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Home My WebLink About20153267.tiff RESOLUTION RE: APPROVE CONSTRUCTION AGREEMENT FOR TRM INSTALLATION (EM-BR34-17A AND EM-BR19.5-36A) AND AUTHORIZE CHAIR PRO-TEM TO SIGN -ALL COWBOY EROSION CONTROL 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 Board has been presented with a Construction Agreement for TRM Installation (EM-BR34-17A and EM-BR19.5-36A) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and All Cowboy Erosion Control, commencing upon full execution of signatures, and, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Construction Agreement for TRM Installation (EM-BR34-17A and EM- BR19.5-36A) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and All Cowboy Erosion Control be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tern be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of October, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:C EXCUSED Je:40;64 Barbara Kirkmeyer, Chair Weld County Clerk to the Board erna-lAta, Mike Freeman, Pro-Tern BY: ty Clerk t• the Board r P. C+nway APPROVED AS TO FORM: 361 `-:; �! ktio ul A. Cozad County Attorney `. ,r,,,r✓' �-e-�� 16/0 Steve Moreno Date of signature: 2015-3267 CC Pi LZ@K re) I°Iap 4;2007 MEMORANDUM TO: Esther Gesick, CTB DATE: October 5, 2015 . G OU N 17..Y FROM: Clay Kimmi, P.E., Public Works SUBJECT: Contract for B1500162 Attached are 2 original contracts. Please place the attached agreement on the BOCC Agenda. Please return a copy of the agreement to me so I can forward to the contractor. The BOCC approved the award of this contract to All Cowboy Erosion Control on September 28, 2015. The contractor has signed the contract and has provided a performance bond, a labor bond, and a certificate of insurance listing Weld County as additional insured parties. The BOCC is asked to sign this contract so the flood repair work can be started as soon as possible. Bob Choate from the County Attorney's office reviewed the contract prior to the bid being advertised. Trevor Jiricek from the Purchasing Department also reviewed the contract prior to the bid being advertised. I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding this agreement. 2015-3267 Page 1 of 1 M:\Weld County Flood 2013 Version 2\Site Specific Projects\Bridge Projects\34-17A\Phase 3 Work-TRM\Contract Does\Contract\B1500162 Contract Memo to BOCC.docx WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY&ALL COWBOY EROSION CONTROL PROJECT:TRM INSTALLATION FOR EM-BR34-17A&EM-BR19.5-36A THIS AGREEMENT is made and entered into this day of 015, by and between the County of Weld, a body corporate and politic of the State of Cobra o, by and through its Board of County Commissioners,whose address is 1150"O"Street,Greeley,Colorado 80631 hereinafter referred to as"County,"and All Cowboy Erosion Control,a limited liability company,who whose address is 18277 CR 22, Fort Lupton,CO 80621, hereinafter referred to as"Contractor". WHEREAS,the above mentioned County Roads and/or Bridges sustained flood damages in the September 2013 flood and are in need of repair, (hereinafter referred to as the"Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the permanent repair of this road and/or bridge, and WHEREAS, County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit A; 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 (RFB)as set forth in "Bid Package No. B1500162. The RFB contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid.The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials,equipment and/or products necessary for the Project and agrees to diligently provide all services,labor,personnel and materials necessary to perform and complete the Project described in Exhibit A which is attached hereto and incorporated herein by reference. Contractor shall coordinate with,the Weld County Director of Public Works or other designated supervisory personnel,(the"Manager"); to perform the services described on attached Exhibit A. 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 Exhibit A within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. In its sole discretion,the County,by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty(30)days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County,and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A and B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore,within the thirty(30)days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore,this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials(or services)under this Agreement beyond the time when such materials(or services)become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1)the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2)the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and(3)the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination,County shall take possession of all materials,equipment,tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement,together with all other items, • materials and documents which have been paid for by County,and these items,materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT- INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 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$247,553.90, which is the bid set forth in Exhibit B.Contractor acknowledges no payment in excess of that amount will be made by County unless a"change order"authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding,in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement.County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25,title 30 of the Colorado Revised Statutes,the Local Government Budget Law(C.R.S. 29-1-101 et. seq.)and the TABOR Amendment(Colorado Constitution,Article X, Sec. 20) 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers,agents or employees will not become employees of County,nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers'compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes(if applicable)incurred pursuant to this Agreement.Contractor shall not have authorization,express or implied,to bind County to any agreement,liability or understanding,except as expressly set forth in this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent,which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor,as approved by County and to the extent of the Services to be performed by the subcontractor,to be bound to Contractor by the terms of this Agreement,and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County.County shall have the right(but not the obligation)to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain(as applicable),the property of County. In addition,all reports,data,plans,drawings,records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form,shall at all times be considered the property of the County.Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal,clearly denoting in red on the financial information at the top the word,"CONFIDENTIAL."However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell,assign,distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees,agents,and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty. Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement.Contractor further represents and warrants that all construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc.,generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor,and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied,to any breach of any one or more covenants,provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach.Acceptance by the County of, or payment for,the construction completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. General Requirements:Contractors/Contract Professionals must secure,at or before the time of execution of any agreement or commencement of any work,the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above-described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty(30)days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10)days prior. If any policy is in excess of a deductible or self-insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self-insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond,at no cost to County, in the amount of the deductible or self-insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements,and these requirements do not decrease or limit the liability of Contractor/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts,duration,or types. Any modification to these requirements must be made in writing by Weld County. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Indemnity: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability,suits,actions,or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act,claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons,or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement,or on account of or in consequence of neglect of The Contractor in its construction methods or procedures; or in its provisions of the materials required herein,or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law,ordinance,order,or decree.This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation,defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities,successors,or assigns, its elected officials,trustees,employees,agents,and volunteers for losses arising from the work performed by the Contractor for the County.A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contractor/Contract Professional shall obtain,and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers'Compensation Insurance as required by state statute,and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers'Compensation Act.,AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A(Workers' Compensation) 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 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; $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: 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 Weld County and the State of Colorado as an additional insureds. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors:All subcontractors,subcontractors,independent Contractors,sub-vendors,suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors,sub-vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages.Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors,sub-vendors suppliers or other entities upon request by the County. 14. Special Flood Provision. The successful bidder agrees that it is a"Sub-grantee"as that term is used and/or referred to in the Grant Agreement Between the State of Colorado, Department of Public Safety,Division of Homeland Security and Emergency Management and Weld County, Public Assistance FEMA-DR-4145-CO: 14-D4145-011, Routing/CMS Number 63343("the State Contract"),approved by the Board of County Commissioners of Weld County on December 16,2013. The successful bidder shall comply with all requirements of the Sub-grantee as stated in the State Contract. The successful bidder also shall comply with the terms, requirements,and conditions as they apply to the"Grantee,"which are set forth in Sections 12 A and C, 13 B and C, and Exhibit A, Exhibit B and Exhibit C of the State Contract. Furthermore, the successful bidder shall assist Weld County in complying with the reporting requirements detailed in Section 8 of the State Contract. 15. 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. 16. 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. 17. 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. 18. 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,Clay Kimmi,Senior Engineer. All notices or other communications(including annual maintenance)made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a. personal service by a reputable courier service requiring signature for receipt; or b. five(5)days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c. electronic transmission via email at the address set forth below,where a receipt or acknowledgment is required by the sending party; or d. transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es)by written notice to the other. Notification Information: Contractor: All Cowboy Erosion Control Attn.: Brady Buum Address: 18277 CR 22 Address: Fort Lupton, CO 80621 E-mail: brady@acerosioncontrol.com Phone: 303-710-2809 Facsimile: 303-536-9254 Coun : Name: Clay Kimmi Position: Senior Engineer Address: PO Box 758 Address: 1111 H St, Greeley, CO 80632-0758 E-mail: ckimmi@co.weld.co.us Phone: 970-304-6496 x 3741 Facsimile: 970-304-6497 19. 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. 20. 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. 21. 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. 22. 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. 23. Employee Financial Interest/Conflict of Interest— C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement.County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests.During the term of this Agreement, Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board,committee or hold any such position which either by rule,practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 24. 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. 25. 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. 26. 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. 27. 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. 28. 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. 29. Public Contracts for Services C.R.S.§8-17.5-101. Contractor certifies,warrants,and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement,through participation in the E-Verify program of the State of Colorado program established pursuant to C.R.S.§8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement.Contractor shall not use E-Verify Program or State of Colorado program procedures to undertake pre-employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three(3)days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S.§8-17.5-102(5),by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County,a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S.§8-17.5-101 et seq.,County, may terminate this Agreement for breach,and if so terminated,Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. §24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. §24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor,it hereby swears or affirms under penalty of perjury that it: (a)is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law,(b)shall produce one of the forms of identification required by C.R.S.§24-76.5-101,et seq.,and(c)shall produce one of the forms of identification required by C.R.S.§24-76.5-103 prior to the effective date of the contract. 30. 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. 31. Compliance with Davis-Bacon Wage Rates. Contractor understands and agrees that, if required by the provisions of Exhibit A,the work shall be in compliance with the Davis-Bacon Wage Rates. (If compliance with this statute is required by County under this Agreement, a copy of the information is contained in Exhibit A, County's Request for Bid, and is a part this Agreement.) 32. Compliance with CDBG-DR General Conditions Attachment A. Contractor understands and agrees that,if required by the provisions of Attachment A, the work shall be in compliance with the applicable GENERAL CONDITIONS and is a part of this Agreement. 33. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement,the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 34. 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 and Attachment A,General Conditions of the Contract,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. 'I IN WITNESS WHEREOF,the parties hereto have signed this Agreement this pa- , day of , 2015. CONTRACTOR: /eke- eO6.p, eiexq`cy2 e0,76t,/ By: 3 Name: � -cam /S 4'4-4441 Title: e'w4° WELD COU f, ATTEST: �ra G vK BOARD OF COUNTY COMMISSIONERS Weld C•. ty er to the Board WELD COUNTY, COLORADO BY: ►* • Deputy CI k to the Boar Mike Freeman, Pro=Tem �°Qd�� OCT 122015 APPD A TO : � © PPROVED AS O SUBSTA CE: s •, ( 1 Controller / � �;�, " f Eled •ff'' ial or Department }:d APPROV AS TO FORM. _\. 10) Direc or of G ner I Services County Attorney ,2o/6, 3,,2(al (-) ATTACHMENT A: GENERAL CONDITIONS OF THE CONTRACT 1.Contract and Contract Documents The project to be constructed pursuant to this Contract will be financed with assistance from the Colorado CDBG Program and is subject to all applicable Federal and State laws and regulations. The Plans, Specifications and Addenda, hereinafter enumerated in Paragraph 1 of the Supplemental General Conditions shall form part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. These CDBG criteria shall take precedence over Specifications or Plans and supplement the 2011 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications). 1. Contract and Contract Documents 44. Life/Health Protection 2. Definitions 45. Subcontracts 3. Additional Instructions and Drawings 46. Interest/Congressmen 4. Shop or Setting Drawings 47. Other Prohibited Interests 5. Materials, Service, Facilities 48. Use Prior to Acceptance 6. Contractor's Title to Materials 49. Photographs 7. Inspection/Testing of Materials 50. Suspension of Work 8. "Or Equal"Clause 51. Minimum Wages 9. Patents 52. Underpayment of Wages 10. Surveys, Permits and Regulations 53. Fringe Benefits 11. Contractor's Obligations 54. Overtime Compensation 12. Weather Conditions 55.Apprentices 13. Protection of Work and Property- 56. Section 3 Property--Emergency 57. Employment Prohibited 14. Inspection 58.Anti-Kickback Act 15. Reports, Records and Data 59. Classifications Not Listed 16. Superintendence by Contractor 60. Benefits Not Expressed 17. Changes in Work 61. Posting of Wage Rates 18. Extras 62. Complaints or Testimony 19. Time for Completion and Liquidated 63. Claims and Disputes Damages 64. Questions Re: Regulations 20. Correction of Work 65. Payrolls and Records 21. Subsurface Conditions-Different 66. Specific Coverage 22. Claims for Extra Cost 67. Ineligible Subcontractors 23. Owner Termination of Contract 68. Provisions to be Included 24. Construction Schedule/Periodic 69. Breach of Labor Standards 25. Payments to Contractor 70. Employment Practices 26. Final Payment as Release 71. Contract Termination; Debarment 27. Payments by Contractor 72. Public Contract for Services — Employment 28. Insurance Eligibility Verification 29. Contract Security 73. Subcontracting with Small and Minority Firms, 30. Additional or Substitute Bond Women's Business Enterprise,and Labor Surplus 31.Assignments Area Firms 32. Mutual Responsibility of Contractors 74. HUD 4010 Form, Labor Standards Provisions 33. Separate Contractors 34. Subcontracting 35.Architect/Engineer's Authority 36. Stated Allowances 37. Removal of Debris 38. Detail Estimates 39. Right of Way 40. General Guaranty 41. Conflicting Conditions 42. Notice and Service Thereof 43. Provisions Deemed Inserted m`Am' 6 N .`.AV0,-` .lY *LA ._ ."1/4 NI Y ,..y _.fl wi' 2. Definitions The following terms as used in this Contract are respectively defined as follows: (a) CONTRACTOR:A person,firm or corporation with whom the contract is made by the Owner,i.e.,the Local Government. (b) SUBCONTRACTOR:A person,firm or corporation supplying labor and materials or only labor for work at the site of the project,for and under separate contract or agreement with the Contractor. (c) WORK ON (AT)THE PROJECT: Work to be performed at the location of the project, including the transportation of materials and supplies to or from the location of the project by employees of the Contractor and any Subcontractor. 3. Additional Instructions and Detail Drawings The Contractor will be furnished additional instructions and detail drawings as necessary to carry out the work included in the contract. The additional drawings and instructions thus supplied to the Contractor will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof.The Contractor shall carry out the work in accordance with the additional detail drawings and instructions. The Contractor and the Architect/Engineer will prepare jointly:(a)a schedule,fixing the dates at which special detail drawings will be required, such drawings, if any,to be furnished by the Architect/Engineer in accordance with said schedule,and(b)a schedule fixing the respective dates for the submission of shop drawings,the beginning of manufacture,testing and installation of materials, supplies and equipment, and the completion of the various parts of the work;each such schedule to be subject to change from time to time in accordance with the progress of the work. 4. Shop Setting Drawings The Contractor shall submit promptly to the Architect/Engineer two copies of each shop or setting drawing prepared in accordance with the schedule predetermined aforesaid.After examination of such drawings by the Architect/Engineer and the return thereof,the Contractor shall make such corrections to the drawings as have been indicated and shall furnish the Architect/Engineer with two corrected copies. If requested by the Architect/Engineer,the Contractor must furnish additional copies. Regardless of corrections made in or approval given to such drawings by the Architect/Engineer, the Contractor will nevertheless be responsible for the accuracy of such drawings and for their conformity to the Plans and Specifications, unless he notifies the Architect/Engineer in writing of any deviations at the time he furnishes such drawings. 5. Materials,Services,and Facilities (a)It is understood that except as otherwise specifically stated in the Contract Documents,the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, superintendence, temporary construction of every nature whatsoever necessary to execute,complete, and deliver the work within the specified time. (b)Any work necessary to be performed after regular hours,on Sundays or Legal Holidays,shall be performed without additional expenses to the Owner. 6. Contractor's Title to Materials No materials or supplies for the work shall be purchased by the Contractor or by any Subcontractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work,free from all liens, claims, or encumbrances. 7. Inspection and Testing of Materials (a)All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards. The laboratory or inspection agency shall be selected by the Owner. The Owner will pay for all laboratory inspection service direct, and not as part of the contract. (b) Materials of construction, particularly those upon which the strength and durability of the structure may depend,shall be subject to inspection and testing to establish conformance with specifications and suitability for uses intended. 8. "Or Equal"Clause Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference to manufacturers'or vendors'names,trade names,catalogue numbers,etc.,it is intended merely to establish a standard; and,any material,article,or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article, or equipment so proposed, is, in the opinion of the Architect/Engineer, of equal substance and function. It shall not be purchased or installed by the contractor without the Architect/Engineer's written approval. 9. Patents (a) The Contractor shall hold and save the Owner and its officers, agents, servants, and employees harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention,process,article,or appliance manufactured or used in the performance of the contract,including its use by the Owner, unless otherwise specifically stipulated in the Contract Documents. (b) License or Royalty Fees: License and/or Royalty Fees for the use of a process which is authorized by the Owner of the project must be reasonable,and paid to the holder of the patent,or his authorized licensee,direct by the Owner and not by or through the Contractor. (c) If the Contractor uses any design,device or materials covered by letters,patentor copyright,he shall provide for such use by suitable agreement with the Owner of such patented or copyrighted design,device or material. It is mutually agreed and understood, that, without exception, the contract prices shall include all royalties or costs arising from the use of such design, device or materials, in any way involved in the work. The Contractor and/or his Sureties shall indemnify and save harmless the Owner of the project from any and all claims for infringement by reason of the use of such patented or copyrighted design,device or materials or any trademark or copyright in connections with work agreed to be performed under this contract,and shall indemnify the Owner for any cost,expense or damage which it may be obligated to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work. 10. Surveys, Permits,and Regulations Unless otherwise expressly provided for in the Specifications, the Owner will furnish to the Contractor all surveys necessary for the execution of the work. The Contractor shall procure and pay all permits, licenses and approvals necessary for the execution of his contract. The Contractor shall comply with all laws,ordinances, rules,and regulations relating to performance of the work,the protection of adjacent property, and the maintenance of passageways, guard fences or other protective facilities. 11. Contractor's Obligations The Contractor shall and will, in good workmanlike manner, do and perform all work and furnish all supplies and materials, machinery,equipment,facilities and means,except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this contract,within the time herein specified, in accordance with the provisions of this contract and said specifications and in accordance with the plans and drawings covered by this contract any and all supplemental plans and drawings, and in accordance with the directions of the Architect/Engineer as given from time to time during the progress of the work. He shall furnish,erect, maintain, and remove such construction plant and such temporary works as may be required. The Contractor shall observe,comply with,and be subject to all terms,conditions,requirements,and limitations of the contract and specifications, and shall do, carry on, and complete the entire work to the satisfaction of the Architect/Engineer and the Owner. 12. Weather Conditions In the event of temporary suspension of work,or during inclement weather,or whenever the Architect/Engineer shall direct,the Contractor will,and will cause his subcontractors to protect carefully his and their work and materials against damage or injury from the weather. If, in the opinion of the Architect/Engineer, any work or material shall have been damaged or injured by reason of failure on the part of the Contractor or any of his Subcontractors so to protect his work, such materials shall be removed and replaced at the expense of the Contractor. 13. Protection of Work Property—Emergency The Contractor shall at all times safely guard the Owner's property from injury or loss in connection with this contract. He shall at all times safely guard and protect his own work,and that of adjacent property from damage.The Contractor shall replace or make good any such damage, loss or injury unless such is caused directly by errors contained in the Contract or by the Owner, or his duly authorized representatives. In case of an emergency which threatens loss or injury of property, and/or safety or life, the Contractor will be allowed to act, without previous instructions from the Architect/Engineer, in a diligent manner. He shall notify the Architect/Engineer immediately thereafter.Any claim for compensation by the Contractor due to such extra work shall be promptly submitted to the Architect/Engineer for approval.Where the Contractor has not taken action but has notified Architect/Engineer of an emergency threatening injury to persons or damage to the work of any adjoining property, he shall act as instructed or authorized by the Architect/Engineer. The amount of reimbursement claimed by the Contractor on account of any emergency action shall be determined in the manner provided in Paragraph 17 of the General Conditions. 14. Inspection The authorized representatives and agents of the Colorado Department of Local Affairs shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. 15. Reports, Records,and Data The Contractor shall submit to the Owner such schedule of quantities and costs,progress schedule,payrolls,reports, estimates, records, and other data as the Owner may request concerning work performed or to be performed under this contract. 16. Superintendence by Contractor At the site of the work the Contractor shall employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Architect/Engineer and shall be one who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll. 17. Changes in Work No changes in the work covered by the approved Contractor Documents shall be made without having prior written approval of the Owner. Charges or credits for the work covered by the approved change shall be determined by one or more of the following methods: (a) Unit bid prices previously approved (b) An agreed lump sum (c) The actual cost of: (1) Labor, including foreman; (2) Materials entering permanently into the work; (3)The ownership or rental cost of construction plant and equipment during the time of use on the extra work; (4) Power and consumable supplies for the operation of power equipment; (5) Insurance; (6) Social Security and old age and unemployment contributions. To the cost under(c)there shall be added a fixed fee to be agreed upon but not to exceed fifteen (15%) of the actual cost of the work. The fee shall be compensation to cover the cost of supervision, overhead, bond, profit and any other general expenses. 18. Extras Without invalidating the contract,the Owner may order extra work or make changes by altering,adding to or deducting from the work,the contract sum being adjusted accordingly,and the consent of the Surety being first obtained where necessary or desirable.All the work of the kind bid upon shall be paid for at the price stipulated in the proposal,and no claims for any extra work or materials shall be allowed unless the work is ordered in writing by the Owner or its Architect/Engineer, acting officially for the Owner, and the price is stated in such order. 19. Time for Completion and Liquidated Damages It is hereby understood and mutually agreed,by and between the Contractor and the Owner,that the date of beginning and the time for completion as specified in the Contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract;and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the"Notice to Proceed." The Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the Owner,that the time for the completion of the work described herein is a reasonable time for the completion of the same,taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. If the said Contractor shall neglect,fail or refuse to complete the work within the time herein specified,or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part consideration for the awarding of this Contract, to pay the Owner the amount specified in the Contract, not as a penalty but as liquidated damages for such breach of Contract as hereinafter set forth,for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, and said amount is agreed to be the amount of damages which the Owner would sustain and said amount shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and of the specifications wherein and definite and certain length of time is fixed for the performance of any act whatsoever,and where under the Contract an additional time is allowed for the completion of any work,the new time limit fixed by such extension shall be of the essence of this Contract, PROVIDED,that the Contractor shall not be charged with liquidated damages or any excess cost when the Owner determines that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the Owner; PROVIDED, FURTHER, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due: (a) To any preference, priority or allocation order duly issued by the Local Public Agency; (b) To unforeseen cause beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God,or the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and severe weather; and (c) To any delays of Subcontractors or suppliers occasioned by any of the causes specified in subsections (a)and (b)of this article: PROVIDED, FURTHER,that the Contractor shall,within ten (10)days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date of final settlement of the contract, notify the Owner, in writing, of the cause of the delay, shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of its decision in the matter. 20. Correction of Work All work, all materials, whether incorporated in the work or not, all processes of manufacture, and all methods of construction shall be at all times and places subject to the inspection of the Architect/Engineer who shall be the final judge of the quality and suitability of the work, materials, processes of manufacture,and methods of construction for the purposes for which they are used.Should they fail to meet his approval they shall be forthwith reconstructed,made good, replaced and/or corrected as the case may be, by the Contractor at his own expense. Rejected material shall immediately be removed from the site. If, in the opinion of the Architect/ Engineer, it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents,the compensation to be paid to the Contractor hereunder shall be reduced by such amount as in the judgment of the Architect/Engineer shall be equitable. 21. Subsurface Conditions Found Different Should the Contractor encounter subsurface and/or latent conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Architect/Engineer of such conditions before they are disturbed.The Architect/Engineer will thereupon promptly investigate the conditions,and if he finds that they materially differ from those shown on the Plans or indicated in the Specifications, he will at once make such changes in the Plans and/or Specifications as he may find necessary, any increase or decrease of cost resulting from such changes to be adjusted in the manner provided in Paragraph 17 of the General Conditions. 22. Claims for Extra Cost No claim for extra work or costs shall be allowed unless the same was done in pursuance of a written order of the Architect/Engineer approved by the Owner, as aforesaid, and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of subparagraph 17(c) of the General Conditions,the Contractor shall furnish satisfactory bills, payrolls and vouchers covering all items of cost and when requested by the Owner, give access to accounts relating thereto. 23. Right of the Owner to Terminate Contract In the event that any of the provisions of this Contract are violated by the Contractor,or by any of his subcontractors, the Owner may serve written notice upon the Contractor and the Surety of its intention to terminate the Contract,such notices to contain the reason for such intention to terminate the Contract,and unless within(10)days after the serving of such notice upon the Contractor,such violation or delay shall cease and satisfactory arrangement of correction be made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination,the Owner shall immediately serve notice thereof upon the Surety and the Contractor and the Surety shall have the right to take over and perform the Contract; provided, however, that if the Surety does not commence performance thereof within ten(10)days from the date of the mailing to such Surety Contractor and his Surety shall be liable to the Owner for any excess cost occasioned the Owner thereby, and in such event the Owner may take possession of and utilize in completing the work,such material,appliances,and plant as may be on the site of the work and necessary therefore. 24. Construction Schedule and Periodic Estimates Immediately after execution and delivery of the Contract,and before the first partial payment is made,the Contractor shall deliver to the Owner an estimated construction progress schedule in form satisfactory to the Owner,showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly payment that will become due the Contractor in accordance with the progress schedule.The Contractor shall also furnish on forms to be supplied by the Owner: (a)a detailed estimate giving a complete breakdown of the contract price and(b)periodic itemized estimates of work done for the purpose of making partial payments thereon.The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the Contract price. 