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Home My WebLink About20160620.tiff RESOLUTION RE: APPROVE EMERGENCY BID #61600028, LNG FUELING MOBILE STATION AND WAIVER OF TEN-DAY WAITING PERIOD FOR CONSIDERATION AND INVESTIGATION - DEPARTMENT OF PUBLIC WORKS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Department of Purchasing has requested waiver of the ten-day waiting period for Emergency Bid Request#B1600028, LNG Fueling Mobile Station, for the Department of Public Works, in order to comply with the deadline requirements of the grant funds, and WHEREAS, the Board of County Commissioners deems it advisable to waive the ten-day waiting period for said emergency bid. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the ten-day waiting period for Emergency Bid Request#B1600028, LNG Fueling Mobile Station, for the Department of Public Works, be, and hereby is, waived. BE IT FURTHER RESOLVED by the Board that the low bid from Stabllis Energy, in the amount of$579,720, be, and hereby is, accepted on an emergency basis. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of February, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dietioxi ,/�,� •ok Mike Freeman, Chair Weld County Clerk to the Board ' Sean P. Conway, Pro-Tem BY: '?4%/6,0 OA 7�. / De Clerk to t e Board � ie A. Cozad L7/ -,a, �r1� APPR DA M: 361 ` % ��•`•`�Z�•ara Kirkmey= ounty Attorney it/NI. ♦ I Steve Moreno Date of signature: '7 2016-0620 P00016 C C: PiLL EG0073 NMI IIIIIMPI ciii MEMORANDUM AlT0: Board of County Commissioners U G O U N T Y DATE: February 19, 2016 FROM: Elizabeth Relford, Transportation Manager SUBJECT: Stabilis Energy LNG Contract On Wednesday, February 17th, the Commissioners awarded Bid No. B1600028 to Stabilis Energy in the amount of$579,720 for a turnkey liquefied natural gas (LNG)fueling station to be located on county-owned land in the NFR MPO on the east side of the Weld County Parkway at Holly Avenue. Weld County and Stabilis Energy have negotiated a contract amount of$550,000 for the purchase, installation, and commissioning of the LNG equipment, which is consistent with the available grant funds for the project and the timeline for which the project has to be completed. This project is funded by federal Congestion, Mitigation, Air Quality (CMAQ) program funds from the North Front Range Metropolitan Planning Organization (NFR I MPO)for fiscal year(FY) 2014. Weld County's local match for the project is $86,000 and I the federal funding is for$464,000 for a total project cost of$550,000. The grant deadline for this project is July, therefore, the contract deadline for Stabilis Energy is June 1, 2016. I'm available to answer any questions you may have. Otputiod- V;. `l)( ,I ) 02016- af2a a of 02-02-4- 16' E4.01373 BID REQUEST NO.B1600028 WELD COUNTY DEPARTMENT OF PUBLIC WORKS CONTRACT BID DOCUMENTS FOR INSTALLATION OF EQUIPMENT FOR A LIQUEFIED NATURAL GAS FUELING FACILITY IN THE NFR 8-HOUR OZONE NONATTAINMENT BOUNDARY FEDERAL AID PROJECT NO.CMS 13-HTD-50079, 19232 1861 1!// Ir k- H � r-, COUNTY February 20106 • Weld County Public Works P.O.Box 758 1111 H Street Greeley,Colorado 80632 970-304-6496 TABLE OF CONTENTS The following provisions take precedence over Specifications or Plans and supplement the 2016 edition of the Colorado Department of Transportation"Standard Specifications for Road and Bridge Construction"(Standard Specifications)which is to be used to control construction of this project. WELD COUNTY CONTRACT FORMS: *Low Bidder must submit these forms prior to Contract Award. 'Notice of Award 3 *Agreement 4-13 *Performance Bond 14-15 *Labor and Materials Payment Bond 16-17 Notice to Proceed ............•........-.«.... 18 Change Order ...............»...........19 Certificate of Substantial Completion 20 Lien Waiver 21 Final Lien Waiver 22 Notice of Acceptance 23 FHWA Form 1273 24 1861 1\ r cl---)=� - c� iii\ , r\III I j�� I -r ' /,/ 1/ 1 JT,,Y i GoUNTY __ -2- NOTICE OF AWARD DESIGN/BUILD TURNKEY OPERATION TO INSTALL EQUIPMENT FOR THE NFR LNG FUELING SITE To:Stabilis Enemy Date: February 17,2016 470 Orleans Street,7th Floor Beaumont.TX 77701 Project Description: The project in general consists of a public-private partnership for the purchase and installation of Liquefied Natural Gas(LNG) equipment for a design/build"turnkey" operation for one mobile LNG site to locate Weld County's NFR MPO$-hour ozone nonattainment boundary. This is a Federal-Aid Project administered through CDOT Region 4. The County has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount anus or as shown in the Bid. 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 County will be entitled to consider all your rights arising out of the County's acceptance ofyour bid as abandoned. The County will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the County. Dated this)day of February,2016 III Weld County,Colorado,(County) By Elizabeth ford,Tmnsparta Manager ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by t1t�\i� F.rIer,�►,y S rtihce . ►.i- °�(�. (Contractor) Dated this -Z c.1 day of Cf'Irrn,rikrt{ 2016 By:L Title: IAorriry-, S.s 4 Lociai,c1,6___ -3- t t AGREEMENT AGREEMENT BETWEEN WELD COUNTY&STABILIS ENERGY.LLC DESIGN/BUILD TURNKEY OPERATION TO INSTALL LNG FUELING EOUIPMENT ON WELD COUNTY PROPERTY THIS AGREEMENT is made and entered into this_18_day of_February ,2016,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 Stabilis Enerav Services LLC,a limited liability corporation,who whose address is 470 Orleans Street.7th Floor. Beaumont.TX 77701, hereinafter referred to as"Contractor". WHEREAS,Weld County seeks installation of a turnkey LNG mobile fueling station,(hereinafter referred to as the Project"),and WHEREAS,in the interests of public health,safety and welfare,it is necessary to undertake the improvements of this intersection,and WHEREAS,County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit A; WHEREAS,Contractor is willing to perform and has the specific ability to perform the construction services set forth in Exhibit B at or below the cost set forth in Exhibit B; WHEREAS,the County will either self-perform or retain another contractor to perform those construction services required by County in Exhibit A that are not specifically included in Exhibit B; WHEREAS,Contractor is authorized to do business in the State of Colorado and has the time,skill,expertise, and experience necessary to provide the equipment,materials and services as set forth below; NOW,THEREFORE,in consideration of the mutual promises and covenants contained herein,the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B,each of which forms an integral part of this Agreement Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. However, in the event of any conflicts between this Agreement, Exhibit A or Exhibit B,this Agreement will control over Exhibits A and B and Exhibit B will control over Exhibit A. Exhibit A consists of County's Request for Bid(RFP)as set forth in"Bid Package No.B16200028".The RFP contains all of the specific requirements of the County. Exhibit i3 consists of Contractor's Response to County's Request for Bid.The Response confirms Contractor's obligations under this Agreement. Exhibit B and Section 2 below define Contractor's actual Scope of Work,which County acknowledges and agrees is not as broad as Exhibit A. 2. Service or Work. Contractor agrees to perform the following work or services,and County agrees that Contractor's Scope of Work is expressly limited to the following work or services: -a- a. Procure Materials for Site Construction. Contractor will procure materials for the construction of the Project site up toe maximum amount of$309,500.00 in the cost of such materials, including any transportation costs,plus ten percent(10%)of such costs. County will be solely responsible for determining the type,amount and characteristics of the construction materials. County will issue an itemized list of the construction materials to be procured concurrently with the issuance of the Notice to Proceed. County will be solely responsible for the proper and timely construction of the Project site using said materials. Contractor makes no representation or warranty that all materials necessary for the construction of the Project site may be procured for the amount specified above,and County expressly assumes all risk that the cost of materials for the construction of the Project site may exceed the amount specified. b. Electrical Installation. Contractor will procure the materials, equipment and/or products necessary to and agrees to diligently provide all services,labor,personnel and materials necessary to install above ground and underground electrical from the line side of the three-phase electrical transformer(provided by others)to the mobile fueler at the Project site in accordance with Section V of Exhibit B. c. Installation and Provision of Mobile Fueler. Contractor will sell to County and install at the Project site one used liquefied natural gas mobile fueler in accordance with Exhibit B which is attached hereto and incorporated herein by reference. In performing the above work and services,Contractor shall coordinate with,the Weld County Director of Public Works or other designated supervisory personnel,(the"Manager"). However,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 services of a similar nature to those described in this Agreement.Contractor shall further be responsible for the timely completion,and acknowledges that a failure to comply with the standards and requirements of Exhibit 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. Additional extensions will be granted for delays occurring as a result of inclement weather,inadequate or untimely prior work performed by others and such other occurrences that are beyond the reasonable control of Contractor. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 3. Tenn. 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 final commissioning of the mobile fueler and acceptance by County. 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 and services 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 and paid for 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, -5- ■sri 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. a. Initial Fee. County will pay Contractor,$20,000.00 immediately upon receipt of Contractors acceptance of the Notice to Proceed(the"Initial Payment')as Contractor's initial fee for its services, which is deemed fully earned and non-refundable. b. Payment for Procurement of Construction Materials. County will pay Contractor for the procurement of construction materials in accordance with Section 2.a.above pursuant to this provision. Immediately upon receipt of Contractor's acceptance of the Notice to Proceed,County will pay Contractor an additional sum of$309,500.00 for the procurement of construction materials. Contractor is under no obligation to incur costs for such construction materials that would result in charges to County in excess of the Deposit amount,but in the event it does so at the request of County,County will pay such additional costs plus ten percent(10%)to Contractor immediately upon receipt of Contractor's invoice for the same. c. Electrical Installation and Installation and Provision of Mobile Fueler. Upon Contractor's successful completion of its Scope of Work for the Project described in Sections 2.b and 2.c above,and County's acceptance of the same,County agrees to pay Contractor the additional sum of$220.500.00. Contractor acknowledges no payment in excess of that amounts specified above 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. Except as specifically provided in this Agreement,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 total sum of$550,000.00. 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 -6- 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 does hereby consent to Contractor's use of Tarpon Energy Services,LLC as a subcontractor on the Project. 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. 8. 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. Construction Services 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. Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. The foregoing warranties shall expire one year following final inspection and acceptance of Contractor's Scope of Work for the Project. This warranty applies to only those construction services performed by Contractor pursuant to its Scope of Work described in Section 2.b above. Mobile Fueler Warranty. County acknowledges and agrees that the mobile fueler to be installed is in a used condition and may not operate as well as a new unit. Notwithstanding any other warranty herein,Contractor only warrants that the mobile fueler will be free of defects in materials and workmanship for a period of one year following its commissioning. If any part or portion of the mobile fueler fails to conform to the warranty within the warranty period,Contractor,at its option,will furnish parts for repair or replacement of that portion or part. This warranty coverers the cost of such parts only,and any costs for labor,freight,travel or other costs are specifically excluded. Any damages or defects arising from misuse,abuse,or negligence of County or any third person not under the control of Contractor are also specifically excluded from such warranty. The -7- foregoing shall be County's sole and exclusive remedy for any warranty claim regarding the mobile fueler. ALL OTHER WARRANTIES DISCLAIMED. THE ONLY WARRANTIES PROVIDED BY CONTRACTOR ARE THOSE SPECIFICALLY SET FORTH IN THIS AGREEMENT.CONTRACTOR PROVIDES NO OTHER WARRANTIES OR REPRESENTATIONS,AND COUNTY DISCLAIMS ANY RELIANCE ON ANY OTHER STATEMENTS OR REPRESENTATIONS OTHER THAN THOSE SPECIFICALLY SET FORTH IN THIS AGREEMENT. IN PARTICULAR BUT WITHOUT LIMITATION CONTRACTOR MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE CONSTRUCTION MATERIALS PROCURED PURSUANT TO SECTION 2.A ABOVE AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS AS TO THE SAME. CONTRACTOR SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES OR REPRESENTATIONS,EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO ANY MP WARRANTIES OF MERCHANTABILITY WORKMANSHIP,MARKETABILITY,SUITABILITY OR IMPLIED , FITNESS FOR A PARTICULAR PURPOSE. 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. .g- 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. THE COUNTY AGREES TO RELEASE, INDEMNIFY,DEFEND AND HOLD CONTRACTOR,ITS OFFICERS, AGENTS,AND EMPLOYEES HARMLESS FROM ANY LOSS,COST,DAMAGE, PENALTY,FINE OR BODILY INJURY(INCLUDING DEATH)OF WHATSOEVER KIND OR NATURE ARISING OUT OF OR INCIDENTAL TO COUNTY'S PERFORMANCE UNDER THIS AGREEMENT, USE OR CONSTRUCTION OF THE PROJECT BUT ONLY TO THE EXTENT SUCH RESULT FROM THE NEGLIGENCE OR OTHER FAULT OF THE COUNTY OR ITS OTHER CONTRACTORS,TO THE EXTENT PERMITTED BY LAW,THE COUNTY AGREES TO RELEASE,INDEMNIFY,DEFEND AND HOLD CONTRACTOR, ITS OFFICERS, AGENTS,AND EMPLOYEES HARMLESS FROM ANY LOSS,COST,DAMAGE,PENALTY, FINE OR BODILY INJURY(INCLUDING DEATH)OF WHATSOEVER KIND OR NATURE ARISING OUT OF OR INCIDENTAL TO COUNTY'S PERFORMANCE UNDER THIS AGREEMENT,USE OR CONSTRUCTION OF THE PROJECT BUT ONLY TO THE EXTENT SUCH RESULT FROM THE NEGLIGENCE OR OTHER FAULT OF THE COUNTY OR ITS OTHER CONTRACTORS. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT,SPECIAL, INCIDENTAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES,ARISING OR ALLEGED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT,HOWEVER OCCURRING,WHETHER ARISING IN LAW, IN EQUITY OR OTHERWISE, EVEN IF MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. Tvoes 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) Statutory Coverage B(Employers Liability) $ 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 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, .g. us► 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 $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 - 10- suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages.Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors,independent Contractors,sub-vendors suppliers or other entities upon request by the County. 14. Non-Assignment.Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder,without the prior written approval of County.Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall,at the option of County,automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records. To the extent required by law,the Contractor agrees that any duly authorized representative of County,Including the County Auditor,shall have access to and the right to examine and audit any books,documents,papers and records of Contractor,involving all matters and/or transactions related to this Agreement.The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. Interruptions.Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement,where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God,fires,strikes,war,flood,earthquakes or Governmental actions. 17. Notices. County may designate, prior to commencement of work, its project representative("County Representative")who shall make,within the scope of his or her authority,and all necessary and proper decisions with reference to the project. All requests for contract interpretations,change orders,and other clarification or instruction shall be directed to County Representative.The County Representative for purposes of this Agreement is hereby identified as Elizabeth Relford,Transportation Manager. All notices or other communications(including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt;or b) five(5)days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract;or c) electronic transmission via email at the address set forth below,where a receipt or acknowledgment is required by the sending party;or Either party may change its notice address(es)by written notice to the other. Notification Information: Contractor.Stabills Energy Attn.:Alexine Hazarian,Manager Supply and Logistics Address:700 17th Street,24th Floor Address:Denver,CO 80202 E-mail:alexine.hazarian@stabilisenergy.com County; Name: Elizabeth Relford Position: Transportation Manager Address: P.O.Box 758 Address: 1111 H Street,Greeley,CO. 80632-758 E-mail: erelford@weldgov.com Facsimile: (970)304-6497 18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws,rules and -11- V 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 - 12- 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(5Xc). 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 shad 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 identihc ation 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)shaft produce one of the forms of identification required by C.R.S.§24-76.5-103 prior to the effective date of the contract. 29. Official Engineering Publications, Contractor acknowledges and agrees that the Colorado Department of Transportation"Standard Specifications for Road and Bridge Construction"and the Colorado Department of Transportation Standard Plans'M&S Standards"establish the requirements for all work performed by Contractor under this Agreement,and Contractor agrees to meet or exceed all standards set by these publications as applicable.Contractor further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount 30. Attorneys Fees/Leaal Costs. In the event of a dispute between County and Contractor,concerning this Agreement,the parties agree that each party shad be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 31. Binding Arbitration Prohibited:Weld County does not agree to binding arbitration by any extra-judicial body or person.Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 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 094 day of Ceiewtwarki ,2016. i i -13- Adianienimmmaimmomm CONTRACTOR: E L-tiorrrt Sex. roo t !A' By: O ---A--t _ Date: ''i 1^l -i r t -&laoL�o Name: ta\o,r,-Z? Title:k^-k_ • i tsn. WELD COUNTY: ATTEST: - �w BOARD OF COUNTY COMMISSIONERS Weld C ego Td"'"' WELD COUNTY,COLORADO BY: Deputy - to t 1 1 Mike Freeman,Chair FEB 2 4 2016 APPROVED AS T• FU DING. 46 -., .; '� APPR VED AS T STA E. Controller ��J ', E Department Head ZuPROVE S TO FORM:f/l f/k. W 'WW1 DttAtet0 nty Attorney Director of General Services 14 o?D/lam- O41:?D • PERFORMANCE BOND (Page 1 of 2) DESIGN/BUILD TURNKEY OPERATION TO INSTALL EOUIPMENT FOR THE NFR LNG FUELING SITE KNOW ALL MEN BY THE PRESENTS;that STABILIS ENERGY SERVICES LLC (Name of Contractor) 470 ORLEANS ST..7Trr FLOOR (Address of Contractor) STABILIS ENERGY SERVICES LLC hereinafter called Contractor,and a(Corporation,Partnership,or Individual) NAS SURETY GROUP (Name of Surety) 5487 San Felipe St,Suite 1700 Houston.TX 77057 (Address of Surety) hereinafter called surety,are held and firmly bound unto Weld County.Colorado (Name of County) P.O.Box 758. 1111 H Street,Greeley,Colorado 80632 (Address of County) hereinafter called County, in the penal sum of TWO HUNDRED TWENTY THOUSAND FIVE HUNDRED Dollars,(5 220,500 ), in lawful money of the United States of America,for the payment of which sum well and truly to be made,we bind ourselves,successors and assigns,jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas,the Contractor entered into a certain Contract with the County,dated the 18 day of FEBRUARY 2016,a copy of which is hereto attached and made a part hereof for the construction of: DESIGN/BUILD TURNKEY OPERATION TO INSTALL EQUIPMENT FOR ONE MOBILE LNG FUELING SITE described in the Invitation for Bids,Bid No.B1600028. 