1 inxir,d 8`1-9&GI@5q'� Slrr;?:TL^l' kiblo4dsy='YYL fssIEL ,.. E-MAIL i.Nte t lC .7 sxnaxt.Conti WELD COUNTY IS EXEMPT (ROtrt COLORADO SALES TAXES. Erosion Control and Revcetation Contract / #B1.500029 2016 Cost 2017 Cost ITEM DESCRIPTION ITEM UNIT Ccisman Seeding Service Ccismae Seeding Service UNIT PRI(:6(SI UNIT UN1T('051 %CHANCE ('I.1.AF)ING .00':,,.4,01,1,1`10 201 A(:61. 5 101100 ACRE 1!,1100 U00°'4 BI M1P.'ALIJIt MAIN I I.N4 NCI. ';F I. -ELISION LOG (It IN<711(II' '0011, -' ii;1C1I 5 00 IiAC.II s 5.00 0 or,% RENAIVAI. OR M,1YI'CNAN1E OR ERolSIo.S I. U, ,;., INc:H)(20 FOOT) f '''1': f 1.01i 005% RE5,1'Il'Al 17R 11 AI:; 1 MAW, II 1112 LR.I'51CN 1141,I1S 2112 c.1111 S sou ini7ii f" 5,00 000! REMIOV:II. OR MAIN (ENA7I.'1: OF SILT FENC1! 1.1 5 0.f, LI' S II8I 0030( 1101215,00 U'1C 1111 VTENANC0 ('F SE0IMIIN r BASIN (( - 20I.„01, 1(+_i Four, U 2 FOOT) 102 IG1C1 T f 153 Oc t.ACH 0 25)141 00045, 1000011. 20'' CY $ :;130 CY .5 22,00 0.00111 EROSION I.2111S (17 INCA)( I0 F00T) 201 EACH F 420 EALlI 5 .1210 0,00% LRl1SIUN DALES SWIM)) FRITE) 2.020 EACH f 10011 FACIA S 1000 0.00% SE 1171010- 200 I1' s IF g 151 0.10(1% SC017111:1121(47(`I (1. 201'11117, W` ) FOOT. 1' 1'0)01) 20A G.,1Cfl 5 - 1"aCll 5 2:52.03 00.0% SFITIMON) REMOVAL. AND ,1(SFOS AL 200 HOUR 5 7150 in)UII S 121.50 011110, SOO (LAWN) 112 St 5 I00 Sr $ 100 0.W".4 7110DINO(NAI'IVR) 1ROAIIWAY)7121KTBI _... A(:11.1,. f 724,00 ACRE f 720,1((1 0007 SLIDING IN:C11VE11 R11Al\V AY)(S(I7) ('H) ... ACE I- 0 L.,5 (1,, ACRE a rl0l:e9 RIMS SEEDING IN 0IIVE1(PIERC I1 ti0AVPL Pi 7) 212 'K:1.1.' 0 ,i^r,0 ACM' S 71+0,.00 0.02((4 SEEDING (NArlvFl(KOSKIE. LEHIR. PiERCF. 00414. AS HISAI{ill, .'9.SCIJS NO(0251 ANTI (MIS FRI )12 ,1LRE '.,•,,,i 1,,1 0(131': f 114 00 0 "11% SEEDING, (NArlvI:)( 1(111.Nk0, 11l'.A11SON, ANU HOKInH.0 0,Rr1VE1, 51201 2(2 ;1!'1(E f 1"S ( ) Al:kl: s 5119 U'' U 10% SF.ED1NG(NURSE (31201') 212 ACES' S ,.: ',u A('RI: S 102 i:. 1200% BROADCAST SFP.NOINI,(LI A I II'I') 11a SY S SI- 1 , 0,00% IIYURAULIC(SF :')INC11(NA II\' 1111113'i.'C: I) 212 At'R II $ 'I 1 Dr,, ACRE 7. 911 On 000% TIYDRAI,:LIC (SI'F.111V1)(NATIVE)ISi':T1U (I) ACRE 5 '710,) 400(1 S 7710;1 '100% SOLI. CONOr10TVIN(I .. ACRE S 1(4100 ACRE 450 o Olsl9a 00lJl.CH (.St'RAW') I WEED FBF0i( '.. Il)S''S)AC:KI'.) 211 ACRE S 01,5 (III ACRE f .1,.) 00 0 00% 111''.11(Al L)C MLII CII 4SI'RAW)(`d'i.Hl' ER1,1.1(15 riSi:S+ACIt1i) 2 1 1I RE 14140,, ACRE f 13400 000% ❑1(1Ile t,Ali711-IIOMBLACK (i,}00 ' 01S0ACI011:1 i'1 SY 12,' SY s 110 a 011% 0011 :RF1rD111,112 PLANK!: r 0, rRA141COC(5N111) .I', ... ..11 .. 1 2.05 0(11123. CLASS 2 IRM (I.ANDI,OK 450 OR APPROVFD EQWVAt PENT) - 6.11 tit 1 L)0 clAtrA CL ASS 5 IOM (LANDLOK )011 OR APPROV,:1) CQIAVAI.FF1T) , I 10.22 f 1(122. 010% (11,:100 100010 (PYI(,1MAT OR APPROVED EQIIIVAI.I;NI I SY 5 _ s ) 25 0.0006 01(0101.12.01104 NCORTI1 Or 1110'1' )4(CI J,0)22071 I, \CI: 5 20600 E:1( II 5 501;.00 0005 .101:117..011ON7i1111'll (Il' IRVY 04 (ITEMS 2,51 .. EACH F 0010101 4.0414 1 ('7,0 110 O 1,001, M01111.1/AIION NORTH OF 11',017i (7140)5 :JAI ,. i.l('II 4 ," s:' 1'1(11 5 0);;,i, M0101.1510700N711.0.1 07 HWY 10 (I N'Mti f1=l1 ',1(, EACH 3 005.02, CALIF 1 201:,0(' :: Ur':, MIBILIZATIoN Nllw 1}1 Or Hwy 14 (r1 FSIU 212 •;.kll '-.1) .. TACO 111`:, F %CH 1 059000 0110% MO111IJ/.A' ION SOUTII (51'' fIW'Y .11 (I ISMS 215 AND 211) 014 1'01 11 ,,, 1' ", f+ 1 l),.. 00+;.. molle.le,SIION,NLSRI II OI' ILW. (( (STEMS .1101 410 I. 000 ., ,I.. ..,. L:ACII 006 0.4 r. >li)1'•111:,AIION S(IIITII OF HWY 14( I1(:SIS 2(0) .,..I 70Gil LAO, 501,00 I" ,1i9'I0I',u:,,R(JI. 911,15115, 0 11'I1LAG:i'I?> .. ., 1'", 1A 1,I [1:1}' ..: r' 12,(0' 0 .iI lUP 111111), ' •,..210:., ,': I. CI ,-'11;1:'- I'>, III ., I '..:;i ,,. - -. DAY 5 ', DAY 5 : 'I' 1-1 0,07.; Percent Avg. Increase for 2017 0.00% Denver -Boulder - Greeley CPI projection Is 2.77% RE: Bid #B1500029 Doc #2015-0291 MEMORANDUM TO: Clerk to the Board DATE: February 11, 2016 FROM: Josh Holbrook, Inspection Supervisor SUBJECT: BOCC Agenda Contract Agreement Extension/Renewal with Geisman Seeding Service for the 2016 Erosion Control and Re -Vegetation. This is the second year renewal of a possible three-year term limit. M.Trancie\AGENDA memos \AgendaJosh. docx CC' PN (FC/St) p,, a ,,>c' 2-11-1 l� z11140, EGbo7„2..) BOARD OF COUNTY COMMISSIONERS REVIEW/ WORK SESSION REQUEST RE: Weld 2016 County Erosion Control and Re -vegetation DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 2.3.2016 PERSON REQUESTING: Joshua Holbrook, Weld County Public Works Brief description of the problem/issue: The current contract for Erosion Control and Re -vegetation services between Weld County and Geisman Seeding Service is nearing expiration. The contract allows for yearly extensions and possible rate adjustments. Per the contract, the allowable rate adjustments are based upon the yearly percent change (+/-) to the Denver/Boulder/Greeley Consumer Price Index (CPI). The projected increase this year is +1.30%. Geisman Seeding Service has submitted their proposed 2016 rate schedule for the required services, which includes an increase that ranges from 0% to 1.27% for each line item (see attachment). This extension would he in the second year of a possible three-year term limit. Attached to this pass around is a copy of the contract extension/renewal, the 2016 Bid Schedule, and cost compassion from 2015 to 2016. The budgeted amount for 2016 is $175,000.00. Geisman Seeding Service was awarded this contract in 2015 as the low bid contractor and the department has been satisfied with their work. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) The Board may either approve or deny the contract renewal/extension. Recommendation to the Board: I recommend approval for the attached 2016 contract renewal and rate adjustment for Geisman Seeding Service. Approve Schedule Recommendation Work Session Mike Freeman, Chair Sean P. Conway, Pro -Tern Julie Cozad Barbara Kirkmeyer Steve Moreno Attachments: 2016 Contract Extension/Renewal 2016 Rate Schedule 2015-2016 Cost comparison Cc. Jay McDonald, Director of Public Works Elizabeth Relford, Engineering Manager Don Dunker, County Engineer Janet Lundquist, Support Services Manav≥er vvIE Comments MA -Active Projects'\FROSION-SFFDING (:ontract\20I6 renewalvcontract renewal DocAWorkSession(`Nork Session Request) tthex CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND GEISMAN SEEDING SERVICE This Agreement Extension/Renewal ("Renewal"), made and entered into 8 day of March, 2016, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works hereinafter referred to as the "Department", and Geisman Seeding Service hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. B1500029/2015-0291 approved on March 9, 2015. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: The Original Agreement will end on March 8, 2016. • The parties agree to extend the Original Agreement for an additional 1 (one) period, which will begin March 9, 2016 and will end on March 8, 2017. The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. This extension will be the second year of a possible three year contract 2. The 2015 Bid Schedule of the contract shall be replaced by the attached 2016 Bid Schedule, which is attached hereto and incorporated by reference. All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: HAIAK eerswwo,v1 Pr'n e�N a ,o Signature ATTEST: d `" •+C{�o;K Weld County Clerk to the Board BY: Controller APPROVED AS TO FO: M: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair FEB 1 7 2016 APPROVED AS TO S Ele ed S ial or Department Head Director of General Services 070/,5-oz?i County Attorney 2016 BID SCHEDULE EROSION CONTROL AND REVEGETATION GEISMAN SEEDING SERVICE ITEM, ITEM DESCRIPTION UNIT UNIT PRICE ($) 201 CLEARING: AND GRUBBING ACRE 1012,00 5. Q A 202 REMOVAL OR'MAINTENANCE OF EROSION LOG (12 INCH)(10 FOOT) EACH 202 REMOVAL OR MAINTENANCE OF EROSION LOG (12 INCH)(20 FOOT) EACH SOO 202 REMOVAL OR MAINTENANCE OFEA EROSION BALES • 00 202 REMOVAL OR MAINTENANCE OF SILT FENCE IF • ili 202 REMOVAL OR MAINTENANCE OF SEDIMENT BASIN (L= 20 FOOT, W=5 FOOT, D=2 FOOT) EACH A53 .00 207 TOPSOIL CY Z2•W 208 EROSION LOGS (12:INCH)(10 FOOT) EACH 1 ILC?: 208 EROSION BALES (WEED FREE) EACH 10 #00 2116 SILT FENCE LF 1, SZ 208 SEDIMENT BASIN (1= 20 FOOT, • W=5 FOOT, D= 2 FOOT) EACH 253.00 208 SEDIMENT REMOVAL AND DISPOSAL HOUR t l I S 0 212 SOD (LAWN) SF it 212 SEEDING (NATIVE) (ROADWAY) (NORTH OF WCR 74) ACRE rf 1, i 212 SEEDING (NATIVE) (ROADWAY) (SOUTH OF WCR 74) ACRE / 63 =450 212 SEEDING (NAT1 PM IERCE GRAVEL i ACRE '13 / .no 212 SEEDING (NATIVE)( KOSKIE, LEHR, PIERCE NORTH, ASHBAUGH, FISCUS NORTH, AND GEISERT GRAVEL PITS) ACRE ' 1 k •JQ 212 SEEDING (NATIVE)( KOENIG, BEARSON, AND HOKESTRA GRAVEL PITS) ACRE r t? 11000 212 SEEDING (NURSE CROP) ACRE 2 0 g ,50 212 BROADCAST SEENDING (NATIVE) SY ♦ j'1' 212 HYDRAULIC (SEEDING)(NATIVE) (NORTHOFWCR74) ACRE `( 1!.OO n 1 lit x s �q V' 212 HYDRAULIC (SEEDING}(NATIVE) (SOUOF WCR 74) T,H ACRE 212 SOIL CONDITIONING ACRE IDS, do 213 MULCH (STRAW) (WEED FREE) (1.5,TONS/At:RE) ACRE 41 60.00 213 HYDRAULIC MULCH (1.5 TONS/ACRE) ACRE I I y'94100 213 BIOTIC EARTH -HGM BLACK (4,500 LEIS/ACRE) +� i s of t 216 SOIL RETENTION BLANKET (STRAW/COCONUT) SY al 53 216 CLASS 2 TRM (LANDLOK 450 OR APPROVED EQUIVALENT) / 6 ► SR 216 CLASS 3 TRM (LANDLOK 300 OR APPROVED EQUIVALENT) f D L Z2- 216 . CLASS 3 TRM (PYRAMAT OR APPROVED EQUIVALENT) SY 15..R 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 202) EACH S -06e00 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 202) EACH So ,, 00 626 MOBIUZATION NORTH Of HWY 34 (ITEMS 208) EACH LOCi,O 626 MOBILIZATION SOUTH OF HWY,' 34 (ITEMS 208) EACH ` x 0 b. 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 212 AND 213) , EACH Si"7 x 00 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 212 AND 213) EACH fa 7%11,00 t� o(Is► OO 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 216) EACH 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 216) EACH PIb b •o 630 TRAFFIC CONTROL —SIGNS ONLY (NO BAGGERS) (MUTCO TA -6) DAY 14,60 630 TRAFFIC CONTROL- LANE CLOSURE (WITH FLAGGERS) (MUTCD TA -10) DAY t, p� i V The undersigned, by his or her signature, hereby acknowledges and represents that: 1 The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for bid for Request No. #61500029 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of'formai acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM iRHtr0l1 U 3^ e. "11 BY Ha 14.14 6ye. 1 (Please print) BUSINESS ADDRESS IS $ 1AT S DATE 1-i -1 a CITY, STATE, ZIP CODE Lys, 3 Wt F pit t 'L� O. 0 c'15 TELEPHONE NO -s 41tiO3 FAX Tit -S3<<7''963 t TAX 1D # I9 agagg6 SIGNATUREPi a ,art} E-MAIL a k e T, M,i,&us� ( ' Ct tM C�,t- t , 'C o (41. WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000 Erosion Control and Reve • etation Contract / #B1500029 2015 Cost ITEM DESCRIPTION CLEARING AND GRUBBING REMOVAL OR MAINTENANCE OF EROSION LOG (12 INCH)(10 FOOT) REMOVAL OR MAINTENANCE OF EROSION LOG (12 INCHX20FOOT) REMOVAL OR MAINTENANCE OF EROSION BALES REMOVAL OR MAINTENANCE OF SILT FENCE REMOVAL OR MAINTENANCE OF SEDIMENT BASIN (L= 20 FOOT, W=5 FOOT, D= 2 FOOT) TOPSOIL EROSION LOGS (12 INCH)(10 FOOT) EROSION BALES (WEED FREE) SILT FENCE SEDIMENT BASIN (L= 20 FOOT, W=5 FOOT, D= 2 FOOT) SEDIMENT REMOVAL AND DISPOSAL SOD (LAWN) SEEDING (NATIVE) (ROADWAY)(NORTH) SEEDING (NATIVE) (ROADWAYXSOUTH) SEEDING (NATIVE)(PIERCE GRAVEL PIT) SEEDING (NATIVE) (KOSKIE, LEHR, PIERCE NORTH, ASHBAUGH, FISCUS NORTH AND GEISERT SEEDING (NATIVE)( KOENIG, BEARSON, AND HOKESTRA GRAVEL PITS) SEEDING (NURSE CROP) BROADCAST SEENDING (NATIVE) HYDRAULIC (SEEDINGXNATIVE)(NORTH) HYDRAULIC (SEEDINGXNATIVEXSOUTH) SOIL CONDITIONING MULCH (STRAW) (WEED FREE) (1.5 TONS/ACRE) HYDRAULIC MULCH (STRAW) (WEED FREE) (1.5 TONS/ACRE) BIOTIC EARTH - HGM BLACK (4,500 LBS/ACRE) SOIL RETENTION BLANKET (STRAW/COCONUT) CLASS 2 TRM (LANDLOK 450 OR APPROVED EQUIVALENT) CLASS 3 TRM (LANDLOK 300 OR APPROVED EQUIVALENT) CLASS 3 TRM (PYRAMAT OR APPROVED EQUIVALENT) MOBILIZATION NORTH OF HWY 34 (ITEMS 202) MOBILIZATION SOUTH OF HWY 34 (ITEMS 202) MOBILIZATION NORTH OF HWY 34 (ITEMS 208) MOBILIZATION SOUTH OF HWY 34 (ITEMS 208) MOBILIZATION NORTH OF HWY 34 (ITEMS 212 AND 213) MOBILIZATION SOUTH OF HWY 34 (ITEMS 212 AND 213) MOBILIZATION NORTH OF HWY 34 (ITEMS 216) MOBILIZATION SOUTH OF HWY 34 (ITEMS 216) TRAFFIC CONTROL - SIGNS ONLY (NO FLAGGERS) (MUTCD TA -6) TRAFFIC CONTROL - LANE CLOSURE (WITH FLAGGERS) (MUTCD TA -I0) Geisman Seeding Service UNIT PRICE (S) 2016 Cost Geisman Seeding Service UNIT COST 1,012.00 121.50 202.50 1,454.00 1,000.00 250.00 250.00 120.00 650.00 730.00 725.00 200.00 900.00 762.00 1,436.00 500.00 500.00 310.00 Percent Avg. Increase for 2016 0.95% Denver -Could - Greeley CPI projection is 1.30% % CHANGE MEMORANDUM TO: Clerk to the Board DATE: March 2, 2015 FROM: Josh Holbrook, Inspection Supervisor SUBJECT: BOCC Agenda RE: Bid #B1500029 Agreement for Construction Services for the 2015 Erosion Control Revegetation with Geisman Seeding Services. This is a one-year agreement with an option to renew/extend for two additional years. M'\Francie\AGENDA memos \AgendaJosh. docx cam+ ayepda. 3- 9 - 02015 RECEIVED MAR 0 3 2015 WELD COUNTY COMMISSIONERS CC. ?c,) (F%N') 0 -/p - °Q.40/5 -&20/ ,a07a WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & GEISMAN SEEDING SERVICE 2015 Erosion Control and Revegetation THIS AGREEMENT is made and entered into this 19 day of February, 2015, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Geisman Seeding Service, an individual, who whose address is 15813 WCR 5, Longmont CO 80501-9671, hereinafter referred to as "Contractor". WHEREAS, Erosion Control is in need as a result of construction and weather events, (hereinafter referred to as the "Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the repair and installation of these various projects and WHEREAS, County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit A and B WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Construction Services at or below the cost set forth in Exhibit A: WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B1500029". The RFP contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit A which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"), to perform the services described on attached Exhibits A and B. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A and B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $147,575.00, which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29- 1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty. Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the construction completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. Any modification to these requirements must be made in writing by Weld County. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Indemnity: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contractor in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Employers Liability) Statutory $ 500,000 $ 500,000 $ 500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and liability assumed under an insured contract. The policy shall be endorsed to include 1) the Additional Insured Endorsements CG 2010 (or equivalent), The policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations" and the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury $50,000 any one fire; and $500,000 errors and omissions. $5,000 Medical payment one person Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Additional provisions: Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: i. If any aggregate limit is reduced by twenty-five percent (25%) or more by paid or reserved claims, Contractor shall notify County within ten (10) days and reinstate the aggregates required; ii. Unlimited defense costs in excess of policy limits; iii. Contractual liability covering the indemnification provisions of this Agreement; iv. A severability of interests provision; v. Waiver of exclusion for lawsuits by one insured against another; vi. A provision that coverage is primary; and vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by County. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 14. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, and all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: Notification Information: Contractor: Geisman Seeding Service Attn.: Hank Geisman, Owner Address: 15813 WCR 5, Longmont, CO 80504 E-mail: hhgeisman@gmail.com Facsi m i le:1.303.775.8686 County: Name: Joshua J. Holbrook Position: Construction Inspection Supervisor Address: 1111 H Street, Greeley CO 80632 E-mail: jholbrook@weldgov.com Facsimile: 1.970.301.2622 18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 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. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5- 102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5- 101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 29. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 30. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 19 day of February, 2015. CONTRACTOR: eQzS mat& Seecki5ervrce O By: U'i Name: Hawtic Cfexswi,a,t2 Title: D W Ie,e,r Date —15 WELD WELD CO Y: ATTEST: BOARD OF COUNTY COMMISSIONERS Weld Ceunty Clerk to the B%ard___ WELD COUNTY, CpLORADO BY Deputy CIrk to the hair MAR 9 2015 APPROVED AS TO FU STANCE: Con rol "r icial or Department Head APPROVED AS TO FORM: Cou 14,014 Director of General Services 620/55 46719./ Exhibit A REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: JANUARY 5, 2015 BID NUMBER: 61500029 DESCRIPTION: EROSION CONTROL AND REVEGETATION SERVICES FOR 2015 MANDATORY PRE -BID CONFERENCE DATE: JANUARY 12, 2015, 10 a.m. BID OPENING DATE: JANUARY 27, 2015, 10 a.m. PRESENTATION TO BOCC: JANUARY 28, 2015 NOTICE OF AWARD: FEBRUARY 11, 2015 NOTICE TO PROCEED: FEBRUARY 25, 2015 PROJECT COMPLETION: DECEMBER 31, 2015 A. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Director of General Services (collectively referred to herein as, "Weld County"), wishes to purchase the following: Erosion Control and Revegetation Services for 2015 The project in general consists of: • Placing, maintaining and removing erosion control devices; • Seeding and mulching road construction projects and gravel pits throughout the calendar year as directed at various sites within the county. • The sites are generally within a corridor from Weld County Road 1 to Weld County Road 157 and from Weld County Road 2 to Weld County Road 138. The services that will be requested may include any or all of the following: • Placement, maintenance and removal of erosion control devices: erosion logs, erosion bales, soil retention blankets, turf reinforcement mats, silt fences, and other items. • Revegetation: soil preparation (tilling and ripping), drill seeding, broadcast seeding, hydraulic seeding, placing sod, mulching, and hydraulic mulching. A mandatory pre -bid conference will be held at 10:00 a.m., on January 12, 2015, at the Weld County Public Works Building. The Public Works Building is located at 1111 H Street in Greeley. Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. Bids for the above stated merchandise, equipment, and/or services will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 0 Street Room #107 Greeley CO 80631 until: 10 a.m. on January 27, 2015 (Weld County Purchasing Time Clock). PAGES 1 - 15 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION BID NO. B1500029 Page 1 CONTAINED IN PAGES 1 - 15 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 15. B. INVITATION TO BID: Weld County requests bids for the purchase of the above -listed merchandise, equipment, and/or services. Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. Merchandise and/or equipment shall be delivered to the location(s) specified herein. You can find bid information on the Weld County Purchasing website at http://www.co.weld.co.us/Departments/Purchasing/index.html located under Current Request for Bids. Weld County Government is a member of the Rocky Mountain E -Purchasing System. The Rocky Mountain E -Purchasing System (BidNet®) is an on-line notification system that is being utilized by multiple governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Did Delivery to Weld County — 3 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: bids(a�weldgov.com. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2. Facsimile. Bids may be faxed to 970-336-7226 attention "Purchasing". The vendor must include the following statement on the facsimile: "I hereby waive my right to a sealed bid. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 3. Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150 O Street, Room #107 Greeley, CO 80631. Please call Purchasing at 970-336-7225 if you have any questions. C. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION: Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to the bid of the individual signing. When requested by the Weld County Director of General Services, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. BID NO. B1500029 Page 2 Bids may be withdrawn upon written request to and approval of the Weld County Director of General Services; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Director of General Services for the premature opening of a bid not properly addressed and identified. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. Terms Defined: The terms used in these instructions to Bidders and elsewhere throughout the Contract Documents are defined in the General Provisions, CDOT, Standard Specification for Road and Bridge Construction, Section 101. Qualification of Bidders: Qualification statements, attached with this document, are required to be completed by Bidders. If requested by Weld County, a Statement of Qualifications will be completed for the Subcontractors listed by the Contractor within 72 hours of the request. Failure to submit qualifications may be cause for rejection of Bids. The Owner shall consider the following criteria in evaluating the Bidder's qualifications following the opening of Bids: • Experience and performance records on similar work; and • Ability to complete the Work within the Contract Time. Familiarization With the Work: Before submitting his Bid, each prospective Bidder shall familiarize himself with the Work, the site where the Work is to be performed, local labor conditions and all local, state and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. The Bidder shall carefully correlate their observations with requirements of the Contract Documents and Drawings and otherwise satisfy himself of the expense and difficulties attending performance of the Work. The submission of a Bid will constitute an incontrovertible representation by the Bidder that they have complied with every requirement of this paragraph. Interpretation of Contract Documents to Prospective Bidders: Any prospective Bidder who discovers ambiguities or is in doubt as to the true meaning of any part of the Contract Documents or Drawings shall make a request to Weld County for an interpretation thereof. Interpretations will be made only by Addenda, duly issued, and copies of each Addendum will be mailed or delivered to each Contract Document holder of record. Unless approved by the Director of General Services, no interpretation Addenda will be issued within the last seven (7) days before the date set for opening of Bids. The Bidder shall be solely responsible for any interpretation of the Contract Documents or Drawings other than by duly issued Addenda. Preparation of the Bid: Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Bids by partnerships must be executed in the partnership name and signed by a partner. The partner's title must appear under their signature BID NO. B1500029 Page 3 and the official address of the partnership must be shown below the signature. Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Names of all persons signing must be printed below their signatures. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. Modification or Withdrawal of Bid: Bids may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed, and delivered to the place where Bids are to be submitted at any time prior to the final time set for receiving Bids. Bidders may modify or withdraw Bids by electronic communication at any time prior to the time set for receiving Bids provided the instruction is positively identified. Any electronic modification should not reveal the amended Bid price, but should provide only the addition, subtraction or modification. A duly executed document confirming the electronic modification shall be submitted within three days after Bids are opened. The Director of General Services, may at their sole discretion, release any Bid at any time. D. AWARD AND EXECUTION OF CONTRACT: Basis of Award: Only firm Bids will be considered. The award of the Contract, if it is awarded, will be to the lowest responsible bidder whose Bid compares favorably upon evaluation with other Bids. Weld County intends to award the Contract to the lowest responsible Bidder within the limits of funds available and to best serve its interests. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. Evaluation of Bids: The evaluation of Bids will include consideration of Subcontractors and suppliers. All Bidders shall submit a list of all Subcontractors he expects to use in the Work with the Bid. The experience statement with pertinent information on similar Projects shall be furnished with the name of each Subcontractor proposed to perform work on the project. The use of Subcontractors listed by the Bidder and accepted by County prior to the Notice of Award will be required in the performance of the Work. All Bidders shall submit with their Bid a list of the suppliers as indicated in the Bid Forms. Contract Execution: The successful Bidder shall be required to execute the Contract and to furnish the Performance Bond, Labor & Materials Payment Bond and Certificate of Insurance within ten (10) calendar days of receipt of the Notice of Award. The Certificate of Insurance shall name Weld County as additional insured. Failure to execute the contract and furnish the required paperwork within the time frame mentioned above shall be just cause for the annulment of the Award and, in the event of such annulment, the Award may then be made to another Bidder, or the County may reject all Bids or call for other Bids. The County, within ten (10) days of receipt of acceptable Performance Bid, Labor & Materials Payment Bond, and signed Contract from the successful Bidder will issue the Notice to Proceed. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), the successful bidder's response, and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract, which if required, has been made a part of this RFP. BID NO. B1500029 Page 4 E. PERFORMANCE, LABOR, MATERIAL AND PAYMENT BOND: The successful Bidder shall be required to execute the Performance Bond and Labor & Materials Payment Bond in the amount of 100% of the Contract plus the value of the force account items, covering the faithful performance of the Contract and the payment of all obligations arising there- under. The Bonds shall be executed on the forms included with the Contract Documents by a surety company authorized to do business in the State of Colorado and acceptable as surety to Weld County. The Bidder shall deliver the Bonds to the Owner not later than the date of execution of the Contract. F. INDIRECT COSTS: Governmental Fees: The cost of all construction licenses, building and other permits, and governmental inspections required by public authorities for performing the Work, which are applicable at the time Bids are opened and which are not specified to be obtained by the County, shall be included in the Bid price. Royalties: The cost of all royalties and license fees on equipment and materials to be furnished and incorporated in the Work shall be included in the Bid price. Utilities: Unless otherwise specified, the Bidder shall include in his Bid the cost of all electrical, water, sanitary, gas, telephone, and similar facilities and services required by him in performing the Work. Cash Allowances: The Bidder shall include in his Bid such sums as he deems proper for overhead costs and profits on account of cash allowances named in the Bid Documents. G. SITE CONDITIONS: Familiarization with the Site: The prospective Bidder shall by careful examination, satisfy himself of the following: Nature and location of the site where the Work is to be performed; Character, quality, and quantity of surface and subsurface materials, water, structures and utilities to be encountered; Character of construction equipment and facilities needed for performance of the Work; General local conditions; and Availability of lands as set forth in the General Conditions. Access to the Site: The Bidder shall carefully review the Drawings and the Project Special Conditions for provisions concerning access to the site during performance of the Work. The Bidder shall carefully review the locations of the site where the work is to be performed. The Bidder shall make all arrangements, as deemed necessary, for access to property outside of County Right of Way, prior to beginning the work. H. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS: Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States BID NO. B1500029 Page 5 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). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. I. Fund Availability: Financial obligations of the Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. J. Confidential Information: Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. BID NO. B1500029 Page 6 K. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. L. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. M. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. N. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. 0. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. P. Attorneys Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. BID NO. B1500029 Page 7 Q. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. R. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent contractors performing construction services of a similar nature to those described in this Agreement. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. S. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. If the County opts to renew the Contract, the Contractor will have an opportunity to provide a revised fee schedule, if any, for the upcoming Contract term. The increased costs shall be based upon the Denver -Boulder -Greeley Consumer Price Index and the market price for straw. T. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. U. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement. The successful bidder's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. V. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without BID NO. B1500029 Page 8 County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. W. Warranty: The successful bidder warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction services will conform to applicable specifications. In addition to the foregoing warranties, the successful bidder is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which the successful bidder must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the Project. X. Non -Assignment. The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Y. GENERAL PROVISIONS: 1. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 2. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. 3. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full BID NO. B1500029 Page 9 performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. 4. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 5. Compliance with Davis -Bacon Wage Rates. The successful bidder understands and agrees that, if required by the Scope of Work, the work shall be in compliance with the Davis- Bacon Wage Rates. 6. 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. 7. Compensation Amount. Upon the successful bidder's successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Z. INSURANCE REQUIREMENTS: General Requirements: Successful bidders/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, during any warranty period, and for three (3) years after termination of the Agreement. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self - insured retention, County must be notified by the Successful bidder/Contract Professional. Successful bidder/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self - insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under BID NO. B1500029 Page 10 this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder/Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Employers Liability) Statutory $500,000 $500,000 $500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, explosions, collapse and underground hazard, BID NO. B1500029 Page 11 personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, liability assumed under an insured contract (including defense costs assumed under contract, designated construction projects(s) general aggregate limit, ISO CG 2503 or equivalent additional insured —owners, lessees or successful bidders endorsement, ISO Form 2010 or equivalent, additional insured —owners, lessees or successful bidders endorsement, ISO CG 2037 or equivalent, the policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Successful bidder, including completed operations" and the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury $50,000 any one fire; and $5,000 Medical payments one person Automobile Liability: Successful bidder/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Additional Provisions: Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: i. If any aggregate limit is reduce by twenty-five percent (25%) or more by paid or reserved claims, Successful bidder shall notify County within ten (10) days and reinstate the aggregates required; ii. Unlimited defense costs in excess of policy limits; iii. Contractual liability covering the indemnification provisions of this Agreement; iv. A severability of interests provision; v. Waiver of exclusion for lawsuits by one insured against another; vi. A provision that coverage is primary; and vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by County. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. Successful bidders/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. BID NO. B1500029 Page 12 Proof of Insurance: County reserves the right to require the successful bidder/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Successful bidder/Contract Professional. Successful bidder/Contract Professional shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. BID NO. B1500029 Page 13 NOTICE TO BIDDERS The proposal guaranty shall be a certified check, cashier's check, or bid bond in the amount of 5 percent (5%) of the Contractor's total bid. Pursuant to subsections 102.04 and 102.05, it is recommended that bidders on this project review the work site and plan details. Information regarding the project may be obtained from the following authorized representatives:. Clay Kimmi, P.E. Project Manager Weld County Public Works Department 1111 H Street Greeley, CO 80632 Office Phone: 970-304-6496, ext. 3741 Josh Holbrook, Inspections Supervisor Weld County Public Works Department 1111 H Street Greeley, CO 80632 Office Phone: 970-304-6496, ext. 3734 The above referenced individuals are the only representatives with authority to provide any information, clarification, or interpretation regarding the plans, specifications, and any other contract documents or requirements. BID NO. B1S00029 Page 49 COMMENCEMENT AND COMPLETION OF WORK The Contractor shall be available to commence the work required by the Contract Documents within 10 calendar days after date of the "Notice to Proceed". This contract is for erosion and vegetation services on a project by project need for a term of one (1) year of date shown on "Notice to Proceed" and the Agreement may be extended for additional one-year periods, not to exceed two (2) additional one-year periods, upon mutual written agreement of the parties as described in the contract documents. BID NO. B1500029 Page 50 1 REVISION OF SECTION 101 DEFINITION OF TERMS Technical Specifications related to construction materials and methods for the work required under this contract shall consist of the "Colorado Department of Transportation, Standard Specifications for Road and Bridge Construction" dated 2011. Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have different meanings within the scope of this Contract. A summary of redefinitions follows: Subsection 101.28: "Department" shall mean the Weld County Public Works Department. Subsection 101.29: "Chief Engineer" shall mean the Weld County Public Works Director or designated representative. Subsection 101.37: "Inspector" shall mean an employee designated as such by the Weld County Public Works Department. Subsection 101.58: "Region Transportation Director" shall mean Weld County Public Works Director or designated representative. Subsection 101.76: "State" shall mean Weld County. All references to State, CDOT and the Department of Transportation shall be defined as Weld County acting directly on or through its duly authorized representative or agent. END OF SECTION BID NO. B1500029 Page 51 1 REVISION OF SECTION 105 CLAIMS FOR CONTRACT ADJUSTMENT Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.21 shall be revised as follows: The Colorado Department of Transportation (CDOT) will not participate in the resolution process for any claims filed by the Contractor. Weld County will be the responsible party to such claims. END OF SECTION BID NO. B1500029 Page 52 1 REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC Section 107 of the Standard Specifications is hereby revised for the project as follows: Subsection 107.06 shall be revised to include the following: The Contractor and any subcontractor shall not require any laborer or mechanic employed in performance of the Contract to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety, as determined under construction safety and health standards (Rules and Regulations of the Federal Occupational Safety and Health Act of 1970 (OSHA) and as amended). All facilities and work conditions shall comply with the Colorado and Local Health Department Regulations and with OSHA requirements. Subsection 107.17 — Delete the third paragraph beginning with "Loss, injury, or damage to the work..." and replace with the following: Loss, injury, or damage to the work due to unforeseeable causes beyond the control of and without fault or negligence of the Contractor, including buy not restricted to acts of God, such as flood, earthquake, tornado, or other cataclysmic phenomenon or nature shall be restored by the Contractor at no cost to the County. Subsection 107.17 shall be revised to include the following: The Contractor shall assess and understand the risk of working within a waterway. Such risks include but are not limited to: floods, high groundwater, and fluctuation in flows. The Contractor shall be responsible for constructing and maintaining all temporary facilities within the waterway such as cofferdams and diversion of channel flows. Such work shall be paid under "Water Control and Dewatering". Subsection 107.18 shall be revised to include the following: For this project the insurance certificates shall name Weld County (Weld) and the State of Colorado as additionally insured parties. Subsection 107.19 shall be revised to include the following: The Contractor shall be required to obtain permission to conduct any work, store materials or stockpiles, or park any construction equipment or vehicles on private property. The Contractor shall conduct their work within the right-of-way and easement boundaries shown on the Contract Drawings. Subsection 107.25 — The Contractors attention is directed to this subsection. The requirements as called out in this subsection will be strictly enforced. END OF SECTION BID NO. B1500029 Page 53 1 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.02 Notice to Proceed. Delete in its entirety. Subsection 108.07 Determination and Extension of Contract Time. Delete the second paragraph beginning with: "The Contractor shall not ...." END OF SECTION BID NO. B1500029 Page 54 1 REVISION OF SECTION 109 MEASUREMENT AND PAYMENT Section 109 of the Standard Specifications is hereby revised for the project as follows: Subsection 109.06 — Delete subsections 109.06(a) and (b) Subsection 109.07 — Payment for Materials on Hand (Stockpiled Material). Delete and replace with the following: Partial monthly payments to the Contractor for completed work will include payment only for materials actually incorporated in the work unless otherwise approved by Weld County END OF SECTION BID NO. B1500029 Page 55 1 REVISION OF SECTION 201 CLEARING AND GRUBBING Subsection 201.01 — Add the following sentence to the end of the first paragraph: "Clearing and grubbing also includes the removal and replacement of fencing, signs and delineators (if required), the removal of excess soil (if required), and the minor grading of slopes to establish a smooth surface on which to complete the required work." END OF SECTION BID NO. B1500029 Page 56 1 REVISION OF SECTION 202 REMOVAL AND MAINTENANCE OF EROSION LOGS (12 INCH)(10 FOOT), EROSION BALES, SILT FENCE AND SEDIMENT BASINS (L= 20 FOOT, W= 5 FOOT, D= 2 FOOT) Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection 202.01 the first paragraph shall include the following: This work consists of the removal and maintenance of erosion logs (12 inch)(10 foot), erosion bales, silt fence and sediment basins (L= 20 foot, W= 5 foot, D= 2 foot). Subsection 202.02 General shall include the following: Removal of erosion logs (12 inch)(10 foot), erosion bales, silt fence and sediment basins (L= 20 foot, W= 5 foot, D= 2 foot) shall be removed as directed in the Work Order. The Contractor shall properly remove the items from the site and dispose in a proper manner and the ground raked or groomed to match the surrounding ground surface Maintenance of erosion logs (12 inch)(10 foot), erosion bales, silt fence and sediment basins (L= 20 foot, W= 5 foot, D= 2 foot) shall be maintain as directed in the Work Order. The Contractor shall properly restake, reset, or remove damaged or deteriorated materials and replace with new. Removed items shall be removed for the site and disposed of in proper manner. 202.12 BASIS OF PAYMENT Subsection 202.12 shall include the following: Payment will be made under: Pay Item Pay Unit Removal and Maintenance of Erosion Log (12 Inch)(10 Foot) Each Removal and Maintenance of Erosion Log (12 Inch)(20 Foot) Each Removal and Maintenance of Erosion Bales Each Removal and Maintenance of Silt Fence LF Removal and Maintenance of Sediment Basin (L= 20 Foot, W= 5 Foot, D= 2 Foot) Each Payment for placement with new items will be paid for under the work for those items. Payment for labor, materials (stakes, etc.) and equipment need to perform the above work will not be paid for separately but shall be included in the unit cost of the work. END OF SECTION BID NO. B1500029 Page 57 1 REVISION OF SECTION 207 TOPSOIL Section 207 of the Standard Specifications is hereby revised for this project as follows: Subsection 207.01 shall include the following: This work includes imported or onsite topsoil that is to be placed in the disturbed area within the project limits that are to receive sod native seed. Section 207.02 (a) shall be added: Hydraulic Growth Mediums (HGMs) are composed from a combination of thermally and mechanically processed straw and flexible flax fibers; sphagnum peat moss or certified compost and other organic growth enhancing additives. The HGMs require no curing time, provides exceptional seedling germination and plant establishment, assist in soil building, and provides erosion control. The HGMs shall be based on their composition for different soil building, vegetation establishment and erosion control characteristics. All materials shall be prepackaged and at no time shall it be allowed for onsite mixing of fiber materials. HGM shall be utilized at the direction of Weld County as a substitute for topsoil. A hydraulically -applied matrix containing a two part system composed of: 1. An organic fiber material component consisting of a combination of thermally and mechanically processed straw, flexible flax fibers, a minimum of 30% sphagnum peat moss or compost; and other growth enhancing additives which is a substance on or in which plants can be grown. 2. A soil chemistry and stabilizer material containing both long chain and cross -linking molecules in conjunction with a hydrocolloid based bonding agent. The HGM shall be used to provide a substance on or in which plants can be grown, for seed germination, plant growth/establishment and soil -building characteristics in conditions of marginal or extremely poor soils where there is minimal to no organic matter present. HGMs are typically applied at a minimum rate of 3,500 pounds per acre with 35-70 pounds per acre of the soil chemistry materials (See Table 207-1). Special application rate considerations are required depending on environmental and soil conditions along with erosion potential on the site. Organic Fiber Materials - At no time will field mixing of organic fiber materials be allowed. Biotic Earth HGM Black - shall be 40% by volume of thermally and mechanically processed straw, flexible flax fibers; 58% by volume of sphagnum peat moss or compost, 2% by volume of addition materials that provides plant derived valuable trace minerals, sugars, starches, proteins, fiber and 16 amino acids including folic acid, vitamin A, and tricontanol growth stimulant/regulator; and mycorrhiza inoculants. Type 2 material is for use on areas where <3% organic material is present or the soil has not supported growth in the last 18 months. Soil Chemistry Materials Soil chemistry and stabilizer shall be a composition of materials made from long chain polymer and cross -linking molecules in conjunction with a hydrocolloid vegetable gum based bonding agent to provide effective soil structure stabilization, water infiltration, and most importantly to adhere mulch to BID NO. B1500029 Page 58 2 REVISION OF SECTION 207 TOPSOIL the soil surface. SUBMITTALS A. Product Data: Manufacturer or representative shall submit Application Rates Guide, Installation and Mixing Instructions, and Product Specifications. B. Certifications: Manufacturer or representative shall submit a letter of certification that the products meets or exceeds all material composition requirements, laboratory testing properties, and product packaging requirements. Certification shall detail that the straw or fiber was processed at over 160 degrees Fahrenheit to ensure material is weed free. DELIVERY, STORAGE, AND HANDLING All materials shall be delivered in ultraviolet and weather resistant factory labeled packages. Material shall be store in a cool dry place away from open flames ensuring strict adherence to manufacturer recommendations. PLANT ESTABLISHMENT ENDURANCE Functional longevity observed for plant establishment Biotic Earth HGM — Black HGM for use in areas where there are extremely poor soils for vegetative growth and/or exposed sub soils and vegetation establishment will take up to 12 months and moderate erosive forces. COMPOSITION All components of the HGM shall be pre-packaged by the Manufacturer to assure material performance and in compliance with the following values. At no time will field mixing of fibers be allowed. Biotic Earth - HGM Black Composition 40% by volume of thermally and mechanically processed straw and flexible flax fibers (FFF) 57% by volume of professional grade sphagnum peat moss 1.26% by volume other valuable trace minerals, sugars, starches, proteins, fiber and 16 amino acids including folic acid, vitamin A, triaconnatol and triacontanol growth stimulants/regulators. <1% by volume fungal mycorrhizae and plant beneficial bacteria Rates Table 207.1 Product Parent Soil Organic Content Recommended Application Rate lbs/acre (kg/ha) HGM Black <1% 4500 (5000) <2% 3500 (3900) <3% 3000 (3400) Soil Chemistry Soil Type Rate Recommendation Earthbound 2000 Sand 351bs per acre Slopes >3:1 Clay 701bs per acre Earthbound Scientific Sand 701bs per acre Slopes <3:1 Clay 1401bs per acre BID NO. B1500029 Page 59 3 REVISION OF SECTION 207 TOPSOIL INSTALLATION A. Strictly comply with manufacturer's installation instructions and recommendations. B. Mixing: 1. Fill hydro -seeder tank with water to a level where the paddles are 1/4 covered and may be activated. 2. Activate the mechanical agitation system. 3. Prime pump and any discharge hoses before adding any HGMs. 4. Add the appropriate amount and type of soil stabilizer and tackifier as recommended for the site specific application. Allow soil stabilizer and tackifier and water to mix for 5 minutes prior to adding HGMs. Please see manufacturer application rate chart for amounts of specific Soil Stabilizer & Tackifier and HGMs. 5. Continue filling tank with water to approximately 3/4 full and begin adding bags of HGMs. 6. All quantity of HGMs should be added before the water level reaches 85% of the tanks capacity. 7. Add seed and/or other amendments to slurry as required. 8. Completely fill tank with water and allow slurry to mix for a minimum of 5 minutes or until all HGMs are mixed into a consistent slurry. C. Application: 1. Prior to application and mixing of the HGM it is recommended that the site be measured and marked to known areas to ensure appropriate seed, amendment, and HGMs application rates. 2. Bring hydro -seeder to appropriate operating speed and agitator speed for slurry application. 3. Apply in a consistent and even manner across soil surface. 4. Apply from opposite directions to ensure the highest level of coverage, effectiveness, and performance. 5. If you need to stop spraying at anytime, close the spray nozzle at the end of the hose to avoid water draining from the hose. If you are using a tower applicator, stop normally and upon restart remove the spray tip, discharge a small amount of HGMs, replace the tip and return to applying the product. 