25. Payments to Contractor (a) Not later than the 15th day of each calendar month the Owner shall make a progress payment to the Contractor on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this Contract, but to insure the proper performance of this Contract the Owner may retain five percent (5%) of the amount of each estimate until final completion and acceptance of all work covered by this Contract; PROVIDED, that the Contractor shall submit his estimate not later than the first day of the month; PROVIDED, FURTHER, that the Owner at any time after fifty percent (50%) of work has been completed, if he finds that satisfactory progress is being made, may make any of the remaining progress payments in full; PROVIDED, FURTHER,that on completion and acceptance of each separate building,public work,or other division of the Contract, on which the price is stated separately in the Contract, payment may be made in full, including retained percentages thereon, less authorized deductions. (b) In preparing estimates the material delivered on the site preparatory to work done may be taken into consideration. (c) All material and work covered by partial payments made shall thereupon become the sole property of the Owner,but this provision shall not be construed as relieving the Contractor from have been made or the restoration of any damaged work, or as a waiver of the right of the Owner to require the fulfillment of all of the terms of the contract. (d) OWNER'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF: The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, material men, and furnishers of machinery and parts thereof,equipment, power tools,and all supplies,including commissary,incurred in the furtherance of the performance of this Contract.The Contractor shall,at the Owner's request,furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid,discharged,or waived.If the Contractor fails so to do,then the Owner may,after having served written notice on the said Contractor,either pay unpaid bills,of which the Owner has written, direct or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged hereupon payment to the Contractor shall be resumed, in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be constructed to impose any obligations upon the Owner to either the Contractor or his Surety. In paying any unpaid bills of the Contractor,the Owner shall be deemed the agent of the Contractor,and any payment so made by the Owner shall be considered as a payment made under the Contract by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments made in good faith. 26. Acceptance of Final Payment Constitutes Release The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner of all claims and all liability to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Owner and others relating to or arising out of this work. No payment, however,final or otherwise,shall operate to release the Contractor or his sureties from any obligations under this Contract or the Performance and Payment Bond. 27. Payments by Contractors The Contractor shall pay(a)for all transportation and utility services not later than the 20th day of the calendar month following that in which such materials,tools,and equipment are delivered at the site of the project,and the balance of the cost thereof, not later than the 30th day following the completion of that part of the work in or on which such materials,tools,and equipment are incorporated or used,and(c)to each of his subcontractors, not later than the 5th day following each payment to the Contractor,the respective amounts allowed the Contractor on account of the work performed by his subcontractors to the extent to each subcontractor's interest therein. 28. Insurance The Contractor shall not commence work under this contract until he has obtained all the insurance required under this paragraph and such insurance has been approved by the Owner,nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required of the subcontractor has been so obtained and approved. (a) COMPENSATION INSURANCE:The Contractor shall procure and shall maintain during the life of his Contract Workmen's Compensation Insurance as required by applicable State law for all of his employees to be engaged in work at the site of the project under this contract and, in case of any such work sublet,the Contractor shall require the subcontractor similarly to provide Workmen's Compensation Insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's Workmen's Compensation Insurance. In case any class of employees engaged in hazardous work on the project under this Contract is not protected under the Workmen's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. (b) CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE AND VEHICLE LIABILITY INSURANCE:The Contractor shall procure and shall maintain during the life of this Contract Contractor's Public Liability Insurance, Contractor's Property Damage Insurance and Vehicle Liability Insurance in the amounts specified in the Supplemental General Conditions. (c) SUBCONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE AND VEHICLE LIABILITY INSURANCE:The Contractor shall either(1)require each of his subcontractors to procure and to maintain during the life of his subcontract,Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified in the Supplemental General Conditions specified in subparagraph (b) hereof, (2) insure the activities of his policy specified in subparagraph (b) hereof. (d) SCOPE OF INSURANCE AND SPECIAL HAZARDS:The insurance required under subparagraphs (b)and (c) hereof shall provide adequate protection for the Contractor and his subcontractors, respectively, against damage claims which may arise from operations under this Contract,whether such operations be by the insured or by anyone directly or indirectly employed by him and,also against any of the special hazards which may be encountered in the performance of this contract as enumerated in the Supplemental General Conditions. (e) BUILDER'S RISK INSURANCE(FIRE&EXTENDED COVERAGE): Until the project is completed and accepted by the Owner,the Owner,or Contractor(at the Owner's option as indicated in the Supplemental General Conditions, Form (HUD-4238-N) is required to maintain Builder's Risk Insurance(fire and extended coverage)on a 100 percent completed value basis on the insurable portion of the project for the benefit of the Owner,the Contractor, subcontractors as their interests may appear. The Contractor shall not include any costs for Builder's Risk Insurance (fire and extended coverage) premiums during construction unless the Contractor is required to provide such insurance; however,this provision shall not release the Contractor from his obligation to complete,according to plans and specifications, the project covered by the Contract, and the Contractor and his Surety shall be obligated to full performance of the Contractor's undertaking. (f) PROOF OF CARRIAGE OF INSURANCE:The Contractor shall furnish the Owner with certificates showing the type, amount, class of operations covered, effective dates and date of expiration of policies. Such certificates shall also contain substantially the following statement:'The insurance covered by this certificate will not be canceled or materially altered, except after five(5)days written notice has been received by the Owner." 29. Contract Security The Contractor shall furnish a performance bond in an amount at least equal to one hundred percent(100%)of the contract prices as security for the faithful performance of this Contract and also a payment bond in an amount not less than one hundred percent (100%) of the contract price or in a penal sum not less than that prescribed by State, territorial or local law,as security for the payment of all persons performing labor on the project under this Contract and furnishing materials in connection with this Contract.The performance bond and the payment bond may be in one or in a separate instrument in accordance with local law. 30. Additional or Substitute Bond If at any time the Owner for justifiable cause shall be or become dissatisfied with any surety or sureties,then upon the Performance or Payment Bonds, the Contractor shall within five (5) days after notice from the Owner so to do, substitute an acceptable bond (or bonds) in such form and sum and signed by other surety or sureties as may be satisfactory to the Owner.The premiums on such bonds shall be paid by the Contractor.No further payments shall be deemed due nor shall be made until the new surety or sureties shall have furnished such an acceptable bond to the Owner. 31. Assignments The Contractor shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without consent of the Owner. In case the Contractor assigns all or any part of any monies due or to become due under this contract,the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or become due to the Contractor shall be subject to prior claims of all persons,firms,and corporations of services rendered or materials supplied for the performance of the work called for in this Contract. 32. Mutual Responsibility of Contractors If,through acts of neglect on the part of the Contractor,any other Contractor or any subcontractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractors or subcontractors by agreement or arbitration if such other Contractor or subcontractor will so settle. If such other Contractor or subcontractor shall assert any claim against the Owner on account of any damage alleged to have been sustained,the Owner shall notify the Contractor,who shall indemnify and save harmless the Owner against any such claim. 33. Separate Contract The Contractor shall coordinate his operations with those of other Contractors. Cooperation will be required in the arrangement for the storage of materials and in the detailed execution of the work. The Contractor, including his subcontractors, shall keep informed of the progress and the detail work of other Contractors and shall notify the Architect/Engineer immediately of lack of progress or defective workmanship on the part of other Contractors.Failure of a Contractor to keep informed of the work progressing on the site and failure to give notice of lack of progress or defective workmanship by others shall be construed as acceptance by him of the status of the work as being satisfactory for proper coordination with his own work. 34. Subcontracting (a) The Contractor may utilize the services of specialty subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty sub-contractors. (b) The Contractor shall not award any work to any subcontractor without prior written approval of the Owner,which approval will not be given until the Contractor submits to the Owner a written statement concerning the proposed award to the subcontractor,which statement shall contain (c) The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors,and of persons either directly or indirectly employed by them,as he is for the acts and omissions of persons employed by him. (d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contract by the terms of the General Conditions and other contract documents insofar as applicable to the work of subcontractors and to give the Contractor the same power as regards terminating any subcontract that the Owner may exercise over the Contractor under any provision of the Contract Documents. (e) Nothing contained in this Contract shall create any contractual relation between any subcontractor and the Owner. 35. Architect/Engineer's Authority The Architect/Engineer shall give all orders and directions contemplated under this contract and specifications,relative to the execution of the work.The Architect/Engineer shall determine the amount,quality,acceptability,and fitness of the several kinds of work and materials which are to be paid for under this Contract and shall decide all questions which may arise in relation to said work and the construction thereof.The Architect/Engineer's estimates and decisions shall be final and conclusive,except as herein otherwise expressly provided. In case any question shall arise between the parties hereto relative to said Contract or specifications,the determination or decisions of the Architect/Engineer shall be a condition precedent to the right of the Contractor to receive any money or payment for work under this Contract affected in any manner to any extent by such question. The Architect/Engineer shall decide the meaning and intent of any portion of the specifications and of any plans or drawings where the same may be found obscure or be in dispute.Any differences or conflicts in regard to their work which may arise between the Contractor under this Contract and other Contractors performing work for the Owner shall be adjusted and determined by the Architect/Engineer. 36. Stated Allowances The Contractor shall include in his proposal the cash allowances stated in the Supplemental General Conditions.The Contractor shall purchase the"Allowed Materials"as directed by the Owner on the basis of competitive bids. If the actual price for purchasing the"Allowed Materials"is more or less than the"Cash Allowance,"the contract price shall be adjusted accordingly. The adjustment in contract price shall be made on the basis of the purchase price without additional charges for overhead, profit, insurance or any other incidental expenses. The cost of installation of the "Allowed Materials"shall be included in the applicable sections of the Contract Specifications covering this work. 37. Use of Premises and Removal of Debris The Contractor expressly undertakes at his own expense: (a) to take every precaution against injuries to persons or damage to property; (b) to store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any other contractors; (c) to place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work; (d) to clean up frequently all refuse,rubbish,scrap materials,and debris caused by his operations,to the end that at all times the site of the work shall present a neat, orderly and workmanlike appearance; (e) before final payment to remove all surplus material, false-work, temporary structures, including foundations thereof,plant of any description and debris of every nature resulting from his operations, and to put the site in a neat, orderly condition; (f) to affect all cutting,fitting or patching of his work required to make the same to conform to the plans and specifications and, except with the consent of the Architect/Engineer, not cut or otherwise alter the work of any other Contractor. 38. Quantities of Estimate Wherever the estimated quantities or work to be done and materials to be furnished under this contract are shown in any of the documents including the proposal, they are given for use in comparing bids and the right is especially reserved except as herein otherwise specifically limited,to increase or diminish them as may be deemed reasonably necessary or desirable by the Owner to complete the work contemplated by this Contract, and such increase or diminution shall in no way vitiate this Contract, nor shall any such increase or diminution give cause for claims or liability for damages. 39. Lands and Right-of-Way Prior to the start of construction, the Owner shall obtain lands and rights-of-way necessary for the carrying out and completion of work to be performed under this contract. 40. General Guaranty Neither the final certificate of payment nor any provision in the Contract Documents,nor partial or entire occupancy of the premises by the Owner, shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship.The Contractor shall remedy any defects in the work and pay for any damage to other work resulting therefrom,which shall appear within a period of one year from the date of final acceptance of work unless a longer period is specified. The Owner will give notice of defects with reasonable promptness. 41. Conflicting Conditions Any provisions of the Contract Documents which may be in conflict or inconsistent with any of the paragraphs in these General Conditions shall be void to the extent of such conflict or inconsistency. 42. Notice and Service Thereof Any notice to any Contractor from the Owner relative to any part of this Contract shall be in writing and considered delivered and the service thereof completed, when said notice is posted, by certified or registered mail, to said Contractor at his last given address, or delivered in person to the said Contractor or his authorized representative on the work. 43. Provisions Required by Law Deemed Inserted Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein,and if through mistake or otherwise any provision is not inserted, or is not correctly inserted, then upon the application of either party the Contract shall forthwith be physically amended to make such insertion or correction. 44. Protection of Lives and Health "The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property,either on or off the site,which occur as a result of his prosecution of the work.The safety provisions of applicable laws and building and construction codes,in addition to specific safety and health regulations described by Chapter XIII, Bureau of Labor Standards, Department of Labor,Part 1518,Safety and Health Regulations for Construction,as outlined in the Federal Register,Volume No.75,Saturday,April 17, 1971. Title 29-LABOR, shall be observed and the Contractor shall take or cause to be taken, such additional safety and health measures as the Contracting Authority may determine to be reasonably necessary." 45. Subcontracts "The Contractor will insert in any subcontract the Federal Labor Standards Provisions contained herein and such other clauses as the Department of Housing and Urban Development or Colorado Department of Local Affairs may,by instructions require,and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into,together with a clause requiring this insertion in any further subcontracts that may in turn be made." 46. Interest of Members of or Delegate to Congress No members of or Delegate to Congress shall be admitted to any share or part of this Contract or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this Contract if made with a corporation for its general benefit. 47. Other Prohibited Interests No official of the Owner who is authorized in such capacity and on behalf of the Owner to negotiate,make,accept or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection, construction or material supply contract or any subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this Contract or in any part hereof.No officer,employee,architect, attorney,engineer or inspector of or for the Owner who is authorized in such capacity and on behalf of the Owner to exercise any legislative, executive, supervisory or other similar functions in connection with the construction of the project, shall become directly or indirectly interested personally in this Contract or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the project. 48. Use and Occupancy Prior to Acceptance by Owner The Contractor agrees to the use and occupancy of a portion or unit of the project before formal acceptance by the Owner, provided the Owner: (a) Secures written consent of the Contractor except in the event,in the opinion of the Architect/Engineer, the Contractor is chargeable with unwarranted delay in final cleanup of such list items or other contract requirements. (b) Secures endorsement from the insurance-carrier and consent of the surety permitting occupancy of the building or use of the project during the remaining period of construction, or, (c) When the notice consists of more than one building, and one of the buildings is occupied, secures permanent firm and extended coverage insurance, including a permit to complete construction. Consent of the Surety must also be obtained. (1)The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Contractor will take affirmative action to ensure that applicants are employed,and that employees are treated during employment,without regard to their race, creed, color, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2)The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, or national origin. 49. Photographs of the Project The Contractor shall furnish photographs of the project before,during,and after construction in the quantities and as described in the Supplemental General Conditions. 50. Suspension of Work Should the Owner be prevented or enjoined from proceeding with work either before or after the start of construction by reason of any litigation or other reason beyond the control of the Owner,the Contractor shall not be entitled to make or assert claim for damage by reason of said delay; but time for completion of the work will be extended to such delay with such time as the Owner may determine will compensate for time lost by such delay with such determination to be set forth in writing. 51. Minimum Wage Rate for Laborers and Mechanics All laborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally and not less often than once each week, and without subsequent deduction or rebate on any account (except such payroll deductions as are made mandatory by law and such other payroll deductions as are permitted by the applicable regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to the Anti-Kickback Act hereinafter identified),the full amount due at time of payment computed at wage rates not less than those contained in the wage determination decision of said Secretary of Labor(a copy of which is attached and herein incorporated to reference), regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontractor and such laborers and mechanics.All laborers and mechanics employed upon such work shall be paid in cash, except that payment may be by check if the employer provides or secures satisfactory facilities approved by the Local Public Agency for the cashing of the same without cost of expense to the employee. For the purpose of this clause,contributions made or costs reasonably anticipated under Section 1(b)(2)of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics,subject to the provisions of Section 5.5(a)(1)(iv)of Title 29,Code of Federal Regulations.Also for the purpose of this clause,regular contributions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. 52. Underpayment of Wages or Salaries In case of underpayment of wages by the Contractor or by any subcontractor to laborers or mechanics employed by the Contractor or subcontractor upon the work covered by this Contract,the Local Public Agency or in addition to such other rights as may be afforded it under this Contract shall withhold from the Contractor,out of any payments due the Contractor, so much thereof as the Local Public Agency may consider necessary to pay such laborers or mechanics the full amount of ages required by this Contract. The amount so withheld may be disbursed by the Local Public Agency for and on account of the Contractor or the subcontractor(as may be appropriate),to the respective laborers or mechanics to whom the same is due or on their behalf to plans,funds, or programs for any type of fringe benefit prescribed in the applicable wage determination. 53. Anticipated Costs of Fringe Benefits If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing fringe benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this Contract; provided, however, the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met.The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.A copy of any findings made by the Secretary of Labor in respect to fringe benefits being provided by the Contractor must be submitted to the Local Public Agency with the first payroll filed by the Contractor subsequent to receipt of the findings. 54. Overtime Compensation Required by Contract Work Hours and Safety Standards Act(76 Stat.357-360: Title 40 U.S.C.,Sections 327-332) (a) OVERTIME REQUIREMENTS. No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards,shall require or permit any laborer or mechanic in any workweek in which he is employed on such or to work in excess of 40 hours in such workweek unless such laborer or mechanic received compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of 40 hours in such work week, as the case may be. (b) VIOLATION: LIABILITY FOR UNPAID WAGES LIQUIDATED DAMAGES. In the event of any violation of the clause set forth in paragraph (a),the Contractor and any subcontractor responsible therefore shall be liable to any affected employee for his unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violations of the clause set forth in paragraph(a), in the sum of$10 for each calendar day on which such employee was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in paragraph (a). (c) WITHHOLDING FOR LIQUIDATED DAMAGES.The Local Public Agency shall withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or subcontractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for liquidated damages as provided in the clause set forth in paragraph (b). (d) SUBCONTRACT.The Contractor shall insert in any subcontract the clauses set forth in paragraphs (a),(b),and(c)of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into,together with a clause requiring this insertion in any further subcontracts that may in turn be made. 55. Employment or Apprentices/Trainees (a) APPRENTICES will be permitted to work at less than the predetermined rate for the work they performed when they are employed and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his first 90 days of probationary employment as an apprentice in such an apprenticeship program,who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency(where appropriate)to be eligible for probationary employment as an apprentice.The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program.Any employee listed on a payroll at an apprentice wage rate,who is not a trainee as defined in subdivision (b) of this subparagraph or is not registered or otherwise employed as stated above,shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed.The contractor or subcontractor will be required to furnish to the contracting officer or a representative of the Wage-Hour Division of the U.S. Department of Labor written evidence of the registration of his program and apprentices as well as the appropriate ratios and wage rates (expressed in percentages of the journeyman hourly rates), for the area of construction prior to using any apprentices on the contract work.The wage rate paid apprentices shall be not less than the appropriate percentage of the journeyman's rate contained in the applicable wage determination. (b) TRAINEES.Except as provided in 29 CFR 5.15,trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification, by the U.S.Department of Labor, Manpower Administration,Bureau of Apprentice and training.The ratio of trainees to journeymen shall not be greater than permitted under the plan approved by the Bureau of Apprenticeship and Training. Every trainee must be paid at not less than the rate specified in the approved program for his level of progress.Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Bureau of Apprenticeship and Training shall be paid not less than the wage rate determined by the Secretary of Labor for the classification of work he actually performed.The contractor or subcontractor will be required to furnish the contracting officer or a representative of the Wage-Hour Division of the U.S.Department of Labor written evidence of the certification of his program,the registration of the trainees,and the ratios and wage rates prescribed in that program. In the event the Bureau of Apprenticeship and Training withdraws approval of a training program,the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (c) EQUAL EMPLOYMENT OPPORTUNITY.The utilization of apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 56. Section 3 (a) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968,as amended, 12 U.S.C.70u(Section 3).The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3,shall,to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (b) The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. (c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding,if any,a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice.The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons)taking applications for each of the positions;and the anticipated date the work shall begin. (d) The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action,as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. (e) The contractor will certify that any vacant employment positions,including training positions,that are filled(1)after the contractor is selected but before the contract is executed,and(2)with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. (f) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,termination of this contract for default, and debarment or suspension from future HUD assisted contracts. (g) With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible(i)preference and opportunities for training and employment shall be given to Indians, and(ii)preference in the award of contracts and subcontracts shall be given to Indian organizations, and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b)agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 57. Employment of Certain Persons Prohibited No person under the age of sixteen years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered in this Contract. 58. Regulations Pursuant to So-Called"Anti-Kickback Act" The Contractor shall comply with the applicable regulations(a copy of which is attached and herein incorporated by reference) of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called "Anti- Kickback Act" of June 13, 1934 (48 Stat. 948: 62 Stat. 862; Title U.S.C., Section 874; and Title 40 U.S.C. Section 276c),and any amendments or modifications thereof,shall cause appropriate provisions to be inserted in subcontracts to insure compliance therewith by all subcontractors subject thereto, and shall be responsible for the submission of affidavits required by the subcontractors thereunder, except as said Secretary of Labor may specifically provide for reasonable limitations,variations,tolerances, and exemptions from the requirements thereof. 59. Employment of Laborers or Mechanics Not Listed in Aforesaid Wage Determination Decision Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract will be classified or reclassified conformably to the wage determination by the Local Public Agency and a report of the action taken shall be submitted by the Local Public Agency through the State Department of Local Affairs to the Secretary of Labor, United States Department of Labor. In the event the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used, the question accompanied by the recommendation of the Local Public Agency shall be referred through the State Department of Local Affairs to the Secretary of Labor for final determination. 60. Fringe Benefits Not Expressed as Hourly Wage Rates The Local Public Agency shall require, whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the Contractor is obligated to pay cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit,the question,accompanied by the recommendation of the Local Public Agency, shall be referred to the Secretary of Labor for determination. 61. Posting Wage Determination Decisions and Authorized Wage Deductions The applicable wage poster of the Secretary of Labor, United States Department of Labor,and the applicable wage determination decisions of said Secretary of Labor with respect to the various classifications of laborers and mechanics employed and to be employed upon the work covered by this Contract,and a statement showing all deductions,if any, in accordance with the provisions of this Contract,to be made from wages actually earned by persons so employed or to be employed under such classifications, shall be posted at appropriate conspicuous points at the site of the work. r "" t r a..:.s- .. - _ - 4:It1AI.. _.. .r .:IVA IIPIYriI'OIiYf1YLM/Y.,r_►_Jl°YY "- ...,. .,,r .," �.^' :w y... .r a. 62. Complaints, Proceedings,or Testimony by Employees No laborer or mechanic to whom the wage,salary,or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 63. Claims and Disputes Pertaining to Wage Rates Claims and disputes pertaining to wage rates or to classifications of laborers and mechanics employed upon the work covered by this Contract shall be promptly reported by the Contractor in writing to the Local Public Agency or Public Body for referral to the Secretary of Labor, United States Department of Labor, whose decision shall be final with respect thereto. 64. Questions Concerning Certain Federal Statutes and Regulations All questions arising under this Contract which relate to the application or interpretation of(a) the aforesaid Anti- Kickback Act, (b) the Contract Work Hours and Safety Standards Act, c) the aforesaid Davis-Bacon Act, (d) the regulations issued by the Secretary of Labor, United States Department of Labor,pursuant to said Acts,or(e)the labor standards provisions of any other pertinent Federal statute,shall be referred through the Local Public Agency and to the Secretary of Labor, United States Department of Labor, for said Secretary's appropriate ruling or interpretation which shall be authoritative and may be relied upon for the purposes of this Contract. 65. Payrolls and Basic Payroll Records of Contractor and Subcontractors The Contractor and each subcontractor shall prepare his payrolls on forms satisfactory to and in accordance with instructions to be furnished by the Local Public Agency or Public Body. The Contractor shall submit WEEKLY to the Local Public Agency or Public Body certified copies of all payrolls of the Contractor and of the subcontractors, it being understood that the Contractor shall be responsible for the submission of copies of payrolls of all subcontractors.Each such payroll shall contain the "Weekly Statement of Compliance"set forth in Section 3.3 of Title 29, Code of Federal Regulations. The payrolls and basic payroll records of the Contractor and each subcontractor covering all laborers and mechanics employed upon the work covered by this Contract shall be maintained during the course of the work and preserved for a period of 5 years thereafter.Such payrolls and basic payroll records shall contain the name and address of each such employee,their correct classification, rate of pay(including rates of contributions or costs anticipated, of the types described in Section 1(b)(2) of the Davis-Bacon Act,) daily and weekly number of hours worked, deductions made, and actual wages paid. In addition, whenever the Secretary of Labor has found under Section 5.5(a)(1)(iv)of Title 29,Code of Federal Regulations,that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor or subcontractor shall maintain records which shows that the commitment to provide such benefits is enforceable,that the plan of program is financially responsible,and that the plan or program has been communicated in writing to the laborers or mechanics affected,and records which show the costs anticipated or the actual cost incurred in providing such benefits.The Contractor and each subcontractor shall make his employment records with respect to persons employed by him upon the work covered by this Contract available for inspection by authorized representatives of the Secretary of Housing and Urban Development, The Colorado Department of Local Affairs, the Local Public Agency, and the United States Department of Labor. Such representatives shall be permitted to interview employees of the Contractor or of any subcontractor during working hours on the job. 66. Specific Coverage of Certain Types of Work by Employees The transporting of materials and supplies to or from the site of the Project or Program to which this Contract pertains by the employees of the Contractor or of any subcontractor,and the manufacturing or furnishing of materials,articles, supplies,or equipment on the site of the Project or Program to which this Contract pertains by persons employed by the Contractor or by any subcontractor,shall,for the purposes of this Contract,and without limiting the generality of the foregoing provisions of this Contract, be deemed to be work to which these Federal Labor Standards Provisions are applicable. War — "At` - _ r A r _ «_ rW + w , a 67. Ineligible Subcontractors The Contractor must certify that none of the subcontractors are ineligible or debarred through HUD or the General Services Administration. 68. Provisions to be Included in Certain Subcontracts The Contractor shall include or cause to be included in each subcontract covering any of the work covered by this Contract, provisions which are consistent with these Federal Labor Standards Provisions and also a clause requiring the subcontractors to include such provisions in any lower tier subcontracts which they may enter into,together with a clause requiring such insertion in any further subcontracts that may in turn be made. 69. Breach of Foregoing Federal Labor Standards Provisions In addition to the causes for termination of this Contract as herein elsewhere set forth, the Local Public Agency reserves the right to terminate this Contract if the Contractor or any subcontractor whose subcontract covers any of the work covered by this Contract shall breach any of these Federal Labor Standards Provisions. A breach of these Federal Labor Standards Provisions may also be grounds for debarment as provided by the applicable regulations issued by the Secretary of Labor, United States Department of Labor. 70. Employment Practices The Contractor(1) shall, to the greatest extent practicable, follow hiring and employment practices for work on the project which will provide new job opportunities for the unemployed and underemployed,and(2)shall insert or cause to be inserted the same provision in each construction subcontract. 71. Contract Termination; Debarment A breach of Section 45 and the Federal Labor Standards Provisions may be grounds for termination of the contract, and for debarment as provided in 29 CFR 5.6. 