1600028. NOW THEREFORE, if the Contractor shall well,truly and faithfully perform its duties,all of the undertakings,covenants,terms, conditions,and agreements of said contract during the original term thereof,and any extensions thereof which may be granted by the County,with or without notice to the Surety and during the one year guaranty period,and if he shall satisfy all claims and demands incurred under such contract,and shall fully indemnify and save harmless the County from all costs and damages which it may suffer by reason of failure to do so,and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default,then this obligation shall be void;otherwise to remain in force and effect PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED,FURTHER,that no final settlement between the County and the Contractor shall abridge the right of any beneficiary hereunder,whose claim may be unsatisfied. _ 14_ PERFORMANCE BOND (Page 2 of 2) DESIGN/BUILD TURNKEY OPERATION TO INSTALL EQUIPMENT FOR THE NFR LNG FUELING SITE IN WITNESS WHEREOF,this instrument is executed in five(5)counterparts,each one of which shall be deemed an original, this day of 2016. Contractor By (Contractor)Secretary (SEAL) (Witness as to Contractor) (Address) (Address) ATTEST: (Surety)Secretary (SEAL) By Witness as to Surety Attorney-in-Fact (Address) (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership,all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list(Circular 570 as amended)and be authorized to transact business in the State where the Project is located. - I5- LABOR& MATERIALS PAYMENT BOND DESIGN/BUILD TURNKEY OPERATION TO INSTALL EOUIPMENT FOR THE NFR LNG FUELING SITE KNOW ALL MEN BY THE PRESENTS;that STABILIS ENERGY SERVICES LLC (Name of Contractor) 470 ORLEANS ST.,7Trr FLOOR (Address of Contractor) STABILIS ENERGY SERVICES LLC hereinafter called Contractor,and a (Corporation,Partnership,or Individual) NAS SURETY GROUP (Name of Surety) 5487 San Felipe St,Suite 1700 Houston.TX 77057 (Address of Surety) hereinafter called surety,are held and firmly bound unto Weld County,Colorado (Name of County) P.O.Box 758, 1111 H Street,Greeley,Colorado 80632 (Address of County) hereinafter called County,in the penal sum of Dollars,(S ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns,jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas,the Contractor entered into a certain Contract with the County, dated the day of ,2016, a copy of which is hereto attached and made a part hereof for the construction of: DESIGN/BUILD TURNKEY OPERATION TO INSTALL EQUIPMENT FOR ONE MOBILE LNG FUELING SITE described in the Invitation for Bids,Bid No.BI600028. NOW,THEREFORE,if the Contractor shall promptly make payment to all persons,firms,Subcontractors,and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof,including all amounts due for materials,lubricants,oil,gasoline,repairs on machinery,equipment and tools, consumed or used in connection with the construction of such Work,and all insurance premiums on said Work,and for all labor, performed in such Work whether by Subcontractor or otherwise,then this obligation shall be void;otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change,extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED,FURTHER,that no final settlement between the County and the Contractor shall abridge the right of any beneficiary - 16- hereunder,whose claim may be unsatisfied. _l7_ LABOR& MATERIALS PAYMENT BOND DESIGN/BUILD TURNKEY OPERATION TO INSTALL EQUIPMENT FOR THE NFR LNG FUELING SITE IN WITNESS WHEREOF,this instrument is executed in five(5)counterparts,each one of which shall be deemed an original, this day of ,2016. Contractor By (Contractor)Secretary (SEAL) (Witness as to Contractor) (Address) (Address) ATTEST: (Surety)Secretary (SEAL) By Witness as to Surety Attorney-in-Fact (Address) (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership,all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list(Circular 570 as amended)and be authorized to transact business in the State where the Project is located. - 18- MS NAS SURETY GROUP PERFORMANCE BOND North American Specialty Insurance Company Washington International Insurance Company North American Elite Insurance Company Bond No. 2196787 KNOW ALL MEN BY THESE PRESENTS:That Stabilis Energy Services LLC (Insert name and address,orlegal Iitie,of contractor) 470 Orleans Street, 7th Floor, Beaumont, TX 77701 as Principal, hereinafter called Contractor,and North American Specialty Insurance Company ,as Surety, hereinafter called Surety,are held and firmly bound unto Weld County, CO (Insert name and address,or legal lte,of owner) 1150 O Street, Greeley, CO 80631 as Obligee,hereinafter called Owner in the amount of Two Hundred Twenty Thousand Five Hundred Dollars and 00/100 Dollars($220,500.00 )for the payment whereof Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,Contractor has by written agreement dated entered into a Contract with Owner for turnkey purchase, installation, commissioning &operation of LNG fueling equipment in accordance with drawings and specifications prepared by (Inserl full name and tNa) which Contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION Is such that,if Contractor shall promptly and faithfully perform said Contract,then this obligation shall be null and void;otherwise it shall remain in full force and effect. Whenever Contractor shall be,and declared by Owner to be in default under the Contract,the Owner having performed Owner's obligation thereunder,the Surety may promptly remedy the default,or shall promptly 1) Complete the Contract in accordance with its terms and conditions,or 2) Obtain a bid for submission to Owner for completing the Contract in accordance with its terms and conditions,and upon determination by Owner and Surety of the lowest responsible bidder,arrange for a contract between such bidder and Owner and make available as work progresses(even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph)sufficient funds to pay the cost of completion less the balance of the contract price;but not exceeding,including other costs and damages for which the Surety may be liable hereunder,the amount set forth in the first paragraph hereof. The term"balance of the contract price,"as used in this paragraph,shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto,less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two(2)years from the date on which Contractor ceases work on the Contract. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs,executors,administrators or successors of Owner. Signed, sealed and dated February 16, 2016 Stabilis Energy Services LLC By North American Specialty Insurance Company Surety By Attorney-In-Fact Kristin Darling Surety Phone No. 800-338-0753 Rev 5/1/03 MS NAS SURETY GROUP PAYMENT BOND North American Specialty Insurance Company Washington International Insurance Company North American Elite Insurance Company NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH ANOTHER BOND IN FAVOR OF THE OWNER CONDITIONED FOR THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT. 2196787 Bond No. KNOW ALL MEN BY THESE PRESENTS That Stabilis Energy Services LLC (Here Insert the name and address,or legal title,of the contractor) 470 Orleans Street,7th Floor, Beaumont,TX 77701 as Principal, hereinafter called Principal,and North American Specialty Insurance Company ,as Surety, hereinafter called Surety,are held and firmly bound Weld County. CO (Here Insert the name and address,or legal title,of the owner) 1150 O Street, Greeley, CO 80631 , as Obligee, hereinafter called Owner,for the use and benefit of claimants as herein below defined, in the amount of Two Hundred Twenty Thousand Five Hundred Dollars and 00/100 Dollars($220,500.00 ),for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS,Principal has by written agreement dated entered into a Contract with Owner for turnkey purchase, installation, commissioninq&operation of LNG fueling equipment in accordance with drawings and specifications prepared by (Here insert lull name and title) which Contract is by reference made a part hereof,and is hereafter referred to as the Contract. NOW, THEREFORE,THE CONDITION OF THIS OBLIGATION is that if the Principal shall promptly make payment to all claimants as hereinafter defined,for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void;otherwise it shall remain in full force and effect, subject,however,to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with the sub-contractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal, and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined,who has not been paid in full before the expiration of a period of ninety(90)days after the date on which the last of such claimant's work or labor was done or performed,or materials were furnished by such claimant, may sue on this bond for the use of such claimant in the name of the Owner, prosecute the suit to final judgment for such sums as may be justly due claimant, and have execution thereon, provided, however, that the Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant. a) Unless claimant shall have given written notice to any two of the following:The Principal,the Owner,or the Surety above named,within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety,at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located,save that such service need not be made by a public officer. b) After the expiration of one(1)year following the date on which Claimant ceased work on said Contract. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project,or any part thereof,is situated,and not elsewhere, 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed or record against said improvements, whether or not claim for the amount of such lien be presented under and against this bond. Signed,sealed and dated February 16, 2016 Stabilis Energy Services LLC By North American Specialty Insurance Company Surety By Attorney-in-Fact Knsttn Darling Rev 5/1/03 Surety Phone No. 800-338-0753 NOTICE TO PROCEED DESIGN/BUILD TURNKEY OPERATION TO INSTALL EQUIPMENT FOR THE NFR INC FUELING SITE To:Stabilis Energy Services LLC Date: 470 Orleans Street,7th Floor Beaumont,TX 77701 Name of Project: DESIGN/BUILD TURNKEY OPERATION TO INSTALL EQUIPMENT FOR ONE MOBILE LNG FUELING SITE described in the Invitation for Bids,Bid No.B1600028. You are hereby notified to commence Work in accordance with the Agreement dated February 18,2016 . The Contract Time allowed in the Agreement is 365 calendar days. The substantial completion date for all Work is therefore June 1.2016 . Weld County,Colorado,(County) By: Elizabeth Relford,Transportation Manager ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: (Contractor) Dated this day of 2016. By Title - 19_ Exhibit A County's Request for Bid(RFP) REQUEST FOR BID ` WELD COUNTY, COLORADO a'�j .-Hrt, ;✓7J� • 1150 O STREET ' -1$ = ` GREELEY, CO 50631 of C ) '��. �ft M DATE:January 20,2016 BID NUMBER: 61600028 DESCRIPTION:Turnkey Purchase, Installation, Commissioning&Operation of LNG Fueling Equipment MANDATORY PRE-BID CONFERENCE DATE:January 27,2016 BID OPENING DATE: February 10,2016 at 10:00 a.m. 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Director of General Services(collectively referred to herein as,"Weld County"),wishes to purchase,install and commission Liquefied Natural Gas(LNG) Fueling Equipment to fuel LNG Fleet vehicles. The project in general consists of a turnkey LNG facility to be located on Weld County property for fueling of heavy duty LNG trucks. A mandatory pre-bid conference will be held at 10:00 a.m., on January 27, 2016, 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 O Street Room #107 Greeley CO 80631 until:1000am.on February 10.2016!Weld County Purchasing Time Clock). PAGES 1 - 12 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 - 12 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 12. 2. INVITATION TO BID: Weld County requests bids for the purchase of the above-listed merchandise, equipment, and/or services. Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts,and shall,in every way,be the total net price which the bidder will expect the Weld County to pay if awarded the bid. Merchandise and/or equipment shall be delivered to the location(s)specified herein. You can find bid information on the Weld County Purchasing website at htto://www.co.weld.co.uslDeoartments/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. BID NO#81600028 • Page 1 flirt Delivery to Weld County— 3 method.% 1. Email. Emalled bids are preferred. Bids mettle e'inailed_to: ti i d=s@ WI[d.g 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. 3. 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 on behalf of a corporation shall be fumished. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bids may be withdrawn upon written request to and approval of the Weld County Director of General Services; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1., entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Director of General Services for the premature opening of a bid not properly addressed and identified. 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. 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: BID NO#B1600028 Page 2 Experience and performance records on similar work. Ability to complete the Work within the Contract Time. • Familiarization with the Work: Before submitting his Bid, each prospective Bidder shall familiarize himselfwith the Work,the site where the Work is to be performed,local labor conditions and all local,state and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. He shall carefully correlate his observations with requirements of the Contract Documents and Drawings and otherwise satisfy himself of the expense and difficulties attending performance of the Work. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this paragraph. Interpretation of Contract Documents to Prospective Bidders: Any prospective Bidder who discovers ambiguities or is in doubt as to the true meaning of any part of the Contract Documents or Drawings shall make a requesttothe Engineer for an interpretation thereof. Interpretations will be made only by Addenda, duly issued, and copies of each Addendum will be mailed or delivered to each Contract Document holder of record. Unless approved by the Director of General Services, no interpretation Addenda will be issued within the last seven (7) days before the date set for opening of Bids. The Bidder shall be solely responsible for any interpretation of the Contract Documents or Drawings other than by duly issued Addenda. Preparation of the Bid: Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Bids by partnerships must be executed in the partnership name and signed by a partner. His title must appear under his signature and the official address of the partnership must be shown below the signature. Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Names of all persons signing must be printed below their signatures. A power of attomey 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 DiedrxcfGemeralSenic smay at his sole discretion, release any Bid at any time. 4. AWARD AND EXECUTION OF CONTRACT Basis of Award: Only firm Bids will be considered. The award of the Contract,if it is awarded,will be to the lowest responsible bidder whose Bid compares favorably upon evaluation with other Bids. Weld County intends to award the Contract to the lowest responsible Bidder within the limits of funds available and to best serve its interests. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. Evaluation of Bids: The evaluation of Bids will include consideration of Subcontractors and suppliers. All Bidders shall submit a list of all Subcontractors he expects to use in the Work with the Bid. The 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. BID NO#B1600028 Page 3 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. 5. PERFORMANCE,LABOR, MATERIAL AND PAYMENT BOND The successful Bidder shall be required to execute the Performance Bond and Labor & Materials Payment Bond in the amount of 100% of the Contract plus the value of the force account items, covering the faithful performance of the Contract and the payment of all obligations arising there-under.The Bonds shall be executed on the forms included with the Contract Documents by a surety company authorized to do business in the State of Colorado and acceptable as surety to Weld County. The Bidder shall deliver the Bonds to the Owner not later than the date of execution of the Contract. 6. INDIRECT COSTS Governmental Fees: The cost of all construction licenses building and other permits and governmental inspections required by public authorities for perforating 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, Willey,gas,telephone,and similar facilities and services required by him in performing the Work. Cash Allowances: The Bidder shall include in his Bid such sums as he deems proper for overhead costs and profits on account of cash allowances named in the Bid Documents. 7. SITE CONDITIONS Familiarization with the Site: The prospective Bidder shall by careful examination, satisfy himself of the following: Nature and location of the site where the Work is to be performed. Character, quality, and quantity of surface and subsurface materials,water, structures and utilities to be encountered. Character of construction equipment and facilities needed for performance of the Work. General local conditions. Availability of lands as set forth in the General Conditions. BID NO #81600028 Page 4 Access to the Site: The Bidder shall carefully review the Drawings and the Project Special Conditions for provisions concerning access to the site during performance of the Work. The Bidder shall carefully review the locations of the site where the work is to be performed. The Bidder shall make all arrangements,as deemed necessary,for access to property outside of County Right of Way, prior to beginning the work. 8. SUCCESSFUL BIDDER HIRING PRACTICES—ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E-Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E-Verify Program or State of Colorado program procedures to undertake pre-employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three(3)days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three(3)days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall,within twenty days after hiring a new employee to perform work under the contract,affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee,and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S.§24-76.5-103(3),if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a)is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law,(b)shall produce one of the forms of identification required by C.R.S.§24-76.5- 101, et seq., and (c)shall produce one of the forms of identification required by C.R.S. §24-76.5-103 prior to the effective date of the contract. 9. GENERAL PROVISIONS A. Fund Availability: Financial obligations of the Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid,Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. BID NO#B1600028 Page 5 B. Confidential Information: Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity,Weld County must comply with the provisions of C.R.S. 24-72-201, et seq.,with regard to public records, and cannot guarantee the confidentiality of all documents. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Govemmental Immunity Act§§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor:The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes(if applicable) incurred pursuant to the contract.The successful bidder shall not have authorization,express or Implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth In the contract.The successful bidder shall have the following responsibilities with regard to workers'compensation and unemployment compensation insurance matters: (a)provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law,and (b)provide proof thereof when requested to do so by Weld County. E. Compliance with Law:The successful bidder shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation,execution, and enforcement of the contract.Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third Party Beneficiary Enforcement It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees!Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract,the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. BID NO#B1600028 Page 6 J. Procurement and Performance;The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall faithfully perform the work in accordance with the standards of professional care, skill, training,diligence and judgment provided by highly competent contractors performing construction services of a similar nature to those described in this Agreement.The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement,with or without cause on thirty(30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: My amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services,whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement,The successful bidder's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. N. Subcontractors: The successful bidder acknowledges that County has entered Into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent,which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor,to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right(but not the obligation)to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process.The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. 0. Warranty, Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project. BID NO#B1600028 Page 7 • P. Non-Assignment The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control,including but not limited to Acts of God,fires, strikes, war,flood,earthquakes or Governmental actions. R. Non-Exclusive Agreement This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest—C.R.S. §§2418-201 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 performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result,in County's sole discretion,in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. 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. V. Compensation Amount Upon the successful bidder's successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a °change order' authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement 10. INSURANCE REQUIREMENTS General Requirements: Successful bidders/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the BID NO#81600028 Page B Agreement,or any extension thereof,and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as °A°VIII or better. Each policy shall contain a valid provision or endorsement stating"Should any of the above-described policies by canceled or should any coverage be reduced before the expiration date thereof,the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty(30)days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten(10) days prior. If any policy is in excess of a deductible or self-insured retention, County must be notified by the Successful bidder/Contract Professional. Successful bidder/Contract Professional shall be responsible for the payment of any deductible or self-insured retention. County reserves the right to require Successful bidder/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self-insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess Its own risks and if it deems appropriate and/or prudent,maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder/Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. 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 BID NO#B1600028 Page 9 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) Statutory Coverage B (Employers Liability) $ 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, 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 $500,000 errors and omissions. $5,000 Medical payments one person Automobile Liability: Successful bidder/Contract Professional shall maintain limits of$1,000,000 for bodily injury per person,$1,000,000 for bodily injuryforeach accident,and$1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non-owned vehicles used in the performance of this Contract. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies,if the policy is a claims-made policy,the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County,whichever is earlier. Successful bidders/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement,and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage,in form and company acceptable to and approved by said Administrator,covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the successful bidder/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. BID NO#B1600028 Page 10 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. A provider of Professional Services (as defined in the Bid or RFP) shall provide the following coverage: Professional Liability: Contract Professional shall maintain limits of $1,000,000 for each claim, and $2,000,000 aggregate limit for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services provided by the successful bidder as part of the Contract. Successful Bidders Pollution Liability Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions(including asbestos)that may arise from the operations of the successful bidder described in the Successful bidder's scope of services. Policy shall cover the successful bidder's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke,vapors,fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims-made basis, the successful bidder warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three(3)years beginning from the time that work under this contract is completed. The policy shall be endorsed to Include the following as Additional Insureds: "Weld County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials,trustees, employees,agents,and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Successful bidder, including completed operations". Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 1,000,000 The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. • BID NO#B1600028 Page 11 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: Weld County is seeking individual proposals from highly qualified firms interested in a turnkey purchase, installation, commissioning and operation of one liquefied natural gas (LNG) mobile fueling station. This equipment shall be located in the North Front Range Metropolitan Planning Organization (NFR MPO) 8-hour ozone nonattainment boundary on Weld County property and is intended to be used by Public Works vehicles. The contract will be awarded by and be with Weld County. The scope of work is for the installation and construction of one complete LNG fueling site. The selected Contractor shall be responsible for delivering a complete "turnkey" facility, including design and engineering, permitting, civil and other improvements to the site, equipment procurement and installation, start-up and testing, commissioning, and training of personnel. The Contractor shall also be responsible for ensuring the design of the facility and equipment complies with all codes and regulations in effect at the time of station permitting. The selected Contractor shall provide a one- year full warranty on all equipment as identified in Section 9.O. covered under this proposal, as well as all service and operating manuals, and a complete set of AutoCAD-based"As Built"drawings for owner/operator. The purpose of this document is to describe the minimum equipment and services required by Weld County. It is the responsibility of the Proposer to understand and comply with all applicable municipal, county, state, and federal codes, laws, ordinances, standards, rules and Weld County supplements in force at the time of facility commissioning. Every effort has been made to provide accurate information in this RFP. Should significant conflicts between these written specifications, the preliminary design drawings, code requirements, standard industry practices, and/or available equipment be identified by the Contractor, the Contractor shall notify the County in writing immediately upon discovery. SCOPE OF WORK: The construction project will be awarded as a "design/build" project, and the selected Contractor shall be responsible for delivering a complete"turnkey"facility on Weld County's property(location to be provided at the mandatory pre-bid meeting). The overall facility shall be designed for fleet use, and operational 24 hours a day, 7 days a week, 365 days a year. The facility shall be designed with space, connections, and sufficient electrical capacity to accommodate fueling,lighting,or any other equipment as needed. The County will be the owner of these facilities. SPECIFICATIONS: Following are the required specifications for the LNG fueler and should be included in the Contractor's bid costs for this project: 1. Contractor shall provide a letter of intent demonstrating how the LNG mobile delivery system can be installed and operational by June 1,2016. Such system shall meet the needs of a minimum of 9 LNG trucks which use on average 7,000 DGE annually. County fleet trucks typically use more fuel in the summer and less in the winter. 2. Contractor shall demonstrate how the project will be a complete design/build turnkey operation, on Weld County's property. The station sites may be unmanned facilities as long as they remain open and can be accessed by a card reader 24 hours a day. 3. A detailed description of the how the project will be managed to ensure meeting a construction deadline of four months from notice to proceed can occur. 4. Submittal of cost proposal page with total price for complete system,plus an itemized cost to maintain the system for three years. 5. Contractor shall demonstrate and assert an equipment design and maintenance plan. 6. Contractor responsible for connection of all necessary gas, electrical, and other utility services required for this project 7. Construction including site work, fencing, demolition/relocation activities (if needed), civil and electrical improvements, and equipment installation. 8. A detailed description of the LNG mobile fuel system, including the functional capabilities of the equipment as it relates to the bid specifications. Include a list of the individual equipment components, their size and performance ratings. Each bidder should include preliminary drawings BID NO#B1600028 Page 12 or plans of the LNG site along with brochures or cut sheets of the equipment they identifying the proposed equipment,which shall also include the equipment manufacturer(s) information. 9. Demonstrate your equipment shall include at a minimum, double walled, vacuum insulated, electronically controlled, mobile liquefied natural gas delivery system. • 10. Demonstrate electrical system redundancy and define the system components life expectancy and how they affect system reliability. 11.Fuel management connection equipment(fuel transfer equipment)should be included In the proposal cost. 12. Card reader dispenser. It is the County's intent to connect the card reader to the existing County Gasboy software system. The dispenser shall incorporate a backlit LCD point-of-sale display for the fuel unit price, equivalent gallons and total amount of fuel dispensed. The dispenser's display shall be properly designed to provide full visibility both day and night. 13. Demonstrate your equipment has a gross (cold) capacity of 6,000 gallons and minimum allowable working pressure of 140 psig. 14. In order to ensure continuous motor fuel supply, you must demonstrate your ability to provide a continuous bulk fuel supply year round. In accordance with the Weld County Smart Energy Plan, It is Weld County's preference to utilize Weld County LNG fuel unless some extenuating circumstance cannot allow for it. Provide your re-filling schedule with the proposal. 15.The bid price shall include installation costs, permitting authorization, etc. and compliance with applicable Federal, State, and Municipal Codes. 16.The successful bidder agrees to enter into a three year fuel and equipment maintenance agreement to be reviewed annually. 17.A Maintenance Plan is required and the Contractor shall provide the expected availability or down time for expected maintenance. 18.Contractor shall submit cut sheets identifying the proposed equipment and shall also include the equipment manufacturer(s) information. 19.Contractor shall be responsible for commissioning,startup,training, and demonstration of the facility. If any spare/future conduits are installed they shall be capped and sealed at each end a minimum of 6"above grade and protected from impact, and shall include installed pull strings. The following project items in this list must be included in the bid proposal in order to be considered responsive. The contractor must include a checklist with these items in their bid proposal and failure to include all the listed forms, schedules, letters, and maps as part of the proposal will result in bid rejection: 1. A cover letter briefly describing the system and the equipment being proposed including complete pricing, projected cost for a Diesel Gallon Equivalent (DGE), how you define a DGE, and delivery information. Proposal to include a demonstration of how the LNG price will be calculated, including a breakdown detailing the commodity purchase price, taxes, operating expenses and capital recovery. In addition, any excise tax incentives received from the government must be reflected in the purchase price at the site. 2. A site plan or an aerial photo/picture labeling the proposed equipment location on the station site. In addition, the site plan shall be legible on an 11"x17" layout and Contractor shall assert the site is able to accommodate the required equipment, and all types of vehicle traffic flow, including trucks. 3. Contractor shall provide requested data to the County to comply with annual CMAQ program reporting requirements and documentation for at least 5 years from the date of project completion. This information will be further discussed with the successful bidder. However, some example reporting requirements may include project description, project completion date, annual amount of fuel dispensed, and air quality benefit calculations for 8-hr ozone,VOCs, NOx, PM10, COz,and CO. 4. Contractor shall provide a written statement asserting the LNG Fueling Station shall be operational 24/7 for 365 days a year. It is the Contractor's responsibility to assert how this specification will be met should fuel not be available or a generator is not included with the proposal. 5. Weld County is the recipient of certain grants to assist in funding this contract. Bidders are advised that as a sub-recipient,the contractor who receives award of this contract must comply with all federal requirements. Please refer to the Local Agency IGA with CDOT for compliance and adherence with federal requirements, and is attached hereto by reference as an exhibit, more specifically, all bidders BID NO#81600028 Page 13 must submit these following forms at the bid opening, if applicable: • IRS Form W-9,Statement of Qualifications and Subcontractors,CDOT Form#606,CDOT Form#714). •The successful vendor is required to sign a separate contract(a sample contract is included as a separate attachment.) 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.#111600025. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below-named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein(including, but not limited to, product specifications and scope of services),and the formal acceptance of the bid by Weld County,together constitutes a contract,with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids,to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. FIRM BY (Please print) BUSINESS ADDRESS DATE CITY, STATE,ZIP CODE TELEPHONE NO FAX TAX ID# SIGNATURE E-MAIL WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS#98-03551-0000. DO NOT NEED TO SEND BACK PAGES 1 -11. BID NO#B1600028 Page 14 SAMPLE WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY& PROJECT NAME THIS AGREEMENT is made and entered Into this day of 201_, by and between the County of Weld,a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as 'County," and , [an individual], [a limited liability partnership] [a limited liability company] [a corporation],who whose address Is hereinafter referred to as"Contractor". WHEREAS,Weld County is in need of an LNG fueler, (hereinafter referred to as the"Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the fueling of fleet vehicles, and WHEREAS, County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit A; and WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Construction Services at or below the cost set forth in Exhibit B: 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(RFP)as set forth in`Bid Package No.B1600025.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 BID NO#B1600028 Page 15 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&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 & 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. S. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there Is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. BID NO#B1600028 Page 16 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 $' ,,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 Govemment 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. BID NO#B1600028 Page 17 0 • 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 contractors workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results,reports,etc.,generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach.Acceptance by the County of, or payment for, the construction completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request.Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement,or any extension thereof,and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or BID NO#B1600028 Page 18 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' HID NO#81600028 Page 19 Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A(Workers'Compensation) Statutory Coverage B (Employers Liability) $ 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. If applicable,the policy shall be endorsed to include 1)the Additional Insured Endorsements CG 2010(or equivalent),2)CG 2037 Additional Insured for products/completed operations, and 3) the Designated Construction Projects General Aggregate Endorsement CG 2503. The policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, its subsidiary,parent, associated and/or affiliated entities,successors,or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by,or on behalf of the Contractor, including completed operations" and the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury $50,000 any one fire;and $500,000 errors and omissions. $5,000 Medical payment one person Automobile Liability: Contractor/Contract Professional shall maintain limits of$1,000,000 for bodily injury per person,$1,000,000 for bodily injury for each accident, and$1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned,hired, and non-owned vehicles used in the performance of this Contract. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims-made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is . earlier. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk BID NO#81600028 Page20 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. Non-Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder,without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God,fires,strikes, war, flood, earthquakes or Governmental actions. 17. Notices. County may designate, prior to commencement of work, its project representative ('County Representative") who shall make, within the scope of his or her authority, and all necessary and proper decisions with reference to the project. All requests for contract interpretations,change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Elizabeth Relford, Transportation Manager, or designee. All notices or other communications (including annual maintenance made by one party to the other conceming the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. BID NO#81600028 Page 21 Either party may change its notice address(es)by written notice to the other. Notification Information: Contractor: Attn.: President, Address: Address: E-mail: Facsimile: With copy to: Name: Position: Address: Address: E-mail: Facsimile: Coun : Name: Elizabeth Reiford Position: Transportation Manager Address: 1111 H Street, Greeley, CO 80631 Address: PO Box 758 E-mail: erelford(alweldoov.com Facsimile: 970-304-6497 18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established,including without limitation,laws applicable to discrimination and unfair employment practices. 19. Non-Exclusive Agreement This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 20. Entire Agreement/Modificadons. 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. BID NO#B1600028 Page 22 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 BID NO#B1600028 Page 23 public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall,within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older Is lawfully present in the United States pursuant to C.R.S. §24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a)is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. §24- 76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24- 76.5-103 prior to the effective date of the contract. 29. Official Engineering Publications. Contractor acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contractor under this Agreement, and Contractor agrees to meet or exceed all standards set by these publications. Contractor further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount. 30. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor,concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 31. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 32. Public Contracts for Services C.R.S. §8-17-101. For public contracts In excess of $500,000 annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract. "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state-issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the BID NO#81600028 Page 24 eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion.This section shall not apply to any project which is funded in whole or in part with federal kinds, or where otherwise contrary to federal law. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits and , is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of , 201 , CONTRACTOR: By: Date Name: Title: WELD COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO • BY: Deputy Clerk to the Board Mike Freeman, Chair APPROVED AS TO FUNDING: APPROVED AS TO SUBSTANCE: Controller Elected Official or Department Head APPROVED AS TO FORM: Director of General Services County Attorney BID NO#B1600028 Page 25 Exhibit B Contractor's Response to County's Request for Bid -21- Turnkey Purchase, Installation, RFP Response Prepared Commissioning & Operation of for : Weld County LNG Fueling Equipment Bid: B1600028 ANSSTRFFT I FFAUMMONT I TX 177701 Stabilis ENERGY Table of Contents 1. RFI Letter of Intent 3 2. Stabilis Energy—Company Overview 5 3. Section I—Scope of Supply/Work 7 4. Section II—Cost Proposal 7 5. Section III—Equipment Design 9 6. Section IV—Site Work 13 7. Section V—Site Plan 14 8. Section VI—Supply and Pricing 14 9. Section VII—Maintenance Plan 17 10. Section VIII—CDOT and Additional Forms 19 RE P RESPONSE PREPARED FOR WELD COUNTY 02/10/2016 Stabilis Energy is pleased to respond to Weld County's Request for Proposal(RFP)regarding the Turnkey Purchase, Installation,Commissioning&Operation of LNG Fueling Equipment in Weld County,CO. We appreciate the confidence you have shown in Stabilis and are enthusiastic about partnering with Weld County to expand the LNG market. We formed Stabilis to become the leading provider of LNG fuel production and support services in North America, and we believe we have made great strides towards achieving this goal since then. In February, 2015, we opened a 100,000 Gallon per Day(0.06 MTPA) LNG production plant in George West,TX, to serve the oilfield and industrial markets in the Eagle Ford Shale. This was the first small scale LNG plant built in the United States since 2008 and we are proud that it was completed on-time and on-budget. This plant supplements our national LNG infrastructure that has delivered over 19 million gallons of LNG fuel to our customers safely and cost effectively over the past three years. We are proud of the Stabilis team and believe that we have the best people in the LNG business. Our team has built and operated more small-scale LNG plants and delivered more LNG gallons to transportation customers than any other company. We believe that this complete LNG skill set is unique in the industry. We believe that Stabilis is uniquely positioned to partner with Shell on this project because of our: • Safety Focus—Stabilis shares Weld County's focus on safety and compliance and has an outstanding safety record in LNG plant operations, LNG transportation,and LNG field service support • Proven Success Providing LNG Transportation and Field Service—Stabilis has safely, reliably and cost effectively delivered millions of LNG gallons to customers in every major transportation end market • Experience Building New LNG Markets—Stabilis is experienced building new LNG markets (oilfield, mining, rail,marine)and has the commercial and technical capabilities to succeed • Support from Dragon Products and ACT—Sta bilis partners with its related companies to provide best- in-class cryogenic equipment manufacturing and support services • Entrepreneurial Culture—Stabilis offers a unique combination of world-class LNG capabilities with an entrepreneurial culture;we are nimble,flexible,candid,cost conscience, and understand risk Thank you for the opportunity to present our capabilities. Sincerely, Alexine Hazarian Manager,Supply and Logistics Stabilis Energy Services LLC State of Incorporation:TX Page 2 of 20 Stabilis RFP RESPONSE PREPARED FOR WELD COUNTY 02/10/2016 RFI Letter of Intent Stabilis is pleased to submit the following response to Weld County's RFP regarding the Turnkey Purchase, Installation,Commissioning& Operation of LNG Fueling Equipment in Weld County,CO.This equipment shall be located in the North Front Range Metropolitan Planning Organization(NFR MPO)8-hour ozone nonattainment boundary on Weld County property and is intended to be used by Public Works vehicles. Stabilis intends to provide a LNG mobile delivery system which will be installed and operational by June 1, 2016. The mobile fueler will meet the needs of a minimum of 9 LNG trucks which use on average 7,000 DGE annually. The station site can be unmanned and accessed by a card reader 24/7 for 365 days a year. Complete pricing for the installation and commissioning of the LNG mobile fueler is$220,500. The proposed equipment is a 6,000 LNG gallon nominal capacity double-walled,vacuum-insulated mobile delivery system optimized for LNG fueling deliveries. This system employs an electrical driven submerged pump.The system will meet the minimum allowable working pressure of 140 psig.The mobile LNG refueling system is designed as a self-contained unit.A natural gas powered engine generator(uses warmed vapor from the top of the 6K tank)produces 480-volt/3-phase current.A transformer provides 110 volts for other systems.24 and 12-volt DC power are also used on this system. Estimated fuel pricing is based on a gallon of LNG at 3.49 pounds or 82,644 BTU. Accordingly, 1.667 LNG gallons provides the energy equivalent of 1 gallon of diesel fuel(DGE). Pricing is based on bulk deliveries of loads at the consuming location. The price per LNG gallon shall be determined as follows: Cost of Fuel and Freight plus$0.25 per LNG gallon.Cost of fuel will include(a)natural gas commodity cost calculated as index price as published by Inside FERC for Northwest Pipeline(Rockies)at the first of the month($per MMBtu) multiplied by a conversion factor of 0.082 and(b) liquefaction cost from supply source. Other costs include transportation and service fees. Pricing does not include taxes as Weld County Is sales tax exempt. The breakdown of the projected cost is as follows: Cost per LNG Gallon Cost per DGE I Commodity $0.18 $0.30 Liquefaction $0.35 $0.58 Transportation $0.25 $0.42 Stabilis Service Fee $0.25 $0.42 1 Taxes $0.00 $0.00 Excise Tax Incentive . 