6. Tillage of HGM into subsoil strictly not recommended in any situation. HGMs can be used in channels, swales or other concentrated flow areas when used in conjunction with a rolled erosion control product. On slopes or areas of sheet flow, EcoMatrix (3,000 lbs/ac) can be applied over top Biotic Earth. CLEANING Clean equipment per the equipment manufacturer's recommendations. Subsection 207.02(b) shall be added: The source of topsoil for this project is undesignated. Topsoil can be salvaged from the project site or imported. Imported topsoil shall be approved by the County before use. The Contractor shall submit a 1 pound sample of the product four (4) weeks before its use on the project site for the County's approval. A Certificate of Compliance shall be provided to the County to verify the organic matter content, pH and carbon matter to nitrogen ratio. Soil tests shall be method of Soil Analysis used at the Colorado State University Soil Testing Laboratory. BID NO. B1500029 Page 60 4 REVISION OF SECTION 207 TOPSOIL Topsoil salvaged from the project site must be amended / conditioned to meet the requirements of this specification The topsoil shall have an acidic reaction of 6.0 to 7.5 pH and shall contain between 1 and 4 percent well composted organic matter. Any organic amendments shall include the following: An organic product containing a mixture of well-rotted/composted cow or sheep manure and or composted aspen humus or wood residue or approved equal (sphagnum or native mountain peat is not acceptable). Organic product that has been aerobically and naturally processed in such a manner as to maintain a consistent temperature of 140 degrees Fahrenheit 60 degrees Celsius or greater for a period of time that is long enough to accomplish the following specifications: 1) The windrows of composted organic amendment (cow or sheep manure) have to be composted for 70 to 90 days. Certification must be provided to prove the product has gone through this process. 2) Eradicate harmful pathogens including coliform bacteria. 3) Free from noxious weeds or their seeds or any plant, root or seeds that would be toxic or harmful to growth. 4) Create a carbon to nitrogen ratio of no less than 15/1 to 25/1. 5) Contain no solid particle greater than 13 mm 1/21 in diameter. 6) Have a non -offensive smell similar to fresh turned soil. 7) Contain no significant level of dirt or soil and contain a maximum of 30% composted wood residue (pine or aspen wood) (saw dust is unacceptable). 8) The pH after composting shall be between 5.0 and 7.5 with an organic matter content of not less than 30%. 9) Soluble salts shall not be greater than 3mmhos/cm. Topsoil shall contain the following minimum ammonium DTPA (chelate) extractable nutrients (this is the extracting solution used by CSU Soil Testing Laboratory). Nitrogen 5 ppm Air dried Basis Phosphorus 5 ppm Potassium 30 ppm Iron (Fe) 5 ppm Topsoil shall not include any minerals or elements detrimental to plant growth. Soluble salts measured in saturation extract shall be less than 3 mmhos/cm. Subsection 207.04 replace the last paragraph with the following: Imported Topsoil and Topsoil salvaged from the roadways that meets the requirements of Section 207 will be measured by the cubic yard. The volume of Topsoil will be determined by measuring the area in which the Topsoil is placed and multiplying the area by 0.33 feet. BID NO. B1500029 Page 61 5 REVISION OF SECTION 207 TOPSOIL Subsection 207.04 shall include the following: The addition of manure or soil amendments needed to bring the topsoil into conformance with the specifications will not be measured and paid for separately, but shall be included in the work. Stockpile topsoil activities shall be included in the price of the work. Soil analysis shall not be paid for separately, but shall be included in the cost of the work. Subsection 207.05 shall include the following: Payment for Topsoil shall include imported Topsoil and Topsoil salvaged from the roadways and placed in stockpiles or windrows, and subsequently placed upon completed cut and fills slopes. Salvaged Topsoil shall meet the requirements of this specification. All materials and work required to amend salvaged Topsoil so that it meets the requirements of Section 207 shall be included in the unit price bid for Topsoil. All work required for Topsoil shall be included in the unit price bid. Payment will be made under: Pay Item Pay Unit Topsoil (4" thick) Biotic Earth — HGM Black END OF SECTION Cubic Yard Square Yard BID NO. B1500029 Page 62 1 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING Section 212 of the Standard Specifications is hereby revised for this project as follows: In Subsection 212.02 delete second paragraph beginning with "Seed types..." and replace with: SEEDING Mycorrhiza shall be added to the seed mix at time of seeding as a seed coating. The rate will be at two (2) pounds per acre of seed. Unless specified otherwise. The Contractor will supply the Project Manager with information on the source and type of Mycorrhiza being used. Cost to add Myconhiza shall be included in bid unit price of the placement. SEED MIXTURE (ROADWAYS NORTH OF CR 74 Common Name Pounds PLS/Acre Buffalo Grass (Texoka, Sharps Improved) 1.50 Little Bluestem (Blaze, Cimarron, Camper) 1.50 Sideoats Grama (Vaughn, Butte, Niner, El Reno, Haskell) 2.00 Blue Grama (Hachital, Lovington) 3.50 Western wheatgrass (Arriba, Barton, Rosana) 3.00 Switchgrass (Nebraska 28, Blackwell) 1.50 Perennial Ryegrass (Calibra or Garibaldi tetraploid) 0.75 Sand dropseed 0.25 Total 14.00 SEED MIXTURE (ROADWAYS SOUTH OF CR 74 Common Name Pounds PLS/Acre Western wheatgrass (Arriba, Barton, Rosana) 2.50 Blue Grama (Hachital, Lovington) 1.50 Sideoats Grama (Vaughn, Butte, Niner, El Reno, Haskell) 2.25 Smooth Brome (Lincoln, Manchar) 2.00 Sand dropseed 0.25 Perennial Ryegrass (Calibra or Garibaldi tetraploid) 0.75 Slender Wheatgrass (Pryor, Revenue, or San Luis) 2.50 Alkaligrass (Fults II, Salt on Sea) 1.25 Switchgrass (Nebraska 28, Blackwell) 1.50 Total 14.00 BID NO. B1500029 Page 63 2 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING SEED MIXTURE (KOSKIE, LEHR, PIERCE NORTH, ASHBAUGH, FISCUS NORTH, AND GEISERT GRAVEL PITS Common Name Pounds PLS/Acre Buffalo Grass (Texoka, Sharps Improved) 4.50 Little Bluestem (Blaze, Cimarron, Camper) 1.00 Sideoats Grama (Vaughn, Butte, Niner, El Reno, Haskell) 2.00 Blue Grama (Hachital, Lovington) 3.00 Green Needlegrass 1.00 Western wheatgrass (Arriba, Barton, Rosana) 1.50 Switchgrass (Nebraska 28, Blackwell) 1.00 Total 14.00 SEED MIXTURE (PIERCE GRAVEL PIT Common Name Pounds PLS/Acre Switchgrass (Nebraska 28, Blackwell, Grenville, Pathfiner) 2.50 Yellow Indiangrass (Llano, Holt, Cheyenne, Oto) 1.00 Prairie Cordgrass 1.00 Sideoats Grama (Vaughn, Butte, Niner, El Reno, Haskell) 2.00 Western wheatgrass (Arriba, Barton, Rosana) 2.75 Smooth Brome 2.50 Streambank Wheatgrass 1.50 Blue Grama (Hachital, Lovington) 1.50 Sand Dropseed 0.25 Total 15.00 SEED MIXTURE (KOENIG, BEARSON, AND HOKESTRA GRAVEL PITS Common Name Pounds PLS/Acre Western wheatgrass (Arriba, Barton, Rosana) 6.00 Smooth Brome (Lincoln, Manchar) 2.00 Sideoats Grama (Vaughn, Butte, Niner, El Reno, Haskell) 2.00 Blue Grama (Hachital, Lovington) 3.00 Switchgrass (Nebraska 28, Blackwell) 1.00 Total 14.00 Sterile Wheat will be added to the Seed Mixtures as a nurse crop if requested by Weld County. The cost to complete this will be included in the 212 Seeding (Nurse Crop) line item. The seed mixture price plus the nurse crop price with used for the total seed mixture price. Seeding rates shall be doubled when placed by Hydraulic Seeding, cost include in the unit bid price for the placement. Native grass seeding shall be done using a Native Grass Drill. The sterile wheat shall be done using a Grain Drill. In subsection 212.03 delete the seeding seasons table and replace it with the following: BID NO. B1500029 Page 64 3 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING Zone Spring Seeding Fall Seeding Below 6000' April 1st or thaw to May 15th November 1st to December 15th or until consistent ground freeze Section 212.06 shall be modified to include the following: Soil Preparation and Seeding: Soil in all areas to receive native seed shall be fertilized and conditioned. For soil preparation of native grass areas, the fertilizer shall be a complete starter fertilizer having the chemical analysis of Richlawn (8% Nitrogen, 2% Phosphoric Acid, and 1% Potassium) or approved equivalent. Fertilizer shall be scarified and turned under the area designated to be seeded to a depth of four inches (4") to free seeds and other plants. Apply the specific fertilizer in the native grass area at the rate of five (5) pounds per one thousand (1,000) square feet and work it into the soil to a depth of four inches (4") with a disc, spring tooth harrow or other suitable equipment. A soil test shall be performed if fertilizers in excess of five (5) pounds per one thousand (1,000) square feet are used. Subsection 212.07 shall be revised as the following: No separate measurement and payment will be made for fine grading or fertilizer for native seeding. This work shall be included in the Unit Price bid for native seeding. The unit price paid for native seeding shall include all of the Contractor's costs including all labor, material, equipment and incidentals required to install seed, mulch and mulch tackifier. END OF SECTION BID NO. B1500029 Page 65 1 REVISION OF SECTION 213 MULCHING Section 213 of the Standard Specifications is hereby revised for this project as follows: In subsection 213.04, Delete the second paragraph and replace with the following: The quantity of hydro -mulch and tackifier will not be measured separately, but will be included in the measurement for seeding. In subsection 213.05, Add the following: Mulching (Hydro -mulch with Tackifier) shall be considered incidental to seeding (native). END OF SECTION BID NO. B1500029 Page 66 1 REVISION OF SECTION 216 SOIL RETENTION COVERING Section 216 of the Standard Specifications is hereby revised for this project as follows: 216.01 DESCRIPTION Subsection 216.01 is hereby revised to include the following: This work consists of furnishing. preparing, applying, placing, and securing turf reinforcement mats and other bioengineering and bank stabilization techniques for erosion control on slopes as designated in the Work Order or as directed. This work shall also include site preparation to proper depth, placement of native soil over the turf reinforcement mat as recommended by the TRM manufacturer or as directed by Weld County. When Soil Retention Blankets (bio-degradable) are required the work will be paid for separately per Section 216 Soil Retention Blanket (straw/coconut). MATERIALS Subsection 216.02 (b) is hereby revised to include the following: Turf Reinforcement Mat shall be Class 2 or Class 3 as identified by the County. Class 2 Turf Reinforcement Mat shall be Lanklok 450 or approved equivalent. Class 3 Turf Reinforcement Mat shall be Landlok 300, Pyramat, or approved equivalent as specified by the County. The installation of the Turf Reinforcement Mat shall be in strict accordance with the manufacturer's recommendations and detail proved on page 94. When requested by Weld County samples of the Turf Reinforcement Mat shall be submitted in advance of its use on the project for approval. When requested by Weld County the manufacturer's representative shall be present during the initial installation of Turf Reinforcement Mat and approve all processes and procedures being used. Costs associated with this shall not be paid for separately but shall be included in the work. Subsection 216.02 (c) is hereby revised to include the following: Staples/Pins: Staples and/or pins for Turf Reinforcement Mat shall be in strict accordance to the manufacturer's installation guidelines. Samples of staples and stakes shall be submitted in advance of its use on the project for approval by Weld County. END OF SECTION BID NO. B1500029 Page 67 1 REVISION OF SECTION 626 MOBILIZATION Section 626 of the Specifications is hereby revised for this project as follows: Subsection 626.01 BASIS OF PAYMENT shall be deleted in its entirety and replaced with: 626.02 Payment for mobilization will be made per the "Items" of work shown in the Work Order. Mobilization (Item 202) will be paid for once for any or all mobilizations required by the Work Order requiring any or all of the items shown with Item 202; Mobilization (Item 208) will be paid for once for any or all mobilizations required by the Work Order requiring any or all of the items shown with Item 208; Mobilization (Item 212 and 213) will be paid for once for any or all mobilizations required by the Work Order requiring any or all of the items shown with Item 212 and 213; Mobilization (Item 216) will be paid for once for any or all mobilizations required by the Work Order requiring any or all of the items shown with Item 216. Payment will be made under: Pay Item Pay Unit Mobilization (Item 202)(North/South) Each Mobilization (Item 208)(North/South) Each Mobilization (Item 212 and 213) (North/South) Each Mobilization (Item 216) (North/South) Each END OF SECTION BID NO. B1500029 Page 68 1 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised for this project as follows: Traffic Control — Signs Only shall include all signage, traffic control inspection, and traffic control management required for the project. (MUTCD TA -6) Traffic Control — Lane Closure shall include all signage, flaggers, traffic control inspection, and traffic control management required for the project. (MUTCD TA -10) Subsection 630.01 shall include the following: The Contractor shall submit a traffic control plan to the County for review and approval prior to construction. The plan shall address all phases of construction. The Contractor shall take all necessary measures to maintain a normal flow of vehicular and pedestrian traffic to prevent accidents and to protect the work throughout the entire project. The Contractor shall make the necessary arrangements to reroute traffic, provide and maintain barriers, cones, guards, barricades, and construction warning and regulatory signs. Detours, street closures, and driveway closures which are required for the protection of the traveling public during construction of this project are included within the scope of traffic control and shall not be paid for separately. It shall be the Contractor's responsibility to maintain roadway traffic safety, adequately, and continuously on all portions of existing roads and cross roads affected by this work. The Contractor shall maintain that portion of the existing roadway being used to carry traffic so that traffic may readily pass over it, including provisions of any requiring temporary pavement markings. Placement and removal of temporary striping shall not be paid for separately but shall be included in the work for Traffic Control. If it becomes necessary to properly move traffic through the construction area, flaggers shall be posted to slow down and reroute traffic. Flaggers are required when workers or equipment intermittently block a traffic lane. Flaggers shall be wearing Class 3 high visibility safety apparel and shall be equipped with a sign paddle. Subsection 630.18 shall be revised to include the following: Pay Item Pay Unit Lane Closure Day Signs Only Day END SECTION BID NO. B1500029 Page 69 TRAFFIC CONTROL PLAN - GENERAL Special Traffic Control Plan requirements for this project are as follows: Subsection 104.04 and Section 630 of the CDOT specifications. Standard Plan S-630-1, Traffic Controls for Highway Construction, and Standard Plan S-630-2. Prior to commencing work at site, the Contractor shall review the traffic control setup with the Construction Inspector, and receive verbal approval to proceed with construction. The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time, unless directed. The Contractor and his subcontractors shall equip their construction vehicles with flashing amber lights. Flashing amber lights on vehicles shall be visible from all directions. The Contractor shall be responsible for providing all required traffic control devices necessary to construct the project in accordance with the guidelines set forth within the most recent version of the Manual on Uniform Traffic Control Devices, and the CDOT M&S Standards. All costs incidental to the foregoing requirements shall be included in the original contract prices for the project. There shall be no individual payment for a Traffic Control Supervisor or Traffic Control Inspector, but the work shall be included in the project. Resetting, repairing, or replacing Traffic Control Devices is considered maintenance of the devices. Cleaning and maintenance of Traffic Control Devices shall not be paid for separately, but shall be included in the work. BID NO. B1500029 Page 70 FORCE ACCOUNT ITEMS DESCRIPTION This special provision contains the Department's estimate for force account items included in the Contract. The estimated amounts marked with an asterisk will be added to the total bid to determine the amount of the performance and payment bonds. Force Account work shall be performed as directed by Weld County. BASIS OF PAYMENT Payment will be made in accordance with subsection 109.04. Payment will constitute full compensation for all work necessary to complete the item. F/A Minor Contract Adjustments — This work consists of minor work authorized and approved by Weld County, which is not included in the contract drawings or