72. Public Contract for Services—Employment Eligibility Verification In accordance with C.R.S.8-17.5-101 and 102,the Contractor certifies through execution of this Contract that it will not knowingly employ or contract with an illegal alien who will perform work under this Contract. (a) The Contractor will participate in the E-Verify Program, the employment verification program established by the Colorado Department of Labor and Employment, in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this contract. (b) The Contractor shall notify the owner and the Colorado Department of Labor and Employment of its participation in the employment verification program. (c) The Contractor shall not enter into a contract with a subcontractor that fails to certify TO THE CONTRACTOR they THE SUBCONTRACTOR shall not knowingly employ or contract with an illegal alien to perform work under THIS Contract or use either the E-Verify Program or Colorado Department of Labor and Employment verification program procedures to undertake pre-employment screening of job applicants while the contract is being performed. (d) If the Contractor obtains actual knowledge that a subcontractor knowingly employs or contracts with an illegal alien, the Contractor is required to: (1) Notify the subcontractor and the Department of Local Affairs within three days of obtaining actual knowledge of the employment or contract with an illegal alien. (2) Terminate the subcontract if within three days of receiving the notice the subcontractor does not stop employing or contracting with the illegal alien unless, during such three days, the subcontractor provides information that it did not knowingly employ or contract with an illegal alien. (3) Comply with any reasonable request by the Colorado Department of Labor and Employment in the course of an investigation pursuant to authority established pursuant to CRS§8-17.5- 102(5)(a). (e) The Department of Local Affairs or the Owner may terminate this Contract for any violation of this provision and the Contractor shall be liable for actual and consequential damages to the Department of Local Affairs and the Owner. 73. Subcontracting with Small and Minority Firms,Women's Business Enterprise,and Labor Surplus Area Firms The Contractor shall take the following steps to ensure that,whenever possible, subcontracts are awarded to small business firms, minority firms, women's business enterprises, and labor surplus area firms: (a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (b) Ensuring that small and minority businesses and women's business enterprises are solicited whenever they are potential sources; (c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises; (d) Establishing delivery schedules, where the requirements of the contract permit, which encourage participation by small and minority businesses and women's business enterprises; and (e) Using the services and assistance of the U.S.Small Business Administration,the Minority Business Development Agency of the U.S. Department of Commerce,and State and local governmental small business agencies. Bond # COC64232 PERFORMANCE BOND (PAGE 1 OF 2) PROJECT: TRM INSTALLATION FOR EM-BR34-17A&EM-BR19.5-36A KNOW ALL MEN BY THE PRESENTS; that All Cowboy Erosion Control, LLC (Name of Contractor) 18277 CR 22, Fort Lupton, CO 80621 (Address of Contractor) LLC , hereinafter called Contractor, and a (Corporation, Partnership, or Individual) Merchants National Bonding, Inc. (Name of Surety) PO Box 14498, Des Moines, IA 50306-3498 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of $247,553.90 Dollars, ($ ), in lawful money of the United States of America, for the payment of which sum well and truly to be made,we bind ourselves, successors and assigns,jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas,the Contractor entered into a certain Contract with the Owner, dated the 30th day of September , 2015,a copy of which is hereto attached and made a part hereof for the construction of: PROJECT:TRM INSTALLATION FOR EM-BR34-17A&EM-BR19.5-36A described in the Invitation for Bids,Bid No. B1500162. NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract,and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so,and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the contract or to the Work or to the Specifications. r -__. ... ... . ._ PERFORMANCE BOND (PAGE 2 OF 2) PROJECT:TRM INSTALLATION FOR EM-BR34-17A& EM-BR19.5-36A PROVIDED, FURTHER,that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in two(2)counterparts, each one of which shall be deemed an original, this 1st day of October , 2015. All Cowboy Erosion Control, LLC /�� CQontractor By 1 L'ontractor) Secretary (SEAL) 7 '---- 18277 CR 22, Fort Lupton, CO 80621 fitness as to Contractor) (Address) I If2,7-7 Cf2, n ' , C,ti)pJ-b-1 i (� Ye (Address) ATT E • •--- Secretary 71..) By , WI ness as to Surety irleffi Attorney-in-Fact 8213 W. 20th Street, Greeley, CO 80634 8213 W. 20th Street, Greeley, CO 80634 (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. LABOR&MATERIALS PAYMENT BOND (PAGE 2 OF 2) PROJECT: TRM INSTALLATION FOR EM-BR34-17A& EM-BR19.5-36A PROVIDED, FURTHER,that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder,whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in two(2)counterparts, each one of which shall be deemed an original, this 1st day of October , 2015. All Cowboy Erosion Control, LLC Contractor -- -rte- Y Contractor) Secretary � (SEAL) �,°----- —, ir. --.e2- 7---/- 7".--,e---r_.-----, 18277 CR 22, Fort Lupton, CO 80621 fitness as to Contractor) (Address) (D-77 CC gf; Up , (.0 , m,-2-1 (Address) ATTEST: r 7. (Surety) Secretary (S L) ) , , ,,, ,__,._.__ ..___..) By W• ness as o Surety Attorney-in-Fact Donna Birleffi 8213 W. 20th Street, Greeley, CO 80634 8213 W. 20th Street, Greeley, CO 80634 (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. LABOR&MATERIALS PAYMENT BOND (PAGE 1 OF 2) PROJECT: TRM INSTALLATION FOR EM-BR34-17A& EM-BR19.5-36A KNOW ALL MEN BY THE PRESENTS; that All Cowboy Erosion Control, LLC (Name of Contractor) 18277 CR 22, Fort Lupton, CO 80621 (Address of Contractor) LLC , hereinafter called Contractor, and a (Corporation, Partnership, or Individual) Merchants National Bonding, Inc. (Name of Surety) PO Box 14498, Des Moines, IA 50306-3498 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of Two hundred forty seven thousand, five hundred fifty three 90/100 Dollars($ 247,553.90 ), in lawful money of the United States of America, for the payment of which sum well and truly to be made,we bind ourselves, successors and assigns,jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the 30th day of September , 2015, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: TRM INSTALLATION FOR EM-BR34-17A & EM-BR19.5-36A described in the Invitation for Bids, Bid No. B1500162. 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. ME RCHANT� BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint, individually, Dionne Perez; Donna Birleffi; Michael J Schmitt their true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver on behalf of the Companies,as Surety,bonds,undertakings and other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of: TEN MILLION($10,000,000.00)DOLLARS This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. "The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attomey or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation.It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 15th day of August , 2015 e"....1‘014.4/`•- 'y, �••`NG CO••• MERCHANTS BONDING COMPANY(MUTUAL) ,�,.g� AA?OR ©= ••OOoO• O• 004.'A9•y• z' . MERCHANTS NATIONAL BONDING,INC. .t- _ -o- • V, 2003 '�- �" 1933 .•c: ._... J v Q•:• BY STATE OF IOWA +'",*,., 000.•`' COUNTY OF Dallas ss. President On this 15th day of August , 2015 ,before me appeared Larry Taylor,to me personally known,who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. (i'A< WENDY WOODY o y Commission Number 784654 z ^'' "': My Commission Expires py P June 20. 2017 Notary Pub6 , County, Iowa (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 1st day of October , 2015 NV, ...,..„,..�. .• NG •. 7••t►,�L '•�, •O•p� PO••j.•• _0_ '. ', Z -o• • • _0v' Secretary • • •a• 1933 c: 2Ce3 :ti'•. • c(,' ... •mo ti d••. ;��:• a'`, .. ..••;i�t{ .riff •\1 . ...WOW' POA 0014 (6/15) "�" ALLCO-2 OP ID:DP ACY1RC► DATE(MMIDD/YYYY) k.....--,. CERTIFICATE OF LIABILITY INSURANCE 10/02/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONNAMEACT Donna Birleffi Rich&Cartmill Ins of CO PHONE 970-356-8030 I Lac,No):970-356-8032 of Colorado LLC (NC.No.Ext): uc 8213 W.20th Street E-MAIL ADDRESS: Greeley,CO 80634 Donna Birleffi INSURER(S)AFFORDING COVERAGE NAIC# - INSURER A:Colony Specialty Ins Co 36927 INSURED All Cowboy Erosion Control INSURER B:Pinnacol Assurance 18277 CR 22 Fort Lupton,CO 80621 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. "---- - -_ ADDL SUBR POLICY EFF POLICY EXP ILTRR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDDIYYYY) (MMIDD/YYYY) LIMITS A X COMMERCIAL CENERALUABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR EPK301632 08/15/2015 08/15/2016 PREMISES Ea occurrence) $ 50,000 X X,C,U Liability MED EXP(Any one person) $ 5,000 X Pollution PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: Pollution $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) — ANY AUTO BODILY INJURY(Per person) $ I ALL OWNED r 1 SCHEDULED BODILY INJURY(Per acadent) $ j AUTOS - I NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS l AUTOS (Peracddent( ----$- X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LIAB CLAIMS-MADE EXC301633 08/15/2015 08/15/2016 AGGREGATE $ 1,000,000 I DED X [RETENTIONS 5000 $ WORKERS COMPENSATION X OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N B ANY PROPRIETOR/PARTNER/EXECUTIVE 4145364 02/01/2015 02/01/2016 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,desaibe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Professional EPK301632 08/15/2015 08/15/2016 Agg 1,000,000 Each 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION WEL-COU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Weld County ACCORDANCE WITH THE POLICY PROVISIONS. 1111 H Street Greeley,CO 80632 AUTHORIZED REPRESENTATIVE Donna Birleffi I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD EXHIBIT LAs BID REQUEST NO . B1500162 WELD COUNTY DEPARTMENT OF PUBLIC WORKS CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR PROJECT : TRM INSTALLATION FOR EM -BR34-17A & EM -BR19 . 5-36A *kr-1r cm \ 1861 f r \ \1131 ■■rte � ''tl ► • * :Vs . r } couNTY August 13 , 2015 Weld County Public Works Division of Engineering P . O . Box 758 1111 H Street Greeley , Colorado 80632 970-304-6496 BID NO # B1500162 Page i OZt9 / .O� 3OZIC7 TABLE OF CONTENTS The following checked forms and provisions take precedence over plan drawings and supplement the 2011 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) which is to be used to administer the construction of this project. TABLE OF CONTENTS Table of Contents i-ii Plan Set Sheet Index iii BIDDING REQUIREMENTS: *All Bidders must submit these forms with their Bid. Invitation for Bids 1 Instructions to Bidders 2-10 *Bid Schedule 11 -13 *Bid Bond 14-15 *IRS Form W-9 16 *Statement of Qualifications and Subcontractors 17-20 *Civil Rights Certification 21 -23 *Certification of Bidder Regarding Equal Employment Opportunity 24-25 *Certification of Contractor Regarding Section 3 & Segregated Facilities 26 *Non-Collusion Affidavit of Prime Bidder 27 *Section 3 Business Certification 28-29 *Section 3 Resident Certification 30 WELD COUNTY CONTRACT FORMS: *Low Bidder must submit these forms prior to Contract Approval. *Notice of Award 31 *Agreement 32-63 *Performance Bond 64-65 *Labor and Materials Payment Bond 66-67 Notice to Proceed 68 Change Order 69 Minor Contract Revision 70 Certificate of Substantial Completion 71 Lien Waiver 72 Final Lien Waiver 73 Notice of Acceptance 74 CDOT REQUIRED CONTRACT FORMS: *Low Bidder must submit these forms to Weld County by 4:30 PM the day following the bid opening. Contractor's Performance Capability Statement (CDOT Form #605) N/A Assignment of Antitrust Claims (CDOT Form #621 ) N/A Certification of Proposed Underutilized DBE Participation (CDOT Form #715) N/A Underutilized DBE Good Faith Effort Documentation N/A WELD COUNTY PROJECT SPECIAL PROVISIONS: Special Provisions Index 75 Project Special Provisions 76-90 CDOT STANDARD SPECIAL PROVISIONS: Standard Special Provisions Index 91 Standard Special Provisions 92-135 Current Davis Bacon Minimum Wages Decision 136-141 Required Provisions for Federal-Aid Construction Contracts (Form FHWA-1273) N/A PLAN SET SHEET INDEX: Plan Set 142-160 BID NO # B1500162 Page ii PLAN SET SHEET INDEX SHEET SHEET TITLE NO. 2015 FLOOD REPAIR PROJECT 1 COVER SHEET 2 GENERAL NOTES EM-BR19.5-36A 3 ROADWAY EMBANKMENT PROTECTION 1 4 ROADWAY EMBANKMENT PROTECTION 2 5 ROADWAY EMBANKMENT PROTECTION 3 6 TYPICAL ROADWAY SECTION & TRM DETAILS 7 TRM DETAILS EM-BR34-17A 8 ROADWAY REPAIR PLAN 1 9 ROADWAY REPAIR PLAN 2 10 ROADWAY REPAIR PLAN 3 11 ROADWAY REPAIR TYPICAL SECTIONS 1 12 ROADWAY REPAIR TYPICAL SECTIONS 2 13 TRM DETAILS TRAFFIC CONTROL 14 TYPICAL TRAFFIC CONTROL PLAN 1 EROSION CONTROL DETAILS 15 EROSION CONTROL LOG APPLICATIONS 1 16 EROSION CONTROL LOG APPLICATIONS 2 17 SEED MIX BID NO # B1500162 Page iii 4:4 t "titre � t j REQUEST FOR BID a - ,N 18 % ter- WELD COUNTY, COLORADO 1150 O STREET sm. GREELEY, CO 80631 A � Ld-tik COUNTY DATE: August 13, 2015 BID NUMBER: B1500162 DESCRIPTION : TRM INSTALLATION FOR EM-BR34-17A & EM-BR19.5-36A MANDATORY PRE-BID CONFERENCE DATE: AUGUST 19, 2015 BID OPENING DATE: SEPTEMBER 10, 2015 PRESENTATION TO BOCC: SEPTEMBER 14, 2015 ANTICIPATED NOTICE OF AWARD: SEPTEMBER 28, 2015 ANTICIPATED NOTICE TO PROCEED: OCTOBER 5, 2015 ANTICIPATED PROJECT COMPLETION : NOVEMBER 19, 2015 1 . NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Director of General Services (collectively referred to herein as, "Weld County"), wishes to purchase the following : TRM Installation for EM-BR34-17A and EM-BR19.5-36A This project in general consists of installation of TRM along flood damaged portions of two County Roads, placement of topsoil and seed, and the placement of erosion control blankets on CR 34 between 17 and 19 and on CR 19.5 between CR 36 and 38. This project is a Federal Aid Project with compliance requirements including but not limited to: Certification of EEO Compliance and HUD Federal Labor Standards Provisions (Davis-Bacon) decision number CO150024 dated 1 -2-2015. A mandatory pre-bid conference will be held at 10:00 a.m., on August 19, 2015, at the Weld County Public Works Building. The Public Works Building is located at 1111 H Street in Greeley. Bidders must participate and record their presence at the pre-bid conference to be allowed to submit bids. Bids for the above stated merchandise, equipment, and/or services will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building , 1150 O Street Room #107 Greeley CO 80631 until: 10 a.m. on September 10, 2015, Weld County Purchasing Time Clock). PAGES 1 - 10 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 - 10 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 10. 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 http://www.co.weld.co.us/Departments/Purchasing/index.html located under Current Request for Bids. Weld County Government is a member of the Rocky Mountain E-Purchasing System. The Rocky Mountain E- Purchasing System (BidNet®) is an on-line notification system that is being utilized by multiple governmental BID NO # B1500162 Page 1 entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system . Bid Delivery to Weld County — 3 methods: 1 . Email. Emailed bids are preferred. Bids may be emailed to: bids@weldgov.com . Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2. Facsimile. Bids may be faxed to 970-336-7226 attention "Purchasing". The vendor must include the following statement on the facsimile: "I hereby waive my right to a sealed bid. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 3. Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150 O Street, Room #107 Greeley, CO 80631 . Please call Purchasing at 970-336-7225 if you have any questions. 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 furnished . All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein . All designations and prices shall be fully and clearly set forth . All blank spaces in the bid forms shall be suitably filled in . Bids may be withdrawn upon written request to and approval of the Weld County Director of General Services; said request being received from the withdrawing bidder prior to the time fixed for award . Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Late or unsigned bids shall not be accepted or considered . It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1 , entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Director of General Services for the premature opening of a bid not properly addressed and identified. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. Terms Defined : Terms used in these instructions to Bidders and elsewhere throughout the Contract Documents are defined in the General Provisions, CDOT, Standard Specification for Road and Bridge Construction, Section 101 . Qualification of Bidders: Qualification statements, attached with this document, are required to be completed by Bidders. If requested by Weld County, a Statement of Qualifications will be completed for the BID NO # B1500162 Page 2 Subcontractors listed by the Contractor within 72 hours of the request. Failure to submit qualifications may be cause for rejection of Bids. The Owner shall consider the following criteria in evaluating the Bidder's qualifications following the opening of Bids: Experience and performance records on similar work; Ability to complete the Work within the Contract Time. Familiarization with the Work: Before submitting his Bid , each prospective Bidder shall familiarize himself with the Work, the site where the Work is to be performed, local labor conditions and all local, state and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. He shall carefully correlate his observations with requirements of the Contract Documents and Drawings and otherwise satisfy himself of the expense and difficulties attending performance of the Work. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this paragraph. Interpretation of Contract Documents to Prospective Bidders: Any prospective Bidder who discovers ambiguities or is in doubt as to the true meaning of any part of the Contract Documents or Drawings shall make a request to the Engineer for an interpretation thereof. Interpretations will be made only by Addenda, duly issued, and copies of each Addendum will be mailed or delivered to each Contract Document holder of record. Unless approved by the Director of General Services, no interpretation Addenda will be issued within the last seven (7) days before the date set for opening of Bids. The Bidder shall be solely responsible for any interpretation of the Contract Documents or Drawings other than by duly issued Addenda. Preparation of the Bid : Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Bids by partnerships must be executed in the partnership name and signed by a partner. His title must appear under his signature and the official address of the partnership must be shown below the signature. Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Names of all persons signing must be printed below their signatures. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. Modification or Withdrawal of Bid: Bids may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed, and delivered to the place where Bids are to be submitted at any time prior to the final time set for receiving Bids. Bidders may modify or withdraw Bids by electronic communication at any time prior to the time set for receiving Bids provided the instruction is positively identified. Any electronic modification should not reveal the amended Bid price, but should provide only the addition , subtraction or modification. A duly executed document confirming the electronic modification shall be submitted within three days after Bids are opened. The Director of General Services may at his/her 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 # B1500162 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 five (5) 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 performing the Work, which are applicable at the time Bids are opened and which are not specified to be obtained by the County, shall be included in the Bid price. Royalties: The cost of all royalties and license fees on equipment and materials to be furnished and incorporated in the Work shall be included in the Bid price. Utilities: Unless otherwise specified, the Bidder shall include in his Bid the cost of all electrical, water, sanitary, gas, telephone, and similar facilities and services required by him in performing the Work. Cash Allowances: The Bidder shall include in his Bid such sums as he deems proper for overhead costs and profits on account of cash allowances named in the Bid Documents. 7. SITE CONDITIONS Familiarization with the Site: The prospective Bidder shall by careful examination , satisfy himself of the following : Li Nature and location of the site where the Work is to be performed . O 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. L General local conditions. Availability of lands as set forth in the General Conditions. Access to the Site: The Bidder shall carefully review the Drawings and the Project Special Conditions for provisions concerning access to the site during performance of the Work. The Bidder shall carefully review the locations of the site where the work is to be performed . The Bidder shall make all arrangements, as deemed necessary, for access to property outside of County Right of Way, prior to beginning the work. BID NO # B1500162 Page 4 8. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E-Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E-Verify Program or State of Colorado program procedures to undertake pre-employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien . Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C. R.S. §8-17.5- 102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program , Successful bidder shall , within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program . If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8- 17.5-101 et seq. , County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C. R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen ( 18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C. R.S. § 24-76.5-101 , et seq. , and (c) shall produce one of the forms of identification required by C. R.S. § 24-76.5-103 prior to the effective date of the contract. 9. GENERAL PROVISIONS A. Fund Availability: Financial obligations of the Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid , Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Confidential Information : Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201 , et seq. , with regard to public records, and cannot guarantee the confidentiality of all documents. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq. , as applicable now or hereafter amended. 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 BID NO # B1500162 Page 5 successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied , to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation , execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void . G. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H . Attorneys Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that 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. 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 . 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: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust BID NO # B1500162 Page 6 enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, The successful bidder's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. N . Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation ) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this 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. P. Non-Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood , earthquakes or Governmental actions. R. Non-Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest - C.R.S. §§24-18-201 et seq. and §24-50-507: The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or 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. BID NO # B1500162 Page 7 T. Severability: If any term or condition of this Agreement shall be held to be invalid , illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Compliance with Davis-Bacon Wage Rates: The successful bidder understands and agrees that, if required by the Scope of Work, the work shall be in compliance with the Davis-Bacon Wage Rates. V. Board of County Commissioners of Weld County Approval : This Agreement shall not be valid until it has been approved by the Board of County Commissioners. W. Compensation Amount: Upon the successful bidder's successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid . The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement 10. INSURANCE REQUIREMENTS General Requirements: Successful bidders/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A. M . Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above-described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten ( 10) days prior. If any policy is in excess of a deductible or self-insured retention, County must be notified by the Successful bidder/Contract Professional. Successful bidder/Contract Professional shall be responsible for the payment of any deductible or self-insured retention. County reserves the right to require Successful bidder/Contract Professional to provide a bond , at no cost to County, in the amount of the deductible or self-insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder/Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. 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 BID NO # B1500162 Page 8 arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its construction methods or procedures; or in its provisions of the materials required herein , or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation , defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act. , AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form . Minimum Limits: Coverage A (Workers' Compensation) 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 general aggregate limit, ISO CG 2503 or equivalent additional insured— owners, lessees or successful bidders endorsement, ISO Form 2010 or equivalent, additional insured— owners, lessees or successful bidders endorsement, ISO CG 2037 or equivalent, the policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Successful bidder, including completed operations" and the minimum limits must be as follows: $1 ,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1 ,000,000 Personal Advertising injury $50,000 any one fire; and $5,000 Medical payments one person Automobile Liability: Successful bidder/Contract Professional shall maintain limits of $1 ,000,000 for bodily injury per person , $1 ,000,000 for bodily injury for each accident, and $1 ,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non-owned vehicles used in the performance of this Contract. Additional Provisions: BID NO # B1500162 Page 9 Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following : i. If any aggregate limit is reduce by twenty-five percent (25%) or more by paid or reserved claims, Successful bidder shall notify County within ten ( 10) days and reinstate the aggregates required; ii. Unlimited defense costs in excess of policy limits; iii. Contractual liability covering the indemnification provisions of this Agreement; iv. A severability of interests provision; v. Waiver of exclusion for lawsuits by one insured against another; vi. A provision that coverage is primary; and vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by County. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims-made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. Successful bidders/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided , a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the successful bidder/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion . Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder/Contract Professional's insurer shall name Weld County and the State of Colorado 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. 11 . SPECIAL FLOOD PROVISION The successful bidder agrees that it is a "Sub-grantee" as that term is used and/or referred to in the Grant Agreement Between the State of Colorado, Department of Public Safety, Division of Homeland Security and Emergency Management and Weld County, Public Assistance FEMA-DR-4145-CO: 14-D4145-011 , Routing/CMS Number 63343 ("the State Contract"), approved by the Board of County Commissioners of Weld County on December 16, 2013. The successful bidder shall comply with all requirements of the Sub-grantee as stated in the State Contract. The successful bidder also shall comply with the terms, requirements, and conditions as they apply to the "Grantee," which are set forth in Sections 12 A and C, 13 B and C, and Exhibit A, Exhibit B and Exhibit C of the State Contract. Furthermore, the successful bidder shall assist Weld County in complying with the reporting requirements detailed in Section 8 of the State Contract. BID NO # B1500162 Page 10 BID SCHEDULE: EM-BR19.5-36A - TRM INSTALLATION ITEM BID UNIT PRICE UNIT PRICE TOTAL PRICE NO. ITEM DESCRIPTION UNIT QUANTITY (WRITTEN WORDS) ) (DOLLARS) (DOLLARS) 201 CLEARING & GRUBBING AC 1 $ $ 207 TOPSOIL (4" Thick) CY 750 $ $ 208 EROSION CONTROL LOG (12 Inch) LF 1430 $ $ 212 SEEDING (Native) AC 1 $ $ 216 SOIL RETENTION BLANKET (LANDLOK S2BN SY 4025 $ $ OR APPROVED EQUAL) 216 TURF REINFORCEMENT MAT (TRM ) SY 4025 $ $ (PYRAMAT OR APPROVED EQUAL) 620 SANITARY FACILITIES EA 1 $ $ 626 MOBILIZATION LS 1 $ $ 630 CONSTRUCTION TRAFFIC SIGN (Panel Size A) EA 6 $ $ 630 TRAFFIC CONES EA 50 $ $ 630 FLAGGING HR 320 $ $ 630 TRAFFIC CONTROL INSPECTION DAY 10 $ $ 630 TRAFFIC CONTROLMANAGEMENT DAY 20 $ $ 700 F/A MINOR CONTRACT ADJUSTMENTS F/A 1 Fifteen Thousand Dollars $ 15,000.00 $ 15, 000. 00 EM-BR19.5-36A — Total Bid (Dollars) $ BID NO # B1500162 Page 11 BID SCHEDULE: EM-BR34-17A - TRM INSTALLATION ITEM BID UNIT PRICE UNIT PRICE TOTAL PRICE NO. ITEM DESCRIPTION UNIT QUANTITY (WRITTEN WORDS) (DOLLARS) (DOLLARS) 201 CLEARING & GRUBBING AC 0. 75 $ $ 207 TOPSOIL (4" THICK) CY 285 $ $ 208 EROSION CONTROL LOG (12 INCH) LF 1840 $ $ 212 SEEDING (NATIVE ) AC 0. 75 $ $ 216 SOIL RETENTION BLANKET (LANDLOK S2BN SY 2548 $ $ OR APPROVED EQUAL) 216 TURF REINFORCEMENT MAT (TRM ) SY 1888 $ $ (PYRAMAT OR APPROVED EQUAL) 620 SANITARY FACILITIES EA 1 $ $ 626 MOBILIZATION LS 1 $ $ 630 CONSTRUCTION TRAFFIC SIGN (Panel Size A) EA 6 $ $ 630 TRAFFIC CONES EA 70 $ $ 630 FLAGGING HR 160 $ $ 630 TRAFFIC CONTROL INSPECTION DAY 5 $ $ 630 TRAFFIC CONTROLMANAGEMENT DAY 10 $ $ 700 F/A MINOR CONTRACT ADJUSTMENTS F/A 1 Fifteen Thousand Dollars $ 15, 000. 00 $ 15, 000. 00 EM-BR34-17A — Total Bid (Dollars) $ TOTAL BID PRICE FOR EM-BR19.5-36A & EM-BR34-17 (DOLLARS) $ BID NO # B1500162 Page 12 NOTE: The following are items of work to be completed by Weld County: Materials Quality Acceptance Testing Construction Inspection RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. Date: By: Addendum No. Date: By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished , installed or constructed . The undersigned, by his or her signature, hereby acknowledges and represents that: 1 . The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the Request for Bid for Request No. #B1500162. 2 . The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3 . He or she is authorized to bind the below-named bidder for the amount shown on the accompanying proposal sheets. 4 . The signed bid submitted , all of the documents of the Request for Bid contained herein (including , but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM 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 - 10. BID NO # B1500162 Page 13 BID BOND PROJECT: TRM INSTALLATION FOR EM -BR34-17A & EM-BR19.5-36A KNOW ALL MEN BY THESE PRESENTS, that as Principal, and as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of Dollars ($ ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH , that whereas the Principal has submitted the accompanying Bid dated , 2015 for the TRM INSTALLATION FOR EM-BR34-17A & EM-BR19.5-36A, as set out in the accompanying Bid. WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him , that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform . NOW THEREFORE, if the principal shall, within the period specified therefore: A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner in accordance with his Bid as accepted , and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B. Withdraw said Bid within the time specified , or C. Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this day of , 2015 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing board. Principal Address ATTEST: By: By: Surety ATTEST: Address By: BID NO # B1500162 Page 14 INSTRUCTIONS The full firm name and residence of each individual party to the bond must be inserted in the first paragraph . If the principal is a partnership, the full name of all partners must be inserted in the first paragraph which must recite that they are partners composing the partnership (to be named ), and all partners must execute the bond as individuals. The state of incorporation of each corporate party to the bond must be inserted in the first paragraph and the bond must be executed under the corporate seal of said party attested by its secretary or other authorized officer. Power of Attorney must accompany this bond when signed by other than an officer of either the principal or surety. A standard printed bond form may be used in lieu of the foregoing form provided that the security stipulations protecting the Owner are not in any way reduced by use of such standard printed bond form . BID NO # B1500162 Page 15 Form WIMI9 Request for Taxpayer Give Form to the (Rev.August 2013) Identification Number and Certification requester. Do not Dep rtnuent of the Trea uy send to the IRS. Internal Revenue Service Name (as shown on your income tax retun) ni Business name/disregarded entity name, if different from above m rn co lCheck appropriate box for federal tax classification: Exemptions (see instructions): y ❑ Individual/sole proprietor ❑ C Corporation ❑ S Corporation ❑ Partnership Li Trust/estate o Exempt payee code (if any) [_] Limited liability company. Enter the lax dassifrcaticin (Cat corporation, S=S corporation, P-partnership)► Exemption from FATCA reporting C ` code (d any) a I ) Other (see instructions)pi. ra F. Address (number, street, and apt. or suite no.) Requester's name and address(optional) a m City, state, and ZIP code List account numbers) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line Social security number to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other - - entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. - Part II Certification Under penalties of perjury. I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below), and 4. The FATCA code(s) entered on this form fit any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Signature of Here U.S. person► Data ► General Instructions withholding tax on foreign partners'share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are Section references are to the Internal Revenue Code unless otherwise noted. exempt from the FATCA repotting, is correct. Future developments. The IRS has created a page on IRS.gov for information Note. If you are a U.S. person and a requester gives you a form other than Form about Form W-9. at www.Ks.gov/w9. Information about any future developments W-9 to request your TIN, you must use the requester's farm if it is substantially affecting f orm W-9 (such as legislation enacted after we release it)will be posted similar to this Fain W-9. on that page. Definition of a U.S. person. For federal tax purposes,you are considered a U.S. Purpose of Form person it you are: A person who is required to file an information retun with the IRS must obtain your • An individual who is a U.S. citizen or U.S. resident alien, correct taxpayer identification number (TIN) to report, fa example, income paid to • A partnership, corporation, company, or association created or organized in the you, payments made to you in settlement of payment card and third party network United States or under the laws of the United States, transactions,real estate transactions, mortgage interest you paid, acqusition or • An estate (other than a foreign estate), or abandonment of seamed property, cancellation of debt, or contributions you made to an IRA. • A domestic trust (as defined in Regulations section 301.7701-7). Use Form W-9 only if you are a U.S. person (including a resident alien), to Special rules for partnerships. Partnerships that conduct a trade or business in provide your correct TIN to the person requesting d (the requester) and, when the United Status are generally required to pay a withholding tax under section applicable, to: 1446 of any foreign partners' share of effectively connected taxable income from such business. further, in certain cases where a Form W-9 has not been received, 1. Certify that the TIN you are giving is correct (or you are waiting for a number the rules under section 1446 require a partnership to presume that a partner is a to be issued), foreign person, and pay the section 1446 withholding tax. Therefore, if you are a 2. Catty that you are not subject to backup withholding, or U.S. person that is a partner in a partnership conducting a trade or business in the 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If United States, provide F am W 9 to the partnership to establish your U.S. status applicable, you are also certifying that as a U.S. person, your allocable share of and avoid section 1446 withholding on you share of partnership income. any partnership income from a U.S. trade or business is not subject la the Cat. No. 10231X Form W-9 (Rev. 8 2013) BID NO # B1500162 Page 16 STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid . This statement must be notarized . Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid . All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable, responsible and qualified bidder as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. 1 . Name of Bidder (Company or Firm ): 2. Permanent main office address: Phone Number: Fax Number: 3. Year Company was organized : 4. Number of years this Company has been engaged similar construction : Under what firm , company or trade names has this company been engaged in this type of construction , how long under each name and how long has each company been bonding work? 5. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: 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 . 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. BID NO # B1500162 Page 17 9. List all contracts within the last 3 years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. 10. Has any owner, as party to any of the Company's contracts within the last 3 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc. , or attempted to have the performance bond invoked? If yes, explain in detail. 11 . Describe all contracts that the Company failed to complete. 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 project, 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: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: BID NO # B1500162 Page 18 Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: 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 15. List the principal members of the company who will be involved with this project, including the superintendent, foreman , project manager, etc. NAME TITLE YRS. EXP 16. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Com pany. BID NO # B1500162 Page 19 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 day of , 2015. Bidder: Company By: Signature Name: (Please Type) Title: NOTARY County of ) ss. State of ) being duly sworn, deposes and says that he is of (Title) , and that the answers to the foregoing questions and all (Company Name) statements therein contained are true and correct. Subscribed and sworn before me this day of , 2015. (SEAL) Commission Expires Notary Public BID NO # B1500162 Page 20 CERTIFICATIONS CIVIL RIGHTS PROJECT: TRM INSTALLATION FOR EM -BR34-17A & EM-BR19.5-36A The undersigned is fully aware that this contract is wholly or partially federally funded , and further, agrees to abide by the: Civil Rights Act of 1964, Title VI, as amended , that provides no person on the basis of Race, Color, or National Origin shall be excluded from participation , denied program benefits, or subjected to discrimination. And, Civil Rights Act of 1968, Title VIII, as amended , will not discriminate in housing on the basis of Race, Color, Religion , Sex, or National Origin. And, Rehabilitation Act of 1973, Section 504, as amended , that no otherwise qualified individual shall solely by reason of his or her handicap be excluded from participation and/or employment, denied program benefits, subjected to discrimination under any program receiving federal funds; And, Housing and Community Development Act of 1974, Section 109, as amended, that no person shall be excluded from participation (including employment), denied program benefits, or subjected to discrimination on the basis of Race, Color, National Origin , Sex, Age, and Handicap under any program or activity funded in whole or part under Title I (CDBG) of the Act. And, Age Discrimination Act of 1975, as amended, that no person shall be excluded from participation, denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving federal funds. And, Americans with Disabilities Act of 1990, as amended , that there shall be no employment discrimination against "qualified individuals with disabilities." And, Executive Order 11063, that no person shall, on the basis of race, color, religion, sex, or national origin, be discriminated against in housing and related facilities provided with federal assistance, or lending practices with respect to residential property when such practices are connected with loans insured or guaranteed by the federal government. And, Executive Order 11246, as amended , that no person shall be discriminated against, on the basis of race, color, religion , sex, or national origin , in any phase of employment during the performance of federal or federally assisted construction contracts in excess of $10,000. EQUAL EMPLOYMENT OPPORTUNITY During the performance of the contract, the CONTRACTOR agrees as follows: 1 . The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, creed , sex, color, national origin, familial status, religious affiliation or handicap. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex, color, national origin , familial status, religious affiliation or handicap. Such action shall include, but not be limited to, the following: employment, upgrading , demotion or transfer; recruitment or recruitment advertising ; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the GRANTEE setting forth the provisions of this non-discrimination clause. 2. The CONTRACTOR will, in all solicitation or advertisements for employees placed by or on behalf of the CONTRACTOR for the GRANTEE, state that all qualified applicants will receive consideration for employment without regard to race, creed, sex, color, national origin, familial status, religious affiliation or handicap. 3. The CONTRACTOR will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 4. The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the GRANTEE'S Department of Housing and/or BID NO # B1500162 Page 21 Community Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 5. In the event of the CONTRACTOR'S non-compliance with any provision of this contract or with any of such rules, regulations or orders, this Agreement may be canceled, terminated , or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation , or order of the Secretary of Labor, or as otherwise provided by law. 6. The CONTRACTOR will include the provisions of the subparagraphs 12 (a) through (f) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provision will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the GRANTEE'S Department of Housing and/or Community Development may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided , however, that in the event the CONTRACTOR becomes involved in , or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the GRANTEE'S Department of Housing and/or Community Development, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS SECTION 503 (if contract $25,000 or over) 1 . The CONTRACTOR will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The CONTRACTOR agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following : employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination , rates of pay or other forms of compensation , and selection for training , including apprenticeship. 2. The CONTRACTOR agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 3. In the event of the CONTRACTOR'S non-compliance with the requirements of this clause, actions for non- compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 4. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the CONTRACTOR'S obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. 5. The CONTRACTOR will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the CONTRACTOR is bound by the terms of Section 503 of Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. 6. The CONTRACTOR will include the provisions of this clause in every subcontract or purchase order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor with respect to any subcontract or purchase order as the Director of the Office of Federal contract Compliance Programs may direct to enforce such provisions, including action for non-compliance. ACCESS TO RECORDS AND RECORDS RETENTION The undersigned certifies, to the best of his or her knowledge and belief that: BID NO # B1500162 Page 22 1 . The individual, sole proprietor, partnership, corporation , and/or association agrees to permit the County of Weld, State of Colorado Department of Local Affairs (DOLA), U . S. Department of Housing and Urban Development (HUD), and the Office of the Inspector General and/or their designated representatives to have access to all records for review, monitoring, and audit during normal working hours. 2. The individual, sole proprietor, partnership, corporation, and/or association agrees to retain all records for at least five years following the "official State of Colorado Department of Local Affairs (DOLA)"Closeout" date of the grant or the resolution of all audit findings, whichever is later. CONFLICT OF INTEREST The undersigned is fully aware that this contract is wholly or partially federally funded , and further, by submission of the bid or proposal that the individual or firm certifies that: 1 . There is no substantial interest, as defined by Colorado Statutes, with any public official, employee, agency, commission , or committee with Weld County or DOLA. 2. Any substantial interest, as defined by Colorado Statutes, with any public official, employee, agency, commission , or committee (including members of their immediate family) with Weld County that develops at any time during this contract will be immediately disclosed to Weld County and DOLA. ANTI-LOBBYING CERTIFICATION The undersigned certifies, to the best of his or her knowledge and belief that: 1 . No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension , continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan , or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this Certification be included in the award documents for all sub-awards to all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. CERTIFICATIONS SIGNATURE FORM Return this page with proposal. These Certifications (Civil Rights, Equal Employment Opportunity, Affirmative Action for Handicapped Workers - Section 503, Access to Records and Records Retention, Conflict of Interest, Lobbying) are a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of these Certifications is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31 , U . S. Code. (typed name of official) (signature of official) BID NO # B1500162 Page 23 CONTRACTOR/SUBCONTRACTOR CERTIFICATIONS PROJECT: TRM INSTALLATION FOR EM -BR34-17A & EM-BR19.5-36A Grantee must require that prospective bidders complete and incorporate the following certifications as part of their bid submittal package. EQUAL EMPLOYMENT OPPORTUNITY - EXECUTIVE ORDER 11246 SECTION 3 & SEGREGATED FACILITIES CERTIFICATION NON-COLLUSION AFFIDAVIT OF PRIME CONTRACTOR BID NO # B1500162 Page 24 CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY PROJECT: TRM INSTALLATION FOR EM -BR34-17A & EM-BR19.5-36A INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening . No contract shall be awarded unless such a report is submitted . CERTIFICATION BY BIDDER NAME AND ADDRESS OF BIDDER (Include ZIP Code) 1 . Bidder has participated in a previous contract or subcontractor subject to the Equal Opportunity Clause. Yes No 2. Compliance reports were required to be completed in connection with such contract or subcontract. Yes No 3. Bidder has filled all compliance reports due under applicable instructions. Yes No 4. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended. Yes No NAME AND TITLE OF SIGNER (Please type) SIGNATURE DATE BID NO # B1500162 Page 25 CERTIFICATION OF CONTRACTOR REGARDING SECTION 3 AND SEGREGATED FACILITIES PROJECT: TRM INSTALLATION FOR EM -BR34-17A & EM-BR19.5-36A Name of Contractor or Sub-Contractor Project Name and Number The undersigned hereby certifies that: (a) Section 3 provisions are included in the Contract if this is a Section 3 project. (b) No segregated facilities will be maintained as required by Title VI of the Civil Rights Act of 1964. Name and Title of Signer (Type of Print) Signature Date BID NO # B1500162 Page 26 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER PROJECT: TRM INSTALLATION FOR EM -BR34-17A & EM-BR19.5-36A State of ) County of ) ss. being first duly sworn, deposes and says that: (1 ) He is of , the Bidder that has submitted the attached Bid ; (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid ; (3) Such Bid is genuine and is not a collusive or sham Bid ; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affined, has in any way colluded, conspired , connived or agreed, directly or indirectly with another Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix an overhead, profit or cost element of the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the (Local Public Agency) or any person interested in the proposed Contract; and (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion , conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including is affined. (Signed) Title Subscribed and sworn to me this day of , 2015 By: Notary Public My Commission expires: BID NO # B1500162 Page 27 Section 3 Certifications PROJECT: TRM INSTALLATION FOR EM -BR34-17A & EM-BR19.5-36A This section should be included in all Section 3 covered contracts. The CDBG Program will notify those grantees who have Section 3 covered activities. Delete this section and the Section 3 forms if not applicable. THIS PROJECT IS IN WHOLE OR IN PART FEDERALLY FUNDED AND THE SUCCESSFUL BIDDER WILL BE REQUIRED TO ADHERE TO SECTION 3 PROVISIONS DOLA will monitor compliance with such provisions and standards for Weld County. The successful bidder will be required to complete the following forms in order to comply. A brief explanation of the form and when the form is to be submitted to DOLA is listed below. Should you have any questions concerning Section 3 or the forms to be submitted, please feel free to contact the DOLA CDBG Program Coordinator. BID NO # B1500162 Page 28 SECTION 3 BUSINESS SELF-CERTIFICATION This form is to be completed by the contractor if applicable, and submitted as a part of the bid package or within 3 days of contract award. The bidder completes this form to qualify as a Section 3 business concern. Project Name: PROJECT: TRM INSTALLATION FOR EM-BR34-17A & EM -BR19.5-36A Number: To be assigned by DOLA at a later date Contractor Name: It is the policy of the Congress and the purpose of the federal Section 3 policy to ensure that the employment and other economic opportunities generated by federal financial assistance for housing, economic and community development programs shall, to the greatest extent feasible, be directed toward low and very low income persons, particularly those who are the recipients of government assistance for housing. Does your business qualify as a Section 3 business? Yes No To qualify as a Section 3 business, you must meet one or more of the following three criteria (please check all that apply as per 24 CFR, Subchapter B, Part 135.5): Is owned (51 % or more) by Section 3 residents (defined below *) Employs in permanent, full-time positions, at least 30% persons whom are currently Section 3 residents OR whom were Section 3 residents within three years of the date of first employment with the business Provides evidence of a commitment to subcontract in excess of 25% of the dollar award of all subcontracts to be awarded to businesses that meet one of the above definitions. * Section 3 residents are persons who either live in public housing or are at or below the following income qualifications (available from your Project Monitor or at HUD.GOV): http://www. huduser.orq/portal/datasets/il/iI2013/select Geoqraphy.odn) COUNTY Type of 1 2 3 4 5 6 7 8 Household Person Person Person Person Person Person Person Person Weld Moderate Income I certify that the above information is accurate, and agree to provide records upon request for verification of my eligibility as a Section 3 business. Signature Title Name (printed) Date (typed name of entity) (date) BID NO # B1500162 Page 29 SECTION 3 RESIDENT CERTIFICATION Project Name: PROJECT: TRM INSTALLATION FOR EM-BR34-17A & EM-BR19.5-36A Contract Number: To be assigned by DOLA at a later date. I qualify as a Section 3 resident because: ❑ I reside within the and County and my income is under 80% of area median income according to the income scale provided. ❑ I am NOT a Section 3 Resident. Company Name (print) Employee Name (print) Signature Date Weld County 80% of Median Income by Family Size (Income Limits available at HUD.GOV: http://www.huduser.orq/portal/datasets/il/iI2013/select Geography.odn) COUNTY Type of 1 2 3 4 5 6 7 8 Household Person Person Person Person Person Person Person Person Weld Moderate County Income BID NO # B1500162 Page 30 NOTICE OF AWARD PROJECT: TRM INSTALLATION FOR EM -BR34-17A & EM-BR19.5-36A To: Project Description: TRM INSTALLATION FOR EM-BR34-17A & EM-BR19.5-36A This project in general consists of installation of TRM along flood damaged portions of two County Roads, placement of topsoil and seed , and the placement of erosion control blankets on CR 34 between 17 and 19 and on CR 19.5 between CR 36 and 38. The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of $ or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish the required Performance Bond , Payment Bond and Certificates of Insurance within five (5) business days from the date of this Notice to you . If you fail to execute said Agreement and to furnish said Bonds within five (5) business days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned . The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this day of , 2015 Weld County, Colorado, Owner By: Clay Kimmi, P. E. , Project Manager ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this day of , 2015 By: Title: BID NO # B1500162 Page 31 WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & PROJECT: TRM INSTALLATION FOR EM-BR34-17A & EM-BR19.5-36A THIS AGREEMENT is made and entered into this day of , 2015, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and , [an individual], [a limited liability partnership] [a limited liability company] [a corporation], who whose address is , hereinafter referred to as "Contractor". WHEREAS, the above mentioned County Roads and/or Bridges sustained flood damages in the September 2013 flood and are in need of repair, (hereinafter referred to as the "Project"), and WHEREAS, in the interests of public health , safety and welfare, it is necessary to undertake the permanent repair of this road and/or bridge, and WHEREAS, County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit A; 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 (RFB) as set forth in "Bid Package No. B1500162. The RFB contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit A which is attached hereto and incorporated herein by reference. Contractor shall coordinate with , the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"); to perform the services described on attached Exhibit A. 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 Exhibit A within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A and B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from BID NO # B1500162 Page 32 entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, ( 1 ) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination , County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using , by whatever method it deems expedient; and , Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT- INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered . 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 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 Government Budget Law (C. R.S. 29-1 -101 et. seq . ) and the TABOR Amendment (Colorado Constitution , Article X, Sec. 20) 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such BID NO # B1500162 Page 33 coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization , express or implied , to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion . County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion , shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form , shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201 , et seq. , with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information . Contractor agrees not to sell , assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11 . Warranty. Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc. , generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied , to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach . Acceptance by the County of, or payment for, the construction completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all BID NO # B1500162 Page 34 operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period . The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A. M . Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above-described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested . Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten ( 10) days prior. If any policy is in excess of a deductible or self-insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self-insured retention . County reserves the right to require Contractor/Contract Professional to provide a bond , at no cost to County, in the amount of the deductible or self-insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. Any modification to these requirements must be made in writing by Weld County. The Contractor stipulates that it has met the insurance requirements identified herein . The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation , promptly remedy and correct any errors, omissions, or other deficiencies. Indemnity: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation , law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The Contractor in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation , defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act. , AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form . Minimum Limits: Coverage A (Workers' Compensation) 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 BID NO # B1500162 Page 35 Contractors, products and completed operations, blanket contractual liability, personal injury, and liability assumed under an insured contract. The policy shall be endorsed to include 1 ) the Additional Insured Endorsements CG 2010 (or equivalent), 2) CG 2037 Additional Insured for products/completed operations, and 3) the Designated Construction Projects General Aggregate Endorsement CG 2503. The policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations" and the minimum limits must be as follows: $ 1 ,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $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: 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 Weld County and the State of Colorado as an additional insureds. 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. BID NO # B1500162 Page 36 14. Special Flood Provision. The successful bidder agrees that it is a "Sub-grantee" as that term is used and/or referred to in the Grant Agreement Between the State of Colorado, Department of Public Safety, Division of Homeland Security and Emergency Management and Weld County, Public Assistance FEMA-DR-4145-CO: 14-D4145-011 , Routing/CMS Number 63343 ("the State Contract"), approved by the Board of County Commissioners of Weld County on December 16, 2013. The successful bidder shall comply with all requirements of the Sub-grantee as stated in the State Contract. The successful bidder also shall comply with the terms, requirements, and conditions as they apply to the "Grantee," which are set forth in Sections 12 A and C, 13 B and C, and Exhibit A, Exhibit B and Exhibit C of the State Contract. Furthermore, the successful bidder shall assist Weld County in complying with the reporting requirements detailed in Section 8 of the State Contract. 15. 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. 16. 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 . 17. 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. 18. 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, Clay Kimmi, Senior Engineer. All notices or other communications (including annual maintenance) made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a. personal service by a reputable courier service requiring signature for receipt; or b. five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c. electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or d. transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Attn . : Address: Address: E-mail: Phone: Facsimile: County: Name: Clay Kimmi BID NO # B1500162 Page 37 Position : Senior Engineer Address: PO Box 758 Address: 1111 H St, Greeley, CO 80632-0758 E-mail: ckimmi@co.weld.co.us Phone: 970-304-6496 x 3741 Facsimile: 970-304-6497 19. 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. 20. 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. 21 . 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. 22. 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. 23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion , in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board , committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 24. 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. 25. 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. 26. 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. 27. 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. 28. 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 BID NO # B1500162 Page 38 dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 29. Public Contracts for Services C.R.S. §8-17.5-101 . Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E-Verify program of the State of Colorado program established pursuant to C. R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E-Verify Program or State of Colorado program procedures to undertake pre-employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation , undertaken pursuant to C. R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program , Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program . If Contractor fails to comply with any requirement of this provision or of C. R.S. §8-17.5-101 et seq. , County, may terminate this Agreement for breach , and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen ( 18) years of age or older is lawfully present in the United States pursuant to C. R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101 , et seq. , and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 30. 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. 31 . Compliance with Davis-Bacon Wage Rates. Contractor understands and agrees that, if required by the provisions of Exhibit A, the work shall be in compliance with the Davis- Bacon Wage Rates. (If compliance with this statute is required by County under this Agreement, a copy of the information is contained in Exhibit A, County's Request for Bid, and is a part this Agreement. ) 32. Compliance with CDBG-DR General Conditions Attachment A. Contractor understands and agrees that, if required by the provisions of Attachment A, the work shall be in compliance with the applicable GENERAL CONDITIONS and is a part of this Agreement. 33. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 34. 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 . BID NO # B1500162 Page 39 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 and Attachment A, General Conditions of the Contract, 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 , 2015. 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 Barbara Kirkmeyer, 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 # B1500162 Page 40 ATTACHMENT A: GENERAL CONDITIONS OF THE CONTRACT 1 . Contract and Contract Documents The project to be constructed pursuant to this Contract will be financed with assistance from the Colorado CDBG Program and is subject to all applicable Federal and State laws and regulations. The Plans, Specifications and Addenda, hereinafter enumerated in Paragraph 1 of the Supplemental General Conditions shall form part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. These CDBG criteria shall take precedence over Specifications or Plans and supplement the 2011 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications). 1 . Contract and Contract Documents 44. Life/Health Protection 2. Definitions 45. Subcontracts 3. Additional Instructions and Drawings 46. Interest/Congressmen 4. Shop or Setting Drawings 47. Other Prohibited Interests 5. Materials, Service, Facilities 48. Use Prior to Acceptance 6. Contractor's Title to Materials 49. Photographs 7. Inspection/Testing of Materials 50. Suspension of Work 8. "Or Equal" Clause 51 . Minimum Wages 9. Patents 52. Underpayment of Wages 10. Surveys, Permits and Regulations 53. Fringe Benefits 11 . Contractor's Obligations 54. Overtime Compensation 12. Weather Conditions 55. Apprentices 13. Protection of Work and Property - 56. Section 3 Property---Emergency 57. Employment Prohibited 14. Inspection 58. Anti-Kickback Act 15. Reports, Records and Data 59. Classifications Not Listed 16. Superintendence by Contractor 60. Benefits Not Expressed 17. Changes in Work 61 . Posting of Wage Rates 18. Extras 62. Complaints or Testimony 19. Time for Completion and Liquidated 63. Claims and Disputes Damages 64. Questions Re: Regulations 20. Correction of Work 65. Payrolls and Records 21 . Subsurface Conditions-Different 66. Specific Coverage 22. Claims for Extra Cost 67. Ineligible Subcontractors 23. Owner Termination of Contract 68. Provisions to be Included 24. Construction Schedule/Periodic 69. Breach of Labor Standards 25. Payments to Contractor 70. Employment Practices 26. Final Payment as Release 71 . Contract Termination; Debarment 27. Payments by Contractor 72. Public Contract for Services — Employment 28. Insurance Eligibility Verification 29. Contract Security 73. Subcontracting with Small and Minority Firms, 30. Additional or Substitute Bond Women's Business Enterprise, and Labor Surplus 31 . Assignments Area Firms 32. Mutual Responsibility of Contractors 74. HUD 4010 Form , Labor Standards Provisions 33. Separate Contractors 34. Subcontracting 35. Architect/Engineer's Authority 36. Stated Allowances 37. Removal of Debris 38. Detail Estimates 39. Right of Way 40. General Guaranty 41 . Conflicting Conditions 42. Notice and Service Thereof 43. Provisions Deemed Inserted BID NO # B1500162 Page 41 2. Definitions The following terms as used in this Contract are respectively defined as follows: (a) CONTRACTOR: A person , firm or corporation with whom the contract is made by the Owner, i.e. , the Local Government. (b) SUBCONTRACTOR: A person, firm or corporation supplying labor and materials or only labor for work at the site of the project, for and under separate contract or agreement with the Contractor. (c) WORK ON (AT) THE PROJECT: Work to be performed at the location of the project, including the transportation of materials and supplies to or from the location of the project by employees of the Contractor and any Subcontractor. 3. Additional Instructions and Detail Drawings The Contractor will be furnished additional instructions and detail drawings as necessary to carry out the work included in the contract. The additional drawings and instructions thus supplied to the Contractor will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof. The Contractor shall carry out the work in accordance with the additional detail drawings and instructions. The Contractor and the Architect/Engineer will prepare jointly: (a) a schedule, fixing the dates at which special detail drawings will be required, such drawings, if any, to be furnished by the Architect/Engineer in accordance with said schedule, and (b) a schedule fixing the respective dates for the submission of shop drawings, the beginning of manufacture, testing and installation of materials, supplies and equipment, and the completion of the various parts of the work; each such schedule to be subject to change from time to time in accordance with the progress of the work. 4. Shop Setting Drawings The Contractor shall submit promptly to the Architect/Engineer two copies of each shop or setting drawing prepared in accordance with the schedule predetermined aforesaid . After examination of such drawings by the Architect/Engineer and the return thereof, the Contractor shall make such corrections to the drawings as have been indicated and shall furnish the Architect/Engineer with two corrected copies. If requested by the Architect/Engineer, the Contractor must furnish additional copies. Regardless of corrections made in or approval given to such drawings by the Architect/Engineer, the Contractor will nevertheless be responsible for the accuracy of such drawings and for their conformity to the Plans and Specifications, unless he notifies the Architect/Engineer in writing of any deviations at the time he furnishes such drawings. 5. Materials, Services, and Facilities (a) It is understood that except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, superintendence, temporary construction of every nature whatsoever necessary to execute, complete, and deliver the work within the specified time. (b) Any work necessary to be performed after regular hours, on Sundays or Legal Holidays, shall be performed without additional expenses to the Owner. 6. Contractor's Title to Materials No materials or supplies for the work shall be purchased by the Contractor or by any Subcontractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work, free from all liens, claims, or encumbrances. 7. Inspection and Testing of Materials (a) All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards. The laboratory or inspection agency shall be selected by the Owner. The Owner will pay for all laboratory inspection service direct, and not as part of the contract. BID NO # B1500162 Page 42 (b) Materials of construction , particularly those upon which the strength and durability of the structure may depend , shall be subject to inspection and testing to establish conformance with specifications and suitability for uses intended. 8. "Or Equal" Clause Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc. , it is intended merely to establish a standard; and , any material, article, or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article, or equipment so proposed , is, in the opinion of the Architect/Engineer, of equal substance and function. It shall not be purchased or installed by the contractor without the Architect/Engineer's written approval. 9. Patents (a) The Contractor shall hold and save the Owner and its officers, agents, servants, and employees harmless from liability of any nature or kind , including cost and expenses for, or on account of, any patented or unpatented invention , process, article, or appliance manufactured or used in the performance of the contract, including its use by the Owner, unless otherwise specifically stipulated in the Contract Documents. (b) License or Royalty Fees: License and/or Royalty Fees for the use of a process which is authorized by the Owner of the project must be reasonable, and paid to the holder of the patent, or his authorized licensee, direct by the Owner and not by or through the Contractor. (c) If the Contractor uses any design , device or materials covered by letters, patent or copyright, he shall provide for such use by suitable agreement with the Owner of such patented or copyrighted design, device or material. It is mutually agreed and understood, that, without exception, the contract prices shall include all royalties or costs arising from the use of such design , device or materials, in any way involved in the work. The Contractor and/or his Sureties shall indemnify and save harmless the Owner of the project from any and all claims for infringement by reason of the use of such patented or copyrighted design , device or materials or any trademark or copyright in connections with work agreed to be performed under this contract, and shall indemnify the Owner for any cost, expense or damage which it may be obligated to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work. 10. Surveys, Permits, and Regulations Unless otherwise expressly provided for in the Specifications, the Owner will furnish to the Contractor all surveys necessary for the execution of the work. The Contractor shall procure and pay all permits, licenses and approvals necessary for the execution of his contract. The Contractor shall comply with all laws, ordinances, rules, and regulations relating to performance of the work, the protection of adjacent property, and the maintenance of passageways, guard fences or other protective facilities. 