0.00 $0.00 Total $1.03 $1.72 Deliveries are expected to take place every ten to twelve days based on the projected demand. Deliveries will be made by trained and insured LNG operators.As Stabilis Energy is currently providing LNG to Weld County and other Weld County customers,we will continue to utilize our strong network of supply and logistics contracts to ensure we have timely deliveries. In addition,we can offer remote monitoring to streamline the order process for Weld County. Page 3 of 20 Stabilis i N I t 6 Y RFP RES ONSE PREPARED FOR V.'=wD COUNTY 02/10/2016 Stabilis is highly confident in its ability to provide the safest and highest quality equipment and service. Additional details which demonstrate how the project will be a complete design/build turnkey operation on Weld County's property are provided in the body of the document. Thank you for your consideration. Page 4 of 20 Stabilis 1 Y 1 ! C T I RFP RESPONSE PRFPARF.D FOR WELD COL.NTY 02/i0/≥01G Stabilis Energy - Company Overview Who we are Stabilis Energy is a leading provider of LNG fuel,equipment,and services for high horsepower markets including oil and gas,mining,rail,over-the-road,industrial,and marine. As a turnkey solutions provider,we own and operate LNG infrastructure(including production facilities and cryogenic rolling stock assets), provide transportation and logistics services,and offer field service support for equipment operation. Safety is a core value at Stabilis. We routinely perform work for customers with the most demanding safety and environmental standards in multiple industries. We provide rigorous training our employees and contractors on proper processes and procedures for all cryogenic activities. Our goal is to maintain our record of zero safety incidents and we believe that with a strong safety culture and the proper support we can achieve this goal. StabiliseCORE VALUES CANDOR ENTREPRENEURSHIP Ur :Ite ed,t.rnely• 'Every Day a Eetter Way :asscss:re:rt urd taking ownership c r•..•uca:ion that bampioning self starting acknow!ecges reality SAFETY AND _ s COMPLIANCE CUSTOMER DRIVEN EXECUTION Make sure EVERY task is Timely cons,stent focused on delivering for qual ty task completion our customer without undue push back In addition to Safety and Compliance,our core values include Candor,Entrepreneurship, Execution, and Customer Driven behavior. We believe that by focusing on these core values together we can achieve the best results for our customers,our partners,and our company. Page 5 of 20 Stabilis E M ! II O r P,FP RESPONSE PREPARED 10;t Wc.D COUNTY ?r:!!/?C:fi„ LNG Distribution and Service Stabilis has delivered more than 19 million LNG gallons and provided more than 5,000 on-time fuel deliveries to customers in multiple industries over the last three years. Our large cryogenic fleet and network of supply sources allow us to provide turn-key LNG solutions to almost any customer nationwide. Stabilis owns and operates a fleet of 65 cryogenic delivery,storage,and regasification units. We have a trained field service staff(10)that is supported by an internal engineering and support team. Stabilis also has a fleet of LNG powered Class 8 trucks(10)and drivers to provide transportation services. Stabilis has a centralized operations support enter that monitors equipment, flow rates,pressure and tank volumes remotely through Stabilis' custom SCADA system. Our unique monitoring program was built with safety as a priority and allows us to provide customers valuable data quickly and efficiently,every day. Stabilis has LNG supply agreements with 15 LNG producers across the country to ensure that we can provide LNG fuel anywhere in the U.S. whenever It is needed. Our established contracts and long-term relationships insure access to fuel at economically attractive rates. Page 6 of 20 Stab' 's 114 t . O . RFP RESPONSE PREPARED f OR WE:.D COUNTY 02/10/2016 Section I — Scope of Supply/Work Equipment and Material Stabilis will provide the following equipment and material: 1. A single LNG Mobile Fueling Station as described in Section III of this document. The mobile fueler will be hauled to site, located properly and connected to the electrical power supply. 2. All material and labor to supply electrical power from the line side of the three-phase electrical transformer(provided by others),to the mobile fueler location as indicated on the drawing in Section V. Construction For Stabilis and its subcontractor,Tarpon Energy Services LLC,the extent of the construction on site will be limited to above ground and underground electrical work to power the mobile fueler. The electrical scope of work is described in Section V below. Permitting Being that Stabilis will not own the equipment and will not be the property owner where the mobile fueler is to be located,Stabilis takes exception to any permitting needed for the project. Stabilis will support Weld County throughout the permitting process with our extensive technical and educational expertise. Safety Management("'2 weeks) Stabilis and its chosen contractors are all dedicated to safety as the first and most important priority of any project. The Stabilis Project Manager will use applicable rules and regulations as a guide for the project.The project manager will include the specific applications of the Code of Safe Practices,the Injury and Illness Prevention Program,the Vehicle Policy and the Job Site Establishment Sections;as appropriate to educate team members in the safety risks and concerns associated with the project. Commissioning and Training("2 weeks) The commissioning phase of the project will be relatively short. The plan is to begin pre-commissioning activities and continue right into the equipment start-up. At this point the equipment will be ready for continuous service. Section II — Cost Proposal Cost Proposal for Mobile Fueling System: Stabilis Scope of Work LNG Mobile Fueling Station Mobile Fueling Equipment Equipment $ 170,000 Card Reader(optiona!*) $ 15,000 Electrical (from transformer to equipment) $ 30,000 Freight $ 5,500 Total LNG Mobile Fueling Station $ 220,500 Page 7 of 20 Stabilis INTIGT RFP RESPONSE PREPARED FOR WELD COUNTY 02/10/2016 'The proposed equipment is equipped with a card reader which is capable of processing transactions with a PIN. If Weld County desires to make the card reader compatible with the GasBoy system,the cost is as indicated. The cost or scope does not include programming or interface into the Weld County system. Construction materials and electrical work will not be funded or completed by Stabilis. The following are estimated costs for construction and electrical work that are associated with this project: Construction Materials and Electrical(Out of Stabilis Scope) Reinforced Concrete Slab $ 38,920 Concrete Barrier $ 19,200 Chain Link Fence-72"w Barbed Wire Top $ 40,250 Chain U rik Gates 28"Wide Double Gates $ 6,000 Erosion Control Items $ 10,000 ----------------- Aggre gate Base Course-Class 6 $ 40,000 Portland Cement-Type II $ 41,250 Hot Mix Asphalt Grade S PG64-22 $ 92,000 38"x24" HERCP Culvert $ 8,400 ! 23"x14" HERCP Culvert $ 13,000 23"x14"HERCP End Sections $ 3,200 Construction Labor Weld Expense Total Construction Materials $ 312,220 Total Electrical(Poudre to Transformer) $ 47,000 TOTAL Construction Materials and Electrical $ 359,220 Itemized Cost to Maintain the System for Three Years Depending on the level of service Weld selects for maintenance,Stabilis can provide daily to annual maintenance on the equipment. Stabilis has local field technicians that can respond to Weld County's needs safely and quickly. In addition,Weld County will need to subscribe to a Cellular Communication Data Plan in order to retrieve the fueling data from the system. Estimated Expected Downtime Maintenance Plan Hours Cost Total Annual Total (hours) Daily Inspections and Maintenance 2 $ 125 $ 250 $ 91,250 O If no issues Cellular Communication Data Plan(monthly) $ 40 $ 12 $ 4,380 0 Weekly(or more often if needed)Inspections and Maintenance 2 $ 12.5 $ 250 $ 13,000 0.5 Monthly to Quarterly Inspections and Maintenance as Required 4 $ 12.5 $ 500 $ 6.000 0.5 As Required Maintenance 2 $ 125 $ 250 Dependent on issue 0 hours to 3 weeks (for pressure test needed every 5 Annual or as Required Inspections and Maintenance 15 $ 125 $ 1,875 years) Page 8 of 20 Stabilis t " E I O Y RFP RESPONSE 'R_PARLD"rUR '.`i 17 COUNTY 02/1U/?016 Section III — Equipment Design System Description Detailed Description of LNG System The mobile LNG refueling system is designed as a self-contained unit. The mobile fueler is designed to meet the needs of a minimum of 9 LNG trucks which use on average 7,000 DGE annually. The station site can be unmanned and accessed by a card reader 24/7 for 365 days a year.•... aA �►R- _use. t41. .. _ j y • ." .plc 1.4 .411 Mobile liquid natural gas fueling unit List of individual Equipment Components A detailed description of all components can be found in the attached operating manual. Cut Sheets of Equipment Cut sheets for all components can be found in the appendix of the operating manual. Below are the General Arrangement and Piping Schematic drawings. Page 9 of 20 Stabilis IN ( Nst RFP RESPfNJSF PREPAR D FOR WELD COUNTY 02/.0/2016 General Arrangement Drawing r z r1c.i ..scandal I M t I•�'� 5 T' .e 11 ___.__ . ,- ••r WI.rww1.0..+4,0Mu M .N •'tM I 1 ISOXI tV16 N _ s WNW". B 1a . r —1 6 L•c 10.SaI1 PCn... ••mRtZSIR.hairs Si•I/S1 Sal 141 Woo ,' ao.ro+.Ira tl+r1 Q1 i .41 - ',ANY+a r..tt.ta.. h / ,trti 1 II_1 \II gimsomilvfE"I' 41 A at xeirtn ---1 A MI ti54911MifiVa ...^'I!• CRYDGCMC VESSEL ALTERNATIVES iI=........11�e=yew ICI f.'1+1h .r Wt.-- o1 s.1o.t1 1.11! 1 .m �� ,,,, ;+„�,� GENERAL ARRANGEMENT M [vA-i1I-173•L1.G•CL C•MOT 0wi �.r• 9 �' . .,s s'x'" IrLi i""'GA-121410 P" ry'm i a ^' L.I HDiE .uw+ {.a+ I . 1 alcrwTm rim skimp 21 Page 10 of 20 Stab' 's IN I t i V it FP RESPONSE'PREPARED rOR 'd: S)CQUN Y (.;1::),`2Oi(: Piping Schematic PIPING SCHEMATIC Aufsmotod LNG Mobilo rusting 3yatotn •- Elealda External On-Load rump Optional •efts f1K-177-LNG-LLEC-Mr3 L• ••ramYi,ao„s.----- •—• a •Frit5tiut+r .._..-»-ma-...._ V.I. i ne_! 7115'' V.-IliN Z 1 MC-1 fail 11110-1 i Y-a tf-f Y- n... Y- .'a" “ 1 a.11wr••a.N....l aq-•./xe Pump n-f ■ma-1 L r- 1 . f Y-!1 Canton. Y-7 r.J,�a 7 .1..t •111C-e• T u • sr 1 ..aaey[L- LI iv.... L J a Jy w.�ar a -t.. .... 'co., • a • -a ill s IIC-la Y-!, IKO-!, h•t -1 7 fCY0 . Yas>r 513 . r- ,. v-.111 t r P132'7 y w-7 -Eaµ �11-ft »-• r.f, ' Cie ar_i �1. Ss.-i ..a I,lea. ra-1�+ r-as ioi r... wt-aww-. y1 -i IS-1 BY.. t10 Y-, oa/-t g no- V•1194, �lay..er r•a to f tl co•••••• -i LLC[NC ICY•1f i int=o a.a ti'+Y'°iY IL-L R-ammir.=s+':its•a!;Sa. a.!t—zLni'a� - -ea '•S:t..44rf.:.A., �>ta�a.i taaia'�::la-L 7f a. '�� '�1e I.a /la-! o.da-�or• 11a.i.IJI -.K.,1.AtlxIIMMI ��•+.a.1e i� 'Y- 't C.It.'_-L'Lit• 11 1:�eataa'+••'a�;'•wl--TT'r.li. rfr =WIN ll '....711",,,,MilmIlIMEIMP,IMIllit,irliITTIMINININI to.ga `...?91........111.91.4'"vae ti`7Y i.2p- la.• C.M..1..Ma Ia:N E •.1.�'-^T-:Tn-:r•T;I.A.IM.:aaa III7Il aalaaaaaa__flil__ •Mow%..a 7,==C!r.xxM, r II O6Si'•'a'T,IMIIINSd.it'•::a:a MI.:u i w i.•':l la sraa.7+'�'t I.,' "'F.'_s.—iarftiaas .st•c,w,1T.. �'-_`2_; 1_x1 tM�rxx....:.a,1'.+ii..:K .a"j. _'[__•a:-a��=s•^caaaaar.t.aaaa�:. :Ma::•No.:1L:c=lc;cnl a Page 11 of 20 Stab' 's N II I . T RFP RESPONSE PREPARED FOR:WELD COUNTY 02/10/2016 Natural Gas Delivery System The mobile LNG refueling system is designed as a self-contained unit.The double walled,vacuum insulated construction of the LNG vessel is inherently more robust than the equivalent design for transport of other liquid fuels.The refueling system is electronically controlled and designed with many smart features to assist with not only the operation of, but also with trouble shooting of electronic circuits and equipment and for other piping and system circuits.The Programmable Logic Controller(PLC)/Panel View will alert you to many issues,as will the Variable Frequency Drive(VFD). With recommended maintenance,life expectancy for most components is up to twenty(20)years. Electrical System Redundancy A natural gas powered engine generator(uses warmed vapor from the top of the 6K tank)produces 480- volt/3-phase current.A transformer provides 110 volts for other systems.24 and 12-volt DC power are also used on this system. n[ cypK�4 Vi Y , I OOP Kohler 30 KW,GM engine, natural gas powered,480-volt,3-Phase Generator on King-Pin deck Card Reader Dispenser The card reader dispenser incorporates a backlit LCD point-of-sale display for the fuel unit price,equivalent gallons and total amount of fuel dispensed. The dispenser's display provides full visibility both day and night. Capacity and Working Pressure The LNG mobile fueler has a gross capacity of 6,000 gallons and a Maximum Allowable Working Pressure (MAWP)of 175 P51G. The LNG dispensing pump is mounted internal to the tank and dispenses fuel at LNG at a rate of 40 gallons per minute(GPM)and a pressure up to 140 PSIG. Page 12 of 20 Stabilis I M f 1 6 1 RFP RESPONSE PREPARED FOR:WELD COUNTY O2/1O/2O113 Section V— Site Work Stabilis Energy is proposing to supply a mobile LNG refueling system which is designed as a self-contained unit with a natural gas generator which can be used for primary or back-up power. Stabilis wishes to partner with Weld County who would provide all the labor and materials necessary to complete the site work. Stabilis would be responsible for the electrical scope described below. General • 8 hours per day on site • Supervision • Travel time • Standard Tarpon QA/QC documentation Electrical Main • Supply and install new conduit as per Stabilis Drawing File Number DJ-MDR-A-7100 • Conduit run is 350' max(RMC-PVC) • Wire increased to four(4)#1AWG THWN(or equal rated for underground)and one(1) #6 Ground • Conduit is 2"RMC-PVC • All metering and disconnects • Disconnects and metering will be 100 amp rated and all 480 volts AC • Meter and fused disconnect will be located near public service transformer • Power Rack with non-fused disconnect will be located near loadout station • All equipment is quoted as non-classified • Power cord to skid • Power cord to skid is via SOOW cord and limited to S0'total • 20' of#2 bare ground included for grounding of LNG Skid • 2 ground rods included for grounding of LNG skid • 2 bond points with mechanical lugs included for grounding LNG skid • 340'of underground included General Clarifications • Installations will conform to manufactures recommendations or best trade practices • Overtime hours in this proposal • All underground will be completed after grading,but prior to road material and prior to any concrete pads being poured • Concrete at roadway is limited to 15'across road and includes red dye • All backfill will come from removed material Exclusions to Electrical Scope of Supply • Startup assistant and commissioning • Full time safety personnel • All Power,transformers,pads, misc.for public service utility power or equipment Page 13 of 20 Stabilis I M [ I a T REP RESPONSE PREPARED FOR WELD COUNTY 02/19/2016 Section VI — Site Plan See attachment to email for 11"x 17"layout / _ 1 — It t )4.•.',., Newcewn i / .` \ ' .../ /N.\ ,/ ; ti.e+nu.ro el t l /� wowor -, -^s.t ice. --- -- _._, �3�s - _.was. '�l'��u. -x4..�v�- '� :��:.�„ _mss � _.;` ,, r wm.o.va .1.41,4644,i ; /t Banos. it wo�r'''ll' iiii) __ .N b h. Section VI — Supply and Pricing Stabilis desires to enter into a three-year fuel and equipment maintenance agreement to be reviewed annually. Supply Sources Stabilis has LNG supply agreements with 15 LNG producers across the country to ensure that we can provide LNG fuel anywhere in the U.S.whenever it is needed. Our established contracts and long-term relationships insure access to fuel at economically attractive rates.When physically and economically available,Stabilis will utilize Weld County LNG fuel unless some extenuating circumstance cannot allow for it. Below are the current supply sources in the Rocky Mountain region that serve our current Weld County customer. Stabilis and its predecessor Encana Natural Gas Inc.has been continuously supplying the Rocky Mountain region with up to 6 loads per day for three years. Based on the proposed demand for the nine vehicles,we anticipate that the re-filling schedule will be once every ten to twelve days. Deliveries will be made by trained and insured LNG operators. Page 14 of 20 Stab' 's ININGY RFP RESPONSE PREPARED FOR WELD.COUNTY 02/10/20:6 • Lkrt SatanU Plan) JEason Shute t.'nett • ,r ▪ Promttheus Lisbon ▪ Palmer Planl JStrata Plant • Thud Party Supply& J lransactian Nen ▪ Williams Plant * Statills corporate cokes JGentle West Plant eIISSWSs coin IhtMrNt Pricing Estimated fuel pricing is based on a gallon of LNG at 3,49 pounds or 82,644 BTU. Accordingly, 1.667 LNG gallons provides the energy equivalent of 1 gallon of diesel fuel(DGE). Pricing is based on bulk deliveries of loads at the consuming location. The price per LNG gallon shall be determined as follows: Cost of Fuel and Freight plus$0.25 per LNG gallon.Cost of fuel will include(a) natural gas commodity cost calculated as index price as published by Inside FERC for Northwest Pipeline(Rockies)at the first of the month($ per MMBtu) multiplied by a conversion factor of 0.082 and (b) liquefaction cost from supply source. Other costs include transportation and service fees. Pricing does not include taxes as Weld County is sales tax exempt. The breakdown of the projected cost is as follows: The breakdown of the projected cost is as follows: Cost per LNG Gallon Cost per DGE Commodity $0.18 $0.30 Li•uefactlon $0.35 $0.58 Transportation $0.25 $0.42 _ Stabilis Service Fee $0.25 $0.42 Taxes $0.00 _ $0.00 Excise Tax Incentive $0.00 $0.00 ,,Total;__ , ,-- _$1.03 $1.72 Service and Maintenance Stabiiis will make a technician available to provide support,maintenance and service to the LNG equipment on an on-call basis. The loaded labor rate for a technician is$125 per hour plus actual expenses. Page 15 of 20 Stab" I N I I O Y RFP RESPONSE PREPARED FOR WELD CO:JNTY 02/1C/2016 Remote Monitoring Stabilis can also provide the necessary equipment to remotely monitor the LNG tank level and can manage the LNG inventories remotely at an additional fee. In the event that remote monitoring is not desired, Stabilis requests forty-eight(48) hours in advance for LNG procurement. Page 16 of 20 Stabilis I N 116 t REP RESPONSE PREPARED FOR WELD CC),;NcY U2/1D/201(( Section VI — Maintenance Plan Daily Inspections and Maintenance 1. Perform standard DOT operator inspection of vehicle and delivery system. 2. Check oil and coolant level in generator. 3. Open the two vent stack drain valve(1/4" needle valves located at the rear control area)to drain any moisture from the vent stacks. 4. Pull the cables on the air tanks drain plugs to drain any water from the air tanks. Note:The air tanks are located under the front of the trailer where the King Pin deck transitions down to the dropped deck. 5. Open the water drain valves (one at each corner of the impoundment) to allow any water in the impoundment area to drain. 6. Inspect piping and valves for visible signs of leaks,e.g.frost. 7. Inspect nozzles and receptacles. 8. Inspect hoses. 9. Check trailer tire air pressure and tire condition. Weekly(or more often if needed)Inspections and Maintenance 1. Inspect manway on top of tank for leaks. Note there are inner and outer vessel manways.A lift plate is designed into the outer lift plate to relief pressure should there ever be a leak on the seal of the inner manway. 2. Leak check rear piping,saturation piping from rear to front saturation vaporizer,the pump's electrical pass-through at the front,and the front pressure gauge and fuel line to the engine. 3. Check tension on drive belt on air compressor, alignment and check for wear. 4. Check static drag strap and adjust length as needed due to wear so that it stays in contact with the ground. 5. Check fan belt tension on engine. 6. Check air dryer is functioning properly and maintain per manufacturer's manual guidelines. 7. Test E-Stop buttons. 8. Inspect fire extinguishers. 9. Inspect condition of rubber bladders on air actuated valves. Monthly to Quarterly Inspections and Maintenance as Required 1. Check air dryer is operating correctly. 2. Test methane detectors every 90 days using a calibrated bottle of methane gas following manufacturer's guidelines.(see guidelines in appendices) 3. Replace seal in fill nozzle. As Required Maintenance 1. Replace engine air filter. 2. Change engine oil and replace oil filter,as per engine manufacturer's guidelines(see appendix). 3. Check engine fuel filter as per engine manufacturer's requirements. 4. Clean battery posts and cables. 5. Replace burnt out lighting elements. Page 17 of 20 Stabilis REP RESPONSE PREPARED fOR WELD COUNTY 02/10/2C16 6. Leak check piping and valves using leak detection solution(open valves manually using the valve control electronic display screen).Leak check manways. 7. Leak check the two in-line electrical pass-through fittings that allow the electrical leads form the submerged pump inside the tank to exit the pressure vessel. Annual or as Required Inspections and Maintenance 1. Prep and touch up paint where needed. 2. Calibrate flow meter system. 3. Check calibration on pressure gauges and Liquid Level gauge,differential pressure transducer, pressure transducers, pressure switches,RTD. 4. Verify fuel pressure regulator,verify pressure is per engine manufacturer requirements. 5. Replace fuel filter as recommended by generator engine manufacturer(see that manual). 6. Take to DOT registered facility for annual and multi-year inspections as required(visual, pressure, relief valves,etc.). 