specifications, does not already have an existing unit price bid item, and is necessary to accomplish the scope of work for this contract. The Force Account may be used for such unforeseen items which may be needed for the project. END OF SECTION BID NO. B1500029 Page 71 UTILITIES COORDINATION The work described in these plans and specifications requires coordination between the Contractor and the utility companies in accordance with subsection 105.10 in conducting their respective operations as necessary to complete the utility work with minimum delay to the project. The known utilities are shown on the Contract Drawings. However, additional unknown utilities may exist within the project limits, and the location of known utilities is estimated and the accuracy of shown utility locations is not guaranteed. The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements") when excavation or grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at least two (2) business days, not including the day of notification, prior to commencing such operations. The Contractor shall contact the Utility Notification Center of Colorado (UNCC) at 1-800-922-1987 to have locations of UNCC registered lines marked by member companies. All other underground facilities shall be located by contacting the respective company. Utility service laterals shall also be located prior to beginning excavating or grading. BASIS OF PAYMENT All costs incidental to the foregoing requirements will not be paid for separately but shall be included in the work. No monetary compensation will be made to the Contractor for delays or any other issues related to utility conflicts. END OF SECTION BID NO. B1500029 Page 72 STANDARD SPECIAL PROVISIONS Date No of Pages Revision of Section 106 — Certificates of Compliance and Certified Test Reports February 3, 2011 1 Revision of Section 106 — Suppliers List January 30, 2014 1 Revision of Section 108 — Notice to Proceed July 31, 2014 1 Revision of Section 109 — Prompt Payment January 31, 2013 1 Revision of Section 208 — Erosion Log January 31, 2013 1 Revision of Section 212 — Seed April 26, 2012 1 Revision of Section 213 — Mulching January 31, 2013 4 Revision of Section 216 — Soil Retention Covering January 30, 2014 6 Revision of Section 630 — Construction Zone Traffic Control February 17, 2012 1 BID NO. B1500029 Page 73 February 3, 2011 1 REVISION OF SECTION 106 CERTIFICATES OF COMPLIANCE AND CERTIFIED TEST REPORTS Section 106 of the Standard Specifications is hereby revised for this project as follows: In subsection 106.12, delete the second paragraph and replace it with the following: The original Certificate of Compliance shall include the Contractor's original signature as directed above. The original signature (including corporate title) on the Certificate of Compliance, under penalty of perjury, shall be of a person having legal authority to act for the manufacturer. It shall state that the product or assembly to be incorporated into the project has been sampled and passed all specified tests in conformity to the plans and specifications for this project. One legible copy of the fully signed Certificate of Compliance shall be furnished to Weld County prior to installation of material. The original shall be provided to Weld County before payment for the represented item will be made. In subsection 106.13, delete the second paragraph and replace it with the following: The Certified Test Report shall be a legible copy or an original document and shall include the Contractor's original signature as directed above. The signature (including corporate title) on the Certified Test Report, under penalty of perjury, shall be of a person having legal authority to act for the manufacturer or the independent testing laboratory. It shall state that the test results show that the product or assembly to be incorporated into the project has been sampled and passed all specified tests in conformity to the plans and specifications for this project. One legible copy or original document of the fully signed Certified Test Report shall be furnished to Weld County prior to installation of material. Failure to comply may result in delays to the project or rejection of the materials. BID NO. B1500029 Page 74 January 30, 2014 1 REVISION OF SECTION 106 SUPPLIER LIST Section 106 of the Standard Specifications is hereby revised for this project as follows: Subsection 106.01 shall include the following: Prior to beginning any work the Contractor shall submit to Weld County a completed Form 1425, Supplier List. During the performance of the Contract, the Contractor shall submit an updated Form 1425 when requested by Weld County. Failure to comply with the requirements of this subsection shall be grounds for withholding of progress payments. BID NO. B1500029 Page 75 July 31, 2014 1 REVISION OF SECTION 108 NOTICE TO PROCEED Section 108 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 108.02 and replace with the following: 108.02 Notice to Proceed. The Contractor shall not commence work prior to the issuance of a Notice to Proceed. The "Notice to Proceed" will stipulate the date on which contract time commences. When the Contractor proceeds with work prior to that date, contract time will commence on the date work actually begins. The Contractor shall commence work under the Contract on or prior to the 15th day following Contract execution or the 30th day following the date of award, whichever comes later, or in accordance with the selected start date allowed in the special provisions. BID NO. B1500029 Page 76 January 31, 2013 1 REVISION OF SECTION 109 PROMPT PAYMENT Section 109 of the Standard Specifications is hereby revised to include the following: Subsection 109.06 (e) shall include the following: The Contractor shall submit the Form 1418, Monthly Payment Report, along with the project schedule updates, in accordance with subsections 108.03 (b) or 108.03 (c) (3). Failure to submit a complete and accurate Form 1418 shall be grounds for CDOT to withhold subsequent payments or retainage to the Contractor. BID NO. B1500029 Page 77 January 31, 2013 1 REVISION OF SECTION 208 EROSION LOG Section 208 of the Standard Specifications is hereby revised for this project as follows: In subsection 208.02, delete (h) and replace with the following: (h) Erosion log. Shall be one of the following types unless otherwise shown on the plans: (1) Erosion Log (Type 1) shall be curled aspen wood excelsior with a consistent width of fibers evenly distributed throughout the log. The casing shall be seamless, photo -degradable tube netting and shall have minimum dimensions as shown in Table 208-1, based on the diameter of the log called for on the plans. The curled aspen wood excelsior shall be fungus free, resin free, and free of growth or germination inhibiting substances. (2) Erosion Log (Type 2) shall consist of a blend of 30-40 percent weed free compost and 60-70 percent wood chips. The compost/wood blend material shall pass a 50 mm (2 inch) sieve with a minimum of 70 percent retained on the 9.5 mm (3/8 inch) sieve and comply to subsection 212.02 for the remaining compost physical properties. The compost/wood chip blend may be pneumatically shot into a geotextile cylindrical bag or be pre -manufactured. The geotextile bag shall consist of material with openings of 3/8 inches of HDPE mesh, and contain the compost/wood chip material while not limiting water infiltration. Erosion log (Type 1 and Type 2) shall have minimum dimensions as shown in Table 208-1, based on the diameter of the log. Table 208-1 NOMINAL DIMENSIONS OF EROSION LOGS Diameter Length (feet) Weight (minimum) (pounds/foot) Stake Dimensions (Inches) Min. Max. 9 inch 10 180 1.6 1.5 by 1.5 (nominal) by 18 12 inch 10 180 2.5 1.5 by 1.5(nominal) by 24 20 inch 10 100 4.0 2 by 2 (nominal) by 30 Stakes to secure erosion logs shall consist of pinewood or hardwood. Subsection 208.11 shall include the following: All BMPs measured by the linear foot shall be determined along the centerline of the BMP. Measured length will not include required overlap. BID NO. B1500029 Page 78 April 26, 2012 1 REVISION OF SECTION 212 SEED Section 212 of the Standard Specifications is hereby revised for this project as follows: In subsection 212.02 (a), delete the first paragraph and replace with the following: (a) Seed. All seed shall be furnished in bags or containers clearly labeled to show the name and address of the supplier, the seed name, the lot number, net weight, origin, the percent of weed seed content, the guaranteed percentage of purity and germination, pounds of pure live seed (PLS) of each seed species, and the total pounds of PLS in the container. All seeds shall be free from noxious weed seeds in accordance with current state and local lists and as indicated in Section 213. The Contractor shall furnish to Weld County a signed statement certifying that the seed is from a lot that has been tested by a recognized laboratory for seed testing within thirteen months prior to the date of seeding. Weld County may obtain seed samples from the seed equipment, furnished bags or containers to test seed for species identification, purity and germination. Seed tested and found to be less than 10 percent of the labeled certified PLS and different than the specified species will not be accepted. Seed which has become wet, moldy, or damaged in transit or in storage will not be accepted. BID NO. B1500029 Page 79 January 31, 2013 1 REVISION OF SECTION 213 MULCHING Section 213 of the Standard Specifications is hereby revised for this project as follows: In subsection 213.01, delete the last paragraph and replace with the following: This work includes furnishing and applying spray -on mulch blanket or bonded fiber matrix on top of rock cuts and slopes after seeding or as temporary stabilization as shown on the plans or as directed by Weld County. In subsection 213.02, delete the eighth paragraph and replace with the following: The hydro -mulch material for hydraulic mulching shall consist of virgin wood fibers manufactured expressly from clean whole wood chips. The chips shall be processed in such a manner as to contain no growth or germination inhibiting factors. Fiber shall not be produced from recycled materials such as sawdust, paper, cardboard, or residue from pulp and paper plants. The wood cellulose fibers of the mulch must maintain uniform suspension in water under agitation. Upon application, the mulch material shall form a blotter like mat covering the ground. This mat shall have the characteristics of moisture absorption and percolation and shall cover and hold seed in contact with the soil. The Contractor shall obtain certifications from suppliers that laboratory and field testing of their product has been accomplished, and that it meets all of the foregoing requirements pertaining to wood cellulose fiber mulch. In subsection 213.02, delete the eleventh paragraph and replace with the following: Material for mulch tackifier shall consist of a free -flowing, noncorrosive powder produced either from the natural plant gum of Plantago Insularis (Desert Indianwheat) or pre -gelatinized 100 percent natural corn starch polymer. The powders shall possess the following properties: Plantago Insularis (Desert Indianwheat): Property (1) pH 1% solution (2) Mucilage content Requirement 6.5 - 8.0 75% min. Pre -gelatinized 100 percent natural corn starch polymer: (1) Organic Nitrogen as protein (2) Ash content (3) Fiber (4) pH 1% solution (5) Size_ (6) Settleable solids Test Method ASTM D7047 5.5-7% 0-2% 4-5% 6.5 — 8.0 100% thru 850 microns (20 mesh) <2% All fibers shall be colored green or yellow with a biodegradable dye. Delete the last paragraph in subsection 213.02 and replace with the following: (a) Spray -on Mulch Blanket. Spray on mulch blanket shall be one of the following, unless otherwise shown on the plans: BID NO. B1500029 Page 80 January 31, 2013 2 REVISION OF SECTION 213 MULCHING (1) Spray -on Mulch Blanket (Type 1) shall be a hydraulically applied matrix containing organic fibers, water soluble cross -linked tackifier, reinforcing natural and/or synthetic interlocking fibers. Mulch Blanket (Type 1) shall conform to the following: Properties Organic Fibers Cross linked Tackifiers Reinforcing Interlocking Fibers Biodegradability Ground Cover @ Application Rate Functional Longevity Cure Time Application Application Rate Requirement 71% Min. 10% +/- 2% Min. 10% +/- 1% Min. 100% 90% Min. 12 Months Min. < 8 hours 3,000 lb /acre Test Method ASTM D 2974 ASTM D 5338 ASTM D 6567 The organic fiber shall not contain lead paint, printing ink, varnish, petroleum products, seed germination inhibitors, or chlorine bleach. The organic fibers and reinforcing interlocking fibers cannot be produced from sawdust, cardboard, paper, or paper by-products. (2) Spray -on Mulch Blanket (Type 2) shall be a hydraulically applied matrix pre-packaged in 50 pound bags containing both a soil and fiber stabilizing compound and thermally processed wood fiber. The sterilized weed -free wood fiber mulch shall be manufactured through a thermo-mechanical defibrating process containing a specific range of fiber lengths averaging 0.25 inches or longer. Mulch Blanket (Type 2) shall meet the following requirements: Property Fiber Retention On 28 -Mesh Screen Moisture Content Organic Matter Ash Content pH At 3% Consistency In Water Sterilized Weed -Free Non -Toxic To Plant Or Animal Life Requirement ≥ 40% 12% ± 2% 99.2% ± 0.2% 0.8% ± 0.2% 4.5-7.0 ± 0.5% Yes Yes Test Method Tyler Ro-Tap Method Total Air Dry Weight Basis Oven Dry Weight Basis Oven Dry Weight Basis The soil and fiber stabilizing compound shall be composed of linear anionic copolymers of acrylamide pre -packed within the bag having a minimum content of 1.0 percent. The compound shall conform to the following: Property Molecular Weight Charge Density Non -Toxic To Plant Or Animal Life Requirement ≥ 12x106 > 25% Yes BID NO. B1500029 Page 81 January 31, 2013 3 REVISION OF SECTION 213 MULCHING (b) Bonded Fiber Matrices (BFM). BFM shall consist of hydraulically -applied matrix with a minimum of 70 percent non-toxic thermally processed or refined long strand organic fibers and water soluble tackifier to provide erosion control and designed to be functional for a minimum of 9 months. BFMs form an erosion -resistant blanket that promotes vegetation and prevents soil erosion. The BFM shall be 100 percent biodegradable. The binder in the BFM should also be biodegradable. Biodegradable BFMs should not be applied immediately before, during, or immediately after rainfall if the soil is saturated. BFM shall conform to the following requirements: Property Ground Cover (%) Bio-degradability (%) Functional Longevity (months) Cure Time (hours) Cross -linked tackifier Requirement 95 100 9 month minimum 24-48 10% minimum Application Application Rate (lbs./Acre) 3000 Test Method ASTM 6567 ASTM 5338 The fibers shall not contain lead paint, printing ink, varnish, petroleum products, seed germination inhibitors, or chlorine bleach. Fiber shall not be produced from sawdust, cardboard, paper, or paper by- products. In subsection 213.03 (b) 2, delete the second paragraph and replace with the following: Application Rate: Apply this as an overspray at the following rate or as approved by Weld County. Powder Fiber Water 200 lbs. /Acre 300 lbs. /Acre 2000 gal. /Acre In subsection 213.03, delete (f) and replace with the following: (f) Spray -on Mulch Blanket. Spray -on Mulch Blanket shall strictly comply with the Manufacturer's mixing recommendations and installation instructions. No chemical additives with the exception of fertilizer, soil pH modifiers, extended -term dyes and bio nutrients will be permitted. Apply Spray -on mulch blanket in a uniform application using a minimum 22 degree arc type nozzle. Apply hydro slurry in two direction (from top of slope down and from toe of the slope up, as well as, be applied at a minimum of two layers). Hydro -mulching vessel shall be filled with water to at least 1/3 capacity (high enough to cover agitators) prior to adding any material. Continue to fill vessel with water and slowly add the fibers while agitators are in motion. Run agitators at 3/4 speed. Continue to mix tank a minimum of 10 minutes prior to application. Co -polymer shall not be used use in channels, swales, or other areas where concentrated flows are anticipated and should not be used on saturated soils that have groundwater seeps. BID NO. B1500029 Page 82 January 31, 2013 4 REVISION OF SECTION 213 MULCHING Subsection 213.03 shall include the following: (g) Bonded Fiber Matrices (BFM). Bonded fiber matrices shall strictly comply with the Manufacturer's mixing recommendations and installation instructions. No chemical additives with the exception of fertilizer, soil pH modifiers, extended -term dyes and bio stimulant materials shall be permitted. BFM shall be applied in a uniform application using a minimum 22 degree arc type nozzle. Apply