11 . Contractor's Obligations The Contractor shall and will, in good workmanlike manner, do and perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this contract, within the time herein specified , in accordance with the provisions of this contract and said specifications and in accordance with the plans and drawings covered by this contract any and all supplemental plans and drawings, and in accordance with the directions of the Architect/Engineer as given from time to time during the progress of the work. He shall furnish , erect, maintain, and remove such construction plant and such temporary works as may be required . The Contractor shall observe, comply with , and be subject to all terms, conditions, requirements, and limitations of the contract and specifications, and shall do, carry on, and complete the entire work to the satisfaction of the Architect/Engineer and the Owner. BID NO # B1500162 Page 43 12. Weather Conditions In the event of temporary suspension of work, or during inclement weather, or whenever the Architect/Engineer shall direct, the Contractor will, and will cause his subcontractors to protect carefully his and their work and materials against damage or injury from the weather. If, in the opinion of the Architect/Engineer, any work or material shall have been damaged or injured by reason of failure on the part of the Contractor or any of his Subcontractors so to protect his work, such materials shall be removed and replaced at the expense of the Contractor. 13. Protection of Work Property — Emergency The Contractor shall at all times safely guard the Owner's property from injury or loss in connection with this contract. He shall at all times safely guard and protect his own work, and that of adjacent property from damage. The Contractor shall replace or make good any such damage, loss or injury unless such is caused directly by errors contained in the Contract or by the Owner, or his duly authorized representatives. In case of an emergency which threatens loss or injury of property, and/or safety or life, the Contractor will be allowed to act, without previous instructions from the Architect/Engineer, in a diligent manner. He shall notify the Architect/Engineer immediately thereafter. Any claim for compensation by the Contractor due to such extra work shall be promptly submitted to the Architect/Engineer for approval. Where the Contractor has not taken action but has notified Architect/Engineer of an emergency threatening injury to persons or damage to the work of any adjoining property, he shall act as instructed or authorized by the Architect/Engineer. The amount of reimbursement claimed by the Contractor on account of any emergency action shall be determined in the manner provided in Paragraph 17 of the General Conditions. 14. Inspection The authorized representatives and agents of the Colorado Department of Local Affairs shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. 15. Reports, Records, and Data The Contractor shall submit to the Owner such schedule of quantities and costs, progress schedule, payrolls, reports, estimates, records, and other data as the Owner may request concerning work performed or to be performed under this contract. 16. Superintendence by Contractor At the site of the work the Contractor shall employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Architect/Engineer and shall be one who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll. 17. Changes in Work No changes in the work covered by the approved Contractor Documents shall be made without having prior written approval of the Owner. Charges or credits for the work covered by the approved change shall be determined by one or more of the following methods: (a) Unit bid prices previously approved (b) An agreed lump sum (c) The actual cost of: (1 ) Labor, including foreman; (2) Materials entering permanently into the work; (3) The ownership or rental cost of construction plant and equipment during the time of use on the extra work; (4) Power and consumable supplies for the operation of power equipment; (5) Insurance; (6) Social Security and old age and unemployment contributions. To the cost under (c) there shall be added a fixed fee to be agreed upon but not to exceed fifteen ( 15%) of the actual cost of the work. The fee shall be compensation to cover the cost of supervision , overhead, bond , profit and any other general expenses. BID NO # B1500162 Page 44 18. Extras Without invalidating the contract, the Owner may order extra work or make changes by altering, adding to or deducting from the work, the contract sum being adjusted accordingly, and the consent of the Surety being first obtained where necessary or desirable. All the work of the kind bid upon shall be paid for at the price stipulated in the proposal, and no claims for any extra work or materials shall be allowed unless the work is ordered in writing by the Owner or its Architect/Engineer, acting officially for the Owner, and the price is stated in such order. 19. Time for Completion and Liquidated Damages It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning and the time for completion as specified in the Contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the "Notice to Proceed." The Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed , by and between the Contractor and the Owner, that the time for the completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. If the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part consideration for the awarding of this Contract, to pay the Owner the amount specified in the Contract, not as a penalty but as liquidated damages for such breach of Contract as hereinafter set forth , for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, and said amount is agreed to be the amount of damages which the Owner would sustain and said amount shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and of the specifications wherein and definite and certain length of time is fixed for the performance of any act whatsoever, and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract, PROVIDED, that the Contractor shall not be charged with liquidated damages or any excess cost when the Owner determines that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the Owner; PROVIDED, FURTHER, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due: (a) To any preference, priority or allocation order duly issued by the Local Public Agency; (b) To unforeseen cause beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God , or the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and severe weather; and (c) To any delays of Subcontractors or suppliers occasioned by any of the causes specified in subsections (a) and (b) of this article: PROVIDED, FURTHER, that the Contractor shall, within ten ( 10) days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date of final settlement of the contract, notify the Owner, in writing , of the cause of the delay, shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of its decision in the matter. 20. Correction of Work All work, all materials, whether incorporated in the work or not, all processes of manufacture, and all methods of construction shall be at all times and places subject to the inspection of the Architect/Engineer who shall be the final judge of the quality and suitability of the work, materials, processes of manufacture, and methods of construction for the purposes for which they are used. Should they fail to meet his approval they shall be forthwith reconstructed, made BID NO # B1500162 Page 45 good , replaced and/or corrected as the case may be, by the Contractor at his own expense. Rejected material shall immediately be removed from the site. If, in the opinion of the Architect/ Engineer, it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as in the judgment of the Architect/Engineer shall be equitable. 21 . Subsurface Conditions Found Different Should the Contractor encounter subsurface and/or latent conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Architect/Engineer of such conditions before they are disturbed . The Architect/Engineer will thereupon promptly investigate the conditions, and if he finds that they materially differ from those shown on the Plans or indicated in the Specifications, he will at once make such changes in the Plans and/or Specifications as he may find necessary, any increase or decrease of cost resulting from such changes to be adjusted in the manner provided in Paragraph 17 of the General Conditions. 22. Claims for Extra Cost No claim for extra work or costs shall be allowed unless the same was done in pursuance of a written order of the Architect/Engineer approved by the Owner, as aforesaid , and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of subparagraph 17(c) of the General Conditions, the Contractor shall furnish satisfactory bills, payrolls and vouchers covering all items of cost and when requested by the Owner, give access to accounts relating thereto. 23. Right of the Owner to Terminate Contract In the event that any of the provisions of this Contract are violated by the Contractor, or by any of his subcontractors, the Owner may serve written notice upon the Contractor and the Surety of its intention to terminate the Contract, such notices to contain the reason for such intention to terminate the Contract, and unless within ( 10) days after the serving of such notice upon the Contractor, such violation or delay shall cease and satisfactory arrangement of correction be made, the Contract shall, upon the expiration of said ten ( 10) days, cease and terminate. In the event of any such termination , the Owner shall immediately serve notice thereof upon the Surety and the Contractor and the Surety shall have the right to take over and perform the Contract; provided , however, that if the Surety does not commence performance thereof within ten ( 10) days from the date of the mailing to such Surety Contractor and his Surety shall be liable to the Owner for any excess cost occasioned the Owner thereby, and in such event the Owner may take possession of and utilize in completing the work, such material, appliances, and plant as may be on the site of the work and necessary therefore. 24. Construction Schedule and Periodic Estimates Immediately after execution and delivery of the Contract, and before the first partial payment is made, the Contractor shall deliver to the Owner an estimated construction progress schedule in form satisfactory to the Owner, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly payment that will become due the Contractor in accordance with the progress schedule. The Contractor shall also furnish on forms to be supplied by the Owner: (a) a detailed estimate giving a complete breakdown of the contract price and (b) periodic itemized estimates of work done for the purpose of making partial payments thereon . The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the Contract price. 25. Payments to Contractor (a) Not later than the 15th day of each calendar month the Owner shall make a progress payment to the Contractor on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this Contract, but to insure the proper performance of this Contract the Owner may retain five percent (5%) of the amount of each estimate until final completion and acceptance of all work covered by this Contract; PROVIDED, that the Contractor shall submit his estimate not later than the first day of the month; PROVIDED, FURTHER, that the Owner at any time after fifty percent (50%) of work has been completed, if he finds that satisfactory progress is being made, may make any of the remaining progress payments in full; PROVIDED, FURTHER, that on completion and acceptance of each separate building, public work, or other division of the Contract, BID NO # B1500162 Page 46 on which the price is stated separately in the Contract, payment may be made in full, including retained percentages thereon, less authorized deductions. (b) In preparing estimates the material delivered on the site preparatory to work done may be taken into consideration . (c) All material and work covered by partial payments made shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor from have been made or the restoration of any damaged work, or as a waiver of the right of the Owner to require the fulfillment of all of the terms of the contract. (d) OWNER'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF: The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, material men , and furnishers of machinery and pads thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this Contract. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged, or waived . If the Contractor fails so to do, then the Owner may, after having served written notice on the said Contractor, either pay unpaid bills, of which the Owner has written, direct or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged hereupon payment to the Contractor shall be resumed , in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be constructed to impose any obligations upon the Owner to either the Contractor or his Surety. In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner shall be considered as a payment made under the Contract by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments made in good faith. 26. Acceptance of Final Payment Constitutes Release The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner of all claims and all liability to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Owner and others relating to or arising out of this work. No payment, however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this Contract or the Performance and Payment Bond. 27. Payments by Contractors The Contractor shall pay (a) for all transportation and utility services not later than the 20th day of the calendar month following that in which such materials, tools, and equipment are delivered at the site of the project, and the balance of the cost thereof, not later than the 30th day following the completion of that part of the work in or on which such materials, tools, and equipment are incorporated or used , and (c) to each of his subcontractors, not later than the 5th day following each payment to the Contractor, the respective amounts allowed the Contractor on account of the work performed by his subcontractors to the extent to each subcontractor's interest therein. 28. Insurance The Contractor shall not commence work under this contract until he has obtained all the insurance required under this paragraph and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required of the subcontractor has been so obtained and approved . (a) COMPENSATION INSURANCE: The Contractor shall procure and shall maintain during the life of his Contract Workmen's Compensation Insurance as required by applicable State law for all of his employees to be engaged in work at the site of the project under this contract and, in case of any such work sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Compensation Insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's Workmen's Compensation Insurance. In case any class of employees engaged in hazardous work on the project under this Contract is not protected under the Workmen's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. BID NO # B1500162 Page 47 (b) CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE AND VEHICLE LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this Contract Contractor's Public Liability Insurance, Contractor's Property Damage Insurance and Vehicle Liability Insurance in the amounts specified in the Supplemental General Conditions. (c) SUBCONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE AND VEHICLE LIABILITY INSURANCE: The Contractor shall either (1 ) require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified in the Supplemental General Conditions specified in subparagraph (b) hereof, (2) insure the activities of his policy specified in subparagraph (b) hereof. (d) SCOPE OF INSURANCE AND SPECIAL HAZARDS: The insurance required under subparagraphs (b) and (c) hereof shall provide adequate protection for the Contractor and his subcontractors, respectively, against damage claims which may arise from operations under this Contract, whether such operations be by the insured or by anyone directly or indirectly employed by him and , also against any of the special hazards which may be encountered in the performance of this contract as enumerated in the Supplemental General Conditions. (e) BUILDER'S RISK INSURANCE (FIRE & EXTENDED COVERAGE): Until the project is completed and accepted by the Owner, the Owner, or Contractor (at the Owner's option as indicated in the Supplemental General Conditions, Form (HUD-4238-N) is required to maintain Builder's Risk Insurance (fire and extended coverage) on a 100 percent completed value basis on the insurable portion of the project for the benefit of the Owner, the Contractor, subcontractors as their interests may appear. The Contractor shall not include any costs for Builder's Risk Insurance (fire and extended coverage) premiums during construction unless the Contractor is required to provide such insurance; however, this provision shall not release the Contractor from his obligation to complete, according to plans and specifications, the project covered by the Contract, and the Contractor and his Surety shall be obligated to full performance of the Contractor's undertaking. (f) PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the Owner with certificates showing the type, amount, class of operations covered, effective dates and date of expiration of policies. Such certificates shall also contain substantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered, except after five (5) days written notice has been received by the Owner." 29. Contract Security The Contractor shall furnish a performance bond in an amount at least equal to one hundred percent (100%) of the contract prices as security for the faithful performance of this Contract and also a payment bond in an amount not less than one hundred percent (100% ) of the contract price or in a penal sum not less than that prescribed by State, territorial or local law, as security for the payment of all persons performing labor on the project under this Contract and furnishing materials in connection with this Contract. The performance bond and the payment bond may be in one or in a separate instrument in accordance with local law. 30. Additional or Substitute Bond If at any time the Owner for justifiable cause shall be or become dissatisfied with any surety or sureties, then upon the Performance or Payment Bonds, the Contractor shall within five (5) days after notice from the Owner so to do, substitute an acceptable bond (or bonds) in such form and sum and signed by other surety or sureties as may be satisfactory to the Owner. The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed due nor shall be made until the new surety or sureties shall have furnished such an acceptable bond to the Owner. 31 . Assignments The Contractor shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without consent of the Owner. In case the Contractor assigns all or any part of any monies due or to become due under this contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or become due to the Contractor shall be subject to prior claims of all persons, firms, and corporations of services rendered or materials supplied for the performance of the work called for in this Contract. BID NO # B1500162 Page 48 32. Mutual Responsibility of Contractors If, through acts of neglect on the part of the Contractor, any other Contractor or any subcontractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractors or subcontractors by agreement or arbitration if such other Contractor or subcontractor will so settle. If such other Contractor or subcontractor shall assert any claim against the Owner on account of any damage alleged to have been sustained, the Owner shall notify the Contractor, who shall indemnify and save harmless the Owner against any such claim . 33. Separate Contract The Contractor shall coordinate his operations with those of other Contractors. Cooperation will be required in the arrangement for the storage of materials and in the detailed execution of the work. The Contractor, including his subcontractors, shall keep informed of the progress and the detail work of other Contractors and shall notify the Architect/Engineer immediately of lack of progress or defective workmanship on the part of other Contractors. Failure of a Contractor to keep informed of the work progressing on the site and failure to give notice of lack of progress or defective workmanship by others shall be construed as acceptance by him of the status of the work as being satisfactory for proper coordination with his own work. 34. Subcontracting (a) The Contractor may utilize the services of specialty subcontractors on those parts of the work which , under normal contracting practices, are performed by specialty sub-contractors. (b) The Contractor shall not award any work to any subcontractor without prior written approval of the Owner, which approval will not be given until the Contractor submits to the Owner a written statement concerning the proposed award to the subcontractor, which statement shall contain (c) The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them , as he is for the acts and omissions of persons employed by him . (d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contract by the terms of the General Conditions and other contract documents insofar as applicable to the work of subcontractors and to give the Contractor the same power as regards terminating any subcontract that the Owner may exercise over the Contractor under any provision of the Contract Documents. (e) Nothing contained in this Contract shall create any contractual relation between any subcontractor and the Owner. 35. Architect/Engineer's Authority The Architect/Engineer shall give all orders and directions contemplated under this contract and specifications, relative to the execution of the work. The Architect/Engineer shall determine the amount, quality, acceptability, and fitness of the several kinds of work and materials which are to be paid for under this Contract and shall decide all questions which may arise in relation to said work and the construction thereof. The Architect/Engineer's estimates and decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any question shall arise between the parties hereto relative to said Contract or specifications, the determination or decisions of the Architect/Engineer shall be a condition precedent to the right of the Contractor to receive any money or payment for work under this Contract affected in any manner to any extent by such question . The Architect/Engineer shall decide the meaning and intent of any portion of the specifications and of any plans or drawings where the same may be found obscure or be in dispute. Any differences or conflicts in regard to their work which may arise between the Contractor under this Contract and other Contractors performing work for the Owner shall be adjusted and determined by the Architect/Engineer. 36. Stated Allowances BID NO # B1500162 Page 49 The Contractor shall include in his proposal the cash allowances stated in the Supplemental General Conditions. The Contractor shall purchase the "Allowed Materials" as directed by the Owner on the basis of competitive bids. If the actual price for purchasing the "Allowed Materials" is more or less than the "Cash Allowance," the contract price shall be adjusted accordingly. The adjustment in contract price shall be made on the basis of the purchase price without additional charges for overhead, profit, insurance or any other incidental expenses. The cost of installation of the "Allowed Materials" shall be included in the applicable sections of the Contract Specifications covering this work. 37. Use of Premises and Removal of Debris The Contractor expressly undertakes at his own expense: (a) to take every precaution against injuries to persons or damage to property; (b) to store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any other contractors; (c) to place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work; (d) to clean up frequently all refuse, rubbish , scrap materials, and debris caused by his operations, to the end that at all times the site of the work shall present a neat, orderly and workmanlike appearance; (e) before final payment to remove all surplus material, false-work, temporary structures, including foundations thereof, plant of any description and debris of every nature resulting from his operations, and to put the site in a neat, orderly condition; (f) to affect all cutting , fitting or patching of his work required to make the same to conform to the plans and specifications and , except with the consent of the Architect/Engineer, not cut or otherwise alter the work of any other Contractor. 38. Quantities of Estimate Wherever the estimated quantities or work to be done and materials to be furnished under this contract are shown in any of the documents including the proposal, they are given for use in comparing bids and the right is especially reserved except as herein otherwise specifically limited, to increase or diminish them as may be deemed reasonably necessary or desirable by the Owner to complete the work contemplated by this Contract, and such increase or diminution shall in no way vitiate this Contract, nor shall any such increase or diminution give cause for claims or liability for damages. 39. Lands and Right-of-Way Prior to the start of construction , the Owner shall obtain lands and rights-of-way necessary for the carrying out and completion of work to be performed under this contract. 40. General Guaranty Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or entire occupancy of the premises by the Owner, shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects in the work and pay for any damage to other work resulting therefrom , which shall appear within a period of one year from the date of final acceptance of work unless a longer period is specified. The Owner will give notice of defects with reasonable promptness. 41 . Conflicting Conditions Any provisions of the Contract Documents which may be in conflict or inconsistent with any of the paragraphs in these General Conditions shall be void to the extent of such conflict or inconsistency. BID NO # B1500162 Page 50 42. Notice and Service Thereof Any notice to any Contractor from the Owner relative to any part of this Contract shall be in writing and considered delivered and the service thereof completed, when said notice is posted , by certified or registered mail, to said Contractor at his last given address, or delivered in person to the said Contractor or his authorized representative on the work. 43. Provisions Required by Law Deemed Inserted Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein , and if through mistake or otherwise any provision is not inserted, or is not correctly inserted , then upon the application of either party the Contract shall forthwith be physically amended to make such insertion or correction . 44. Protection of Lives and Health "The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of his prosecution of the work. The safety provisions of applicable laws and building and construction codes, in addition to specific safety and health regulations described by Chapter XIII , Bureau of Labor Standards, Department of Labor, Part 1518, Safety and Health Regulations for Construction , as outlined in the Federal Register, Volume No. 75, Saturday, April 17, 1971 . Title 29 - LABOR, shall be observed and the Contractor shall take or cause to be taken, such additional safety and health measures as the Contracting Authority may determine to be reasonably necessary." 45. Subcontracts "The Contractor will insert in any subcontract the Federal Labor Standards Provisions contained herein and such other clauses as the Department of Housing and Urban Development or Colorado Department of Local Affairs may, by instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made." 46. Interest of Members of or Delegate to Congress No members of or Delegate to Congress shall be admitted to any share or part of this Contract or to any benefit that may arise therefrom , but this provision shall not be construed to extend to this Contract if made with a corporation for its general benefit. 47. Other Prohibited Interests No official of the Owner who is authorized in such capacity and on behalf of the Owner to negotiate, make, accept or approve, or to take part in negotiating, making , accepting , or approving any architectural, engineering , inspection , construction or material supply contract or any subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this Contract or in any part hereof. No officer, employee, architect, attorney, engineer or inspector of or for the Owner who is authorized in such capacity and on behalf of the Owner to exercise any legislative, executive, supervisory or other similar functions in connection with the construction of the project, shall become directly or indirectly interested personally in this Contract or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the project. 48. Use and Occupancy Prior to Acceptance by Owner The Contractor agrees to the use and occupancy of a portion or unit of the project before formal acceptance by the Owner, provided the Owner: (a) Secures written consent of the Contractor except in the event, in the opinion of the Architect/Engineer, the Contractor is chargeable with unwarranted delay in final cleanup of such list items or other contract requirements. BID NO # B1500162 Page 51 (b) Secures endorsement from the insurance-carrier and consent of the surety permitting occupancy of the building or use of the project during the remaining period of construction, or, (c) When the notice consists of more than one building, and one of the buildings is occupied , secures permanent firm and extended coverage insurance, including a permit to complete construction . Consent of the Surety must also be obtained. (1 ) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin . The Contractor will take affirmative action to ensure that applicants are employed , and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include but not be limited to the following : employment, upgrading , demotion , or transfer; recruitment or recruitment advertising; layoff or termination ; rates of pay or other forms of compensation; and selection for training , including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, or national origin . 49. Photographs of the Project The Contractor shall furnish photographs of the project before, during , and after construction in the quantities and as described in the Supplemental General Conditions. 50. Suspension of Work Should the Owner be prevented or enjoined from proceeding with work either before or after the start of construction by reason of any litigation or other reason beyond the control of the Owner, the Contractor shall not be entitled to make or assert claim for damage by reason of said delay; but time for completion of the work will be extended to such delay with such time as the Owner may determine will compensate for time lost by such delay with such determination to be set forth in writing . 51 . Minimum Wage Rate for Laborers and Mechanics All laborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally and not less often than once each week, and without subsequent deduction or rebate on any account (except such payroll deductions as are made mandatory by law and such other payroll deductions as are permitted by the applicable regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to the Anti-Kickback Act hereinafter identified), the full amount due at time of payment computed at wage rates not less than those contained in the wage determination decision of said Secretary of Labor (a copy of which is attached and herein incorporated to reference), regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontractor and such laborers and mechanics. All laborers and mechanics employed upon such work shall be paid in cash , except that payment may be by check if the employer provides or secures satisfactory facilities approved by the Local Public Agency for the cashing of the same without cost of expense to the employee. For the purpose of this clause, contributions made or costs reasonably anticipated under Section 1 (b) (2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section 5.5(a)( 1 )(iv) of Title 29, Code of Federal Regulations. Also for the purpose of this clause, regular contributions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. 52. Underpayment of Wages or Salaries In case of underpayment of wages by the Contractor or by any subcontractor to laborers or mechanics employed by the Contractor or subcontractor upon the work covered by this Contract, the Local Public Agency or in addition to such other rights as may be afforded it under this Contract shall withhold from the Contractor, out of any payments due the Contractor, so much thereof as the Local Public Agency may consider necessary to pay such laborers or mechanics the full amount of ages required by this Contract. The amount so withheld may be disbursed by the Local Public BID NO # B1500162 Page 52 Agency for and on account of the Contractor or the subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due or on their behalf to plans, funds, or programs for any type of fringe benefit prescribed in the applicable wage determination . 53. Anticipated Costs of Fringe Benefits If the Contractor does not make payments to a trustee or other third person , he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing fringe benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this Contract; provided , however, the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program . A copy of any findings made by the Secretary of Labor in respect to fringe benefits being provided by the Contractor must be submitted to the Local Public Agency with the first payroll filed by the Contractor subsequent to receipt of the findings. 54. Overtime Compensation Required by Contract Work Hours and Safety Standards Act (76 Stat. 357-360: Title 40 U .S.C., Sections 327-332) (a) OVERTIME REQUIREMENTS. No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any laborer or mechanic in any workweek in which he is employed on such or to work in excess of 40 hours in such workweek unless such laborer or mechanic received compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of 40 hours in such work week, as the case may be. (b) VIOLATION : LIABILITY FOR UNPAID WAGES LIQUIDATED DAMAGES. In the event of any violation of the clause set forth in paragraph (a), the Contractor and any subcontractor responsible therefore shall be liable to any affected employee for his unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violations of the clause set forth in paragraph (a), in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in paragraph (a). (c) WITHHOLDING FOR LIQUIDATED DAMAGES. The Local Public Agency shall withhold or cause to be withheld , from any monies payable on account of work performed by the Contractor or subcontractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for liquidated damages as provided in the clause set forth in paragraph (b). (d) SUBCONTRACT. The Contractor shall insert in any subcontract the clauses set forth in paragraphs (a), (b), and (c) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. 55. Employment or Apprentices/Trainees (a) APPRENTICES will be permitted to work at less than the predetermined rate for the work they performed when they are employed and individually registered in a bona fide apprenticeship program registered with the U .S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau , or if a person is employed in his first 90 days of probationary employment as an apprentice in such an apprenticeship program , who is not individually registered in the program , but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program . Any employee listed on a payroll at an apprentice wage rate, who is not a trainee as defined in subdivision (b) of this subparagraph or is not registered or otherwise employed as stated above, shall be paid the wage rate determined by the Secretary of Labor for the BID NO # B1500162 Page 53 classification of work he actually performed. The contractor or subcontractor will be required to furnish to the contracting officer or a representative of the Wage-Hour Division of the U .S. Department of Labor written evidence of the registration of his program and apprentices as well as the appropriate ratios and wage rates (expressed in percentages of the journeyman hourly rates), for the area of construction prior to using any apprentices on the contract work. The wage rate paid apprentices shall be not less than the appropriate percentage of the journeyman's rate contained in the applicable wage determination . (b) TRAINEES. Except as provided in 29 CFR 5. 15, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification, by the U .S. Department of Labor, Manpower Administration, Bureau of Apprentice and training . The ratio of trainees to journeymen shall not be greater than permitted under the plan approved by the Bureau of Apprenticeship and Training. Every trainee must be paid at not less than the rate specified in the approved program for his level of progress. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Bureau of Apprenticeship and Training shall be paid not less than the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish the contracting officer or a representative of the Wage-Hour Division of the U .S. Department of Labor written evidence of the certification of his program , the registration of the trainees, and the ratios and wage rates prescribed in that program . In the event the Bureau of Apprenticeship and Training withdraws approval of a training program , the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved . (c) EQUAL EMPLOYMENT OPPORTUNITY. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 56. Section 3 (a) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U .S.C. 70u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing . (b) The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. (c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding , if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each ; and the name and location of the persons) taking applications for each of the positions; and the anticipated date the work shall begin. (d) The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action , as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. BID NO # B1500162 Page 54 (e) The contractor will certify that any vacant employment positions, including training positions, that are filled ( 1 ) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR pad 135. (f) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. (g) With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U .S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations, and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 57. Employment of Certain Persons Prohibited No person under the age of sixteen years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered in this Contract. 58. Regulations Pursuant to So-Called "Anti-Kickback Act" The Contractor shall comply with the applicable regulations (a copy of which is attached and herein incorporated by reference) of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called "Anti- Kickback Act" of June 13, 1934 (48 Stat. 948: 62 Stat. 862; Title U .S.C. , Section 874; and Title 40 U .S.C. Section 276c), and any amendments or modifications thereof, shall cause appropriate provisions to be inserted in subcontracts to insure compliance therewith by all subcontractors subject thereto, and shall be responsible for the submission of affidavits required by the subcontractors thereunder, except as said Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances, and exemptions from the requirements thereof. 59. Employment of Laborers or Mechanics Not Listed in Aforesaid Wage Determination Decision Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract will be classified or reclassified conformably to the wage determination by the Local Public Agency and a report of the action taken shall be submitted by the Local Public Agency through the State Department of Local Affairs to the Secretary of Labor, United States Department of Labor. In the event the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used, the question accompanied by the recommendation of the Local Public Agency shall be referred through the State Department of Local Affairs to the Secretary of Labor for final determination. 60. Fringe Benefits Not Expressed as Hourly Wage Rates The Local Public Agency shall require, whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the Contractor is obligated to pay cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question , accompanied by the recommendation of the Local Public Agency, shall be referred to the Secretary of Labor for determination. 61 . Posting Wage Determination Decisions and Authorized Wage Deductions The applicable wage poster of the Secretary of Labor, United States Department of Labor, and the applicable wage determination decisions of said Secretary of Labor with respect to the various classifications of laborers and mechanics employed and to be employed upon the work covered by this Contract, and a statement showing all deductions, if any, in accordance with the provisions of this Contract, to be made from wages actually earned by persons so employed or to be employed under such classifications, shall be posted at appropriate conspicuous points at the site of the work. BID NO # B1500162 Page 55 62. Complaints, Proceedings, or Testimony by Employees No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 63. Claims and Disputes Pertaining to Wage Rates Claims and disputes pertaining to wage rates or to classifications of laborers and mechanics employed upon the work covered by this Contract shall be promptly reported by the Contractor in writing to the Local Public Agency or Public Body for referral to the Secretary of Labor, United States Department of Labor, whose decision shall be final with respect thereto. 64. Questions Concerning Certain Federal Statutes and Regulations All questions arising under this Contract which relate to the application or interpretation of (a) the aforesaid Anti- Kickback Act, (b) the Contract Work Hours and Safety Standards Act, c) the aforesaid Davis-Bacon Act, (d) the regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to said Acts, or (e) the labor standards provisions of any other pertinent Federal statute, shall be referred through the Local Public Agency and to the Secretary of Labor, United States Department of Labor, for said Secretary's appropriate ruling or interpretation which shall be authoritative and may be relied upon for the purposes of this Contract. 65. Payrolls and Basic Payroll Records of Contractor and Subcontractors The Contractor and each subcontractor shall prepare his payrolls on forms satisfactory to and in accordance with instructions to be furnished by the Local Public Agency or Public Body. The Contractor shall submit WEEKLY to the Local Public Agency or Public Body certified copies of all payrolls of the Contractor and of the subcontractors, it being understood that the Contractor shall be responsible for the submission of copies of payrolls of all subcontractors. Each such payroll shall contain the "Weekly Statement of Compliance" set forth in Section 3.3 of Title 29, Code of Federal Regulations. The payrolls and basic payroll records of the Contractor and each subcontractor covering all laborers and mechanics employed upon the work covered by this Contract shall be maintained during the course of the work and preserved for a period of 5 years thereafter. Such payrolls and basic payroll records shall contain the name and address of each such employee, their correct classification, rate of pay (including rates of contributions or costs anticipated, of the types described in Section 1 (b)(2) of the Davis-Bacon Act, ) daily and weekly number of hours worked, deductions made, and actual wages paid. In addition , whenever the Secretary of Labor has found under Section 5.5(a)( 1 )(iv) of Title 29, Code of Federal Regulations, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1 (b)(2)(B) of the Davis-Bacon Act, the Contractor or subcontractor shall maintain records which shows that the commitment to provide such benefits is enforceable, that the plan of program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. The Contractor and each subcontractor shall make his employment records with respect to persons employed by him upon the work covered by this Contract available for inspection by authorized representatives of the Secretary of Housing and Urban Development, The Colorado Department of Local Affairs, the Local Public Agency, and the United States Department of Labor. Such representatives shall be permitted to interview employees of the Contractor or of any subcontractor during working hours on the job. 66. Specific Coverage of Certain Types of Work by Employees The transporting of materials and supplies to or from the site of the Project or Program to which this Contract pertains by the employees of the Contractor or of any subcontractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the Project or Program to which this Contract pertains by persons employed by the Contractor or by any subcontractor, shall, for the purposes of this Contract, and without limiting the generality of the foregoing provisions of this Contract, be deemed to be work to which these Federal Labor Standards Provisions are applicable. BID NO # B1500162 Page 56 67. Ineligible Subcontractors The Contractor must certify that none of the subcontractors are ineligible or debarred through HUD or the General Services Administration . 68. Provisions to be Included in Certain Subcontracts The Contractor shall include or cause to be included in each subcontract covering any of the work covered by this Contract, provisions which are consistent with these Federal Labor Standards Provisions and also a clause requiring the subcontractors to include such provisions in any lower tier subcontracts which they may enter into, together with a clause requiring such insertion in any further subcontracts that may in turn be made. 69. Breach of Foregoing Federal Labor Standards Provisions In addition to the causes for termination of this Contract as herein elsewhere set forth , the Local Public Agency reserves the right to terminate this Contract if the Contractor or any subcontractor whose subcontract covers any of the work covered by this Contract shall breach any of these Federal Labor Standards Provisions. A breach of these Federal Labor Standards Provisions may also be grounds for debarment as provided by the applicable regulations issued by the Secretary of Labor, United States Department of Labor. 70. Employment Practices The Contractor (1 ) shall, to the greatest extent practicable, follow hiring and employment practices for work on the project which will provide new job opportunities for the unemployed and underemployed, and (2) shall insert or cause to be inserted the same provision in each construction subcontract. 71 . Contract Termination; Debarment A breach of Section 45 and the Federal Labor Standards Provisions may be grounds for termination of the contract, and for debarment as provided in 29 CFR 5.6. 72. Public Contract for Services — Employment Eligibility Verification In accordance with C. R.S. 8-17.5-101 and 102, the Contractor certifies through execution of this Contract that it will not knowingly employ or contract with an illegal alien who will perform work under this Contract. (a) The Contractor will participate in the E-Verify Program , the employment verification program established by the Colorado Department of Labor and Employment, in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this contract. (b) The Contractor shall notify the owner and the Colorado Department of Labor and Employment of its participation in the employment verification program . (c) The Contractor shall not enter into a contract with a subcontractor that fails to certify TO THE CONTRACTOR they THE SUBCONTRACTOR shall not knowingly employ or contract with an illegal alien to perform work under THIS Contract or use either the E-Verify Program or Colorado Department of Labor and Employment verification program procedures to undertake pre-employment screening of job applicants while the contract is being performed. (d) If the Contractor obtains actual knowledge that a subcontractor knowingly employs or contracts with an illegal alien , the Contractor is required to: ( 1 ) Notify the subcontractor and the Department of Local Affairs within three days of obtaining actual knowledge of the employment or contract with an illegal alien . (2) Terminate the subcontract if within three days of receiving the notice the subcontractor does not stop employing or contracting with the illegal alien unless, during such three days, the BID NO # B1500162 Page 57 subcontractor provides information that it did not knowingly employ or contract with an illegal alien . (3) Comply with any reasonable request by the Colorado Department of Labor and Employment in the course of an investigation pursuant to authority established pursuant to CRS§8-17.5- 102(5)(a). (e) The Department of Local Affairs or the Owner may terminate this Contract for any violation of this provision and the Contractor shall be liable for actual and consequential damages to the Department of Local Affairs and the Owner. 73. Subcontracting with Small and Minority Firms, Women s Business Enterprise, and Labor Surplus Area Firms The Contractor shall take the following steps to ensure that, whenever possible, subcontracts are awarded to small business firms, minority firms, women's business enterprises, and labor surplus area firms: (a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (b) Ensuring that small and minority businesses and women's business enterprises are solicited whenever they are potential sources; (c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises; (d) Establishing delivery schedules, where the requirements of the contract permit, which encourage participation by small and minority businesses and women's business enterprises; and (e) Using the services and assistance of the U .S. Small Business Administration , the Minority Business Development Agency of the U .S. Department of Commerce, and State and local governmental small business agencies. BID NO # B1500162 Page 58 Federal Labor Standards Provisions U .S. Department of Housing and Urban Development Applicability The Project or Program to which the construction rate and fringe benefits therefore only when the work covered by this contract pertains is being following criteria have been met: assisted by the United States of America and the (1 ) The work to be performed by the classification following Federal Labor Standards Provisions are requested is not performed by a classification in the included in this Contract pursuant to the provisions wage determination; and applicable to such Federal assistance. (2) The classification is utilized in the area by the A. 1 . (i) Minimum Wages. All laborers and construction industry; and mechanics employed or working upon the site of the (3) The proposed wage rate, including any bona fide work, will be paid unconditionally and not less often fringe benefits, bears a reasonable relationship to than once a week, and without subsequent the wage rates contained in the wage determination. deduction or rebate on any account (except such (Office of Labor Relations Previous editions are payroll deductions as are permitted by regulations obsolete Page 1 of 5 form HUD-4010 (06/2009) ref. issued by the Secretary of Labor under the Copeland Handbook 1344. 1 Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents b) If the contractor and the laborers and mechanics thereof) due at time of payment computed at rates to be employed in the classification (if known), or not less than those contained in the wage their representatives, and HUD or its designee agree determination of the on the classification and wage rate (including the Secretary of Labor which is attached hereto and amount designated for fringe benefits where made a part hereof, regardless of any contractual appropriate), a report of the action taken shall be relationship which may be alleged to exist between sent by HUD or its designee to the Administrator of the contractor and such laborers and mechanics. the Wage and Hour Division, Employment Standards Contributions made or costs reasonably anticipated Administration , U .S. Department of Labor, for bona fide fringe benefits under Section I(b)(2) of Washington, D.C. 20210. The Administrator, or an the Davis-Bacon Act on behalf of laborers or authorized representative, will approve, modify, or mechanics are considered wages paid to such disapprove every additional classification action laborers or mechanics, subject to the provisions of within 30 days of receipt and so advise HUD or its 29 CFR 5.5(a)( 1 )(iv); also, regular contributions designee or will notify HUD or its designee within the made or costs incurred for more than a weekly 30-day period that additional time is necessary. period (but not less often than quarterly) under plans, (Approved by the Office of Management and Budget funds, or programs, which cover the particular under OMB control number 1215-0140. ) weekly period , are deemed to be constructively (c) In the event the contractor, the laborers or made or incurred during such weekly period. mechanics to be employed in the classification or Such laborers and mechanics shall be paid the their representatives, and HUD or its designee do appropriate wage rate and fringe benefits on the not agree on the proposed classification and wage wage determination for the classification of work rate (including the amount designated for fringe actually performed, without regard to skill, except as benefits, where appropriate), HUD or its designee provided in 29 CFR 5.5(a)(4). Laborers or shall refer the questions, including the views of all mechanics performing work in more than one interested parties and the recommendation of HUD classification may be compensated at the rate or its designee, to the Administrator for specified for each classification for the time actually determination . The Administrator, or an authorized worked therein: Provided that the employer's payroll representative, will issue a determination within 30 records accurately set forth the time spent in each days of receipt and so advise HUD or its designee or classification in which work is performed. The wage will notify HUD or its designee within the 30-day determination (including any additional classification period that additional time is necessary. (Approved and wage rates conformed under by the Office of Management and Budget under 29 CFR 5.5(a)( 1 )(ii) and the Davis-Bacon poster OMB Control Number 1215-0140. ) (WH-1321 ) shall be posted at all times by the (d) The wage rate (including fringe benefits where contractor and its subcontractors at the site of the appropriate) determined pursuant to subparagraphs work in a prominent and accessible, place where it ( 1 )(ii)(b) or (c) of this paragraph , shall be paid to all can be easily seen by the workers. workers performing work in the classification under (ii) (a) Any class of laborers or mechanics which is this contract from the first day on which work is not listed in the wage determination and which is to performed in the classification . be employed under the contract shall be classified in (iii) Whenever the minimum wage rate prescribed in conformance with the wage determination. HUD the contract for a class of laborers or mechanics shall approve an additional classification and wage includes a fringe benefit which is not expressed as BID NO # B1500162 Page 59 an hourly rate, the contractor shall either pay the number of hours worked , deductions made and benefit as stated in the wage determination or shall actual wages paid . Whenever the Secretary of Labor pay another bona fide fringe benefit or an hourly has found under 29 CFR 5.5 (a)( 1 )(iv) that the wages cash equivalent thereof. of any laborer or mechanic include the amount of (iv) If the contractor does not make payments to a any costs reasonably anticipated in providing trustee or other third person, the contractor may benefits under a plan or program described in consider as part of the wages of any laborer or Section I(b)(2)(B) of the Davis-Bacon Act, the mechanic the amount of any costs reasonably contractor shall maintain records which show that the anticipated in providing bona fide fringe benefits commitment to provide such benefits is enforceable, under a plan or program , Provided, That the that the plan or program is financially responsible, Secretary of Labor has found, upon the written and that the plan or program has been request of the contractor, that the applicable communicated in writing to the laborers or standards of the Davis-Bacon Act have been met. mechanics affected , and records which show the The Secretary of Labor may require the contractor to costs anticipated or the actual cost incurred in set aside in a separate account assets for the providing such benefits. Contractors employing meeting of obligations under the plan or program . apprentices or trainees under approved programs (Approved by the Office of Management and Budget shall maintain written evidence of the registration of under OMB Control Number 1215-0140. ) apprenticeship programs and certification of trainee 2. Withholding. HUD or its designee shall upon its programs, the registration of the apprentices and own action or upon written request of an authorized trainees, and the ratios and wage rates prescribed in representative of the Department of Labor withhold the applicable programs. (Approved by the Office of or cause to be withheld from the contractor under Management and Budget under OMB Control this contract or any other Federal contract with the Numbers 1215-0140 and 1215-0017. ) same prime contractor, or any other Federally- (ii) (a) The contractor shall submit weekly for each assisted contract subject to Davis-Bacon prevailing week in which any contract work is performed a copy wage requirements, which is held by the same prime of all payrolls to HUD or its designee if the agency is contractor so much of the accrued payments or a party to the contract, but if the agency is not such a advances as may be considered necessary to pay party, the contractor will submit the payrolls to the laborers and mechanics, including apprentices, applicant sponsor, or owner, as the case may be, for trainees and helpers, employed by the contractor or transmission to HUD or its designee. The payrolls any subcontractor the full amount of wages required submitted shall set out accurately and completely all by the contract In the event of failure to pay any of the information required to be maintained under laborer or mechanic, including any apprentice, 29 CFR 5.5(a)(3)(i) except that full social security trainee or helper, employed or working on the site of numbers and home addresses shall not be included the work, all or part of the wages required by the on weekly transmittals. Instead the payrolls shall only contract, HUD or its designee may, after written need to include an individually identifying number for notice to the contractor, sponsor, applicant, or each employee (e.g . , the last four digits of the owner, take such action as may be necessary to employee's social security number). The required cause the suspension of any further payment, weekly payroll information may be submitted in any advance, or guarantee of funds until such violations form desired . Optional Form WH-347 is available for have ceased . HUD or its designee may, after written this purpose from the Wage and Hour Division Web notice to the contractor, disburse such amounts site at withheld for and on account of the contractor or http://www. dol.gov/esa/whd/forms/wh347instr.htm or subcontractor to the respective employees to whom its successor site. The prime contractor is they are due. The Comptroller General shall make responsible for the submission of copies of payrolls such disbursements in the case of direct Davis- by all subcontractors. Contractors and Bacon Act contracts. subcontractors shall maintain the full social security 3. (i) Payrolls and basic records. Payrolls and number and current address of each covered basic records relating thereto shall be maintained by worker, and shall provide them upon request to HUD the contractor during the course of the work or its designee if the agency is a party to the preserved for a period of three years thereafter for all contract, but if the agency is not such a party, the laborers and mechanics working at the site of the contractor will submit the payrolls to the applicant work. Such records shall contain the name, address, sponsor, or owner, as the case may be, for and social security number of each such worker, his transmission to HUD or its designee, the contractor, or her correct classification , hourly rates of wages or the Wage and Hour Division of the Department of paid (including rates of contributions or costs Labor for purposes of an investigation or audit of anticipated for bona fide fringe benefits or cash compliance with prevailing wage requirements. It is equivalents thereof of the types described in Section not a violation of this subparagraph for a prime I (b) (2) (B) of the Davis-bacon Act), daily and weekly contractor to require a subcontractor to provide BID NO # B1500162 Page 60 addresses and social security numbers to the prime they performed when they are employed pursuant to contractor for its own records, without weekly and individually registered in a bona fide submission to HUD or its designee. (Approved by the apprenticeship program registered with the U .S. Office of Management and Budget under OMB Department of Labor, Employment and Training Control Number 1215-0149. ) Administration, Office of Apprenticeship Training, (b) Each payroll submitted shall be accompanied by Employer and Labor Services, or with a State a "Statement of Compliance," signed by the Apprenticeship Agency recognized by the Office, or if contractor or subcontractor or his or her agent who a person is employed in his or her first 90 days of pays or supervises the payment of the persons probationary employment as an apprentice in such employed under the contract and shall certify the an apprenticeship program , who is not individually following : (1 ) That the payroll for the payroll period registered in the program , but who has been certified contains the information required to be provided by the Office of Apprenticeship Training, Employer under 29 CFR 5.5 (a)(3)(ii), the appropriate and Labor Services or a State Apprenticeship information is being maintained under 29 CFR Agency (where appropriate) to be eligible for 5.5(a)(3)(i), and that such information is correct and probationary employment as an apprentice. The complete; Previous editions are obsolete (2) That allowable ratio of apprentices to journeymen on the each laborer or mechanic (including each helper, job site in any craft classification shall not be greater apprentice, and trainee) employed on the contract than the ratio permitted to the contractor as to the during the payroll period has been paid the full entire work force under the registered program . Any weekly wages earned, without rebate, either directly worker listed on a payroll at an apprentice wage rate, or indirectly, and that no deductions have been made who is not registered or otherwise employed as either directly or indirectly from the full wages stated above, shall be paid not less than the earned , other than permissible deductions as set applicable wage rate on the wage determination for forth in 29 CFR Part 3; (3) That each laborer or the classification of work actually performed. In mechanic has been paid not less than the applicable addition, any apprentice performing work on the job wage rates and fringe benefits or cash equivalents site in excess of the ratio permitted under the for the classification of work performed, as specified registered program shall be paid not less than the in the applicable wage determination incorporated applicable wage rate on the wage determination for into the contract. the work actually performed . Where a contractor is (c) The weekly submission of a properly executed performing construction on a project in a locality certification set forth on the reverse side of Optional other than that in which its program is registered, the Form WH-347 shall satisfy the requirement for ratios and wage rates (expressed in percentages of submission of the "Statement of Compliance" the journeyman's hourly rate) specified in the required by subparagraph A.3.(ii)(b). contractor's or subcontractor's registered program (d) The falsification of any of the above certifications shall be observed. Every apprentice must be paid at may subject the contractor or subcontractor to civil or not less than the rate specified in the registered criminal prosecution under Section 1001 of Title 18 program for the apprentice's level of progress, and Section 231 of Title 31 of the United States expressed as a percentage of the journeymen hourly Code. rate specified in the applicable wage determination. (iii) The contractor or subcontractor shall make the Apprentices shall be paid fringe benefits in records required under subparagraph A.3.(i) accordance with the provisions of the apprenticeship available for inspection , copying , or transcription by program . If the apprenticeship program does not authorized representatives of HUD or its designee or specify fringe benefits, apprentices must be paid the the Department of Labor, and shall permit such full amount of fringe benefits listed on the wage representatives to interview employees during determination for the applicable classification. If the working hours on the job. If the contractor or Administrator determines that a different practice subcontractor fails to submit the required records or prevails for the applicable apprentice classification, to make them available, HUD or its designee may, fringes shall be paid in accordance with that after written notice to the contractor, sponsor, determination . In the event the Office of applicant or owner, take such action as may be Apprenticeship Training , Employer and Labor necessary to cause the suspension of any further Services, or a State Apprenticeship Agency payment, advance, or guarantee of funds. recognized by the Office, withdraws approval of an Furthermore, failure to submit the required records apprenticeship program , the contractor will no longer upon request or to make such records available may be permitted to utilize apprentices at less than the be grounds for debarment action pursuant to 29 CFR applicable predetermined rate for the work 5. 12. performed until an acceptable program is approved. 4. Apprentices and Trainees. (ii) Trainees. Except as provided in 29 CFR 5. 16, (i) Apprentices. Apprentices will be permitted to trainees will not be permitted to work at less than the work at less than the predetermined rate for the work predetermined rate for the work performed unless BID NO # B1500162 Page 61 they are employed pursuant ',to and individually 7. Contract termination; debarment. A breach of registered in a program which has received prior the contract clauses in 29 CFR 5.5 may be grounds approval, evidenced by formal certification by the for termination of the contract and for debarment as U .S. Department of Labor, Employment and Training a contractor and a subcontractor as provided in 29 Administration. The ratio of trainees to journeymen CFR 5. 12. on the job site shall not be greater than permitted 8. Compliance with Davis-Bacon and Related Act under the plan approved by the Employment and Requirements. Training Administration . Every trainee must be paid All rulings and interpretations of the Davis-Bacon at not less than the rate specified in the approved and program for the trainee's level of progress, Related Acts contained in 29 CFR Parts 1 , 3, and 5 expressed as a percentage of the journeyman hourly are herein incorporated by reference in this contract rate specified in the applicable wage determination. 9. Disputes concerning labor standards. Disputes Trainees shall be paid fringe benefits in accordance arising out of the labor standards provisions of this with the provisions of the trainee program . If the contract shall not be subject to the general disputes trainee program does not mention fringe benefits, clause of this contract. Such disputes shall be trainees shall be paid the full amount of fringe resolved in accordance with the procedures of the benefits listed on the wage determination unless the Department of Labor set forth in 29 CFR Parts 5, 6, Administrator of the Wage and Hour Division and 7. Disputes within the meaning of this clause determines that there is an apprenticeship program include disputes between the contractor (or any of its associated with the corresponding journeyman wage subcontractors) and HUD or its designee, the U .S. rate on the wage determination which provides for Department of Labor, or the employees or their less than full fringe benefits for apprentices. Any representatives. employee listed on the payroll at a trainee rate who 10. (i) Certification of Eligibility. By entering into is not registered and participating in a training plan this contract the contractor certifies that neither it approved by Previous editions are obsolete the (nor he or she) nor any person or firm who has an Employment and Training Administration shall be interest in the contractor's firm is a person or firm paid not less than the applicable wage rate on the ineligible to be awarded Government contracts by wage determination for the work actually performed . virtue of Section 3(a) of the Davis-Bacon Act or 29 In addition , any trainee performing work on the job CFR 5. 12(a)(1 ) or to be awarded HUD contracts or site in excess of the ratio permitted under the participate in HUD programs pursuant to 24 CFR registered program shall be paid not less than the Part 24. (ii) No part of this contract shall be applicable wage rate on the wage determination for subcontracted to any person or firm ineligible for the work actually performed. In the event the award of a Government contract by virtue of Section Employment and Training Administration withdraws 3(a) of the Davis-Bacon Act or 29 CFR 5. 12(a)( 1 ) or approval of a training program , the contractor will no to be awarded HUD contracts or participate in HUD longer be permitted to utilize trainees at less than the programs pursuant to 24 CFR Part 24. (iii) The applicable predetermined rate for the work penalty for making false statements is prescribed in performed until an acceptable program is approved. the U .S. Criminal Code, 18 U .S.C. 1001 . Additionally, (iii) Equal employment opportunity. The utilization U .S. Criminal Code, Section 1 01 0, Title 18, U .S.C. , of apprentices, trainees and journeymen under 29 "Federal Housing Administration transactions", CFR Part 5 shall be in conformity with the equal provides in part: "Whoever, for the purpose of . . . employment opportunity requirements of Executive influencing in any way the action of such Order 11246, as amended , and 29 CFR Part 30. Administration makes, utters or publishes any 5. Compliance with Copeland Act requirements. statement knowing the same to be false shall be The contractor shall comply with the requirements of fined not more than $5,000 or imprisoned not more 29 CFR Part 3 which are incorporated by reference than two years, or both." in this contract. 11 . Complaints, Proceedings, or Testimony by 6. Subcontracts. The contractor or subcontractor Employees. No laborer or mechanic to whom the will insert in any subcontracts the clauses contained wage, salary, or other labor standards provisions of in subparagraphs 1 through 11 in this paragraph A this Contract are applicable shall be discharged or in and such other clauses as HUD or its designee may any other manner discriminated against by the by appropriate instructions require, and a copy of the Contractor or any subcontractor because such applicable prevailing wage decision , and also a employee has filed any complaint or instituted or clause requiring the subcontractors to include these caused to be instituted any proceeding or has clauses in any lower tier subcontracts. The prime testified or is about to testify in any proceeding under contractor shall be responsible for the compliance by or relating to the labor standards applicable under any subcontractor or lower tier subcontractor with all this Contract to his employer. the contract clauses in this paragraph. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are BID NO # B1500162 Page 62 applicable where the amount of the prime contract subcontractor with the clauses set forth in exceeds $100,000. As used in this paragraph , the subparagraphs ( 1 ) through (4) of this paragraph. terms "laborers" and "mechanics" include watchmen C. Health and Safety. The provisions of this and guards. paragraph C are applicable where the amount of the (1 ) Overtime requirements. No contractor or prime contract exceeds $100,000. subcontractor contracting for any part of the contract (1 ) No laborer or mechanic shall be required to work work which may require or involve the employment in surroundings or under working conditions which of laborers or mechanics shall require or permit any are unsanitary, hazardous, or dangerous to his such laborer or mechanic in any workweek in which health and safety as determined under construction the individual is employed on such work to work in safety and health standards promulgated by the excess of 40 hours in such workweek unless such Secretary of Labor by regulation . laborer or mechanic receives compensation at a rate (2) The Contractor shall comply with all regulations not less than one and one-half times the basic rate issued by the Secretary of Labor pursuant to Title 29 of pay for all hours worked in excess of 40 hours in Part 1926 and failure to comply may result in such workweek. imposition of sanctions pursuant to the Contract (2) Violation; liability for unpaid wages; Work Hours and Safety Standards Act, (Public Law liquidated damages. In the event of any violation of 91 -54, 83 Stat 96). 