7. Measure vacuum only if you have reason to believe you have a problem with the vacuum,i.e.rising tank pressure and condensation on tank when there is no condensation on other metal surfaces. Estimated Expected Downtime M.nntenance Plan Hours Cost Total Annual Total (hours) Daily Inspections and Maintenance 2 $ 125 $ 250 $ 91,250 0 If no Issues Weekly(or more often if needed)Inspections and Maintenance 2 $ 125 $ 250 $ 13,000 0.5 Monthly to quarterly inspections and Maintenance as Required 4 $ 125 $ 500 5 6,000 0.5 As Required Maintenance 2 $ 125 $ 250 Dependent on issue 0 hours to 3 weeks (for pressure test needed every 5 Annual or as Required Inspections and Maintenance 15 $ 125 $ 1,875 years) Page 18 of 20 Stabilis ININGT RFP RESPONSE PREPARED FOR COUNTY 02/10/2016 Section VIII ---CDOT and Additional Forms 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. #B1600028. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below-named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. FIRM_Stabills Energy Service LLC BY_Alexine Hazarian (Please print) BUSINESS ADDRESS_470 Orleans St, 7'h Floor DATE_February 10, 2016_ CITY, STATE, ZIP CODE Beaumont, TX 77701 TELEPHONE NO_(312)953-0954 FAX- TAX ID#46-2023721 SIGNATURE E-MAIL_alexine.hazarian@stabilisenergy.com WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS#98-03551-0000. Page 19 of 20 • Stabilis EMI E O t RIP RES'ONSF PREPARED FOR WELD COUNTY 0?/10/2016 IRS Form W-9 I ann WM9 Request for Taxpayer Give Foiu to the F'•r�..a-,ra.n:tl Identification Number and Certification � �'00 rot aryvartnalrural Il "" .eta co the IRS. voruivImvai our.III rue.x,4ar trs•C"rr U.. 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Cr, ►o TM'S,r Farm WO.f}r h`r5' Page 20 of 20 Stabilis I w l i a l COLORADO DEPARTMENT OF TRANSPORTATION PROJECT NO. ANTI-COLLUSION AFFIDAVIT LOCAAti� �g TpN (DCe.te.j 1 Nisie County ,C,o\orado I hereby attest that I am the person responsible within my firm for the final decision as to the price(s)and amount of this bid or, if not,that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s)and amount of this bid have been arrived at independently,without consultation,communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder. 2A. Neither the price(s)nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project,and will not be so disclosed prior to bid opening. 2B. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm. 3A. No attempt has been made to solicit,cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project,or to submit a bid higher than the bid of this firm,or any intentionally high or non- competitive bid or other form of complementary bid. 38. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project. 4. The bid of my firm is made in good faith and not pursuant to any consultation,communication,agreement or discussion with,or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom- petitive or other form of complementary bid. 5, My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person,or offered,promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project,in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any Intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person,and has not been promised or paid cash or anything of value by any firm or person, whether In connection with this or any other project,In consideration for my firm's submitting any Intentionally high, noncompetitive or other form of complementary bid,or agreeing or promising to do so,on this project. 7. I have made a diligent Inquiry of all members, officers,employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication,consultation,discussion,agreement,collusion,or other conduct inconsistent with any of the statements and representations made In this affidavit. 8. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation,of the true facts relating to submission of bids for this contract. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE,AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS,THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. Coat aOoh firm or moony name — - By Oslo G-5 �eY•J‘C-e, L..' fOI2.O I L Tglo 2nd contractors mm or company name.pI pmt venture.) By Dais Ill. Sworn to before me this !G day of, V1,4 LtUj 20 1 lP Notary Public 7,u rt tJ i j c 4 LAUREN AMELIA JACKSON My commis. NOTARY PUBLIC (Z0(Ci STATE OF COLORADO NOTE:This document must be si ned In ink. NOTARY ID 20154046851 9 MY C0141493 S0N EXPIRES NOVEMBER 24,2019 • COOT Form 0606 1102 COLORADO DEPARTMENT OF TRANSPORTATION Project#: BIDDERS LIST DATA and UNDERUTILIZED 6► (1,400'0-2.4 _ DBE (UDBE) BID CONDITIONS ASSURANCE _ vree\t-y,L1,e\d Cow-,k-y Go‘.�recio Prime Contractor Instructions: This form has two sections,both must be completed and submitted with your bid. Complete Section I to list all subcontract quotes received(non-DBE and DBE). Complete Section II to report only Underutilized DBE (UDBE)participation percentages which qualify under the contract goal specification for this project. Please review COOT Form #715 instructions before completing Section II. Attach additional sheets as necessary. POLICY It is the policy of the Colorado Department of Transportation that underutilized disadvantaged business enterprises have equal opportunity to participate on projects financed with federal,slate or local entity funds. Consistent with 49 Code of Federal Regulations(CFR) Part 26.11,the Bidders List data provided by the Contractors will provide CDOT as accurate data as possible about the universe of DBE and non-DBE firms actively seeking work on Its highway construction contracts,for use In selling overall DBE goals. SECTION I: COOT BIDDERS LIST INFORMATION(Non-DBEs and DBEs) 1) Are all subcontract bids(quotes)received by your firm for this project listed below? Yes O No 2) If No,make certain any additional subcontract bidding information is submitted to the CDOT Business Programs Office before 4:00 pm on the day after bids are opened to ensure COOT has the best data possible for setting future DBE goals (use the same table format as below): CDOT Business Programs Office 4201 E.Arkansas Ave.,Room 200 Denver,Colorado 80222 FAX: 303.757-9019 EMAIL: eo@dot.state.co.us 3) The most recent CDOT Bidders List will be posted online at: www.dot.state.co.ustEEO/DBEProgramPage.htm Certified Firm being Name of firm submitting Bid/Quote OBE arm? Work item(s)description used? Yes No Yes No , 1• �, L* `a :. {�L✓' ,;cc S x AbGdG Ou�f�Lu ldtrroi Ounci C1eC3h-tA` 2. 3. 4. 5. 6. 8 9. 10. 11. 12. 13. 14. Page 1 of 2 Prnieueedltfons ere obsolete and may nol be used COOT Form 1714 4/08 Certified Firm being Name of firm submitting Bid/Quote DBE firm? Work item(s)description used? Yes I No Yes No t!4 15. 16. 17. 18. 19. 20 I _ SECTION II: UNDERUTILIZED DBE(UDBE)PARTICIPATION COMMITMENT 1) Total eligible Underutilized DBE(UDBE)percentage amount from Box A below: % 2) Will your company's Underutilized DBE(UDBE)participation commitment meet the contract goal? O Yes 41 No 3) List the UDBE firms,committed work items,and eligible UDBE percentage or your bid committed to each. UDBE Firm name Certification# Committed work Item(s) Commitment toward DBE Goat` 1. 2. 3. . % 4. % 5. BOX A: TOTAL ELIGIBLE UDBE PERCENTAGE AMOUNT(Round lo nearest hundredth) . % ' Detailed instructions on how to calculate DBE commitment amounts are available on COOT Form#715 and in the"Counting DBE Particlpat.on Toward Contract Goals and CDOT's annual DBE goal'section 01 the"DBE-Definitions and Requirements In the Standard Special Provisions I understand that,if my company is determined to be the low bidder for the contract on this project,I must submit a completed CDOT Form#715 CERTIFICATION OF UNDERUTILIZED DBE PARTICIPATION for each firm listed in Section II of this form to the Transportation Department by 4:00 pm on the third work day after the day bids are opened. The actual amounts submitted on each CDOT Form#715 must equal or exceed the DBE percentage commitments documented on this form. In addition,if my company does not meet the DBE/UDBE goal for this project,I must submit a completed CDOT Form#718 DBE GOOD FAITH EFFORT DOCUMENTATION before 4:00 pm on the day after bids are opened. CDOT Form#715s submitted for firms not included on this form,OR for amounts exceeding those listed on this form,will be accepted but NOT counted as Good Faith Efforts. Only the efforts the contractor made prior to the bid opening will count as Good Faith Efforts. I understand my obligation to abide by the Policy stated above Section I. I shall not discriminate on the basis of race,color, age,sex, national origin,or handicap in the bidding process or the performance of contracts. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE,AND ANY OTHER APPUCABLE STATE OR FEDERAL LAWS,THAT THE STATEMENTS MADE IN THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. Company Name: `Date* S ,e L�1�,1,s q-,- ,lm _I'vv,c,es LC_-fl OZ / !u / 2p/ to Company 0 Signature: Title: t...EQ,a s Cis Page 2 of 2 Previous editions era at»olste and may not be used COOT #714 4/01 STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATI MFNT: �`�Y7t��L*, -i C\, O }tc 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 hid. This statement must he 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). .(\},+,s FY>ef0l 2 Permanent main office address: -\'k\7 O r'.1; S4 . �"' Ct r- --RNP[`Li Ar -rs- r NY, -4-4 q-L71 Phone Number: ( ≥ )r - Qloo S Fax Number: 3. Year Company was organized: QO\3 4. Number of years this Company has been engaged similar construction: 3 Under what firm,company or trade names has this company been engaged in this type of construction,how long under each name and how long has each company been bonding work? SA-0-‘9.\\4 Curter++� YES ope-r0Ar e-Cr-VWCAe-kS Oi-c r\O GA"' e,-1A a.c c' �ro.c - 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: S S $ 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. NGcte_ 8, List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. Nark 9. List all contracts within the last 3 years during which or after which any of the Company's subcontractors or suppliers filed I a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. 340Cle e�_ 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 1\11O 11. Describe all contracts that the Company failed to complete. 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. 13 List all or a maximum of three(3)of the most recent projects,similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction at the present time. List the project name,location,project superintendent,owner's representative and phone number,date completed and contract amount for each project. Project Name: ‘—‘411.1a '-ud1\rn S}¢O-% 1 (LASU� Location: 1 L.t.ri of 'LO Supt: 1-1/4:‘4k V1e,r re.r-c.. Owner's Representative: 1-kr\Nt lhtrr Cr q, Phone:-A.1.0- -k la-02.1 to Completion Date: 2013 Contract Amount: it' OCR,Q0C3 Project Name: !-'\t \e �rsr\v^� S,1;ralrl (Ls( ) Location: \t,(6\1% V.1•4 SupL 44 rrerrerc>. Owner's Representative: j-1n,l1- 1adx.i . Phone:lto-LIR to t\71 b Completion Date: msCiey- i t Z Contract Amount: $ k 000 t rile\ Project Name: n O C ct.Le,trte &A -ica 1 Q.-1 i ) Location: r'3C\ri C r ar 1 LA Sept: . LiariPr•rx Owner's Representative: k-)14\-1A- U•ef i PI C., Phone: 11)—t-1 sl-l.r -I;2 1 to Completion Date: 2U\2 Contract Amount:g' 1 } Cw 14 List all of the subcontractors the Company intends to use under this contract,the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH,WITHIN 24 HOURS AFTER THE BID OPENING,A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15%OR MORE OF THE WORK. SUBCONTRACTOR WORK DESCRIPTION "%%OF WORK \I'w+rpfr ('OCrY'-i Self VIE es, CVTh(A unc1 ST• 5v- cgosix . -C\c?tr cp.1 15. List the principal members of the company who will be involved with this project,including the superintendent,foreman, project manager,etc. YRS.PERTINENT NAME TITLE EXPERIENCE Lkrre_re. SIP neyyeea-�v,c, 1xAv ca `':-..71raokt?f --key 09ercVnc -Is • -Ear.yrn`4 \A_Li-Acz fl Nei innictct-, _3 16. List all lawsuits previously filed against or currently pending against you,the Company or any officers of the Company. The undersigned hereby swears and affirms that the information contained herein is complete and true and further,hereby authorizes and requests any person,company,firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this_1!') day of kbruOtrLi ,2016. Bidder: &k( - Ii c Eriet Jy r►L9C.OS I LC. Company or ,1-) Silgrwt !1 Name: ii(-e`{or'e Vt0;1a_r► Or-N (Please Type) Title: 1--teArNCA V e-, S,�._g(;11u 4L 1,4(6,i.4%.cS NOTARY County of De riy-k-C ) ) ss. State of C c)to r�..LC€ ) 4/tee 1 Yl Q lAtr r l3 (1 being duly sworn,deposes and says that hc is Ma r-No c�f_t c 1{C i i C S of &.)\\\S �' 2C\ACQc�1-,a S and (Title) (Company 14ah� that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this tC)-,w day of f(' h\-lc{ ft 1 ,2016. iLAUREN AMEUA JACKSON (SEALI ATTTE OF PUBUC OLORADO NOTARY ID 20154046051 1 COMIEIQH $NOVE�dBEs 24,2019 t (Z!-i /7-Q 1 Ck oR.,„-,,�.0 �'... p Commission Expires / ry Public CHANGE ORDER NO.(EXAMPLE) DESIGN/BUILD TURNKEY OPERATION TO INSTALL EOUIPMENT FOR THE NFR LNG FUELING SITE Date: Project: DESIGN/BUILD TURNKEY OPERATION TO INSTALL EOUIPMENT FOR ONE MOBILE LNG FUELING SITE described in the Invitation for Bids.Bid No.B1600028. County: Weld County,Colorado Contractor: The following change is hereby made to the Contract Documents: CHANGE TO CONTRACT PRICE: Original Contract Price: Current Contract Price adjusted by previous Change Order: The Contract Price due to this Change Order will be increased by: The new Contract Price,including this Change Order,will be: CHANGE TO CONTRACT TIME: The Contract Time will be increased by calendar days. The date for completion of all Work will be: RECOMMENDED: County Representative: Date: Mike Freeman(Chair) Engineer: Date: APPROVALS: Contractor. Date: County: Date: CDOT Representative: Date: -22- CERTIFICATE OF SUBSTANTIAL COMPLETION DESIGN/BUILD TURNKEY OPERATION TO INSTALL EQUIPMENT FOR THE NFR LNG FUELING SITE County's Project No. Engineer's Project No: Project: DESIGN/BUILD TURNKEY OPERATION TO INSTALL EQUIPMENT FOR ONE MOBILE LNG FUELING SITE described in the Invitation for Bids.Bid No.B 1600028. Contractor Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents except for the following specified parts thereof: The Work to which this Certificate applies has been inspected by authorized representatives of the County,Contractor and Engineer, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on Date of Substantial Completion A list of items to be completed or corrected may be attached hereto. This list may not be all-inclusive,and the failure to include an item in it does not alter the responsibility of the Contractor to complete all the Work in accordance with the Contract Documents. The items in the list shall be completed or corrected by the Contractor within 5 days of the above date of Substantial Completion. During completion of the punchlist work items,the Contractor will be responsible for the traffic control costs. To be effective,this form must be signed by the County,the Engineer,and the Contractor. County: Date: Engineer: Date: Contractor. Date: -23- LIEN WAIVER(GENERAL CONTRACTOR) DESIGN/BUILD TURNKEY OPERATION TO INSTALL EQUIPMENT FOR THE NFR LNG FUELING SITE TO: Weld County Public Works Attn:Elizabeth Relford,Transportation Manager P.O.Box 758 Greeley,Colorado 80632 To Whom It May Concern: For a valuable consideration paid by the Board of County Commissioners of Weld County,the receipt and sufficiency of which is hereby acknowledged,the undersigned hereby,releases unto Weld County and to its heirs,executors,administrators or assigns,all rights of the undersigned to claim a mechanic's lien for material heretofore furnished for use in and for labor heretofore performed upon the construction,alteration,addition to or repair of the structures or improvements described in the Contract Documents as: Project: DESIGN/BUILD TURNKEY OPERATION TO INSTALL EQUIPMENT FOR ONE MOBILE LNG FUELING SITE described in the Invitation for Bids. Bid No.B 1600028. Contractor:STABILIS ENERGY SERVICES LLC (If no legal description is shown following the description of Project,we acknowledge that the foregoing is an adequate description of the real properties and improvements inasmuch as the foregoing is the description given in the Contract Documents which govern the performance of the Work for which consideration has been received.) In executing this release,we certify that all claims for labor,or materials,or both,furnished or performed on our behalf by our material suppliers or subcontractors have been paid or that satisfactory arrangement for payment has been made. We agree to defend Weld County from any and all claims on the part of our material suppliers,laborers,employees,servants and agents or subcontractors arising from our Work on the Project,and we further agree to reimburse the Board of County Commissioners of Weld County for any and all costs,including reasonable attorney fees,which they may incur as a result of such claims. STABILIS ENERGY SERVICES LLC Contractor By: Title: Date: STATE OF ) )ss. COUNTY OF The foregoing instrument was acknowledged before me this day of ,2016,by My commission expires: Notary Public -24. FINAL LIEN WAIVER(SUBCONTRACTORS) DESIGN/BUILD TURNKEY OPERATION TO INSTALL EQUIPMENT FOR THE NFR LNG FUELING SITE To All Whom It may Concern: WHEREAS,the undersigned has been employed by(A) to furnish labor and materials for(B) work, under a contract(C) for the improvement of the premises described as(D) County of ,State of of which is the County. NOW,THEREFORE,this day of ,2016, for and in consideration of the sum of(E) Dollars paid simultaneously herewith,the receipt whereof is hereby acknowledged by the undersigned,the undersigned does hereby waive and release any lien rights to,or claim of lien with respect to and on said above described premises,and the improvements thereon,and on the monies or other considerations due or to become due from the County,on account of labor,services,material, fixtures,apparatus or machinery heretofore or which may hereafter be furnished by the undersigned to or for the above described premises by virtue of said contract. (F) (SEAL) (Name of sole Countyship,corporation or partnership) (Affix Corporate seal here) (SEAL) (Signature of Authorized Representative) Title: INSTRUCTIONS FOR FINAL WAIVER (A) Person or firm with whom you agreed to furnish either labor,or services,or materials,or both. (B) Fill in nature and extent of work;strike the word labor or the word materials if not in your contract. (C) If you have more than one contract on the same premises,describe the contract by number if available,date and extent of work. (D) Furnish an accurate enough description of the improvement and location of the premises so that it can be distinguished from any other property. (E) Amount shown should be the amount actually received and equal to total amount of contract as adjusted. (F) If waiver is for a corporation,corporate name should be used,corporate seal affixed and title of officer signing waiver should be set forth;if waiver is for a partnership,the partnership name should be used,partner should sign and designate himself as partner. -25 NOTICE OF ACCEPTANCE DESIGN/BUILD TURNKEY OPERATION TO INSTALL EQUIPMENT FOR THE NFR LNG FUELING SITE To:Stabilis Energy Services LLC Date; February 16,2016 470 Orleans Street,7th Floor Beaumont,TX 77701 RE: DESIGN/BUILD TURNKEY OPERATION TO INSTALL EQUIPMENT FOR ONE MOBILE LNG FUELING SITE described in the Invitation for Bids,No. B 1600028. This is to inform you that the above referenced job,has been satisfactorily completed in accordance with the Contract documents and is hereby accepted. Final payment will be made on or about . Final acceptance does not relieve the Contractor of the minimum one(1)year guarantee on all work and materials incorporated into this Project. Such guarantee shalt begin on the date of this acceptance. Weld County,Colorado,(County) By: Elizabeth Relford,Transportation Manager 26 FHWA-1273—Revised May 1 2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS General 4 Selection of Labor During the performance of this contract, 11 Nondiscrimination the contractor shall not use convict labor for any purpose III. Nonsegregated Facilities within the limits of a construction project on a Federal-aid IV Davis-Bacon and Related Act Provisions highway unless it is labor performed by convicts who are on V Contract Work Hours and Safety Standards Act parole,supervised release,or probation The term Federal-aid Provisions highway does not include roadways functionally classified as VI. Subletting or Assigning the Contract Focal roads or rural minor collectors. VII. Safety'Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water II. NONDISCRIMINATION Pollution Control Act X Compliance with Governmentwide Suspension and The provisions of this section related to 23 CFR Part 230 are Debarment Requirements applicable to all Federal-aid construction contracts and to all XI Certification Regarding Use of Contract Funds for related construction subcontracts of$10,000 or more. The Lobbying provisions of 23 CFR Part 230 are not applicable to material ATTACHMENTS supply,engineering.or architectural service contracts. In addition,the contractor and all subcontractors must comply A Employment and Materials Preference for Appalachian with the following policies:Executive Order 11246,41 CFR 60. Development Highway System or Appalachian Local Access 29 CFR 1625-1627,Title 23 USC Section 140,the Road Contracts(included In Appalachian contracts only) Rehabilitation Act of 1973,as amended(29 USC 794),Title VI of the Civil Rights Ad of 1964,as amended,and related regulations Including 49 CFR Parts 21,26 and 27;and 23 CFR I. GENERAL Parts 200,230,and 633. 1. Form FHWA-1273 must be physically incorporated in each The contractor and all subcontractors must comply with: the construction contract funded under Title 23(excluding requirements of the Equal Opportunity Clause in 41 CFR 60- emergency contracts solely intended for debris removal). The 1.4(b)and,for all construction contracts exceeding 510,000, contractor(or subcontractor)must Insert this form In each the Standard Federal Equal Employment Opportunity subcontract and further require its inclusion in al lower tier Construction Contract Specifications in 41 CFR 60-4.3. subcontracts(excluding purchase orders,rental agreements and other agreements for supplies or services) Note.The U.S.Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the The applicable requirements of Form FHWA-1273 are poicies of the Secretary of Labor including 41 CFR 60,and 29 incorporated by reference for work done under any purchase CFR 1625-1627 The contracting agency and the FHWA have order,rental agreement or agreement for other services The the authority and the responsibility to ensure compliance with prime contractor shall be responsible for compliance by any Title 23 USC Section 140,the Rehabilitation Act of 1973,as subcontractor,lower-tier subcontractor or service provider. amended(29 USC 794),and Title VI of the Civil Rights Act of 1964,as amended,and related regulations including 49 CFR Form FHWA-1273 must be Included in all Federal-aid design- Parts 21,26 and 27,and 23 CFR Parts 200,230,and 633. build contracts,in all subcontracts and in lower tier subcontrads(excluding subcontracts for design services, The following provision is adopted from 23 CFR 230,Appendix purchase orders,rental agreements and other agreements for A.with appropriate revisions to conform to the U.S. supplies or services). The design-builder shall be responsible Department of Labor(US DOL)and FHWA requirements for compliance by any subcontractor,lower-tier subcontractor or service provider. 1.Equal Employment Opportunity:Equal employment opportunity(EEO)requirements not to discriminate and to take Contracting agencies may reference Form FHWA-1273 in bid affirmative action to assure equal opportunity as set forth proposal or request for proposal documents,however,the under laws,executive orders,rules,regulations(28 CFR 35, Form FHWA-1273 must be physically Incorporated(not 29 CFR 1630,29 CFR 1625.1627,41 CFR 60 and 49 CFR 27) referenced)in all contracts,subcontracts and lower-tier and orders of the Secretary of Labor as modified by the subcontracts(excluding purchase orders,rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections,these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework,station work,or by subcontract. 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments,withholding of final payment,termination of the contract,suspension/debarment or any other action determined to be appropriate by the contracting agency and FHWA. 27 October 31,2013 3 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS provisions prescribed herein,and imposed pursuant to 23 applicants for employment and potential employees U S C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under a The contractor's EEO policy and the procedures to this contract The provisions of the Americans with Disabilities implement such policy will be brought to the attention of Act of 1990(42 U.S.C.12101 et seq.)set forth under 28 CFR employees by means of meetings,employee handbooks,or 35 and 29 CFR 1630 are incorporated by reference in this other appropriate means contract in the execution of this contract,the contractor agrees to comply with the following minimum specific 4.Recruitment:When advertising for employees,the requirement activities of EEO: contractor will Include in all advertisements for employees the notation "An Equal Opportunity Employer.' All such a The contractor will work with the contracting agency and advertisements will be placed in publications having a large the Federal Government to ensure that it has made every good circulation among minorities and women in the area from faith effort to provide equal opportunity with respect to all of its which the project work force would normally be derived terms and conditions of employment and in their review of activities under the contract. a The contractor will,unless precluded by a valid bargaining agreement,conduct systematic and direct b The contractor will accept as its operating policy the recruitment through public and private employee referral following statement' sources likely to yield qualified minorities and women To meet this requirement,the contractor will identify sources of "It is the policy of this Company to assure that applicants potential minority group employees.and establish with such are employed,and that employees are treated during identified sources procedures whereby minority and women employment.without regard to their race,religion,sex,color. applicants may be referred to the contractor for employment national origin,age or disability. Such action shalt include, consideration. employment,upgrading,demotion,or transfer,recruitment or recruitment advertising;layoff or termination,rates of pay or b In the event the contractor has a valid bargaining other forms of compensation:and selection for training, agreement providing for exclusive hiring hall referrals.the including apprenticeship,pre-apprenticeship,and/or on-the- contractor is expected to observe the provisions of that job training" agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where 2. EEO Officer:The contractor will designate and make implementation of such an agreement has the effect of known to the contracting officers an EEO Officer who will have discriminating against minorities or women,or obligates the the responsibility for and must be capable of effectively contractor to do the same,such implementation violates administering and promoting an active EEO program and who Federal nondiscrimination provisions. must be assigned adequate authority and responsibility to do so. c The contractor will encourage its present employees to refer minorities and women as applicants for employment. 3. Dissemination of Policy:All members of the contractor's Information and procedures with regard to referring such staff who are authorized to hire,supervise,promote,and applicants will be discussed with employees discharge employees,or who recommend such action,or who are substantially involved in such action,will be made fully 5.Personnel Actions:Wages,working conditions.and cognizant of,and will implement,the contractor's EEO policy employee benefits shall be established and administered,and and contractual responsibilities to provide EEO in each grade personnel actions of every type,Including hiring,upgrading. and classification of employment To ensure that the above promotion.transfer.demotion,layoff,and termination,shall be agreement will be met,the following actions will be taken as a taken without regard to race,color,religion,sex,national minimum origin.age or disabNily. The following procedures shall be followed a Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then a The contractor will conduct periodic inspections of project not less often than once every six months,at which time the sites to insure that working conditions and employee facilities contractor's EEO policy and its implementation will be do not indicate discriminatory treatment of project site reviewed and explained The meetings will be conducted by personnel the EEO Officer. b The contractor will periodically evaluate the spread of b All new supervisory or personnel office employees will be wages paid within each classification to determine any given a thorough indoctrination by the EEO Officer,covering all evidence of discriminatory wage practices. major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor c The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of c All personnel who are engaged in direct recruitment for discrimination. Where evidence is found,the contractor will the project will be Instructed by the EEO Officer in the promptly take corrective action. If the review indicates that the contractor's procedures for locating and hiring minorities and discrimination may extend beyond the actions reviewed,such women corrective action shall include all affected persons d Notices and posters setting forth the contractor's EEC policy will be placed in areas readily accessible to employees, 2g October 3 I, 2013 c REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS d The contractor will promptly investigate all complaints of d. In the event the union is unable to provide the contractor alleged discrimination made to the contractor In connection with a reasonable flow of referrals within the time limit set forth with its obligations under this contract,will attempt to resolve in the collective bargaining agreement,the contractor will, such complaints,and will take appropriate corrective action through independent recruitment efforts,fill the employment within a reasonable time. If the investigation indicates that the vacancies without regard to race,color,religion,sex,national discrimination may affect persons other than the complainant, origin,age or disability;making full efforts to obtain qualified such corrective action shall Include such other persons. Upon and/or qualifiable minorities and women The failure of a union completion of each investigation,the contractor will inform to provide sufficient referrals(even though it Is obligated to every complainant of all of their avenues of appeal provide exclusive referrals under the terms of a collective bargaining agreement)does not relieve the contractor from the 6.Training and Promotion: requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations a The contractor will assist in locating,qualifying.and pursuant to Executive Order 11246,as amended,and these increasing the skills of minorities and women who are special provisions,such contractor shall Immediately notify the applicants for employment or current employees. Such efforts contracting agency should be aimed at developing full journey level status employees in the type of trade or job classification Involved 8. Reasonable Accommodation for Applicants/ Employees with Disabilities: The contractor must be familiar b Consistent with the contractors work force requirements with the requirements for and comply with the Americans with and as permissible under Federal and State regulations,the Disabilities Act and all rules and regulations established there contractor shall make full use of training programs.i.e. under. Employers must provide reasonable accommodation in apprenticeship,and on-the-job training programs for the ail employment activities unless to do so would cause an geographical area of contract performance. In the event a undue hardship. special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the 9.Selection of Subcontractors,Procurement of Materials special provision The contracting agency may reserve and Leasing of Equipment:The contractor shall not training positions for persons who receive welfare assistance discriminate on the grounds of race,color,religion,sex, In accordance with 23 U.S.C.140(a). national origin,age or disability In the selection and retention of subcontractors.Including procurement of materials and leases c The contractor will advise employees and applicants for of equipment. The contractor shall take all necessary and employment of available training programs and entrance reasonable steps to ensure nondiscrimination in the requirements for each. administration of this contract. d. The contractor wiN periodically review the training and a The contractor shall notify all potential subcontractors and promotion potential of employees who are minorities and suppliers and lessors of their EEO obligations under this women and WA encourage eligible employees to apply for contract. such training and promotion. b The contractor will use good faith efforts to ensure 7.Unions:If the contractor relies in whole or in part upon subcontractor compliance with their EEO obligations unions as a source of employees,the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women Actions by 10. Assurance Required by 49 CFR 26.13(b): the contractor,either directly or through a contractors association acting as agent,will include the procedures set a The requirements of 49 CFR Part 26 and the State forth below: DOTs U S DOT-approved DBE program are Incorporated by reference a. The contractor will use good faith efforts to develop,In cooperation with the unions,joint training programs aimed b The contractor or subcontractor shall not toward qualifying more minorities and women for membership discriminate on the basis of race,color,national origin,or sex in the unions and Increasing the skits of minorities and women in the performance of this contract. The contractor shall carry so that they may qualify for higher paying employment. out applicable requirements of 49 CFR Part 26 In the award and administration of DOT-assisted contracts. Failure by the b. The contractor wiN use good faith efforts to incorporate an contractor to carry out these requirements is a material breach EEO clause into each union agreement to the end that such of this contract,which may result in the termination of this union will be contractually bound to refer applicants without contract or such other remedy as the contracting agency regard to their race,color,religion,sex,national origin,age or deems appropriate. disability. 11.Records and Reports:The contractor shall keep such c. The contractor is to obtain Information as to the referral records as necessary to document compliance with the EEO practices and poicies of the labor union except that to the requirements. Such records shall be retained for a period of extent such information is within the exclusive possession of three years following the date of the final payment to the the labor union and such labor union refuses to fumish such contractor for all contract work and shall be available at Information to the contractor,the contractor shall so certify to reasonable times and places for inspection by authorized the contracting agency and shall set forth what efforts have representatives of the contracting agency and the FHWA. been made to obtain such information 29 October 3I,2013 5 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS a The records kept by the contractor shall document the The following provisions are from the U S Department of following Labor regulations in 29 CFR 5.5'Contract provisions and related matters'with minor revisions to conform to the FHWA- (1)The number and work hours of minonty 1273 format and FHWA program requirements and non-minority group members and women employed in each work classification on the project; 1. Minimum wages (2)The progress and efforts being made In cooperation a All laborers and mechanics employed or working upon with unions,when applicable,to increase employment the site of the work,will be paid unconditionally and not less opportunities for minorities and women;and often than once a week,and without subs equent deduction or rebate on any account(except such payroll deductions as are (3)The progress and efforts being made In locating,hiring, permitted by regulations Issued by the Secretary of Labor training,qualifying,and upgrading minorities and women. under the Copeland Act(29 CFR part 3)),the full amount of wages and bona fide fringe benefits(or cash equivalents b The contractors and subcontractors will submit an annual thereof)due at time of payment computed at rates not less report to the contracting agency each July for the duration of than those contained in the wage determination of the the project,indicating the number of minority,women,and Secretary of Labor which Is attached hereto and made a part non-minority group employees currently engaged in each work hereof,regardless of any contractual relationship which may classification required by the contract work This information is be alleged to exist between the contractor and such laborers to be reported on Form FHWA-1391 The staffing data should and mechanics represent the project work force on board in all or any part of the last payroll period preceding the end of July If on-the-job Contributions made or costs reasonably anticipated for bona training is being required by special provision,the contractor fide fringe benefits under section 1(b)(2)of the Davis-Bacon will be required to collect and report training data. The Act on behalf of laborers or mechanics are considered wages employment data should reflect the work force on board during paid to such laborers or mechanics,subject to the provisions of all or any part of the last payroll period preceding the end of paragraph 1 d of this section,also,regular contributions made July. or costs incurred for more than a weekly period(but not less often than quarterly)under plans.hinds,or programs which cover the particular weekly period,are deemed to be III.NONSEGREGATED FACILITIES constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate This provision is applicable to all Federal-aid construction wage rate and fringe benefits on the wage determination for contracts and to all related construction subcontracts of the classification of work actually performed,without regard to $10,000 or more skill,except as provided In 29 CFR 5.5(a)(d).Laborers or mechanics performing work in more than one classification The contractor must ensure that facilities provided for may be compensated at the rate specified for each employees are provided in such a manner that segregation on classification for the time actually worked therein:Provided, the basis of race,color,religion,sex.or national origin cannot That the employer's payroll records accurately set forth the result The contractor may neither require such segregated time spent in each classification in which work is performed. use by written or oral policies nor tolerate such use by The wage determination(including any additional classification employee custom The contractor's obligation extends further and wage rates conformed under paragraph 1.b.of this to ensure that its employees are not assigned to perform thew section)and the Davis-Bacon poster(WH-1321)shall be services at any location,under the contractor's control,where posted at all times by the contractor and its subcontractors at the facilities are segregated The term"facilities"includes the site of the work in a prominent and accessible place where waiting rooms.work areas,restaurants and other eating areas it can be easily seen by the workers. time clocks,restrooms,washrooms.locker rooms,and other storage or dressing areas,parking lots.drinking fountains, b (1)The contracting officer shall require that any recreation or entertainment areas.transportation.and housing class of laborers or mechanics,including helpers,which is not provided for employees. The contractor shall provide separate listed in the wage determination and which Is to be employed or single-user restrooms and necessary dressing or sleeping under the contract shall be classified In conformance with the areas to assure privacy between sexes wage determination.The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction (i)The work to be performed by the classification projects exceeding$2,000 and to all related subcontracts and requested is not performed by a classification in the wage detannination,and lower-tier subcontracts(regardless of subcontract size) The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal-aid highway This excludes roadways functionally classified as local roads or rural minor collectors,which are exempt Contracting agencies may elect to apply these requirements to other projects 30 October 31,2013 10 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS (ii)The classification is utilized in the area by the Department of Labor,withhold or cause to be withheld from the construction Industry;and contractor under this contract,or any other Federal contract with the same prime contractor,or any other federally-assisted (iii)The proposed wage rate,Including any bona fide contract subject to Davis-Bacon prevailing wage requirements, fringe benefits,bears a reasonable relationship to the which is held y aby the same ces as may racte so idemu ah of the accrued payments or advances be considered wage rates contained in the wage determination necessary to pay laborers and mechanics,including apprentices,trainees.and helpers,employed by the contractor (2)If the contractor and the laborers and mechanics to be or any subcontractor the ful amount of wages required by the employed in the classification(if known).or their contract In the event of failure to pay any laborer or representatives,and the contracting officer agree on the mechanic.including any apprentice,trainee,or helper, classification and wage rate(including the amount employed or working on the site of the work,all or part of the designated for fringe benefits where appropriate),a report of wages required by the contract.the contracting agency may, the action taken shall be sent by the contracting officer to the after written notice to the contractor,take such action as may Administrator of the Wage and Hour Division,Employment be necessary to cause the suspension of any further payment, Standards Administration,U S Department of Labor, advance.or guarantee of funds until such violations have Washington,DC 20210 The Administrator,or an authorized ceased representative,will approve,modify,or disapprove every additional classification action within 30 days of receipt and 3. Payrolls and basic records so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessa a Payrolls and basic records relating thereto shall be ry maintained by the contractor during the course of the work and (3)In the event the contractor,the laborers or mechanics preserved for a period of three years thereafter for all laborers to be employed in the classification or their representatives and mechanics working at the site of the work Such records and the contracting officer do not agree on the proposed c contain ch the name,or address,and social Se ,tyhourly number of s each such worker,his her carted classification, rates classification and wage rate(Including the amount of wages paid(including rates of contributions or costs designated for fringe benefits,where appropriate),the anticipated for bona fide fringe benefits or cash contracting officer shall refer the questions.including the 9 equivalents views of all interested parties and the recommendation of the Davis-thereo of the types described In section number of hours of the contracting officer,to the Wage and Hour Administrator for deductions made Act),daily tua weekly paW a worked, deductions and actual wages paid.Whenever the determination.The Wage and Hour Administrator,or an Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that authorized representative,will issue a determination within the wages of any laborer or mechanic include the amount of 30 days of receipt and so advise the contracting officer or will any costs reasonably anticipated in providing benefits under a notify the contracting officer within the 30-day period that plan or program described In section 1(b)(2)(B)of the Davis- additional time is necessary Bacon Act,the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, (4)The wage rate(including fringe benefits where that the plan or program is financially responsible,and that the appropriate)determined pursuant to paragraphs 1 b.(2)or plan or program has been communicated in writing to the 1.b.(3)of this section,shall be paid to all workers performing laborers or mechanics affected,and records which show the work In the classification under this contract from the first day costs anticipated or the actual cost incurred in providing such on which work is performed in the classification benefits.Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the c.Whenever the minimum wage rate prescribed In the registration of apprenticeship programs and certification of contract for a class of laborers or mechanics Includes a fringe trainee programs,the registration of the apprentices and benefit which Is not expressed as an hourly rate,the contractor trainees,and the ratios and wage rates prescribed in the shall either pay the benefit as stated in the wage determination applicable programs or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. b. (1)The contractor shall submit weekly for each week in which any contract work Is performed a copy of all payrolls d.If the contractor does not make payments to a trustee or to the contracting agency. The payrolls submitted shall set other third person,the contractor may consider as part of the out accurately and completely all of the information required to wages of any laborer or mechanic the amount of any costs be maintained under 29 CFR 5.5(a)(3)(i),except that full social reasonably anticipated in providing bona fide fringe benefits security numbers and home addresses shall not be included under a plan or program,Provided,Thal the Secretary of Labor on weekly transmittals Instead the payrolls shall only need to has found,upon the written request of the contractor,that the include an individually identifying number for each employee applicable standards of the Davis-Bacon Act have been met e.g.,the last four digits of the employee's social security The Secretary of Labor may require the contractor to set aside number).The required weekly payroll information may be In a separate account assets for the meeting of obligations submitted in any form desired Optional Form WH-347 is under the plan or program. available for this purpose from the Wage and Hour Division Web site at http.ftwaiw.dot.govlesaiwhdtfgrmslwh347instr htm 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the 31 October 31,2013 10 REQUIRED CONTRACT PROVISIONS FEDERAL-MD CONSTRUCTION CONTRACTS records upon request or to make such records available may or its successor site The prime contractor is responsible for the submission of copies of payrolls by all subcontractors be grounds for debarment action pursuant to 29 CFR 5 12 Contractors and subcontractors shall maintain the full social 4. Apprentices and trainees security number and current address of each covered worker. and shall provide them upon request to the contracting agency for transmission to the State DOT,the FHWA or the Wage and a Apprentices(programs of the USDOL) Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage Apprentices will be permitted to work at less than the requirements It Is not a violation of this section for a prime predetermined rate for the work they performed when they are contractor to require a subcontractor to provide addresses and employed pursuant to and individually registered in a bona fide social security numbers to the prime contractor for its own apprenticeship program registered with the U S Department of records.without weekly submission to the contracting agency- Labor.Employment and Training Administration,Office of Apprenticeship Training,Employer and Labor Services,or with (2)Each payroll submitted shall be accompanied by a a State Apprenticeship Agency recognized by the Office,or if a 'Statement of Compliance,'signed by the contractor or person Is employed in his or her first 90 days of probationary subcontractor or his or her agent who pays or supervises the employment as an apprentice in such an apprenticeship payment of the persons employed under the contract and shah program,who is not individually registered in the program,but certify the following who has been certified by the Office of Apprenticeship Training,Employer and Labor Services or a State (I)That the payroll for the payroll period contains the Apprenticeship Agency(where appropriate)to be eligible for information required to be provided under§5 5(a)(3)(ii)of probationary employment as an apprentice Regulations,29 CFR part 5,the appropriate information is being maintained under§5 5(a)(3)(i)of Regulations,29 The allowable ratio of apprentices to journeymen on the job CFR part 5,and that such information is correct and site in any craft classification shall not be greater than the ratio complete, permitted to the contractor as to the entire work force under the registered program.Any worker listed on a payroll at an (ii)That each laborer or mechanic(including each apprentice wage rate,who is not registered or otherwise helper,apprentice,and trainee)employed on the contract employed as stated above,shall be paid not less than the during the payroll period has been paid the full weekly applicable wage rate on the wage determination for the wages earned,without rebate,either directly or indirectly, classification of work actually performed In addition,any and that no deductions have been made either directly or apprentice performing work on the job site in excess of the Indirectly from the full wages earned,other than ratio permitted under the registered program shall be paid not permissible deductions as set forth in Regulations,29 CFR less than the applicable wage rate on the wage determination part 3; for the work actually performed.Where a contractor is performing construction on a project in a locality other than that In which its ram ro Is registered,the ratios and wage rates (iii)That each laborer or mechanic has been paid not program 9 less than the applicable wage rates and fringe benefits or (expressed in percentages of the journeyman's hourly rate) cash equivalents for the classification of work performed, specified in the contractor's or subcontractor's registered as specified in the applicable wage determination program shall be observed. incorporated Into the contract. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of (3)The weekly submission of a property executed progress,expressed as a percentage of the journeymen hourly certification set forth on the reverse side of Optional Form rate specified in the applicable wage determination. W shall satisfy the requirement for submission of the Apprentices shall be paid fringe benefits In accordance with 'Statement of Compliance'required by paragraph 3 b(2)of the provisions of the apprenticeship program.If the this section apprenticeship program does not specify fringe benefits, (4)The falsification of any of the above certifications may apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable subject the contractor or subcontractor to civil or criminal classification if the Administrator determines that a different prosecution under section 1001 of title 18 and section 231 of practice prevails for the applicable apprentice classification, title 31 of the United States Code. fringes shall be paid in accordance with that determination. c.The contractor or subcontractor shall make the records In the event the Office of Apprenticeship Training,Employer r required under paragraph 3.a.of this section available for and Labor Services,or a State Apprenticeship Agency inspection,copying,or transcription by authorized recognized by the Office,withdraws approval of an representatives of the contracting agency,the State DOT,the apprenticeship program,the contractor will no longer be FHWA, or the Department of Labor,and shall permit such permitted to utilize apprentices at less than the applicable representatives to interview employees during working hours on the job.If the contractor or subcontractor fails to submit the required records or to make them available,the FHWA may, after written notice to the contractor,the contracting agency or the State DOT,take such action as may be necessary to cause the suspension of any further payment.advance,or guarantee of funds Furthermore,failure to submit the required 32 October 3 I,2013 I0 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS predetermined rate for the work performed until an acceptable 5.Compliance with Copeland Act requirements. The program is approved contractor shall comply with the requirements of 29 CFR part 3,which are incorporated by reference in this contract b Trainees(programs of the USDOLI. 6.Subcontracts. The contractor or subcontractor shall insert Except as provided in 29 CFR 5.16.trainees will not be Form FHWA-1273 in any subcontracts and also require the permitted to work at less than the predetemwned rate for the subcontractors to include Form FHWA-1273 in any lower tier work performed unless they are employed pursuant to and subcontracts.The prime contractor shalt be responsible for the individually registered in a program which has received prior compliance by any subcontractor or lower tier subcontractor with all the contract clauses In 29 CFR 5.5 approval,evidenced by formal certification by the U.S. Department of Labor,Employment and Training 7.Contract termination:debarment A breach of the Administration. contract clauses in 29 CFR 5.5 may be grounds for termination The ratio of trainees to journeymen on the job site shall not be of the contract.and for debarment as a contractor and a greater than permitted under the plan approved by the subcontractor as provided in 29 CFR 5 12. Employment and Training Administration 8.Compliance with Davis-Bacon and Related Act Every trainee must be paid at not less than the rate specified in requirements. All rulings and Interpretations of the Davis- the approved program for the trainee's level of progress, Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 expressed as a percentage of the journeyman hourly rate are herein incorporated by reference In this contract specified in the applicable wage determination.Trainees shall be paid fringe benefits in accordance with the provisions of the 9.Disputes concerning labor standards.Disputes arising trainee program If the trainee program does not mention fringe out of the labor standards provisions of this contract shall not benefits,trainees shall be paid the full amount of fringe be subject to the general disputes clause of this contract.Such benefits listed on the wage determination unless the disputes shall be resolved in accordance with the procedures Administrator of the Wage and Hour Division determines that of the Department of Labor set forth in 29 CFR parts 5,6,and there is an apprenticeship program associated with the 7 Disputes within the meaning of this clause include disputes corresponding journeyman wage rate on the wage between the contractor(or any of its subcontractors)and the determination which provides for less than full fringe benefits contracting agency.the U S Department of Labor,or the for apprentices Any employee listed on the payroll at a trainee employees or their representatives rate who Is not registered and participating in a training plan approved by the Employment and Training Administration shall 10.Certification of eligibility. be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed a By entering Into this contract,the contractor certifies that In addition.any trainee performing work on the Job site In neither it(nor he or she)nor any person or firm who has an excess of the ratio permitted under the registered program Interest In the contractors firm is a person or firm ineligible to shall be paid not less than the applicable wage rate on the be awarded Government contracts by virtue of section 3(a)of wage determination for the work actually performed. the Davis-Bacon Act or 29 CFR 5.12(a)(1) In the event the Employment and Training Administration b No part of this contract shall be subcontracted to any person withdraws approval of a training program,the contractor will no or firm ineligible for award of a Government contract by virtue longer be permitted to utilize trainees at less than the of section 3(a)of the Davis-Bacon Act or 29 CFR 5 12(a)(1) applicable predetermined rate for the work performed until an acceptable program is approved c The penalty for making false statements is prescribed In the U S Criminal Code,18 U S C 1001 c.Equal employment opportunity The utilization of apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246.as amended,and 29 V. CONTRACT WORK HOURS AND SAFETY STANDARDS CFR part 30 ACT d. Apprentices and Trainees(programs of the U S.DOT) The following clauses apply to any Federal-aid construction contract In an amount in excess of S100,000 and subject to the Apprentices and trainees working under apprenticeship and overtime provisions of the Contract Work Hours and Safety skill training programs which have been certified by the Standards Act.These clauses shall be inserted in addition to Secretary of Transportation as promoting EEO in connection the clauses required by 29 CFR 5.5(a)or 29 CFR 4 6 As A with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs.The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 33 October 3 I,2013 10 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS used in this paragraph,the terms laborers and mechanics contract work amounting to not less than 30 percent(or a greater percentage if specified elsewhere in the contract)of include watchmen and guards. the total original contract price,excluding any specialty items designated by the contracting agency. Specialty items may be 1.Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require performeds by subperformed contract d and the amount t of any thsu t or involve the employment of laborers or mechanics shall original pgcialty items cf may be computingdedcted from the total contract price before the amount of work require or permit any such laborer or mechanic in any required to be performed by the contractors own organization workweek in which he or she is employed on such work to (23 CFR 635 116). work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less a. The term'perform work with its own organization'refers than one and one-half times the basic rale of pay for all hours to workers employed or leased by the prime contractor,and worked in excess of forty hours in such workweek. equipment owned or rented by the prime contractor,with or 2.Violation;liability unpaid wages; without operators Such term does not include employees or for pa liquidated equipment of a subcontractor or lower tier subcontractor, damages In the event of any violation of the clause set forth agents of the prime contractor,or any other assignees The in paragraph(1.)of this section,the contractor and any term may include payments for the costs of hiring leased subcontractor responsible therefor shall be liable for the unpaid employees from an employee leasing firm meeting all relevant wages.In addition,such contractor and subcontractor shall be Federal and Stale regulatory requirements. Leased liable to the United States(In the case of work done under employees may only be included in this term if the prime contract for the District of Columbia or a territory,to such contractor meets all of the following conditions District or to such territory),for liquidated damages.Such liquidated damages shall be computed with respect to each (1)the prime contractor maintains control individual laborer or mechanic,including watchmen and over the supervision of the day-to-day activities of the leased guards,employed In violation of the clause set forth in employees, paragraph(1 )of this section.In the sum of 510 for each (2)the pnme contractor remains responsible for the quality calendar day on which such Individual was required or of the work of the leased employees. permitted to work in excess of the standard workweek of forty (3)the prime contractor retains all power hours without payment of the overtime wages required by the to accept or exclude individual employees ployees from work on the clause set forth in paragraph(1.)of this section. project;and (4)the prime contractor remains ultimately responsible for 3.WIthholding for unpaid wages and liquidated damages. the payment of predetermined minimum wages,the The FHWA or the contacting agency shall upon its own action submission of payrolls,statements of compliance and all or upon written request of an authorized representative of the other Federal regulatory requirements Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the b "Specialty Items"shall be construed to be limited to work contractor or subcontractor under any such contract or any that requires highly specialized knowledge,abilities,or other Federal contract with the same prime contractor,or any equipment not ordinarily available In the type of contracting other federally-assisted contract subiect to the Contract Work organizations qualified and expected to bid or propose on the Hours and Safety Standards Act,which is held by the same contract as a whole and in general are to be limited to minor prime contractor.such sums as may be determined to be components of the overall contract. necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as 2 The contract amount upon which the requirements set forth provided in the clause set forth In paragraph(2.)of this in paragraph(1)of Section VI is computed Includes the cost of section material and manufactured products which are to be purchased or produced by the contractor under the contract 4.Subcontracts. The contractor or subcontractor shall insert provisions In any subcontracts the clauses set forth in paragraph(1.) through(4)of this section and also a clause requiring the 3 The contractor shall furnish(a)a competent superintendent subcontractors to include these clauses in any lower tier or supervisor who is employed by the firm,has full authority to subcontracts The prime contractor shall be responsible for direct performance of the work in accordance with the contract compliance by any subcontractor or lower tier subcontractor requirements,and is in charge of all construction operations with the clauses set forth In paragraphs(1)through(4)of this (regardless of who performs the work)and(b)such other of its section. own organizational resources(supervision,management,and engineering services)as the contracting officer determines is necessary to assure the performance of the contract, 4 No portion of the contract shalt be sublet,assigned or VI.SUBLETTING OR ASSIGNING THE CONTRACT otherwise disposed of except with the written consent of the contracting officer,or authorized representative,and such consent when given shall not be construed to relieve the This provision is applicable to all Federal-aid construction contractor of any responsibility for the fulfillment of the contracts on the National Highway System contract. Written consent will be given only after the 1 The contractor shall perform with its own organization contracting agency has assured that each subcontract is 34 October 31,2013 10 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS evidenced in writing and that it contains all pertinent provisions places where it is readily available to all persons concerned and requirements of the prime contract with the project 5.The 30%self-performance requirement of paragraph(1)is not applicable to design-build contracts,however,contracting 18 U S C 1020 reads as follows agencies may establish their own self-performance requirements "Whoever.being an officer,agent,or employee of the United States.or of any State or Territory,or whoever,whether a person,association.firm,or corporation,knowingly makes any VII.SAFETY:ACCIDENT PREVENTION false statement,false representation,or false report as to the character,quality,quantity,or cost of the material used or to This provision is applicable to alt Federal-old construction be used,or the quantity or quality of the work performed or to contracts and to all related subcontracts. be performed,or the cost thereof in connection with the submission of plans,maps,specifications,contracts,or costs 1 In the performance of this contract the contractor shall of construction on any highway or related project submitted for comply with all applicable Federal. State,and local laws approval to the Secretary of Transportation,or governing safety.health,and sanitation(23 CFR 635) The Whoever knowingly makes any false statement,false contractor shall provide all safeguards,safety devices and representation,false report or false claim with respect to the protective equipment and take any other needed actions as it character,quality.quantity,or cost of any work performed or to determines,or as the contracting officer may determine,to be be performed or materials furnished or to be furnished,in reasonably necessary to protect the life and health of connection with the construction of any highway or related employees onthe Job and the safety of the public and to project approved by the Secretary of Transportation;or protect property in connection with the performance of the work covered by the contract. Whoever knowingly makes any false statement or false 2 It is a condition of this contract,and shall be made a representation as to material fact in any statement,certificate, condition of each subcontract,which the contractor enters into or report submitted pursuant to provisions of the Federal-aid pursuant to this contract that the contractor and any Roads Act approved July 1.1916,(39 Stat.355),as amended subcontractor shall not permit any employee.in performance and supplemented, of the contract,to work In surroundings or under conditions Shall be fined under this title or imprisoned not more than 5 which are unsanitary,hazardous or dangerous to his/her years or both health or safety,as determined under construction safety and health standards(29 CFR 1926)promulgated by the Secretary of Labor,in accordance with Section 107 of the Contract Work IX IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Hours and Safety Standards Act(40 U S C 3704) WATER POLLUTION CONTROL ACT 3.Pursuant to 29 CFR 1926 3,it Is a condition of this contract This provision is applicable to all Federal-aid construction that the Secretary of Labor or authorized representative thereof,shall have right of entry to any site of contract contracts and to all related subcontracts. performance to inspect or Investigate the matter of compliance By submission of this bid/proposal or the execution of this with the cons the safety and health standards and to carry contract,or subcontract,as appropriate,the bidder,proposer, out the duties of the Secretary under Section 107 of the Federal-aid construction contractor,or subcontractor,as Contract Work Hours and Safety Standards Act(40 appropriate.will be deemed to have stipulated as follows U.S.C.3704). 