BFM in two direction (from top of slope down and from toe of the slope up, as well as, be applied at a minimum of two layers. Biodegradable BFMs should not be applied immediately before, during, or immediately after rainfall if the soil is saturated. Product shall not be used use in channels, swales, or other areas where concentrated flows are anticipated and should not be used on saturated soils that have groundwater seeps. Foot traffic, mechanical traffic or grazing shall not be permitted on treated areas until vegetated. Treated areas damaged due to circumstances beyond Contractor's control shall be repaired or re- applied as ordered. Payment for corrective work, when ordered, shall be at contract rates. In subsection 213.04, delete the first paragraph and replace with the following: The quantity of hay and straw mulch, wood chip mulch, wood fiber and, spray -on mulch tackifier, bonded fiber matrix and tackifier will not be measured but shall be the quantity designated in the Contract, except that measurements will be made for revisions requested by Weld County, or for discrepancies of plus or minus five percent of the total quantity designated in the Contract. Measurement for acres will be by slope distances. In subsection 213.04, delete the fourth paragraph and replace with the following: Spray -on Mulch Blanket and Bonded Fiber Matrix will be measured by the acre or by the actual pounds of product applied, as shown on the plans. The area will be calculated on the basis of actual or computed slope measurements. The Contractor shall verify prior to application, weight of spray on mulch blanket and bonded fiber matrix bags for certification of materials and application rate. Subsection 213.05 shall include the following: Payment will be made under: Pay Item Bonded Fiber Matrix Bonded Fiber Matrix Spray on Mulch Blanket Pay Unit Acre Pound Pound Payment for spray -on mulch blanket and bonded fiber matrix will be full compensation for all work and materials necessary to complete this item. BID NO. B1500029 Page 83 January 30, 2014 1 REVISION OF SECTION 216 SOIL RETENTION COVERING Section 216 of the Standard Specifications is hereby deleted for this project and replaced with the following: DESCRIPTION 216.01 This work consists of furnishing, preparing, applying, placing, and securing soil retention blankets and turf reinforcement mats for erosion control on roadway slopes or channels as designated in the Contract. MATERIALS 216.02 Soil retention covering shall be either a soil retention blanket or a turf reinforcement mat as specified in the Contract. It shall be one of the products listed on CDOT's Approved Products List and shall conform to the following: (a) Soil Retention Blanket. Soil retention blanket shall be composed of degradable natural fibers mechanically bound together between two slowly degrading synthetic or natural fiber nettings to form a continuous matrix and shall conform to the requirements of Table 216-1 and 216-2. The blanket shall be of consistent thickness with the fiber evenly distributed over the entire area of the mat. When biodegradable blanket is specified, the thread shall be 100 percent biodegradable; polypropylene thread is not allowed. When photodegradable netting is specified the thread shall be polyester, biodegradable or photodegradable. Blankets and nettings shall be non-toxic to vegetation and shall not inhibit germination of seed. The materials shall not be toxic or injurious to humans. Class 1 blanket shall be an extended term blanket with a typical 24 month functional longevity. Class 2 blanket shall be a long term blanket with a typical 36 month functional longevity. The class of blanket is defined by the physical and performance characteristics. 1. Soil Retention Blanket (Straw -Coconut). Soil Retention Blanket (Straw -Coconut) shall be a machine produced mat consisting of 70 percent agricultural straw and 30 percent coconut fiber. It shall be either biodegradable or photodegradable. When specified lightweight polypropylene netting shall be 1.5 pounds per 1000 square feet; heavyweight netting shall be 2.9 pounds per 1000 square feet. Blankets shall be sewn together on 1.50 inch to 2 inch centers. Netting shall be as follows: When biodegradable netting is specified, the top and bottom netting shall be 100 percent biodegradable organic jute fiber. Netting shall be constructed using a weave unattached at intersections which allows the strands of the net to move independently of each other. When photodegradable netting is specified, the bottom side shall be lightweight polypropylene. The top side shall be heavyweight or lightweight polypropylene. BID NO. B1500029 Page 84 January 30, 2014 2 REVISION OF SECTION 216 SOIL RETENTION COVERING 2. Soil Retention Blanket (Excelsior). Soil Retention Blanket (Excelsior) blanket shall consist of a machine produced mat of 100 percent curled wood excelsior , 80 percent of which shall be 6 inches or longer in fiber length. It shall be either biodegradable or photodegradable. When specified, lightweight polypropylene netting shall be fastened on both sides of the blanket and shall be 1.5 pounds per 1000 square feet. Blankets shall be sewn together at a maximum of 4 inch centers. Netting shall be as follows: When biodegradable netting is specified, the top and bottom netting shall be 100 percent biodegradable organic jute fiber. Netting shall be constructed using a weave unattached at intersections which allows the strands of the net to move independently of each other. When photodegradable netting is specified, the bottom side shall be lightweight polypropylene. The top side shall be heavyweight or lightweight polypropylene. 3. Soil Retention Blanket (Coconut). Soil Retention Blanket (Coconut) shall be a machine produced mat consisting of 100 percent coconut fiber. It shall be either biodegradable or photodegradable. Netting shall be as follows: When biodegradable netting is specified, the top and bottom netting shall be 100 percent biodegradable organic jute fiber. Netting shall be constructed using a weave which is unattached at the intersections, and which allows the strands of the net to move independently of each other. When photodegradable netting is specified, the bottom and top side shall be heavyweight polypropylene. BID NO. B1500029 Page 85 January 30, 2014 3 REVISION OF SECTION 216 SOIL RETENTION COVERING Table 216-1 PHYSICAL REQUIREMENTS FOR SOIL RETENTION BLANKET - PHOTODEGRADABLE OR BIODEGRADABLE BLANKETS Product Class Minimum Roll Width Minimum Thickness ASTM D 6525 Acceptable Matrix Fill Material Min. Mass per Unit Area ASTM D 6475 Size of Net Opening Photo- degradable Bio- degradable 1 1 6.5' 6.5' 0.25" 0.25" Straw/Coconut Excelsior 8 oz/sy 8 oz/sy Minimum: 0.50"x0.50" Minimum: 0.50"x0.50" Maximum: 0.75"x0.75" Minimum: 0.50"x0.50" Maximum: 0.5"x1.0" NONE Maximum: 1.0"x2.0" 2 6.5' 0.20" Coconut Fibers 8oz/sy Minimum: 0.50" x0.5" Minimum: 0.50"x0.50" Maximum: 0.75"x0.75" Maximum: 0.5"x1.0" Table 216-2 PERFORMANCE REQUIREMENTS FOR SOIL RETENTION BLANKET - PHOTODEGRADABLE OR BIODEGRADABLE BLANKETS Product Class Slope Application "C" Factor' ASTM D 6459 Channel Application z Permissible Shear Stress (Un-vegetated) ASTM D 6460 Minimum Tensile Strength ASTM D 6818 1 < 0.10@3:1 2.00 lbs/sf 100 lbs/ft 2 < 0.10@3:1 2.25 Ibs/sf 125 Ibs/ft Notes: "C" Factor calculated as ratio of soil loss from soil retention blanket protected slope (tested at specified or greater gradient, h:v) to ratio of soil loss from unprotected (control) plot in large-scale testing. Permissible shear stress is the minimum shear stress that a product must be able to sustain without physical damage or excess soil loss when it is installed on a bare soil channel. Failure is defined as 1/2 inch of soil loss during a 30 minute flow event in large scale testing. Blankets shall be tested for physical properties and have published data from a pre -approved independent testing facility. Large scale testing of Permissible Shear Stress and Slope Erosion Protection ("C" factor) shall be performed by a pre -approved independent testing facility. BID NO. B1500029 Page 86 A sample of the staples and a copy of the manufacturer's product data showing that the product meets the Contract requirements shall be submitted for approval at the environmental preconstruction conference. Installation of the blanket will not begin until approval has been received from Weld County in writing. (b) Turf Reinforcement Mat. Turf reinforcement mat (TRM) shall be a rolled mat consisting of UV stabilized, corrosion resistant, non -degradable synthetic fibers, filaments, or nets processed into a permanent three-dimensional matrix of the thickness specified in Table 216-3 and 216-4. TRMs shall provide sufficient thickness, strength and void space to permit soil filling and retention, and the development of vegetation within the matrix. The class of TRM is defined by the physical and performance characteristics as specified in the following tables. Table 216-3 PHYSICAL REQUIREMENTS' FOR TURF REINFORCEMENT MAT Product Class Minimum Roll Width Minimum Thickness ASTM D 6525 Acceptable Matrix Fill Material2 Size of Net Opening2 Excelsior, Minimum: 1 6.5' 0.25" Straw/Coconut, Coconut, or Polymer fibers 0.50"x0.50" Maximum: 0.75"x0.75" 100% UV 2 6.5' 0.25" Stabilized Synthetic or 0.50"x 0.50" Coconut Fibers 100% UV 3 6.5' 0.25" Stabilized 0.50"x 0.50" Synthetic Fibers Notes: For TRMs containing degradable components, all property values shall be obtained on the non -degradable portion of the matting alone. For TRMs with nets and fill material. Netted TRMs shall be sewn together on 1.5 inch to 2 inch centers. Table 216-4 PERFORMANCE REQUIREMENTS FOR TURF REINFORCEMENT MAT Product Class Tensile Strength MD ASTM D 6818 UV Stability @ 500 Hours ASTM D 4355 Maximum Permissible Shear Stress'Stress' (Vegetated) ASTM D 6460 Maximun Permissible Shear (Unvegetated) g ASTM D 6460 1 125 lbs/ft 80% 6.0 lbs/sf 4.0 lbs/sf 2 150 lbs/ft 80% 8.0 lbs/sf 6.0 lbs/sf 3 175 lbs/ft 80% 10.0 lbs/sf 8.0 lbs/sf Notes: Permissible shear stress is the minimum shear stress that a product must be able to sustain when placed on a fully vegetated channel or unvegetated without physical damage or excess soil loss. Failure is defined as 1/2 inch of soil loss during a 30 minute flow event in large scale testing. BID NO. B1500029 Page 87 January 30, 2014 4 REVISION OF SECTION 216 SOIL RETENTION COVERING TRMs shall be tested for physical properties and have published data from a pre -approved independent testing facility. Large scale testing of Permissible Shear Stress will be performed by a pre -approved independent testing facility. A sample of the staples and a copy of the manufacturer's product data showing that the product meets the Contract requirements shall be submitted for approval at the environmental preconstruction conference. (c) Staples. Staples shall be made of ductile steel wire, 0.165 inches in diameter, 8 inches long and have a 1 inch crown. "T" shaped staples will not be permitted. CONSTRUCTION REQUIREMENTS 216.03 The Contractor shall install soil retention coverings in accordance with Standard Plan M-208-1 and the following procedure: 1. Prepare soil in accordance with subsection 212.06 (a). . 2. Apply topsoil or soil conditioning as directed in the Contract to prepare seed bed. 3. Place seed in accordance with the Contract. 4. Unroll the covering parallel to the primary direction of flow. 5. Ensure that the covering maintains direct contact with the soil surface over the entirety of the installation area. 6. Do not stretch the material or allow it to bridge over surface inconsistencies. 7. Staple the covering to the soil such that each staple is flush with the underlying soil. 8. Ensure that staples are installed full depth to resist pull out. No bent over staples will be allowed. Install anchor trenches, seams, and terminal ends as shown on the plans. The Contractor shall install TRMs using the following procedure: 1. Place 3 inches of topsoil or soil amended with soil conditioning. 2. Apply half of the specified seed at the broadcast rate and rake into soil. 3. Install TRM 4. Place 1 inch of topsoil or soil amended with soil conditioning into the matrix to fill the product thickness. 5. Apply the remaining half of the specified seed at the broadcast rate and rake into soil. 6. Install soil retention blanket (Class 1) over the seeded area and TRM. When applicable, the covering shall be unrolled with the heavyweight polypropylene netting on top and the lightweight polypropylene netting shall be in contact with the soil. 216.04 Slope Application. Soil retention coverings shall be installed on slopes as follows: The upslope end shall be buried in a trench 3 feet beyond the crest of the slope. When specified by the manufacturer, trench depth shall be increased up to 12 inches in depth. Before backfilling begins, staples shall be placed across the width of the trench. The trench shall then be backfilled to grade with soil amended with soil conditioning or topsoil, compacted by foot tamping, and seeded. Fabric shall be brought back over trench and stapled at 1 foot on center. BID NO. B1500029 Page 88 January 30, 2014 5 REVISION OF SECTION 216 SOIL RETENTION COVERING There shall be an overlap wherever one roll of fabric ends and another begins with the uphill covering placed on top of the downhill covering. Staples shall be installed in the overlap. There shall be an overlap wherever two widths of covering are applied side by side. Staples shall be installed in the overlap. Staple checks shall be applied on the slope every 35 feet. Each staple check shall consist of two rows of staggered staples. The down slope end shall be buried in a trench 3 feet beyond the toe of slope. Before backfilling begins, staples shall be placed across the width of the trench. The trench shall then be backfilled to grade with soil amended with soil conditioning or topsoil, compacted by foot tamping, and seeded. Fabric shall be brought back over trench and stapled. If a slope runs into State waters or cannot be extended 3 feet beyond the toe of slope, the end of covering shall be secured using a staple check as described above. Coverings shall be securely fastened to the soil by installing staples at the minimum rate shown on the plans. Staple spacing shall be reduced where required due to soil type or steepness of slope. 216.05 Channel Application. Soil retention coverings shall be installed as follows on a channel application: Coverings shall be anchored at the beginning and end of the channel across its entire width by burying the end in a trench. When specified by the manufacturer, trench depth shall be increased up to 12 inches in depth. Before backfilling begins, staples shall be placed across the width of the trench. The trench shall then be backfilled to grade with soil amended with soil conditioning or topsoil and compacted by foot tamping, and seeded. Fabric shall be brought back over the trench and stapled. Covering shall be unrolled in the direction of flow and placed in the bottom of the channel first. Seams shall not be placed down the center of the channel bottom or in areas of concentrated flows when placing rolls side by side. There shall be an overlap wherever one roll of covering ends and another begins with the upstream covering placed on top of the downstream covering. Two rows of staggered staples shall be placed. There shall be an overlap wherever two widths of covering are applied side by side. Staples shall be placed in the overlap. The covering shall be anchored every 30 feet with a check slot. Check slots shall extend the entire width of the channel. The covering shall be buried in a trench. Before backfilling begins, staples shall be placed across the width of the trench. The trench shall then be backfilled to grade with soil amended with soil conditioning or topsoil, compacted by foot tamping, and seeded. Fabric shall be brought back over trench and continued down the channel. Coverings shall be securely fastened to the soil by installing staples at the minimum rate shown on the plans. Staple spacing shall be reduced where needed due to soil type or high flows. BID NO. B1500029 Page 89 January 30, 2014 6 REVISION OF SECTION 216 SOIL RETENTION COVERING 216.06 Maintenance. The Contractor shall maintain the soil retention coverings until all work on the Contract has been completed and accepted. Maintenance shall consist of the repair of areas where damage is due to the Contractor's operations. Maintenance shall be performed at the Contractor's expense. Repair of those areas damaged by causes not attributable to the Contractor's operations shall be repaired by the Contractor and will be paid for at the contract unit price. Areas shall be repaired to reestablish the condition and grade of the soil and seeding prior to application of the covering. METHOD OF MEASUREMENT 216.07 Soil retention coverings, including staples, complete in place and accepted, will be measured by the square yard of finished surface. Allowance will not be made for overlap. BASIS OF PAYMENT 216.08 The accepted quantities of soil retention coverings will be paid for at the contract unit price per square yard. Preparation of seedbed, fertilizing, and seeding will be measured and paid for in accordance with Section 212. TRM and its associated blanket will be measured and paid for separately. Placing and preparation of seedbed, fertilizing, and seeding of soil under the TRM layer will be measured and paid for in accordance with Section 212. Topsoil or amended soil and seed placed on the TRM will be measured and paid for in accordance with Section 207 and 212. Payment will be made under: Pay Item Pay Unit Soil Retention Blanket ( ) (Biodegradable Class _) Turf Reinforcement Mat (Class _) Square Yard Square Yard BID NO. B1500029 Page 90 February 17, 2012 1 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised for this project as follows: In subsection 630.16 delete the fifth paragraph. BID NO. B1500029 Page 91 EXHIBIT A SITE MAP Site 1 - Ho iestra Gravel Pit Site 2 - BR 13-26A Site 3-CR53&Hwy 392 Site 4 - CR 80 From CR 51 to CR 55 Site 5- CR 23& HWY 392 Site 6-CR49&CR22 Site 7 - CR 126 From 1-25 to CR 17 Site 8-CR 13 from CR 38 to CR 42 Site 9-CR68from CR73toCR 79 Site 10 - CR 50 from CR 61 to HWY 34 Site 11 -CR 19 from HWY 80 to CR 42 Site 12 - CR 47 from CR 6225 b CR 66 Site 13 - CR 43 from CR 88 to CR 90 BID NO. B1500029 Page 92 E0. TFFE0 ROW t < A�i ink S3 • B • • SECTION A -A STANDARD PLAN NO. Sheet No. I of 7 Y a 0 N 41, cc I, L N a a 8 I e Si y> 3 BID NO. B1500029 Page 93 g tgt sags iWO gY? iRN 83 g .82N 1 0 w w YZ SOIL RETENTION IN ACCMNRY N1TN SEC110N 216 0 fV Sheet No. 2 of 7 Issued By: Project Development Branch on JJy 04, 2006 0 .y Ix d In U a C Y n BID NO. B1500029 Page 94 PLAN VIEW U z 0 I- U U, SECTION B -B z 0 I- U W PROTECTION (TYPE R1 STORM ❑RAIN INLET BALE FILTER (TYPE C OR 0) INLET EROSION STORM DRAIN INLET PROTECTION (TYPE C ❑R 0) STANDARD PLAN NO. Sheet No. 3 of 7 "reject Development &oven on July 04, 200f 4 J O 0 0 0 m S O � L m E ou�n u w�99. n ngpn B mI 0 r v O O 0 a u . 