40 USC 3701 et seq. the clause set forth in subparagraph (1 ) of this (3) The contractor shall include the provisions of this paragraph , the contractor and any subcontractor paragraph in every subcontract so that such responsible therefore shall be liable for the unpaid provisions will be binding on each subcontractor. The wages. In addition , such contractor and contractor shall take such action with respect to any subcontractor shall be liable to the United States (in subcontractor as the Secretary of Housing and the case of work done under contract for the District Urban Development or the Secretary of Labor shall of Columbia or a territory, to such District or to such direct as a means of enforcing such provisions. territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen Office of Labor Relations and guards, employed in violation of the clause set Previous Editions are obsolete Pforth in subparagraph 1 of thisparagraph, in the oge 1 of 5 ( ) Form: HUD-410 (06-2009) sum of $10 for each calendar day on which such Ref. Handbook 1344 individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1 ) of this paragraph . (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph . (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph ( 1 ) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier BID NO # B1500162 Page 63 PERFORMANCE BOND (PAGE 1 OF 2) PROJECT: TRM INSTALLATION FOR EM -BR34-17A & EM-BR19.5-36A KNOW ALL MEN BY THE PRESENTS; that (Name of Contractor) (Address of Contractor) , hereinafter called Contractor, and a (Corporation , Partnership, or Individual) (Name of Surety) (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of Dollars, ($ ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of , 2015, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: TRM INSTALLATION FOR EM-BR34-17A & EM-BR19.5-36Adescribed in the Invitation for Bids, Bid No. B1500162. NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond , and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. BID NO # B1500162 Page 64 PERFORMANCE BOND (PAGE 2 OF 2) PROJECT: TRM INSTALLATION FOR EM -BR34-17A & EM-BR19.5-36A PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of , 2015. 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 . BID NO # B1500162 Page 65 LABOR & MATERIALS PAYMENT BOND (PAGE 1 OF 2) PROJECT: TRM INSTALLATION FOR EM -BR34-17A & EM-BR19.5-36A KNOW ALL MEN BY THE PRESENTS; that (Name of Contractor) (Address of Contractor) , hereinafter called Contractor, and a (Corporation , Partnership, or Individual) (Name of Surety) (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) P.O. Bo x 758, 1111 H Street, Greeley, Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of Dollars ($ ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of , 2015, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: TRM INSTALLATION FOR EM -BR34-17A & EM-BR19.5-36A described in the Invitation for Bids, Bid No. B1500162. NOW , THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void, ; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. BID NO # B1500162 Page 66 LABOR & MATERIALS PAYMENT BOND (PAGE 2 OF 2) PROJECT: TRM INSTALLATION FOR EM -BR34-17A & EM-BR19.5-36A PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of , 2015. 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. BID NO # B1500162 Page 67 NOTICE TO PROCEED PROJECT: TRM INSTALLATION FOR EM -BR34-17A & EM-BR19.5-36A To: Date: Name of Project: PROJECT: TRM INSTALLATION FOR EM -BR34-17A & EM-BR19.5-36A described in the Invitation for Bids, Bid No. B1500162. You are hereby notified to commence Work in accordance with the Agreement dated . The date of completion of all Work is therefore By Clay Kimmi, P. E. , Project Manger Weld County, Colorado, Owner ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: (Contractor) Dated this day of , 2015. By Title BID NO # B1500162 Page 68 CHANGE ORDER NO. (EXAMPLE) PROJECT: TRM INSTALLATION FOR EM -BR34-17A & EM-BR19.5-36A Date: PROJECT: TRM INSTALLATION FOR EM -BR34-17A & EM-BR19.5-36A described in the Invitation for Bids, Bid No. B1500162. Owner: Weld County, Colorado Contractor: The following change is hereby made to the Contract Documents: CHANGE TO CONTRACT PRICE: Original Contract Price: Current Contract Price adjusted by previous Change Order: The Contract Price due to this Change Order will be increased by: The new Contract Price, including this Change Order, will be: CHANGE TO CONTRACT TIME: The Contract Time will be increased by calendar days. The date for completion of all Work will be . RECOMMENDED: Owner Representative: Date: Clay Kimmi, P. E. (Project Manager) Engineer: Date: APPROVALS: Contractor: Date: Owner: Date: BID NO # B1500162 Page 69 MINOR CONTRACT REVISION NO. (EXAMPLE) PROJECT: TRM INSTALLATION FOR EM -BR34-17A & EM-BR19.5-36A Date: PROJECT: TRM INSTALLATION FOR EM -BR34-17A & EM-BR19.5-36A described in the Invitation for Bids, Bid No. B1500162. Owner: Weld County, Colorado Contractor: The following change is hereby made to the Contract Documents: RECOMMENDED: Owner Representative: Date: Clay Kimmi, P. E. (Project Manager) Engineer: Date: APPROVALS: Contractor: Date: Owner: Date: BID NO # B1500162 Page 70 CERTIFICATE OF SUBSTANTIAL COMPLETION PROJECT: TRM INSTALLATION FOR EM -BR34-17A & EM-BR19.5-36A Owner's Project No: EM-BR34-17A & EM-BR19.5-36A Engineer's Project No: T EM-BR34-17A & EM-BR19.5-36A PROJECT: TRM INSTALLATION FOR EM -BR34-17A & EM-BR19.5-36A described in the Invitation for Bids, Bid No. B1500162. Contractor: Contract For: TRM INSTALLATION FOR EM-BR34-17A & EM -BR19.5-36A described in the Invitation for Bids, Bid No. B1500162. Contract Dated : This Certificate of Substantial Completion applies to all Work under the Contract Documents except for the following specified parts thereof: The Work to which this Certificate applies has been inspected by authorized representatives of the Owner, Contractor and Engineer, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on Date of Substantial Completion A list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of the Contractor to complete all the Work in accordance with the Contract Documents. The items in the list shall be completed or corrected by the Contractor within days of the above date of Substantial Completion . To be effective, this form must be signed by the Owner, the Engineer, and the Contractor. Owner: Date: Engineer: Date: Contractor: Date: BID NO # B1500162 Page 71 LIEN WAIVER (GENERAL CONTRACTOR) PROJECT: TRM INSTALLATION FOR EM -BR34-17A & EM-BR19.5-36A TO: Weld County Public Works Attn : Clay Kimmi, P. E. , Project Manager P.O. Box 758 Greeley, Colorado 80632 Gentlemen: For a valuable consideration paid by the Board of County Commissioners of Weld County, the receipt and sufficiency of which is hereby acknowledged, the undersigned hereby, releases unto Weld County and to its heirs, executors, administrators or assigns, all rights of the undersigned to claim a mechanic's lien for material heretofore furnished for use in and for labor heretofore performed upon the construction , alteration, addition to or repair of the structures or improvements described in the Contract Documents as: PROJECT: TRM INSTALLATION FOR EM-BR34-17A & EM-BR19.5-36A described in the Invitation for Bids, Bid No. B1500162. Contractor: (If no legal description is shown following the description of Project, we acknowledge that the foregoing is an adequate description of the real properties and improvements inasmuch as the foregoing is the description given in the Contract Documents which govern the performance of the Work for which consideration has been received . ) In executing this release, we certify that all claims for labor, or materials, or both, furnished or performed on our behalf by our material suppliers or subcontractors have been paid or that satisfactory arrangement for payment has been made. We agree to defend Weld County from any and all claims on the part of our material suppliers, laborers, employees, servants and agents or subcontractors arising from our Work on the Project, and we further agree to reimburse the Board of County Commissioners of Weld County for any and all costs, including reasonable attorney fees, which they may incur as a result of such claims. Contractor By: Title: Date: STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2015, by My commission expires: Notary Public BID NO # B1500162 Page 72 FINAL LIEN WAIVER (SUBCONTRACTORS) PROJECT: TRM INSTALLATION FOR EM-BR34-17A & EM-BR19.5-36A To All Whom It may Concern: WHEREAS, the undersigned has been employed by (A) to furnish labor and materials for (B) work, under a contract (C) for the improvement of the premises described as (D) County of , State of of which is the Owner. NOW, THEREFORE, this day of , 2015, for and in consideration of the sum of (E) Dollars paid simultaneously herewith, the receipt whereof is hereby acknowledged by the undersigned , the undersigned does hereby waive and release any lien rights to, or claim of lien with respect to and on said above described premises, and the improvements thereon, and on the monies or other considerations due or to become due from the Owner, on account of labor, services, material, fixtures, apparatus or machinery heretofore or which may hereafter be furnished by the undersigned to or for the above described premises by virtue of said contract. (F) (SEAL) (Name of sole ownership, corporation or partnership) (Affix Corporate seal here) (SEAL) Title: (Signature of Authorized Representative) INSTRUCTIONS FOR FINAL WAIVER (A) Person or firm with whom you agreed to furnish either labor, or services, or materials, or both. (B) Fill in nature and extent of work; strike the word labor or the word materials if not in your contract. (C) If you have more than one contract on the same premises, describe the contract by number if available, date and extent of work. (D) Furnish an accurate enough description of the improvement and location of the premises so that it can be distinguished from any other property. (E) Amount shown should be the amount actually received and equal to total amount of contract as adjusted . (F) If waiver is for a corporation , corporate name should be used , corporate seal affixed and title of officer signing waiver should be set forth ; if waiver is for a partnership, the partnership name should be used , partner should sign and designate himself as partner. BID NO # B1500162 Page 73 NOTICE OF ACCEPTANCE PROJECT: TRM INSTALLATION FOR EM-BR34-17A & EM-BR19.5-36A TO: Date: RE: PROJECT: TRM INSTALLATION FOR EM-BR34-17A & EM -BR19.5-36A described in the Bid No. B1500162. This is to inform you that the above referenced job, has been satisfactorily completed in accordance with the Contract Documents and is hereby accepted. Final payment will be made on or about . Final acceptance does not relieve the Contractor of the minimum one (1 ) year guarantee on all work and materials incorporated into this Project. Such guarantee shall begin on the date of this acceptance. By: Clay Kimmi, P. E. , Project Manager Weld County, Colorado, Owner ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: Dated this day of , 2015. By (Contractor) Title BID NO # B1500162 Page 74 SPECIAL PROVISIONS WELD COUNTY PUBLIC WORKS DEPARTMENT The Colorado Department of Transportation 2011 Standard Specifications for Road and Bridge Construction controls construction of this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. PROJECT SPECIAL PROVISIONS INDEX Notice to Bidders 76 Commencement and Completion of Work 77 Revision of Section 101 — Definition of Terms 78 Revision of Section 104 - Scope of Work 79 Revision of Section 105 — Claims for Contract Adjustment 80 Revision of Section 107 — Legal Relations and Public Responsibility 81 Revision of Section 109 — Measurement and Payment 82 Revision of Section 207 — Topsoil 83 Revision of Section 212 — Seeding, Fertilizer, Soil Conditioner, and Sodding 85 Revision of Section 216 - Soil Retention Covering 86 Revision of Section 626 — Mobilization 87 Revision of Section 630 — Construction Zone Traffic Control 88 Force Account Items 89 Utilities Coordination 90 BID NO # B1500162 Page 75 NOTICE TO BIDDERS The proposal guaranty shall be a certified check, cashier's check, or bid bond in the amount of 5 percent (5%) of the Contractor's total bid. Pursuant to subsections 102.04 and 102.05, it is recommended that bidders on this project review the work site and plan details. Information regarding the project may be obtained from the following authorized representatives. Clay Kimmi, P. E. Project Manager Weld County Public Works Department 1111 H Street Greeley, CO 80632 Office Phone: 970-304-6496, ext. 3741 The above referenced individuals are the only representatives with authority to provide any information , clarification , or interpretation regarding the plans, specifications, and any other contract documents or requirements. BID NO # B1500162 Page 76 COMMENCEMENT AND COMPLETION OF WORK The Contractor shall commence work under the Contract as required in the "Notice to Proceed" letter and will complete all work within 30 calendar days unless the period for completion is extended otherwise by the County. Salient features to be shown on the Contractor's Progress Schedule are: 1 . ) Mobilization 2. ) Erosion and Sediment Control 3.) Clearing and Grubbing 4. ) Topsoiling 5. ) TRM Installation 6. ) Seeding and Erosion Control Blanket 7. ) Substantial completion date. Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.03 shall include the following : The Contractor's progress schedule may be a Bar Chart Schedule, and shall be updated weekly. Failure to submit a reasonable schedule as required may result in the County withholding progress payments to the Contractor. BID NO # B1500162 Page 77 1 REVISION OF SECTION 101 DEFINITION OF TERMS Technical Specifications related to construction materials and methods for the work required under this contract shall consist of the "Colorado Department of Transportation , Standard Specifications for Road and Bridge Construction" dated 2011 . Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have different meanings within the scope of this Contract. A summary of redefinitions follows: Subsection 101 .28: "Department" shall mean the Weld County Public Works Department. Subsection 101 .29: "Chief Engineer" shall mean the Weld County Public Works Director or designated representative. Subsection 101 .37: "Inspector" shall mean an employee designated as such by the Weld County Public Works Department. Subsection 101 .58: "Region Transportation Director" shall mean Weld County Public Works Director or designated representative. Subsection 101 .76: "State" shall mean Weld County. END OF SECTION BID NO # B1500162 Page 78 1 REVISION OF SECTION 104 SCOPE OF WORK Section 104 of the Standard Specifications is hereby revised for this project as follows: Subsection 104.02(c)(2) — Delete the section and replace with the following : When a major item of work is increased in excess of 150 percent or decreased below 50 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 150 percent of the original contract item quantity, or in case of a decrease below 50 percent, to the actual amount of work performed. A major item is defined to be any item having an original contract value in excess of 10 percent of the original contract amount. Subsection 104.03 shall be revised to include the following : Construction of a temporary access road into the work areas, and removal of the access road after construction is completed , shall be included in the Mobilization bid item . Subsection 104.06 shall be revised to include the following: Any excess soil materials generated from excavation shall become the property of the Contractor and shall be hauled out of the river and disposed of at a disposal site approved of by the Weld County Inspector. Backfill areas in the river shall be graded such that the final grades are similar to the final grades as described in the Contract Drawings, unless otherwise directed by the Engineer. The Contractor shall be responsible for removing all construction debris and trash from the river and creek on a daily basis. Any construction debris and trash which may be washed away downstream shall be located, removed, and disposed of away from the site at a certified landfill location . Tickets shall be provided to the Engineer. Any petroleum products accidentally spilled or leaked within the river shall be cleaned up and disposed of immediately. The Contractor shall be held liable for any damages resulting from the spillage or leakage of any hazardous materials within the river channel. Subsection 104.07 paragraph 4, starting with "Net cost savings. . ." shall be revised as follows: Net cost savings on VECPs shall be split equally between the Contractor and Weld County as determined in the Basis of Payment section of this specification . VECPs shall be submitted prior to the start of construction activities relating to the VECP. Subsection 104.07.(d).2 shall be removed and replaced as follows: 2. For all VECPs, the incentive payment shall be calculated as follows: (gross cost of deleted work) — (gross cost of added work) = (gross savings) (gross savings) — (Contractor's engineering costs) — (Weld County's engineering costs) = (net savings) Contractor's total incentive = (net savings)/2 The Contractor's engineering costs will be reimbursable only for outside consultant costs that are verified by certified billings. Weld County's engineering costs shall be actual consultant costs billed to Weld County and extraordinary in-house personnel labor costs. These labor costs will be calculated at the fixed amount of $50.00 per hour per employee. Project personnel assigned to the field office or who work on the project on a regular basis shall not be included in Weld County's portion of the costs. END OF SECTION BID NO # B1500162 Page 79 1 REVISION OF SECTION 105 CLAIMS FOR CONTRACT ADJUSTMENT Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.21 shall be revised as follows: The Colorado Department of Transportation (CDOT) will not participate in the resolution process for any claims filed by the Contractor. Weld County will be the responsible party to such claims. END OF SECTION BID NO # B1500162 Page 80 1 REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC Section 107 of the Standard Specifications is hereby revised for the project as follows: Subsection 107.06 shall be revised to include the following : The Contractor and any subcontractor shall not require any laborer or mechanic employed in performance of the Contract to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety, as determined under construction safety and health standards (Rules and Regulations of the Federal Occupational Safety and Health Act of 1970 (OSHA) and as amended). All facilities and work conditions shall comply with the Colorado and Local Health Department Regulations and with OSHA requirements. Subsection 107.17 — Delete the third paragraph beginning with "Loss, injury, or damage to the work. . ." and replace with the following: Loss, injury, or damage to the work due to unforeseeable causes beyond the control of and without fault or negligence of the Contractor, including but not restricted to acts of God, such as flood , earthquake, tornado, or other cataclysmic phenomenon or nature shall be restored by the Contractor at no cost to the County. Subsection 107.17 shall be revised to include the following : The Contractor shall assess and understand the risk of working within a waterway. Such risks include but are not limited to: floods, high groundwater, and fluctuation in flows. The Contractor shall be responsible for constructing and maintaining all temporary facilities within the waterway such as cofferdams and diversion of channel flows. Such work shall be paid under "Water Control and Dewatering". Subsection 107.18 shall be revised to include the following : For this project the insurance certificates shall name Weld County (Weld) and the State of Colorado as additionally insured parties. Subsection 107.19 shall be revised to include the following: The Contractor shall be required to obtain permission to conduct any work, store materials or stockpiles, or park any construction equipment or vehicles on private property. The Contractor shall conduct their work within the right-of-way and easement boundaries shown on the Contract Drawings. If working in the County right-of-way, the Contractor shall obtain a right-of-way permit from Amy Joseph, 970-304-6496 x 3764. Subsection 107.25 — The Contractors attention is directed to this subsection . The requirements as called out in this subsection will be strictly enforced. END OF SECTION BID NO # B1500162 Page 81 1 REVISION OF SECTION 109 MEASUREMENT AND PAYMENT Section 109 of the Standard Specifications is hereby revised for the project as follows: Subsection 109.01 shall be modified to include the following : The following work will not be measured and paid for separately but shall be included in applicable unit prices for with the work is required. The list below is not all-inclusive and there may be other items which are considered incidental to the project: 1 . Earthwork requiring more than one handling 2. Temporary fencing 3. New materials (if required) for resetting fences 4. Fine grading 5. Mulch 6. Mulch tackifier 7. Soil conditioner 8. Fertilizer 9. Staging areas 10. Additional temporary construction easements if desired by the Contractor 11 . Coordination with utility companies 12. All water Subsection 109.06 — partial payments, paragraph (a), (Standard Amount Retained). Delete the second sentence beginning with "The amount retained ", and replace with the following: The amount retained will be 10% of the value of the completed work, to a maximum of 5% of the original contract amount. Subsection 109.07 - Payment for Materials on Hand (Stockpiled Material). Delete and replace with the following: Partial monthly payments to the Contractor for completed work will include payment only for materials actually incorporated in the work unless otherwise approved by the Engineer. END OF SECTION BID NO # B1500162 Page 82 1 REVISION OF SECTION 207 TOPSOIL Section 207 of the Standard Specifications is hereby revised for this project as follows: Subsection 207.01 shall include the following : This work includes imported topsoil that is to be placed in the disturbed area within the project limits that are to receive native seed . Subsection 207.02 shall include the following: The source of topsoil for this project is undesignated. The imported topsoil shall be approved by the County before use. The Contractor shall submit a 1 pound sample of the product four (4) weeks before its use on the project site for the County's approval. A Certificate of Compliance shall be provided to the County to verify the organic matter content, pH and carbon matter to nitrogen ratio. Soil tests shall be method of Soil Analysis used at the Colorado State University Soil Testing Laboratory. The topsoil shall have an acidic reaction of 6.0 to 7.5 pH and shall contain between 1 and 4 percent well composted organic matter. If required , any organic amendments shall include the following: An organic product containing a mixture of well-rotted/composted cow or sheep manure and or composted aspen humus or wood residue or approved equal (sphagnum or native mountain peat is not acceptable). Organic product that has been aerobically and naturally processed in such a manner as to maintain a consistent temperature of 140 degrees Fahrenheit 60 degrees Celsius or greater for a period of time that is long enough to accomplish the following specifications: 1 ) The windrows of composted organic amendment (cow or sheep manure) have to be composted for 70 to 90 days. Certification must be provided to prove the product has gone through this process. 2) Eradicate harmful pathogens including coliform bacteria. 3) Free from noxious weeds or their seeds or any plant, root or seeds that would be toxic or harmful to growth. 4) Create a carbon to nitrogen ratio of no less than 15/1 to 25/1 . 5) Contain no solid particle greater than 13 mm 1/2" in diameter. 6) Have a non-offensive smell similar to fresh turned soil. 7) Contain no significant level of dirt or soil and contain a maximum of 30% composted wood residue (pine or aspen wood) (saw dust is unacceptable). 8) The pH after composting shall be between 5.0 and 7.5 with an organic matter content of not less than 30%. 9) Soluble salts shall not be greater than 3mmhos/cm . Topsoil shall contain the following minimum ammonium DTPA (chelate) extractable nutrients (this is the extracting solution used by CSU Soil Testing Laboratory). Nitrogen 5 ppm Air dried Basis Phosphorus 5 ppm Potassium 30 ppm Iron (Fe) 5 ppm Topsoil shall not include any minerals or elements detrimental to plant growth. Soluble salts measured in saturation extract shall be less than 3 mmhos/cm . BID NO # B1500162 Page 83 2 REVISION OF SECTION 207 TOPSOIL Subsection 207.04 replace the last paragraph with the following : Imported topsoil that meets the requirements of Section 207 will be measured by the cubic yard. The volume of topsoil will be determined by measuring the area in which the topsoil is placed and multiplying the area by the topsoil depth called out on the plans. Subsection 207.04 shall include the following: The addition of manure or soil amendments needed to bring the topsoil into conformance with the specifications will not be measured and paid for separately, but shall be included in the work. Stockpile topsoil activities shall be included in the price of the work. Soil analysis shall not be paid for separately, but shall be included in the cost of the work. Subsection 207.05 shall include the following : Payment for topsoil shall include imported topsoil placed in stockpiles or windrows, and subsequently placed upon completed cut and fills slopes. All materials and work required to amend imported topsoil so that it meets the requirements of Section 207 shall be included in the unit price bid for topsoil. All work required for topsoil shall be included in the unit price bid. Payment will be made under: Pay Item Pay Unit Topsoil (4" thick) Cubic Yard END OF SECTION BID NO # B1500162 Page 84 1 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING Section 212 of the Standard Specifications is hereby revised for this project as follows: Section 212.06 shall be modified to include the following: Soil Preparation and Seeding: Soil in all areas to receive native seed shall be fertilized and conditioned. For soil preparation of native grass areas, if fertilizer is required , the fertilizer shall be a in accordance with the recommendations of a soil test conducted by the Colorado State University Soil Testing Laboratory. If a soil conditioner is required, the soil conditioner shall be Biotic Earth - HGM Black or approved equal. Fertilizer and soil conditioner shall be scarified and turned under the area designated to be seeded to a depth of four inches (4") to free seeds and other plants. Apply the specific fertilizer in the native grass area at the recommended rate and work it into the soil to a depth of four inches (4") with a disc, spring tooth harrow or other suitable equipment. Apply the soil conditioner in the native grass area at the recommended rate and work it into the soil to a depth of four inches (4") with a disc, spring tooth harrow or other suitable equipment. All seeded areas will then be raked and rolled to the desired finished grades with gently sloping surfaces to adequately drain all surface water runoff. Grade seeding areas to a smooth, even surface with a loose, uniformly fine texture. Roll, rake and remove ridges and fill depressions, as required to meet finish grades. Limit fine grading to areas that can be planted within 24 hours after fine grading has been completed. No additional payment will be made if the Contractor has to complete fine grading or for fine grading more than one time. Subsection 212.07 shall be revised as the following : No separate measurement and payment will be made for fine grading , fertilizer, soil conditioner, soil conditioning , mulch , or mulch tackifier for native seeding . This work shall be included in the Unit Price bid for native seeding. The unit price paid for native seeding shall include all of the Contractor's costs including all labor, material, equipment and incidentals required to install seed, mulch and mulch tackifier. Subsection 212.08 shall include the following: Payment for seeding shall be full compensation for all work necessary to complete the seeding. The actual quantity will be measured in-place by the County. Payment will be made under: Pay Item Pay Unit Seeding (native) Acre END OF SECTION BID NO # B1500162 Page 85 1 REVISION OF SECTION 216 SOIL RETENTION COVERING Section 216 of the Standard Specifications is hereby revised for this project as follows: Subsection 216.02 shall include the following: Turf Reinforcement Mat shall be Pyramat or approved equal Soil Retention Blanket shall be Landlok S2BN or approved equal. Subsection 216.03 shall include the following: Turf Reinforcement Mat and Soil Retention Blanket shall be installed in accordance with the manufacturer's recommendations and technical specifications. Subsection 216.08 shall include the following : Turf Reinforcement Mat and Soil Retention Blanket will be measured and paid for an a square yard basis complete in place Payment for Turf Reinforcement Mat and Soil Retention Blanket shall include but is not limited to: fine grading; furnishing and installing Reinforcement Mat and Retention Blanket; pins; anchors; anchor trenches; staples; stakes; joints; and all labor equipment and material required to install the Turf Reinforcement Mat and Soil Retention Blanket. Payment will be made under: Pay Item Pay Unit Soil Retention Blanket Square Yard (Landlok S2BN or approved equal) Turf Reinforcement Mat (TRM) Square Yard (Pyramat or approved equal) END SECTION BID NO # B1500162 Page 86 1 REVISION OF SECTION 626 MOBILIZATION Section 626 of the Standard Specifications is hereby revised for this project as follows: Subsection 626.01 shall include the following: CONSTRUCTION EASEMENTS: The County has acquired Temporary and/or Permanent Construction Easements for work for the project. If the Contractor needs to perform work on private property outside of the easements shown on the drawings, then the Contractor shall obtain additional Temporary Construction Easements (TCEs). All agreements made between the Contractor and the private property owners for additional TCEs shall be made in writing and a copy of all written agreements shall be furnished to the County prior to any disturbance. The Contractor shall provide erosion and sediment control for all areas encompassed within the additional TCEs obtained by the Contractor and shall modify the Erosion and Sediment Control Plans to include TCEs. The Contractor shall inform the property owners and the tenants at the properties prior to construction. The Contractor shall limit construction activities to those areas within the limits of disturbance as shown on the plans to the maximum extent practical. All costs whatsoever the nature required for staging and additional temporary construction easements including temporary fencing and erosion and sediment control shall be considered incidental to the project. Any disturbance beyond the limits presented on the drawings shall be restored to the original condition at Contractor's expense. Construction activities, in addition to normal construction procedures, shall include parking of vehicles or equipment, consolidation of construction debris or materials, and disposing of litter and any other action which alters existing conditions. All disturbances outside the Project Limits shall be pre-approved by the County and secured by the Contractor, at Contractor's expense. Subsection 626.01 shall include the following: Payment will be made under: Pay Item Pay Unit Mobilization Lump Sum END OF SECTION BID NO # B1500162 Page 87 1 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL The key elements of the Contractor's method of handling traffic (MHT) are outlined in subsection 630.09. The components of the Traffic Control Plan for this project are included in the following: ( 1 ) Subsection 104.04 and Section 630 of the specifications. (2) Revised Standard Plans S-630-1 and S-630-2 Traffic Controls for Highway Construction . (3) Traffic Control Layout and Quantities Estimate as shown in the Contract Drawings. (4) Manual on Uniform Traffic Control Devices (MUTCD) Section 630 of the Standard Specifications is hereby revised for this project as follows: Subsection 630.01 shall include the following : The Contractor shall submit a traffic control plan to the County for review and approval prior to construction . The plan shall address all phases of construction. The Plans provide a sample traffic control plan to be used for bidding purposes. The Contractor shall take all necessary measures to maintain a normal flow of vehicular and pedestrian traffic to prevent accidents and to protect the work throughout the entire project. The Contractor shall make the necessary arrangements to reroute traffic, provide and maintain barriers, cones, guards, barricades, and construction warning and regulatory signs. Detours, street closures, and driveway closures which are required for the protection of the traveling public during construction of this project are included within the scope of traffic control and shall not be paid for separately. It shall be the Contractor's responsibility to maintain roadway traffic safety, adequately, and continuously on all portions of existing roads and cross roads affected by this work. The Contractor shall maintain that portion of the existing roadway being used to carry traffic so that traffic may readily pass over it, including provisions of any requiring temporary pavement markings. Placement and removal of temporary striping shall not be paid for separately but shall be included in the work for Traffic Control. If it becomes necessary to properly move traffic through the construction area, flaggers shall be posted to slow down and reroute traffic. Flaggers are required when workers or equipment intermittently block a traffic lane. Flaggers shall be wearing Class 3 high visibility safety apparel and shall be equipped with a sign paddle. Subsection 630.01 shall include the following: Payment will be made under: Pay Item Pay Unit Flagging Hour Traffic Control Inspection Day Traffic Control Management Day Construction Traffic Sign (Panel Size A) Each Traffic Cones Each END OF SECTION BID NO # B1500162 Page 88 1 FORCE ACCOUNT ITEMS DESCRIPTION This special provision contains the Department's estimate for force account items included in the Contract. The estimated amounts marked with an asterisk will be added to the total bid to determine the amount of the performance and payment bonds. Force Account work shall be performed as directed by the Engineer. Payment will be made in accordance with subsection 109.04. Payment will constitute full compensation for all work necessary to complete the item . Estimated Force Account Item Quantity Amount F/A Minor Contract Adjustments F/A $15,000 F/A Minor Contract Adjustments — This work consists of minor work authorized and approved by the Engineer, which is not included in the contract drawings or specifications, does not already have an existing unit price bid item , and is necessary to accomplish the scope of work for this contract. The Force Account may be used for such unforeseen items which may be needed for the project. END OF SECTION BID NO # B1500162 Page 89 UTILITIES COORDINATION The work described in these plans and specifications requires coordination between the Contractor and the utility companies in accordance with subsection 105. 