1 That any person who is or will be utilized in the VIII. FALSE STATEMENTS CONCERNING HIGHWAY performance of this contract is not prohibited from receiving an PROJECTS award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. This provision is applicable to all Federal-aid construction 2 That the contractor agrees to Include or cause to be contracts and to all related subcontracts included the requirements of paragraph(1)of this Section X in every subcontract,and further agrees to take such action as In order to assure high quality and durable construction in the contracting agency may direct as a means of enforcing conformity with approved plans and specifications and a high such requirements degree of reliability on statements and representations made by engineers,contractors,suppliers,and workers on Federal• X CERTIFICATION REGARDING DEBARMENT. aid highway projects,It is essential that all persons concerned SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION with the project perform their functions as carefully thoroughly, and honestly as passible Willful falsification.distortion,or This provision is applicable to all Federal-aid construction misrepresentation with respect to any facts related to the project is a violation of Federal law To prevent any contracts,design-build contracts,subcontracts,lower-tier misunderstanding regarding the seriousness of these and subcontracts,purchase orders,lease agreements,consultant similar acts,Form FHWA-1022 shall be posted on each contracts or any other covered transaction requiring FHWA Federal-aid highway project(23 CFR 635)In one or more 35 October 31,2013 II REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS approval or that is estimated to cost S25 000 or more— as into this covered transaction.without modification.in all lower defined in 2 CFR Parts 180 and 1200 tier covered transactions and in all solicitations for lower tier covered transactions exceeding the S25,000 threshold h A participant in a covered transaction may rely upon a 1.Instructions for Certification—First Tier Participants: certification of a prospective participant In a lower tier covered transaction that Is not debarred,suspended,Ineligible,or a By signing and submitting this proposal,the prospective voluntarily excluded from the covered transaction,unless it first tier participant is providing the certification set out below knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended b The inability of a person to provide the certification set out debarred,or otherwise ineligible to participate in covered below will not necessarily result in denial of participation in this transactions. To verify the eligibility of its principals,as well as covered transaction The prospective first tier participant shall the eligibility of any lower tier prospective participants,each submit an explanation of why it cannot provide the certification participant may,but is not required to,check the Excluded set out below The certification or explanation will be Parties List System website(httos.//www.eols.00v/),which is considered in connection with the department or agency's compiled by the General Services Administration determination whether to enter into this transaction.However. failure of the prospective first tier participant to furnish a i Nothing contained In the foregoing shall be construed to certification or an explanation shall disqualify such a person require the establishment of a system of records In order to from participation In this transaction render in good faith the certification required by this clause The knowledge and information of the prospective participant c.The certification in this clause is a material representation is not required to exceed that which Is normally possessed by of fact upon which reliance was placed when the contracting a prudent person in the ordinary course of business dealings. agency determined to enter Into this transaction.If it Is later determined that the prospective participant knowingly rendered j Except for transactions authorized under paragraph(f)of an erroneous certification,in addition to other remedies available to the Federal Government,the contracting agency these instructions,if a participant in a covered transaction knowingly enters Into a lower tier covered transaction with a may terminate this transaction for cause of default d.The prospective first tier participant shall provide person who Is suspended,debarred,Ineligible,or voluntarily excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the immediate written notice to the contracting agency to whom department or agency may terminate this transaction for cause this proposal Is submitted if any time the prospective first tier or default. participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 2. Certification Regarding Debarment,Suspension,Ineligibility e The terms"covered transaction,""debarred," and Voluntary Exclusion-First Tier Participants: "suspended.""ineligible,""participant,""person," "principal," and"voluntarily excluded,"as used in this clause,are defined a. The prospective first tier participant certifies to the best of In 2 CFR Parts 180 and 1200. "First Tier Covered its knowledge and belief,that it and its principals: Transactions refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant(such (1) Are not presently debarred,suspended,proposed for as the prime or general contract). 'Lower Tier Covered debarment,declared Ineligible,or voluntarily excluded from Transactions'refers to any covered transaction under a First participating In covered transactions by any Federal Tier Covered Transaction(such as subcontracts). 'First Tier department or agency; Participant'refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal (2) Have not within a three-year period preceding this funds(such as the prime or general contractor). "Lower Tier proposal been convicted of or had a civil judgment rendered Participant'refers any participant who has entered Into a against them for commission of fraud or a criminal offense in covered transaction with a First Tier Participant or other Lower connection with obtaining,attempting to obtain,or performing a Tier Participants(such as subcontractors and suppliers). public(Federal,State or local)transaction or contract under a public transaction,violation of Federal or State antitrust f.The prospective first tier participant agrees by submitting statutes or commission of embezzlement,theft,forgery, this proposal that,should the proposed covered transaction be bribery,falsification or destruction of records,making false entered Into.it shall not knowingly enter into any lower tier statements,or receiving stolen property; covered transaction with a person who is debarred. suspended,declared Ineligible,or voluntarily excluded from (3) Are not presently indicted for or otherwise criminally or participation in this covered transaction,unless authorized by civilly charged by a governmental entity(Federal,State or the department or agency entering into this transaction local)with commission of any of the offenses enumerated in paragraph(a)(2)of this certification;and g.The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled (4) Have not within a three-year period preceding this "Certification Regarding Debarment.Suspension,Ineligibility application/proposal had one or more public transactions and Voluntary Exclusion-Lower Tier Covered Transactions," (Federal,State or local)terminated for cause or default. provided by the department or contracting agency,entering 36 I October 31,2013 13 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS b. Where the prospective participant is unable to certify to certification of a prospective participant in a lower tier covered any of the statements in this certification,such prospective transaction that is not debarred,suspended,ineligible,or participant shall attach an explanation to this proposal voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant is 2.Instructions for Certification-Lower Tier Participants: responsible for ensuring that its principals are not suspended, debarred,or otherwise ineligible to participate In covered (Applicable to all subcontracts,purchase orders and other transactions. To verify the eligibility of its principals,as well as lower tier transactions requiring prior FHWA approval or the eligibility of any lower tier prospective participants,each estimated to cost$25,000 or more-2 CFR Parts 180 and participant may.but is not required to,check the Excluded 1200) Parties List System website(hgps.//www.epls.aov/),which is compiled by the General Services Administration a.By signing and submitting this proposal,the prospective lower tier is providing the certification set out below h Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render b The certification In this clause is a material representation in good faith the certification required by this clause The of fact upon which reliance was placed when this transaction knowledge and information of participant is not required to was entered into.If it is later determined that the prospective exceed that which is normally possessed by a prudent person lower tier participant knowingly rendered an erroneous in the ordinary course of business dealings certification,in addition to other remedies available to the Federal Government,the department,or agency with which i Except for transactions authorized under paragraph e of this transaction originated may pursue available remedies, these instructions.if a participant in a covered transaction including suspension and/or debarment knowingly enters into a lower tier covered transaction with a person who is suspended,debarred,Ineligible,or voluntarily c.The prospective lower tier participant shall provide excluded from participation In this transaction,in addition to immediate written notice to the person to which this proposal Is other remedies available to the Federal Government,the submitted if at any time the prospective lower Iler participant department or agency with which this transaction originated learns that its certification was erroneous by reason of may pursue available remedies,including suspension and/or changed circumstances. debarment. d The terms"covered transaction,""debarred." "suspended,""ineligible,""participant,""person,""principal." and"voluntarily excluded,"as used in this clause,are defined Certification Regarding Debarment,Suspension, in 2 CFR Parts 180 and 1200 You may contact the person to Ineligibility and Voluntary Exclusion—Lower Tier which this proposal is submitted for assistance in obtaining a Participants: copy of those regulations "First Tier Covered Transactions' refers to any covered transaction between a grantee or 1 The prospective lower tier participant certifies,by subgrantee of Federal funds and a participant(such as the submission of this proposal,that neither it nor its principals is prime or general contract) `Lower Tier Covered Transactions" presently debarred,suspended,proposed for debarment, refers to any covered transaction under a First Tier Covered declared ineligible or voluntarily excluded from participating in Transaction(such as subcontracts) 'First Tier Participant' covered transactions by any Federal department or agency refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds 2 Where the prospective lower tier participant is unable to (such as the prime or general contractor) 'Lower Tier certify to any of the statements in this certification,such Participant"refers any participant who has entered into a prospective participant shall attach an explanation to this covered transaction with a First Tier Participant or other Lower proposal. Tier Participants(such as subcontractors and suppliers). e The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered XI CERTIFICATION REGARDING USE OF CONTRACT FUNDS transaction be entered Into,it shall not knowingly enter into any FOR LOBBYING lower tier covered transaction with a person who is debarred, suspended.declared Ineligible,or voluntarily excluded from This provision is applicable to all Federal-aid construction participation in this covered transaction,unless authorized by contracts and to all related subcontracts which exceed the department or agency with which this transaction $100.000(49 CFR 20). originated 1 The prospective participant certifies,by signing and f The prospective lower tier participant further agrees by submitting this bid or proposal,to the best of his or her submitting this proposal that It will include this clause titled knowledge and belief,that: "Certification Regarding Debarment.Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," a No Federal appropriated funds have been paid or will be without modification,in all lower tier covered transactions and paid,by or on behalf of the undersigned,to any person for in all solicitations for lower tier covered transactions exceeding influencing or attempting to influence an officer or employee of the$25,000 threshold any Federal agency.a Member of Congress,an officer or employee of Congress,or an employee of a Member of g A participant in a covered transaction may rely upon a 37 y October 31,2013 13 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,continuation,renewal,amendment,or modification of any Federal contract grant.loan,or cooperative agreement b If any funds other than Federal appropnated funds have been paid or will be paid to any person for influencing or attempting to Influence an officer or employee of any Federal agency,a Member of Congress.an officer or employee of Congress,or an employee of a Member of Congress In connection with this Federal contract grant.loan.or cooperative agreement.the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its Instructions. 2 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification Is a prerequisite for making or entering into this transaction imposed by 31 U S.C 1352 Any person who fails to file the required certification shall be subject to a civil penalty of not less than 510,000 and not more than$100,000 for each such failure. 3 The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included In all lower tier subcontracts.which exceed$100,000 and that all such recipients shall certify and disclose accordingly. 38 October 3 I,2013 14 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS contracting agency to provide a contractual preference for the ATTACHMENT A - EMPLOYMENT AND MATERIALS use of mineral resource materials native to the Appalachian PREFERENCE FOR APPALACHIAN DEVELOPMENT region HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS 6 The contractor shall include the provisions of Sections 1 This provision is applicable to all Federal-aid projects funded through 4 of this Attachment A in every subcontract for work under the Appalachian Regional Development Act of 1965. which is,or reasonably may be,done as on-site work 1.During the performance of this contract.the contractor undertaking to do work which is,or reasonably may be,done as an-site work,shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated,or the subregion,or the Appalachian counties of the State wherein the contract work Is situated,except: a To the extent that qualified persons regularly residing in the area are not available b.For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work c.For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract,provided that the number of nonresident persons employed under this subparagraph(lc)shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work,except as provided In subparagraph(4)below. 2.The contractor shall place a job order with the State Employment Service indicating(a)the classifications of the laborers,mechanics and other employees required to perform the contract work,(b)the number of employees required in each classification,(c)the date on which the participant estimates such employees will be required,and(d)any other pertinent Information required by the State Employment Service to complete the Job order form. The Job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work,the information submitted by the contractor in the original job order is substantially modified,the participant shall promptly notify the State Employment Service. 3.The contractor shall give full consideration to all qualified Job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who,in his opinion,are not qualified to perform the classification of work required 4.If,within one week following the placing of a job order by the contractor with the State Employment Service,the State Employment Service is unable to refer any qualified job applicants to the contractor,or less than the number requested,the State Employment Service will forward a certificate to the contractor Indicating the unavailability of applicants Such certificate shall be made a part of the contractor's permanent project records Upon receipt of this certificate,the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate,notwithstanding the provisions of subparagraph(1 c) above. 5. The provisions of 23 CFR 633.207(e)allow the 39 ACOIRCV CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 4.25,2016 1/25/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les)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 LOCKTON COMPANIES CONTACT FAX 5847 SAN FELIPE,SUITE 320 ROg(AIc,No,Ext.): I(A/C,No): HOUSTON TX 77057 E-MAIL 866-260-3538 ADDRESS: INSURERS)AFFORDING COVERAGE NAIC/ INSURER A Liberty Mutual Insurance Company 23043 INSURED Stabilis Energy Services,LLC INSURER B: I.exington Insurance Company 19437 1377771 FO Box 704 INSURER C: Great American Assurance Company 26344 Beaumont TX 77704 INSURER D: INSURER E; INSURER F COVERAGES CERTIFICATE NUMBER: 13864618 REVISION NUMBER: XXXXXXX 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 ADM.SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR _ INSR MND (MM/DDIYYYY)IMMIDD/YYYYI A X COMMERCIAL GENERAL LIABILITY y y 1-B2-641-444558-025 4 252015 4/25/2016 EACH OCCURRENCE $ 1,000,000 1CLAIMS-MADE X OCCUR PREMISES(Ea RENTED $ 300.000 X S&A Pollution MED EXP(Any one person) ,$ 10,000 PERSONAL B ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2,000,000 X I POLICY PE6 LOC PRODUCTS-COMP/OPAGG $ 2,000.000 , OTHER $ A AUTOMOBILE LIABILITY y y Al2-641-444558-035 4.25/2015 4/25/2016 COMBINED SINGLE LIMIT {Ea accidanq $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ XXXXXXX ALL OWNED SCHEDULED BODILY INJURY(Per accident S XXXXXXX X HIRED AUTOS X AUTOSWNED (Per accident) $ XXXXXXX $ XXXXXXX 13 X UMBRELLA LIAB X OCCUR Y Y 0153751)98 4.252015 4/252016 EACH OCCURRENCE $ 10,000.000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED I I RETENTIONS S XXXXXXX A AND EMPLOYERS'WORKERS LIABILOITYTH- YIN Y WC2-641-444558-01 5 4.25'2015 4/25/2016 X I STATUTE I I PR ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? n E L EACH ACCIDENT N/A $ '1000,000 (Mandatory In NH) E L DISEASE-EA EMPLOYEE $ 1.000,000 DESCRIPTION OF OPERATIONS trebw E L DISEASE-POLICY LIMIT $ 1.000.000 C Excess Liability N N EXC3106454 4.25/2015 4;25/2016 Each Occ.$10,000,000 Aggregate SI0,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The General Liability'and Automobile Liability policy contains a special endorsement with"Primary and Noncontributory- wording.RE:No./4B1600028 CERTIFICATE HOLDER CANCELLATION See Attachment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1386461 8 AUTHORIZED REPRESENTATIVE Weld County,Colorado 1150 0 Street Greeley CO 80631 ACORD 25(2014/01) ©1988-2014 ACORD CORPORATI .All rights reserved The ACORD name and logo are registered marks of ACORD All policies(except Workers'Compensation/EL)include a blanket automatic additional insured endorsement[provision]that confers additional insured status to the certificate holder only if there is a written contract between the named insured and the certificate holder that requires the named insured to name the certificate holder as an additional insured. In the absence of such a contractual obligation on the part of the named insured,the certificate holder is not an additional insured under the policy. All policies include a blanket automatic waiver of subrogation endorsement[provision]that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it. In the absence of such a contractual obligation on the part of the named insured,the waiver of subrogation feature does not apply. Miscellaneous Attachment:M495006 Master ID:1377771,Certificate ID:13864618 RESOLUTION RE: APPROVE EMERGENCY BID #61600028, LNG FUELING MOBILE STATION AND WAIVER OF TEN-DAY WAITING PERIOD FOR CONSIDERATION AND INVESTIGATION-DEPARTMENT OF PUBLIC WORKS WHEREAS,the Board of County Commissioners of Weld County,Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County,Colorado,and WHEREAS,the Department of Purchasing has requested waiver of the ten-day waiting period for Emergency Bid Request#B1600028,LNG Fueling Mobile Station,for the Department of Public Works,in order to comply with the deadline requirements of the grant funds,and WHEREAS,the Board of County Commissioners deems it advisable to waive the ten-day waiting period for said emergency bid. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the ten-day waiting period for Emergency Bid Request#B1600028, LNG Fueling Mobile Station,for the Department of Public Works,be,and hereby is,waived. BE IT FURTHER RESOLVED by the Board that the low bid from Stabllis Energy, in the amount of$579,720,be,and hereby is,accepted on an emergency basis. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of February,A.D.,2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO ATTEST: Uf Cd( ,,.,/ •�/lo oC Mike Freeman,Chair Weld County Clerk to the Board Q Sean P.Conway,i Pro-Tem De Clerk to t a Board E L A ( ( ie A.Cozad APPRO DA . .-M: �iwi ( 4:1- / ,fR GS 4:ia ara Kirkmeyq ounty'ttorney •UIli � ♦ r'I Steve Moreno Date of signature: s9{ 2016-0620 PO0016 C C_Pi`?y,319 EG0073 1861 MEMORANDUM U � TO: Board of County Commissioners G O U N T T DATE: February 10, 2016 FROM: Elizabeth Relford, Transportation Manager SUBJECT: Bid No. B1600028 — LNG Fueling Station Public Works received two responsive bids ranging from $579,720 to $1,527,493 for a liquefied natural gas (LNG) fueling station to be located on county-owned land in the NFR MPO on the east side of the Weld County Parkway at Holly Avenue. Weld County recommends awarding to low bid Stabilis Energy for $579,720. This project is funded by federal Congestion, Mitigation, Air Quality (CMAQ) program funds from the North Front Range Metropolitan Planning Organization (NFR MPO) for fiscal year (FY) 2014. Weld County's local match for the project is $86,000. The federal funding is for $464,000 and Stabilis Energy will be responsible for the difference. Staff is requesting emergency approval of the bid in order to comply with the deadline requirements of the grant funds. Therefore, work on this project needs to begin immediately in order to complete the project. The contract would follow soon. 6G / 7 `bp /(-'" WELD COUNTY PURCHASING soliv1150 O Street Room # 107 , Greeley CO 80631 ria� T IC C:- , .. , E-mail : mwalters (a? co . weld . co . us t _ rriA -- W I U��. E- mail . reverettco . weld . co . us d . co . s LA . PJ7 Phone : (970) 356-4000 , Ext 4222 or 4223 j t_olj.;� Fax : (970) 336-7226 DATE OF BID : FEBRUARY 10 , 2016 REQUEST FOR : LNG FUELING MOBILE STATION DEPARTMENT : PUBLIC WORKS DEPT BID NO : #B1600028 PRESENT DATE : February 17th , 2016 APPROVAL DATE : February 17th , 2016 ( Emergency Approval ) VENDORS TOTAL COST STABILIS ENERGY $ 579 , 720 . 00 700 17TH Street, 24th Floor Denver CO 80202 CGRS $ 1 , 527 , 493 . 00 1301 Academy Court Fort Collins CO 80524 I Dept is reviewing bids at this time. 2016-0620 th Hello