44 aQ U Sheet Revisions 0 E 0 C U- n E U S 0 8 I E 8 d 8 8 BID NO. B1500029 Page 95 0 O 0 F 8 0 0 Wb� z 0 0 U UI TEMPORARY SLOPE DRAIN SECTION DETAIL CHECK DAM FOR EROSION CONTROL C 0 U, STANDARD PLAN NO. 0 0 N Sheet No. 4 of 7 0.52 Sheet Revisions 8; 0 0 C 0 a 0 U Y 0 1 BID NO. B1500029 Page 96 ❑ T k vi ELEVATION SECTION CROSS SECTION B -B WASHOUT STRUCTURE w U O U CTION A -A Ilg SEDIMEA STANDARD PLAN NO. Sheet No. 5 of 7 g 8 a N N 4) L N s 6. Io C 0 D 0 C u 0 U J e O 9 a �j z 0 I. J I 9 I BID NO. B1500029 Page 97 SILT DIKE SECiWn 17, PLAN VIEW PLAN VIEW FRONT VIEW FOR DRAINAGE DITCH cn U LAI U SILT BERM -VELOCITY Xi tNt Z � 5 w QW Y $s SILT STANDARD PLAN NO Sheet No. 6 of 7 Sheet Revisions O E 0 C a 0 U 2 •e fr =E O a 2 I s BID NO. B1500029 Page 98 ght zl CULVERT EROSION LOG INLET PROTECTION TYPICAL STAKE INSTALLATION Maw a z U 0 z a aJ O a 2 a a cc w KUM f SHALL EIE NIGER I z a to - - a SECTION C -C tL STANDARD PLAN NO. 0 O N Sheet No. 7 of 7 a g o O J o a a O C l ti• 9'� E Wsn E o c I a II m •° o U II 0- a 0 •a I, 0 N OHP 8 Fpp 4 0 a 2 F a I BID NO. B1500029 Page 99 J O ig PW,g 8g O- 0'8.8 O 05.- G rwf o o i K r COMPACTED SOIL L_ .l .1 SOIL FILLED TRM 0 z�z W N g i ' g U- 6,7, D W j o if O'g tq,q02,g S CI c f who 0, w o w ffip qq g a rw N § x ANCHOR TRENCH B ANCHOR TRENCH A TYPICAL ROAD CROSS SECTION O Ei Q a 0 a 0 u C 5 N s0 Print Dote W a e LJ 4 I: or motion NONE BID NO. B1500029 Page 100 Exhibit B SUMMARY OF ESTIMATED BID SCHEDULE* ITEM ITEM DESCRIPTION UNIT EST QTY UNIT PRICE (S) TOTAL PRICE (S) 201 CLEARING AND GRUBBING ACRE 5 1)000.00 5 °CO C)o 202 REMOVAL OR MAINTENANCE OF EROSION LOG (12 INCH)(10 FOOT) EACH 528 5.00 2) .DO 202 REMOVAL OR MAINTENANCE OF EROSION LOG (12 INCH)(20 FOOT) EACH 0 5,00 0 202 REMOVAL OR MAINTENANCE OF EROSION BALES EACH 0 ,5•00 O 202 REMOVAL OR MAINTENANCE OF SILT FENCE LF 8700 :g0 6q6 0,c0 0 202 REMOVAL OR MAINTENANCE OF SEDIMENT BASIN (L= 20 FOOT. W=5 FOOT, D= 2 FOOT) EACH 0 /1 - ►.50, 00 207 TOPSOIL CY 0 '‘',00 a 208 EROSION LOGS (12 INCH)(10 FOOT) EACH 220 '-1,2.D. 424.0D 208 EROSION BALES (WEED FREE) EACH 0 1 (I ,00 0 208 SILT FENCE LF 6750 1.50 I g 125,00 0 208 SEDIMENT BASIN (L= 20 FOOT, W=5 FOOT, D= 2 FOOT) EACH 0 250,pd 208 SEDIMENT REMOVAL AND DISPOSAL HOUR 99 1 201Op I ()SEA O 212 SOD (LAWN) SF 0 1,00) 212 SEEDING (NATIVE) (ROADWAY) (NORTH OF WCR 74) ACRE 0 720r 00 0 212 SEEDING (NATIVE) (ROADWAY) (SOUTH OF WCR 74) ACRE 22 Q75040CC I, j 7t3 � 212 SEEDING (NATIVE)(PIERCE GRAVEL PIT) ACRE 0 'BODO 0 212 SEEDING (NATIVE)( KOSKIE. LEHR, PIERCE NORTH, ASHBAUGH. FISCUS NORTH, AND GEISERT GRAVEL PITS) ACRE 0 7 5.OO O 212 SEEDING (NATIVE)( KOENIG, BEARSON, AND HOKESTRA GRAVEL PITS) ACRE 5 616IX) 3'-65 ( C 212 SEEDING (NURSE CROP) ACRE 0 200.00 ) Q 212 BROADCAST SEENDING (NATIVE) SY 500 a IN rifler 212 HYDRAULIC (SEEDING)(NATIVE) (NORTH OF WCR 74) ACRE 0 10o.ao 0 212 HYDRAULIC (SEEDING)(NATIVE) (SOUTH OF WCR 74) ACRE 7 ;762,Lio 5_ , ,co 212 SOIL CONDITIONING ACRE 5 6,0t Get, CO 213 MULCH (STRAIN) (WEED FREE) (1.5 TONS/ACRE) ACRE 32 'W,W 92.0.00 14,92.0.0C I 0 052 Q(� 213 HYDRAULIC MULCH (1.5 TONS/ACRE) ACRE 7 1) --*CO 213 BIOTIC EARTH - HGM BLACK (4.500 LBS/ACRE) SY 0 ( 20 216 SOIL RETENTION BLANKET (STRAW/COCONUT) SY 6500 gs50 l n 0,00 216 CLASS 2 TRM (LANDLOK 450 OR APPROVED EQUIVALENT) SY 0 G.5o 8 216 CLASS 3 TRM (LANDLOK 300 OR APPROVED EQUIVALENT) SY 0 1 0,10 0 216 CLASS 3 TRM (PYRAMAT OR APPROVED EQUIVALENT) SY 0 AS '10 O 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 202) EACH 7 500.(x. 5i&).tD :00Q, 00 2500 a 7 r0"( fOt 11,5tt.00 .6 -50.00 I r)06,00 NQLw 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 202) EACH 6 56x.00 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 208) EACH 5 •506.00MW.00 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 208) EACH 14 �t 0.� 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 212 AND 213) EACH 6 750 00 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 212 AND 213) EACH 7 Tc i'( 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 216) EACH 3 5t` . 00 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 216) EACH 2 500,00 `,� Dti 6X00.00 cj L�20,b0 630 TRAFFIC CONTROL - SIGNS ONLY (NO FLAGGERS) (MUTCD TA -6) DAY 20 a 0,0n 630 TRAFFIC CONTROL - LANE CLOSURE (WITH FLAGGERS) (MUTCD TA -10) DAY 12 g n` o o -The above quantities are provided as nformation only and an use solely for the purpose of selecting the lowest responsible bidder, actual quantities may vary 4 "TOTA COST 4� } rU BID NO. B1500029 Page 16 NOTICE OF AWARD PROJECT: EROSION CONTROL AND REVEGETATION SERVICES FOR 2015 To: k'll/ An ..sec Scry �s$s3 is - 4&/25 zj,, , Gci 6Y -k5-0 Project Description: The project in general consists of: placing, maintaining and removing erosion control devices; seeding and mulching road construction projects and gravel pits throughout the calendar year as directed at various sites within the county; and the sites are generally within a corridor from Weld County Road 1 to Weld County Road 77 and from Weld County Road 2 to Weld County Road 100. The services that will be requested may include any or all of the following: placement, maintenance and removal of erosion control devices: erosion logs, erosion bales, soil retention blankets, turf reinforcement mats, silt fences, and other items; and revegetation: soil preparation (tilling and ripping), drill seeding, broadcast seeding, hydraulic seeding, placing sod, mulching, and hydraulic mulching. This project is not subject to Federal or State contract requirements. The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of $ S( Gv or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish the required Performance Bond, Payment Bond and Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this //0-- day of J e- uatX. 2015 Weld County, Colorado, Owner By: ��l'-s 1T� Josh Holbrook, Project Inspector ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by O(,cd444.4,,,4 (Contractor) Dated this jatVt, day of Fe.lc r u cv- v By:PidiiTitle: Q tuv1,e t' , 2015 BID NO. B1500029 Pate - 30 - RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. 0i4 Q Date: Addendum No. Two o Date: 1— I9-2015 By: By: Ha 141( 71-/a i li Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for bid for Request No. #61500029. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM Gets vtiavt.Serer iisServ4Ce BY flia LAS<e_.x.S(Please w'c v. BUSINESS ADDRESS ') 5bi3 W C R S DATE I -- 26- I �i CITY, STATE, ZIP CODE Lovl wio�t,C'ii. �O504 TELEPHONE N1O1 MD 535 -�qG FAXcjq 3.5-913:4_[ TAX ID #&.-f�'CG.59 SIGNATURE d ) E-MAIL h ('1s e.I.5 i-t c ra vj,418 co WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. DO NOT NEED TO SEND BACK PAGES 1 —15. BID NO. B1500029 Page 22 SITE 13: CR 43 FROM CR 88 TO CR 90 EROSION CONTROL INSTALLEW PROJECT ITEM ITEM DESCRIPTION UNIT EST QTY 208 EROSION LOGS (12 INCH)(10 FOOT) EACH 20 208 SILT FENCE LF 750 212 SEEDING (NATIVE) (ROADWAY) (SOUTH) ACRE 2 212 BROADCAST SEENDING (NATIVE) SY 100 212 HYDRAULIC (SEEDING)(NATIVE)(SOUTH) ACRE 1 213 MULCH (STRAW) (WEED FREE) (1.5 TONS/ACRE) 213 2 213 HYDRAULIC MULCH (1.5 TONS/ACRE) ACRE 1 216 SOIL RETENTION BLANKET (STRAW/COCONUT) SY 500 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 208) EACH 2 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 212 AND 213) EACH 2 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 216) EACH 1 630 TRAFFIC CONTROL - LANE CLOSURE (WITH FLAGGERS) (MUTCD TA- 10) DAY 1 BID NO. B1500029 Page 21 BID BOND PROJECTS: EROSION CONTROL AND REVEGETATION SERVICES FOR 2016 KNOW ALL MEN BY THESE PRESENTS, that Geisman Seedina Service . as Principal, * and as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the 'Owner") In the penal sum of Five Percent of Bid Dollars ($ 5% of laid ). lawful money of the United States of America,. for the paymentof which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated January 27 , 2015 for the PROJECTS: EROSION CONTROL AND REVEGETATION SERVICES FOR 2015 as set out in the accompanying Bid. WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform. NOW THEREFORE, if the principal shall, within the period specified therefore: A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B. Withdraw said Bid within the time specified, or C. Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this 21st day of _ January 2015 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority_1aof its governing board. Gei�trr S e ing4Service ATTEST: 4" By: /---1.‘ BID NO. B1500029 Principal ry Geisman, Owner Address 15813 WCR #5 Longmont 80504 eters, Attome-Fa • Surety The Cincinnati Insurance Company_ Address 6200 S. Gilmore Road, Fairfield, OH 45014-5141 Page - 23 - THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Steve Ewing; Bryan Brenning; Renee McReynolds; Katie Klimek; Holly Hildebran and/or Karole Peters of Loveland, Colorado its true and lawful Attorney(s)-in-Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Any such obligations in the United States, up to Twenty Million and No/100 Dollars ($20,000,000.00). This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6' day of December, 1958, which resolution is still in effect "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys -in - Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys -in - Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the Th day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President this 101h day of October, 2008. STATE OF OHIO ) ss: COUNTY OF BUTLER On this 1O day of October, 2008, before me came the above -named Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. sittinrurr�,4y 141/47' •.•RIA 1, �,'ti ;ry,`. i'477.E Of .O` 66h6wWttfM I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in full force and effect. GIVEN under my hand and seal of said Company at Fairfield, Ohio. 21st day of January, 2015 this MARK J. HJLLER, Attorney at Law NOTARY PUBLIC - STATE OF OHIO My commission has no expiration date. Section 147.03 O.R.C. BN-1005 (10/08) I11m W-9 lN-•. rokmer?nt:k t4;wbn,r urn.. low.. Irr.,nd Re -.nor Yr:ra• Request for Taxpayer Identification Number and Certification Give Font) to the requester. Do not send to the IRS. Naomi la, J11w..,1n no, I11,111711• 1.e rnlunt HS.!YY3_ �. V��s[�r�c�lvt ttn,IM.:. u.nw•,.11,1••• ►-1 nlhlr fNur d •tdl..4 hrm.i+n x..S.pvx,avoSe,eci.XI4 c &erv.LSe, l'tv,.k .q;ion ur:d.. toe h. L,I.-nd lea .1n•: atr..41wa4 1(Y.k„•4all •+d. p,elrka I: 1'..r(.ral..1 SC.rum:Ain I'..kr,Jy innldi"Aat- aI nnk.l Y4t.t', unl•rtn F nl.. Ili, lyr • (a'. AIuiactual ft 1 P p..n...J.,. c aC A.M., 'Mari •n.•.r Ind opt 11 „la- M, 4 15813 WC,R#5 CAN ord.. .awl rr ..•. i• ls) vtG wt O lit( CO is 504 l .A de4.11rd1kiA« I.• Ln. 1141,40.k r ( 'oomphun 4.11' tr.turbotr4 F .«a;r i.e., •.•4 el .1r. e I ..npiw., hi.,, I Al(. A to -wallop; ul 1,1 arnl /4.yr,t•r nom« .n.l AMA*. rat hiilatr Part I Taxpayer Identification Number (TIN) Ender your TIN m the appropnate box The TIN provided must match the name gi•.en on the Name line 10 a,o10 backup withholding For individuals. this IS your SOcral serrlttry number ISSN1 However for a resident alien. sde proprietor a disregarded entity. see the Pan I instructions on page 3 For Other _entities d is you employer Idenfificabon number /FIN', If you do rant ha, e a mutter see how to get a TIN on page 3 Note. It the aCCO(Mt 15 4n more than one name see the *tan on page 4 for gtedebnes ru WINOS* number to enter Part II Certification Social s.cu,rty number Employ. ,d.nbtcdton number 89 o Under penalties at pow/ I certify that t The number shown on this tam ,s my correct taxpayer identification rsa'nber tar I am warenJ for a number to be Issued to me? and 2 I am not subject to backup atthhaldng because la) I ant exempt from backup urbridAng a lb? I hale not been notified by the Internal Revenue Ser"co 'IRS? that I am subject to backup withholding as a result of a fakeer to report as merest or dividends or 4c! the IRS has nabbed me that I am no longer subject to backup wrtMdeng. and 3 I am a U S citizen or other U S person 'defined below! and 4 The FATCA coders? entered on thus tam if any! indicating that I am exempt trap FATCA reporting is correct Certification instructions. 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B1500029 Page - 25 - Bond No: B9118142 PERFORMANCE BOND PROJECT: EROSION CONTROL AND REVEGETATION SERVICES FOR 2015 KNOW ALL MEN BY THE PRESENTS; that Geisman Seeding Service (Name of Contractor) 15813 Weld County Road #5, Longmont, CO 80501 (Address of Contractor) Individual hereinafter called Contractor, and a (Corporation, Partnership, or Individual) The Cincinnati Insurance Company (Name of Surety) 6200 S. Gilmore Road, Fairfield, OH 45014-5141 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of One hundred forty-seven thousand five hundred sixty-fiv®ollars, ($_ S147,565.00 ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the 18th day of February attached and made a part hereof for the construction of: , 2015, a copy of which is hereto PROJECT Erosion Control and Revegetation Services for 2015 described in the Invitation for Bids, Bid No. B1500029 NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. BID NO. B1500029 Page - 42 - Bond No: B9118142 PERFORMANCE BOND PROJECT: EROSION CONTROL AND REVEGETATION SERVICES FOR 2015 IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this 2015. 18th Co tractor) Secretary (SEAL) GIP11.A-Del2___ (Witness as to Contractor) day of February Geisman Seeding Service 4oz.6 -. C -1 . Is. c_lDa (Address) Litiutta.c.d 1 .%5F145/' ATTEST: n/a (Surety) Secretary 4025 St. Cloud Drive, Suite 100 Contractor By g H B4 HH Geisman 15813 Weld County Road #5 (Address) Longmont, CO 80501 i 4 Bye R ,---- A rney-in-Fact Karate Peters (Address) Loveland, CO 80538 4025 St. Cloud Drive, Suite 100 (Address) Loveland, CO 80538 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID NO. B1500029 Page - 43 - Bond No: B9118142 THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Steve Ewing, Renee McReynolds, Katie Klimek, Karole Peters, Holly Hildebran, Bryan Brenning, of Loveland, CO its true and lawful Attomey(s)-in-Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Twenty Million Dollars and 00/100 ($20,000,000.00) This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6" day of December, 1958, which resolution is still in effect: "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys -in - Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attomeys-in- Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 7th day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President this 10" day of May, 2012. STATE OF OHIO COUNTY OF BUTLER ) ss: THE CINCINNATI INSURANCE COMPANY Vice President On this 10" day of May, 2012, before me came the above -named Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. ,r.• O A Elias '+y :* y�''aTE oc ,,�+e>Krt3M I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a taste and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in full force and effect. this GIVEN under my hand and seal of said Company at Fairfield, Ohie. 18th day of February. 2015 MARK J. HOLLER, Attorney at Law NOTARY PUBLIC - STATE OF OHIO My commission has no expiration date. Section 147.03 O.R.C. Assistant Secretary BN-1005 (5/12) Bond No B9118142 LABOR & MATERIALS PAYMENT BOND PROJECT: EROSION CONTROL AND REVEGETATION SERVICES FOR 2015 KNOW ALL MEN BY THE PRESENTS; that Geisman Seeding Service (Name of Contractor) 15813 Weld County Road #5, Longmont, CO 80501 (Address of Contractor) Individual hereinafter called Contractor, and a (Corporation, Partnership, or Individual) The Cincinnati Insurance Company (Name of Surety) 6200 S. Gilmore Road, Fairfield, OH 45014-5141 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of One hundred forty-seven thousand five hundred sixty-five Dollars($ 147,565.00 ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the 18th day of February , 2015, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: Erosion Control and Revegetation Services for 2015 described in the Invitation for Bids, Bid No. 81500029. NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void,; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. BID NO. B1500029 Page - 44 - J Bond No: B9118142 LABOR & MATERIALS PAYMENT BOND PROJECTS EM-BR19.5-36B, EM-BR34-17A, EM -20.5-3B, and EM -16.5-1B IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this 18th day of February 2015. Geisman Seeding Service fit kg- ontractor) Secretary (SEAL) itI ess as to Contractor) 41O2-5 5f 0.11mAA)r 1 (40 II (Address) LJ 41-t-ot C �� 3OS 3,/ ATTEST: n/a (Surety) Secretary 4025 St. Cloud Drive, Suite 100 (� Contractor /� By !-'f ti -C ltC A HH Geisman 15813 Weld County Road #5 (Address) Longmont, CO 80501 (Address) Loveland, CO 80538 By Att•rn= -in-Fact Karole Peters 4025 St. Cloud Drive, Suite 100 (Address) Loveland. CO 80538 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID NO. B1500029 Page - 45 - Bond No B9118142 THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Steve Ewing, Renee McReynolds, Katie Klimek, Karole Peters, Holly Hildebran, Bryan Brenning, of Loveland, CO its true and lawful Attomey(s)-m-Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Twenty Million Dollars and 00/100 ($20,000,000.00) This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6L1 day of December, 1958, which resolution is still in effect: "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys -in - Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys -in - Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 7th day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President this 10th day of May, 2012. THE CINCINNATI INSURANCE COMPANY STATE OF OHIO ) ss: COUNTY OF BUTLER ) Vice President On this l0`" day of May, 2012, before me came the above -named Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. 1111111N14, ,�e`��1AI. 6. 4 :_ <3 os. 7 #'10•;, o f 01 istrerroi I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in full force and effect. this GIVEN under my hand and seal of said Company at Fairfield, Ohio. 18th day of February, 2015 MARK J. H LLER, Attorney at Law NOTARY PUBLIC - STATE OF OHIO My commission hae no expiration date. Section 147.03 O.R.C. Assistant Secretary BN-1005 (5/12) CERTIFICATE LIABILITY INSURANCE ACORD_„ OF DATE (MMIDD/YYYY) AT MM Dols THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Ewing Leavitt Insurance Agency 4025 St. Cloud Dr. Suite 100 Loveland, CO 80538 CONTACT Karole Peters NAME: N o,Ext): 970.679.7355 FAX nlcPHONE (NC, No): 866.237.2178 E-MAIL SS: karole-peters@leavitt.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Cincinnati Insurance Co 10677 INSURED Henry H Geisman DBA: Geisman Seeding Service 15813 WCR #5 Longmont, CO 80501 INSURERB: Pinnacol Assurance 41190 INSURER C : INSURERD: INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: 15-16 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE 7SDDrSUBRT POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER (MMIDDIYYYY) (MMIDD/YYYY) A A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR Blkt Addl Insured X X X Blkt Waiver of Sub GEN'L AGGREGATE LIMIT APPLIES PER: POLICY A JPRECTO LOC AUTOMOBILE LIABILITY X X X ANY AUTO ALL OWNED AUTOS HIRED AUTOS Blkt AI SCHEDULED AUTOS NON -OWNED AUTOS Blkt WOS X X EPP0236700 02/23/2015 EPPO2367OO 02/23/2015 02/23/2016 02/23/2016 LIMITS EACH OCCURRENCE PREMISES (Ea occurrence) MED EXP (Any one person) $ 1,000,000 $ 300,000 $ 10,000 $ 1,000,000 $ 2,000,000 $ 2,000,000 PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGL cD5iNGLE LIMIT 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE DED I X RETENTION $ 0 EPPO2 36700 02/23/2015 02/23/2016 EACH OCCURRENCE $ 1,000,000 $ 1,000,000 AGGREGATE B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIV OFFICER/MEMBER EXCLUDED? Y J (Mandatory In NH) If yes. describe under DESCRIPTION OF OPERATIONS below N/A 4171797 BLANKET WAIVER OF SUBROGATION 03/01/2015 03/01/2016 TH- X 1 TORY LIMITS I I 0 ER E.L. EACH ACCIDENT $ 500,000 $ 500,000 E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Erosion Control and Revegetation Service for 2015. Weld County, its subsidiary, parent, associated and/or affiliated entities, successors or assigns, its elected officials, trustees, employees, agents and volunteers are named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the insured including completed operations.A waiver of subrogation applies in favor of the above as regards the general liability, auto liability and workers' compensation. CERTIFICATE HOLDER CANCELLATION Weld County 1555 N. 17th Avenue Greeley, CO 80631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Karole Peters/KAPETE ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: I "- Z1 if; All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable, responsible and qualified bidder as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. 1. Name of Bidder (Company or Firm): &e -Ds t44 avt See cki Servcae 2. Permanent main office address: 15813 WC R 4t 5 Lib tAg>,1Oi'.t:ICo. 80.5bLt Phone Number. 9,10. -..5A. -1-11C)-2, Fax Fax Number: 9 - q,r7- So 3. Year Company was organized: I CIA rl 4. Number of years this Company has been engaged similar construction: 5 S `J ears Under what firm, company or trade names has this company been engaged i this type of construction, how long under each name and how long has each company been bonding work?_ Criswt avl.-S°Qd.Lvt3 Serves = 58 y ar-s 5. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: CZ V Asia- 1 1 Res b u rc- s like-, Ri de,, sTfe- $ a8)QCQ,00 a�c f5 cc,cc+frleA I Rrnrm�v( er urte 3 zti,�. varx.ous (pvtstdSrc s $ A0,bE EQC> Aus IS D E Fa tco co Vlst .. CEO $ 2'y, 0 ()b.. o G4 AIN'T 1— L9 6. List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. 7. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. Ntn tile, BID NO. B1500029 Page - 26 - 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. No 9. List all contracts within the last 3 years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. WO RP, 10. Has any owner, as party to any of the Company's contracts within the last 3 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc., or attempted to have the performance bond invoked? If yes, explain in detail. 11. Describe all contracts that the Company failed to complete. NO LA N_ 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. Ato 13. List all or a maximum of three (3) of the most recent projects, similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction at the present time. List the project name, location, project superintendent, owner's representative and phone number, date completed and contract amount for each project. C� Project Name: AVl E 1 Re —SCAR' S IVI4, BID N0. B1500029 Page - 27 - f�'� cede v e sne.\to _Er- art C.c t (] ls Location: Far Vvi, flpS E V . CoCoVtvle, t ( /.s[9UiC Supt: Owner's Representative: O-0 ttt Warren, DatA to r- Phone:140 223-315 Completion Date: App 20 15 Contract Amount: 8c1) 6 OD , O O Project Name: west V-teri j, ( R-eTect., Location: FortCCLLT-14-- ,St!Are lay. Supt: Owner's Representative: JT I4tivt MYT e UI. Dalit (e r Phone:T -223 t, Completion Date: 4%,pt, , 101 2(3 I''1 Contract Amount: t 18) 25O.t)0 Project Name: CO t11it0_,l I Res Oe ILtc, Location: ‘,/e1 t" S'_r VAS C I rat St enLtP,_� Supt Owner's Representative: JO totWarr6I,L, RtJ at'ld -PEI/'t LA/0 Phone:Tf t -P.3 3151 Completion Date: Au 201.9 Contract Amount:A pld, 50, DOO . 00 14. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15% OR MORE OF THE WORK. SUBCONTRACTOR WORK DESCRIPTION No e - OF WORK 15. List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc. NAME TITLE He lit uC-e .s 144..ctvt nu) E-14(31 FPAE1.1 SVpt.. YRS. PERTINENT EXPERIENCE 58 years 2D teccr_s BID NO. B1500029 Page - 28 - 16. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. Theundersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this aCo ,i4. day of -J Wit u ark./ 2015. Bidder: GeX.Sl 4 a ill Seefkifil.Ct &rV.LCP. '';; Company ./ By: 0(1-4-Sa2/111--el,titi Signature Name: He ry L1.Ge.tsYrl vk 1 (Please Type) Title: O W VLe r - NOTARY County of C.):\ A ) ss. State of CC) C, c---ckc . ) F_a1C� Q deposes and says that he is L t- Q being duly sworn, of, C (Title) St`c1Ccr1 Se e a o,s �F v • Cc_- and that the answers to the foregoing questions (Company Name) and all statements therein contained are true and correct. Subscribed and sworn before me this CARRIE A. SMITH OIAJZY PUBLIC STATE OF COLORADO NOTARY ID 20074039501 OM y , SION EXPIRES 1011912015 day of, 2015. " Commission Expires Notary Public BID NO. B1500029 Page - 29 - MEMORANDUM TO: Jay McDonald, Put •'o s Director DATE: February 9,2015 FROM: Joshua Holbrook, Construction Inspection Supervisor SUBJECT: 2015 Erosion Control and Revegetation Contract Bid No. B1500029 Bids were received an opened on January 27, 2015 for the 2015 Erosion Control and Revegetation. Six bids were received for the project and the amounts ranged from $147,575.00 to $310,336.01 with the lowest bid submitted by Gesisman Seeding Service of Longmont, Colorado. The low bid is within the 2015 estimated budget for the Erosion Control and Revegetation: therefore, it is my recommendation to award the project to Geisman Seeding Service for a total amount of $147,575.00. Work is expected to begin in March and remain in effect for a calendar year. Attachments, 2015 bid tab pc: Trevor Jiricek Director of General Services Marcia Walters, Purchasing Rose Everett, Purchasing Mona Wcidcnkcllcr, Office Tech IV / Payable / Receivable M:\ —Active Projects\EROSION-SEEDING Contract\2015 ccntract\Contract Does \2015 rec ven.doc Lois -On, EG 0072 0259 _ E. TOTAL PRICE (Si n . N N N . N 8 N N 5 N 8 N . I M N N '''''g N N N N F N ."1, N v M N 8 N N ' V N X 5 N N 8 Pi N N ti N - N N$ N N 8 N 8 N TOTAL COST S 310J36.01 ERROR S 15,47397 $291, 86204 V. N N N N n v v v v v N N A V. N N N IS 6SI'2 S SO 0EG'1 S H u ' Ts € r D, 8 8 N N V. • N • N 8• �d N N 8 r N N w N N • N 8' N N . 8 n N M 0, N 8 0A 8' .i S. R N 8 _ . 8 _ N $ N N 8 ^ N . N N 888g .I N _ .n .n 8 v 8 n N 8 8, .n N $ e N 2 ........ N 8 "r ct ^ N .i. a Ga K W 8 r j I g€ US ev F CN 8 _ N 8 66 8 " a 8 8 — N Sc '5R' 2 ti V N o— 0 N €gg X W 88888 - N V «. rn N N v N 8 n N 8 5 'A 88888 T a N N 38.5 N N n N 8 n N 8 S -• N v N �� N -' N 8 --• V 88888 V a S N N aa. a N N 8 ^ N 8 Fa ^ N 8 e M N 8 2 N 8 ! N and Revegetation Contract / #B1500 V e,l tl •C 5 W ! a* y J < O 8 8 ^ N N N N $ ^Jvs W N N 2. N N 8 se O N N • .. N 8 • • N N p8 S "1 N N N •, 2 e ., 8Y N rt ' 8 41 N N p 8 •if N 8 Fi n N 88 a g N N 8 •A v• N N • N 88 p 8 PO M .04 N V 8 8 R q N N 8p Os C N g8 .I. P N 8 2 P V N 44 G8 •� N q$8 R N TOTAL COST S 167}35.00 ERROR S - p O •A N c ■ V Ft S M1 r_ N N S In V. R N 8 8 .J tl vs v 88 a e. N . NA - N - i. ♦ H 3 1 M . n = T - _ µ 8[ x h ry N m8[)i8 8 8 8 — :� N - - : _ - 4 C B=S8 il ,,. =pp X 8 n 88 P 8 , N F _O 8a 8 1 a9 ... < 8 8 _. N V • N • N 8 • N 54 ' 8• m N sq 61 : N N a 4 N N • 8 N N N N 8 .. N 8 N N 8 4a N N 8 N $ .1 N 8 " N • N 8 N N • N 8 8$ ..06.:.. N N 2 N N 8 N 8 N 88 0y N N 8 A N 8 n N TOTAL COST S 161,154.50 ERROR S 88 p♦ 3 c =� Ivs 8 ♦. « 8 _ ' - F 38 „,�..- µ µ - - €. u M 8 8 .,♦... N 8 µ 8 Y 8 :Si 2 8 r V, w 8 8 71: N 8 C 8 N 8 �t N _ 8 ..• - - µ S 8 nom... 8 8 2 , .3 88852 � °R e 8 M1 8 N M Cowboy Erosion Control i IC 8$ N N N • N 8 Y N 8 N 8 $ N V. N 8 N N S N N N N 8 8 r a $ 1- N N 88 S V N A n N N 8 N N N 8 :i -t y, N N N Y 8 N V. 8 3 $ N N N 8. N N 8 N 8 8 9 8 N N $ F ^ N N ` q „_ M = N V 18 V p F . P. g `: E SN R R 8. o N 8 .. N 8 ' N 8 8 0 o N N 8883 2 c: N N. = V. V 8 ry i 8€888 •v- N N N o v a N N a N 8 : N 8 �i 0 22888 o n n v, B V V N € 0 8 g V 8 .. V. .; ' 6, 8 v N 8 - N 8 a s 2823 ;$ v a> µ A Ee N N 3 : A 8 V r• N 80 r'o v e N N 8 r N 8 N kb Erosion Contra .2.- (1 8$ yr t i N V N ' N 8 N N 8 a N N 8 e7. N N N 8 N N 8 N N N N 8 M 8 N 88 y N N N 8 N 8 N N 8 s V N N • • N 88$8 so a M -17 N a 8 a 8, g a 88 A N N 8 R N 8 H TOTAL COST S 147,575.00 ERROR S :u 70 8 :j N 3 & 8 N N S N 4 N .8 N V 8:535 N N V✓ S V 23838 _ N N N N 8 N 8 N s 3 N - V` V• o a 8� N Vf 5 8 N a N 3 C -' N r N ? N - N -"-'.8 N 8 8 8 N N 8 3 8 8 N N 3 - N 8 N 8 z 8 2 V. N 8 ^ N 14 (Ww V. ..- _ O m C .Cry. 0 b O T. r ... C N O x 9 N N „ r - 8 C O C a L V. . •0 F n ro G cC 6 a YY ^9:: .r M FBI v. u M 4 4 V� i 'Y y1 C - 20.'4,2'0' < 14 4 t < i n n 3 V7 # Y ul w { O L• '+.4 Y .. P. •.s A A X , n is A ..-. �. .. .,- n M1 F. F, ., . .. .. .. .: ., Y .' :a R ry Y• 6 e d ITEM DESCRIPTION Y 5 '. Q :3 IR ? �:^ g- g y s `a 'h I a .:? u° A rw ? 4 A• SF c r �' F is g A .. ° g ^ - :. c 3 .., (~ g 2 , = > Q 5 '-5 . " 5 F Z 0 }`ai g _� • df -F 5/ .,!m Q 4, v'" •7•'.J 'I ' 1 : E .; % i a - `G :1 y ..-. n G g a % D g ` . I - i y 6. 2�,g .; s A z F g _. 2 u r G� 8 ^w4� I $.. . t . S Si• aS Y !ti §7, tit F. r� s X ₹ ' '.`' t '� 4,: y r 3. a 'E Sr, A' A. > c•• A ' R i ;PPi _ s> � t i § s gA i:� ,S1 ,r -; �Y gu'� G, Ac WELD COUNTY PURCHASING 1150 0 Street Room #107, Greeley CO 80631 E-mail: mwalters(&co.weld.co.us E-mail: reverett(cr�co.weld.co.us Phone: (970) 356-4000, Ext 4222 or 4223 Fax: (970) 336-7226 DATE OF BID: JANUARY 27, 2015 REQUEST FOR: EROSION CONTROL & REVEGETATION SERVICES DEPARTMENT: PUBLIC WORKS DEPT BID NO: #81500029 PRESENT DATE: JANUARY 28, 2015 APPROVAL DATE: FEBRUARY 11, 2015 VENDORS GEISMAN SEEDING SERVICE 15813 WCR 5 LONGMONT CO 80504 ALL COWBOY EROSION CONTROL 18277 CR 22 FT LUPTON CO 80621 ENVIRONMENTAL LOGISTICS 1101 EAST 64TH AVENUE DENVER CO 80229 EMR ENTERPRISES LLC P 0 BOX338 BENNETT CO 80102 ARNOLDS AG GROUP 28667 CR 20 KEENESBURG CO 80643 CROSSFIRE LLC 820 AIRPORT RD DURANGO CO 81303 TOTAL BI D AMOUNT $147,565.00 $159,308.10 $161,984.50 $167,335.00 $189,555.00 $291,862.04 *PROJECT SITES, ARE GENERALLY WITHIN A CORRIDOR FROM CR 1 TQCR 77 AND,EROMR12 T!' x;13&' BIDS ARE BEING REVIEWED BY THE PUBLIC WORKS DEPT. 2015-0291 /A2 1-(=oO7 2 C C C In r/y�l ael 4t U RS L O O CC C) bJ U ee O L C C U C O O L C Crossfire, LLC TOT AL PRICEISIS N - _ M "' - _ ry 6��a �, r ✓. 4 4 _ r 8 8 w»w w 8 _ w S w»www 8 w w w»www _ w w w » w .. = » .,www w w «., w r cc w Arnold's Ag Group TOTAL HUE 151 8 8 8 s 8 8 & 8 g S _ > 8 e e 1 S 8 $ 8 s $ 8 8 5 $ 8 8 $ fr $ $ $ 8 8g $ $ tX. „ o' s _ r s ».. 8 e . n w...".. 483 w. w w w w w 2._ ry w 488 ..www R w w a ww o w FAIR Enterprises, LLC n€ fr I 8 8 .7. . 8. 8 8 8 'a _ g n e 5 $ n- 8 g 8 8 1 r 8 v 8 8 n n 8 ER 4 w 8 s 8 8 G 8 -- a s 8 a $$ 8 N TOTAL COST S 16]135,00. ERROR S $161,335.00 y „ w w»wwwwwww w„w"w S @� » w � �Nwww 5 76110! S 680.00'', 4 4 www 8 '- w Enviromenlal Logistics TOTAL PRICE ISI 8 fr € P »„ 8 w» 3 w 8 w 8 w w fr w • 8. 8$ www 8 8 w w fr - w w w 8 8 w„w 8 8 8 w 8$ „» a w $ w &, w w. 0 a _„ 8 „ $ co 8.r .. .. w 8 .. 8 4„ 8 8 8 co .g 8 „ ry w w „ r „ w w 8 8 r w 8 8 8 r N 8 r All Cowboy Erosion Control g g 3 8 ", 8 r S € fr g & 8 3 8 . P s 8 S 3 s r 8 „ 8 8$$ 3 ry 8 8 8 8 , 8 8 8 4 $ TOTAL COST S 155,45110 ERROR 5 (3,855 00) $159,308.10 - 4 w w w - w ».,€w w E w w w a 9 w w 9 w ., - w w w r w 8 w w 3 w 8 w» 8 8 e a' www a a -0 w 8 r w 8 a S w w $ w . Geisman Seeding Service E S 5 €»„» Y w g- 8 S 8 a s, e ee b gg d t8 4 e 8 8 e "' 8888 ee . agS 3 ` a w 8 ". w 88 4 AS $ 4 i w 8$ s w 101/1. COST S 147,595.00 ERROR S 10.00 $141,56500 www w ww..ww w w w„ w w w 2888 $8 wwww w w 88 www T F,] w m » J 2 S = 5 - $ # Y a 3 a 8 m S :-. .. .. 8 s §, z 4 .. .. ry A c. .. Fo r a e a R ITEM DESCRIPTION u5ARIGAND URIIDUIN4 RI M0VAL 01 MAIMTNAN(t Of EROSION ITC (I: NORM FOOT) F ,-3 F 7 * ; a S 4�- 3z 3 8 100505 FROWN I CAiSIL2 ICIIY10 rOOTI s 0 7 B C �' 3 �[ Y = - r F t x a '� _ _ ? a i �''x z _ " 3 I IYDRANJC M EECH (STRAW l (WEED !REFIT 15 IONMATREI Y ' y ii SOT. RETENTION RIAHEM' ISTRA W'COCIINVII 3 CLASS A TR PROVED EQUIVALENT) = z �MODULATION W III]ATAM' NOR hi O W EMT 34 (ITEMS 2021 W WUIRNJ SOUTH OF HWY N (SEEMS 2021 - e s 3 a z F S # C E ! g Y §u { F E '; IRAREIC CONTROL -SEINE RINEY (NO FL TTOMIS) IMOICT)TALI E @- 5 Sz $ Hello