10 in conducting their respective operations as necessary to complete the utility work with minimum delay to the project. The known utilities are shown on the Contract Drawings. However, additional unknown utilities may exist within the project limits, and the location of known utilities is estimated and the accuracy of shown utility locations is not guaranteed . The Contractor shall comply with Article 1 .5 of Title 9, CRS ("Excavation Requirements") when excavation or grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at least two (2) business days, not including the day of notification , prior to commencing such operations. The Contractor shall contact the Utility Notification Center of Colorado (UNCC) at 1 -800-922-1987 to have locations of UNCC registered lines marked by member companies. All other underground facilities shall be located by contacting the respective company. Utility service laterals shall also be located prior to beginning excavating or grading . BASIS OF PAYMENT All costs incidental to the foregoing requirements will not be paid for separately but shall be included in the work. No monetary compensation will be made to the Contractor for delays or any other issues related to utility conflicts. END OF SECTION BID NO # B1500162 Page 90 STANDARD SPECIAL PROVISIONS Section To Be Revised Date No of Pages Revision of Section 105 — Violation of Work Time Limitation (February 3, 2011 ) 1 Revision of Section 106 — Certificates of Compliance and Certified Test Reports (February 3, 2011 ) 1 Revision of Section 106 — Material Sources (October 31 , 2013) 1 Revision of Section 106 - Suppliers List (January 30, 2014) 1 Revision of Section 107 — Contractor Obtained Stormwater Construction Permit (July 31 , 2014) 1 Revision of Section 107 — Responsibility for Damage Claims, Insurance Types, (February 3, 2011 ) 1 and Coverage Limits Revision of Section 107 — Warning Lights for Work Vehicles and Equipment (January 30, 2014) 1 Revision of Section 108 — Delay and Extension of Contract Time (April 30, 2015) 2 Revision of Section 108 — Liquidated Damages (June 4, 2015) 1 Revision of Section 108 — Notice to Proceed (July 31 , 2014) 1 Revision of Section 108 - Project Schedule (July 31 , 2014) 6 Revision of Section 108 - Subletting of Contract (January 31 , 2013) 1 Revision of Section 109 — Compensation for Compensable Delays (May 5, 2011 ) 1 Revision of Section109 — Measurement of Quantities (February 3, 2011 ) 1 Revision of Section 109 — Prompt Payment (January 31 , 2013) 1 Revision of Section 212 — Seed (April 26, 2012) 1 Revision of Section 216 — Soil Retention Covering (July 15, 2015) 6 Revision of Section 250 — Environmental, Health and Safety Management (January 15, 2015) 16 Revision of Section 630 — Construction Zone Traffic Control (February 17, 2012) 1 BID NO # B1500162 Page 91 February 3, 2011 1 REVISION OF SECTION 105 VIOLATION OF WORKING TIME LIMITATION Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.03 shall include the following: If there is a violation of the working time limitations for traffic control as set forth in the special provisions, a written notice to stop work will be imposed on the Contractor at the start of the next working day. Work shall not resume until the Contractor assures the Engineer, in writing, that there will not be a reoccurrence of the working time violation. If more violations take place, the Engineer will notify the Contractor in writing that there will be a price reduction charge for each incident in accordance with this specification . This incident price reduction charge will be deducted from any money due the Contractor. This price reduction will not be considered a penalty but will be a price reduction for failure to perform traffic control in compliance with the Contract. An incident is any violation up to 30 minutes in duration. Each 30 minutes or increment thereof will be considered as an incident. A price reduction will be assessed for each successive or cumulative 30 minute period in violation of the working time limitations, as determined by the Engineer. The price reduction for each incident will increase at a progressive rate starting with $150 for the second incident and increasing to $1200 for the fifth and subsequent incidents in accordance with the following schedule. A 15 minute grace period will be allowed at the beginning of the second incident on the project before the price reduction is applied . This 15 minute grace period applies only to the second incident. The number of incident charges will be accumulative throughout the duration of the Contract. PRICE REDUCTION SCHEDULE Incident Incident Rate Total Price Reduction 1St Notice to Stop Work ---- 2nd $150 $150 3rd 300 450 4th 600 1 ,050 5th 1 ,200 2,250 6t" 1 ,200 3,450 Etc. 1 ,200 4,650 Etc. Etc. BID NO # B1500162 Page 92 February 3, 2011 1 REVISION OF SECTION 106 CERTIFICATES OF COMPLIANCE AND CERTIFIED TEST REPORTS Section 106 of the Standard Specifications is hereby revised for this project as follows: In subsection 106.12, delete the second paragraph and replace it with the following: The original Certificate of Compliance shall include the Contractor's original signature as directed above. The original signature (including corporate title) on the Certificate of Compliance, under penalty of perjury, shall be of a person having legal authority to act for the manufacturer. It shall state that the product or assembly to be incorporated into the project has been sampled and passed all specified tests in conformity to the plans and specifications for this project. One legible copy of the fully signed Certificate of Compliance shall be furnished to the Engineer prior to installation of material. The original shall be provided to the Engineer before payment for the represented item will be made. In subsection 106.13, delete the second paragraph and replace it with the following : The Certified Test Report shall be a legible copy or an original document and shall include the Contractor's original signature as directed above. The signature (including corporate title) on the Certified Test Report, under penalty of perjury, shall be of a person having legal authority to act for the manufacturer or the independent testing laboratory. It shall state that the test results show that the product or assembly to be incorporated into the project has been sampled and passed all specified tests in conformity to the plans and specifications for this project. One legible copy or original document of the fully signed Certified Test Report shall be furnished to the Engineer prior to installation of material. Failure to comply may result in delays to the project or rejection of the materials. BID NO # B1500162 Page 93 October 31 , 2013 1 REVISION OF SECTION 106 MATERIAL SOURCES Section 106 of the Standard Specifications is hereby revised for this project as follows: In subsection 106.02 (a), delete the third paragraph and replace with the following: The Contract will indicate whether the Department has or has not obtained the necessary County or City Zoning Clearance and the required permit from Colorado Department of Natural Resources needed to explore and remove materials from the available source. If the Department did not obtain the necessary clearances or permits, the Contractor shall obtain them . Any delays to the project or additional expenses that are incurred while these clearances or permits are being obtained shall be the responsibility of the Contractor. The Contractor shall ensure that the requirements of the permits do not conflict with the pit construction and reclamation requirements shown in the Contract for the available source. In subsection 106.02 (b), delete the first paragraph and replace with the following : (b) Contractor Source. Sources of sand, gravel, or borrow other than available sources will be known as contractor sources. The contractor source will be tested by the Department and approved by the Engineer prior to incorporation of the material into the project. If the submitted materials do not meet the contract specifications it will become the Contractor's responsibility to re-sample and test the material . The Contractor will supply the Department with passing test results from an AASHTO accredited laboratory and signed and sealed by a Professional Engineer. If requested by the Engineer, the Department will then re-sample and re-test the material for compliance to the contract specifications. The Contractor shall produce material which meets contract specifications throughout construction of the project. The cost of sampling, testing , and corrective action by the Contractor will not be paid for separately but shall be included in the work. BID NO # B1500162 Page 94 January 30, 2014 1 REVISION OF SECTION 106 SUPPLIER LIST Section 106 of the Standard Specifications is hereby revised for this project as follows: Subsection 106.01 shall include the following: Prior to beginning any work the Contractor shall submit to the Engineer a completed Form 1425, Supplier List. During the performance of the Contract, the Contractor shall submit an updated Form 1425 when requested by the Engineer. Failure to comply with the requirements of this subsection shall be grounds for withholding of progress payments. BID NO # B1500162 Page 95 July 31 , 2014 1 REVISION OF SECTION 107 CONTRACTOR OBTAINED STORMWATER CONSTRUCTION PERMIT Section 107 of the Standard Specifications is hereby revised for this project as follows: Subsection 107.25 shall include the following : (d) Contractor Obtained CDPS-SCP Storm water Permit . This project is covered by a Colorado Discharge Permit System Stormwater Construction Permit (CDPS-SCP). The Contractor shall apply for and obtain the permit upon award of the Contract. The Contractor shall submit a copy of the CDPS-SCP to the Engineer prior to or at the project Pre-construction Conference. If a Utility Company has pulled a permit for the area prior to the Contractor being on site, then the Contractor shall coordinate with the Utility Company to transfer those areas over to the Contractor prior to work commencing . The Contractor shall not commence construction until the CDPS-SCP has been obtained from CDPHE and submitted to the Engineer. A copy of the Permit shall be placed in the project SWMP notebook. Prior to final acceptance, a project walk through shall be conducted in accordance with subsection 208. 10 (c). The walk through shall take place upon sufficient completion of the project, as determined by the Engineer. Upon receipt of written final acceptance of the water quality work from the Engineer and written concurrence from the Maintenance Superintendent, the Contractor shall transfer the CDPS-SCP to the CDOT Maintenance Superintendent. The transfer forms will only be signed if the project is in an acceptable state as determined by the Maintenance Superintendent and the CDOT Region Water Pollution Control Manager (RWPCM). CDOT will submit the Application of Transfer of Ownership to the CDPHE. Under no circumstances shall the Contractor inactivate the permit. Until the transfer has been completed , the Contractor shall continue to adhere to all permit requirements. Requirements shall include inspections, BMP installation , BMP maintenance and BMP repair, including seeded areas. All documentation shall be submitted to the Engineer and placed in the SWMP notebook. All costs associated with the Contractor applying for, holding, and transferring the CDPS-SCP permit between parties will not be measured and paid for separately, but shall be included in the work in accordance with subsection 107.02. BID NO # B1500162 Page 96 February 3, 2011 1 REVISION OF SECTION 107 RESPONSIBILITY FOR DAMAGE CLAIMS, INSURANCE TYPES AND COVERAGE LIMITS Section 107 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 107. 15(c) and replace it with the following: (c) Each insurance policy shall include provisions preventing cancellation or non-renewal without at least 30 days prior notice to Contractor. The Contractor shall forward to the Engineer any such notice received within seven days of the Contractor's receipt of such notice. BID NO # B1500162 Page 97 January 30, 2014 1 REVISION OF SECTION 107 WARNING LIGHTS FOR WORK VEHICLES AND EQUIPMENT Section 107 of the Standard Specifications is hereby revised for this project as follows: Subsection 107.06 (b) shall include the following : All work vehicles and mobile equipment shall be equipped with one or more functioning warning lights mounted as high as practicable, which shall be capable of displaying in all directions one or more flashing , oscillating, or rotating lights for warning roadway traffic. The lights shall be amber in color. The warning lights shall be activated when the work vehicle or mobile equipment is operating within the roadway, right of way or both . All supplemental lights shall be SAE Class 1 certified. BID NO # B1500162 Page 98 April 30, 2015 99 REVISION OF SECTION 108 DELAY AND EXTENSION OF CONTRACT TIME Section 108 of the Standard Specifications is hereby revised for this project as follows: In subsection 108.08, delete (c) and (d) and replace with the following: (c) Delay. Any event, action or factor that extends the performance period of the Contract. 1 . Excusable Delay: A delay that was beyond the Contractor's control and was not due to the Contractor's fault or negligence. The Department may grant a contract time extension for an excusable delay. A. Compensable Delay: A delay that the Department, not the Contractor, is responsible for entitling the Contractor to a time extension and monetary compensation . Monetary compensation for compensable delays will be made in accordance with Subsection 109. 10. B. Noncompensable Delay: An excusable delay that neither the Contractor nor the Department is responsible for that may entitle the Contractor to a contract time extension but no additional monetary compensation. Contract time allowed for the performance of the work may be extended for delays due to force majeure (i.e. acts of God, acts of the public enemy, terrorist acts, fires, floods, area wide strikes, embargoes, or unusually severe weather). 2. Nonexcusable Delay: A delay that was reasonably foreseeable or within the control of the Contractor for which the Department will not grant monetary compensation or a contract time extension. 3. Concurrent Delay. Independent delays to critical activities occurring at the same time. A. The Department will not grant a time extension or additional compensation for the period of time that a non-excusable delay is concurrent with an excusable delay. B. The Department may grant time but no compensation for the period of time that a non- compensable delay is concurrent with a compensable delay. Delays in delivery of materials or fabrication scheduling resulting from late ordering, financial considerations, or other causes that could have been foreseen or prevented will be considered nonexcusable delays. However, delays caused by fuel shortage or delay in delivery of materials to the Contractor due to some unusual market condition caused by industry- wide strike, national disaster, area - wide shortage, or other reasons beyond the control of the Contractor which prevent procurement of materials or fuel within the allowable contract time limits will be considered excusable delays. (d) Extension of Contract Time. The Contractor's assertion that insufficient contract time was specified is not a valid reason for an extension of contract time. For time extension requests, the Contractor shall provide a two-part submittal: part one shall consist of a written notice of the delay and part two shall consist of the Contractor's delay documentation and supporting analysis. Part 1 : The Contractor shall provide the written notice of delay within seven days of the delay occurrence. The notice shall describe the delay and include documentation substantiating the nature and cause of the delay. Failure to submit the written notice constitutes a waiver of entitlement to additional time or compensation . Part 2: This shall be submitted within 30 days of the written notice. The Contractor shall include all documentation needed to support the time extension request. In order to request additional contract time for an unexpected delay, the Contractor shall provide a contemporaneous schedule analysis in accordance with subsection 108.03. The schedule analysis shall show that the delayed activity or activities were on the critical path or became critical due to the delay. BID NO # B1500162 Page 99 April 30, 2015 100 REVISION OF SECTION 108 DELAY AND EXTENSION OF CONTRACT TIME The Engineer will base a determination of an allowable contract time extension on : ( 1 ) The current Schedule in effect at the time of the alleged delay; (2) The supporting documentation submitted by the Contractor; (3) The contemporaneous schedule analysis; and (4) Any other relevant information available to the Engineer. For a time extension request resulting from a change order, the Contractor shall demonstrate the delay to the project completion date by: (1 ) Inserting a fragnet containing the change order activities into an unprogressed copy of the schedule that is current at the time of the change order; (2) tying the fragnet into the schedule logic; and (3) Recalculating the schedule. The Department will not consider delays to activities which do not affect the performance period of the Contract as a basis for a Contract time extension. If the Engineer grants a contract time extension , the revised Contract Completion date will be in effect as though it were the original contract date. A Contractor's failure to have an approved, or approved with comments, current project schedule in place will preclude the Department from considering a Contractor's a time extension request. BID NO # B1500162 Page 100 June 4, 2015 1 REVISION OF SECTION 108 LIQUIDATED DAMAGES Section 108 of the Standard Specifications is hereby revised for this project as follows: In subsection 108.09, delete the Schedule of Liquidated Damages and replace with the following : Original Contract Amount ($) Liquidated Damages per Calendar Day ($) From More Than To And Including 0 150,000 500 150,000 500,000 1 ,000 500,000 1 ,000,000 1 ,600 1 ,000,000 2,000,000 2,300 2,000,000 4,000,000 4, 100 4,000,000 10,000,000 5,800 10,000,000 5,800 plus 1 ,600 Per Each Additional 1 ,000,000 Contract Amount or Part Thereof Over 10,000,000 BID NO # B1500162 Page 101 July 31 , 2014 1 REVISION OF SECTION 108 NOTICE TO PROCEED Section 108 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 108.02 and replace with the following : 108.02 Notice to Proceed. The Contractor shall not commence work prior to the issuance of a Notice to Proceed . The "Notice to Proceed" will stipulate the date on which contract time commences. When the Contractor proceeds with work prior to that date, contract time will commence on the date work actually begins. The Contractor shall commence work under the Contract on or prior to the 5th day following Contract execution or the 10th day following the date of award, whichever comes later, or in accordance with the selected start date allowed in the special provisions. BID NO # B1500162 Page 102 July 31 , 2014 1 REVISION OF SECTION 108 PROJECT SCHEDULE Section 108 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 108.03 and replace with the following : 108.03 Project Schedule. (a) Definitions. Activity. An activity is a project element on a schedule that affects completion of the project. An activity has a description, start date, finish date, duration, and one or more logic ties. Activity ID. A unique, alphanumeric, identification code assigned to an activity and remains constant throughout the project. Bar Chart. A simple depiction of a Project Schedule without relationships or supporting logic of the schedule. Calendar. Defined work periods and no work periods that determine when project activities can occur. Multiple calendars may be used for different activities; e.g. , a 5-day work-week and a 7-day work-week calendar. Constraint. A restriction imposed in a schedule, which fixes a value that would otherwise be calculated within the schedule. Examples of values that can be fixed by a constraint include start date, end date, and completion date. Critical Path. The sequence of activities that determines the duration of the project. Critical Path Method Scheduling. (CPM Scheduling) is a logic-based planning technique using activity durations and relationships between activities to calculate a schedule determining the minimum total project duration. Data Date. The starting point from which to schedule all remaining work. Duration. The estimated amount of time needed to complete an activity. Float. The amount of time between the earliest date an activity can start and the latest date when an activity must start, or the earliest date an activity can finish and latest date when an activity can finish before the activity becomes critical. The time between the Project Schedule completion date and the Contract completion date is not considered float. Gantt Chart. A time-scaled graphical display of the project's schedule. Lag . A time-value assigned to a relationship. Logic. Relationships between activities defining the sequence of work (See also predecessor activity and successor activity). Milestone. An activity, with no duration used to represent an event. Open-Ended Activity. An activity that does not have both a predecessor activity and a successor activity. Predecessor Activity. An activity that is defined by schedule logic to precede another activity. Relationship. The interdependence between activities. July 31 , 2014 BID NO # B1500162 Page 103 2 REVISION OF SECTION 108 PROJECT SCHEDULE Salient Feature. An item of work that is of special interest for CDOT in coordinating the project schedule but may not affect the overall completion of the project. Successor Activity. An activity that is defined by schedule logic to follow another activity. Time-Scaled Logic Diagram . Gantt chart that illustrates logic links depicting both schedule logic and the time at which activities are performed . (b) Project Schedule - General The Contractor shall use either Microsoft Project or Primavera Scheduling software to develop and manage a CPM Project Schedule to plan , schedule, and report the progress of the work. Prior to, or at the Pre- construction Conference, the Contractor shall notify the Engineer in writing , which scheduling software the Contractor shall use to manage the project. The Contractor's selection and use of particular scheduling software cannot be changed after the first schedule submittal. If the Contractor selects Primavera, the Contractor shall calculate the schedule using the Retained Logic scheduling option . The Department will not allow use of bar charts for the Project Schedule. The Contractor shall submit schedules for approval by the Engineer. The purpose of these schedules is to allow the Contractor and the Department to jointly manage the work and evaluate progress. The schedules also serve to evaluate the effect of changes and delays to the scheduled project completion.-Either party may require a formal schedule review meeting. The Contractor's schedule shall consist of a time-scaled logic diagram and shall show the logical progression of all activities required to complete the work. The Contractor shall use activity descriptions that ensure the work is easily identifiable. The Contractor shall show the no-work days in the schedule calendars. The Contractor shall use durations for individual construction activities that do not exceed 15 calendar days unless approved by the Engineer. The Contractor may group a series of activities with an aggregate duration of five days or less into a single activity. Non-construction activities may have durations exceeding 15 working days, as approved by the Engineer. The Contractor may include summary bars in the schedule as long as the detailed activities to complete the work are displayed. The Contractor shall not use the following: (1 ) Negative lags (2) Lags in excess of 10 working days without approval by the Engineer. The Contractor's written request shall justify the need for the lag. Lags shall be identified. (3) Start-to-finish relationships. (4) Open-ended activities - every activity shall have at least one predecessor activity and at least one successor activity, except for the first and last activities in the network. If the contractor uses a start-to- start relationship to link two activities, then both of those two activities should also have successor activities linked by either a finish-to-start or a finish-to-finish relationship. (5) Constraints without approval by the Engineer. The Contractor's written request shall explain why the use of constraints in the schedule is necessary. The Project Schedule shall show all activities required by all parties to complete the work. The Project Schedule shall include subcontracted work, delivery dates for critical material, submittal and review periods, permits and governmental approvals, milestone requirements, utility work by others and no work periods. The Contractor, its July 31 , 2014 BID NO # B1500162 Page 104 3 REVISION OF SECTION 108 PROJECT SCHEDULE subcontractors, suppliers, and engineers, at any tier, shall perform the work according to the approved Project Schedule. Float within the Baseline Schedule or any other Project Schedule is not for the exclusive use or benefit of either party, but is a project resource available to both parties as needed until it is depleted. For any schedule submittal that shows completion in less than 85 percent of the Contract Time, the Contractor shall submit planned production rates in the schedule for all activities with float of 10 days or less. The Engineer may require additional methods statements for activities with float of 10 days or less. The Engineer's review of the schedule will not exceed 10 calendar days. The Engineer will provide the Contractor with one of the following responses within 10 days after receipt of the Project Schedule: ( 1 ) Approved, no exceptions taken; (2) Approved-as-Noted; or (3) Revise and Resubmit within 10 days. The Contractor shall not assume that approval of the Project Schedule relieves the Contractor of its obligation to complete all work within the Contract Time. (c) Schedule Submittals. The Contractor shall include a time-scaled logic diagram with all schedule submittals that: (1 ) Is plotted on a horizontal time-scale in accordance with the project calendar. (2) Uses color to clearly identify the critical path. (3) Is based on early start and early finish dates of activities. (4) For Schedule Updates and Schedule Revisions, shows actual completion dates up to but not including the data date. (5) Clearly shows the sequence and relationships of all activities necessary to complete the contract work. (6) Includes an activity block for each activity with the following information: Activity ID Activity Description Original Duration Total Float Early start date Early finish date Late start date* Late finish date* Actual Start date^ Actual Finish date^ Calendar used on the activity Activity Responsibility Remaining Duration^ Duration Percent Complete^ Gantt chart (time-scaled logic diagram ) *Required with the Preliminary and Baseline Schedule. ^Required with the Project Schedule Update and Schedule Revision. The Contractor shall include the following with all schedule submittals: (i) A Job Progress Narrative Report that includes the following: (ii) A description of the work performed since the previous month's schedule update. (iii) A description of problems encountered or anticipated since the previous month's schedule submission . July 31 , 2014 BID NO # B1500162 Page 105 4 REVISION OF SECTION 108 PROJECT SCHEDULE (iv) A description of unusual labor, shift, equipment, or material conditions or restrictions encountered or anticipated. (v) The status of all pending items that could affect the schedule. (vi) Explanations for milestones forecasted to occur late. (vii) Scheduled completion date status and any change from the previous month's submission. (viii) An explanation for a scheduled completion date forecasted to occur before or after the contract completion date or contract time. (ix) Schedule Delays: 1 . A description of current and anticipated delays including: Identification of the delayed activity or activities by Activity ID(s) and description(s). 2. Delay type with reference to the relevant specification subsection. 3. Delay cause or causes. 4. Effect of the delay on other activities, milestones, and completion dates. 5. Identification of the actions needed to avoid a potential or mitigate an actual delay. 6. A description of the critical path impact and effect on the scheduled completion date in the previous month's schedule update. (x) A list of all added and deleted activities along with an explanation for the change. (xi) All logic and duration changes along with an explanation for the change. (xii) A Predecessor Activity and Successor Activity report that defines all schedule logic and clearly indicates all logical relationships and constraints. (xiii) An Early Start report listing all activities, sorted by actual start/early start date. (xiv) A Float report listing all activities sorted in ascending order of available float. (xv) A Critical Path report listing all activities not yet complete with the percent complete, sorted by float and then by early start. (xvi) A listing of all non-work days. For all required schedule submittals, the Contractor shall submit two electronic copies on two compact disk, USB flash drive, or other media as directed by the Engineer. Electronic copies of CPM schedules shall be submitted both in the native schedule format and in "PDF" format. The Contractor shall also provide two printed copies of the CPM Schedule and all reports. Each schedule submittal shall be appropriately labeled as a Preliminary Schedule, Baseline Schedule, Project Schedule Update, or Schedule Revision . The title bar shall include the CDOT project number, subaccount, project name, contractor name, schedule data date. If an originally submitted schedule is revised during review, the title bar shall also include a revision number (REV1 , REV2, etc. ) and revision date. Preliminary Schedule. Within 14 days of award of the Contract, the Contractor may submit a Preliminary Schedule showing all planned activities from the Notice to Proceed through the first 60 days of the project. If the Contractor elects not to submit a Preliminary Schedule, then the Contractor shall submit a complete Baseline Schedule within 10 days of award of the Contract, which will be subject to all requirements of a Baseline submittal. The Preliminary Schedule shall not show any progress and it will be approved by the Engineer before work can commence. The Preliminary Schedule shall be used as the basis for the Baseline Schedule. (d) Baseline Schedule. If the Contractor elects to submit a Preliminary Schedule, within 45 days of the award of Contract, the Contractor shall submit a Baseline Schedule that includes all work activities completed within Contract Time. The Contractor shall not show progress in the Baseline Schedule. Further partial payments will not be made beyond 60 days after the start of Contract Time unless the Baseline Schedule is approved . When approved , the Baseline Schedule shall become the Project Schedule. The Contractor shall use all information known by the Contractor at the time of bid submittal to develop the Baseline Schedule. July 31 , 2014 BID NO # B1500162 Page 106 5 REVISION OF SECTION 108 PROJECT SCHEDULE If the Contractor elects to submit a Baseline Schedule in lieu of a Preliminary Schedule, the Baseline Schedule shall be approved before work can commence. (e) Methods Statements. The Contractor shall submit a Methods Statement for each salient feature or as directed by the Engineer that describes all work necessary to complete the feature. The Contractor shall include the following information in the Methods Statement: (1 ) Salient feature name; (2) Responsibility for the salient feature work; (3) Planned work procedures; (4) The planned quantity of work per day for each salient feature using the same units of measure as the applicable pay item ; (5) The anticipated labor force by labor type; (6) The number, types, and capacities of equipment planned for the work; (7) The planned time for the work including the number of work days per week, number of shifts per day, and the number of hours per shift. (f) Project Schedule Update. The Contractor shall submit a monthly update of the Project Schedule updated through the cut-off date for the monthly progress pay estimate, and a projection for completing all remaining activities. A schedule update may show a completion date that is different than the Contract completion date, after the baseline schedule is approved. Approval of this schedule shall not relieve the Contractor of its obligation to complete the work within the Contract Time. In this case, the contractor shall provide an explanation for a late scheduled completion date in the Job Progress Narrative Report included with the schedule submittal. When approved, the Project Schedule Update will become the Project Schedule. The Engineer will not issue a monthly progress payment if the Engineer has not received the Project Schedule Update. The Engineer will not make monthly progress payments for the months following the Project Schedule Update submission until the Engineer approves the Project Schedule Update. When the project has a maintenance or landscape establishment period , the Engineer may waive the monthly update requirement. The Contractor shall submit a final Project Schedule Update that shows all work through the final acceptance date. (g) Weekly Planning Schedule. The Contractor shall submit, in writing , a Weekly Planning Schedule that shows the Contractor's and all Subcontractor's planned activities for a minimum of two weeks immediately following the date of submittal and actual days worked versus planned for the week prior to the date of submittal. This schedule shall include the description, duration and sequence of work activities and anticipated lane closures for the upcoming two weeks. The Weekly Planning Schedule may be a time-scaled logic diagram or other standard format as approved by the Engineer. subsection 108.03(c) Schedule Submittal requirements for reports do not apply to the Weekly Planning Schedule. (h) Schedule Revision. A Schedule Revision is required in the event of any major change to the work. Examples of major changes are: ( 1 ) Significant changes in logic or methods of construction or changes to the critical path; (2) Addition , deletion , or revision of activities required by contract modification order; (3) Approval of a Contractor submitted Value Engineering Change Proposal; (4) Delays in milestones or project completion; (5) Phasing revisions, or; (6) If the Engineer determines that the schedule does not reflect the actual work. BID NO # B1500162 Page 107 July 31 , 2014 6 REVISION OF SECTION 108 PROJECT SCHEDULE This revision shall include a description of the measures necessary to achieve completion of the work within the Contract Time. The Contractor may also need to submit revised Methods Statements. The Contractor shall provide a Schedule Revision within 10 days of written notification and shall include the diagrams and reports as described in subsection 108.03 (b) Schedule - General and (c) Schedule Submittals. In this case, the Contractor shall provide an explanation for a late scheduled completion date in the Job Progress Narrative Report included with the schedule. Once approved , the Schedule Revision becomes the Project Schedule. (i) Payment. All costs relating to the requirements of this subsection will not be paid for separately, but shall be included in the work. BID NO # B1500162 Page 108 January 31 , 2013 1 REVISION OF SECTION 108 SUBLETTING OF CONTRACT Section 108 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 108.01 and replace with the following : 108.01 Subletting of Contract. The Contractor shall not sublet, sell, transfer, assign , or dispose of the Contract or Contracts, or any portion thereof without written permission of the Engineer. Prior to beginning any work by subcontractor, the Contractor shall request permission from the Engineer by submitting a completed Sublet Permit Application, CDOT Form No. 205. The subcontract work shall not begin until the Contractor has received the Engineer's written permission . The Contractor shall make all project related written subcontracts, agreements, and purchase orders available to the Engineer for viewing, upon request and at a location convenient to the Engineer. The Contractor will be permitted to sublet a portion of the Contract, however, the Contractor's organization shall perform work amounting to 30 percent or more of the total original contract amount. Any items designated in the contract as "specialty items" may be performed by subcontract. The cost of "specialty items" so performed by subcontract may be deducted from the total original contract amount before computing the amount of work required to be performed by the Contractor's own organization . The original contract amount includes the cost of material and manufactured products which are to be purchased or produced by the Contractor and the actual agreement amounts between the Contractor and a subcontractor. Proportional value of a subcontracted partial contract item will be verified by the Engineer. When a firm both sells material to a prime contractor and performs the work of incorporating the materials into the project, these two phases shall be considered in combination and as constituting a single subcontract. The calculation of the percentage of subcontracted work shall be based on subcontract unit prices . Subcontracts or transfer of Contract shall not release the Contractor of liability under the Contract and Bond . BID NO # B1500162 Page 109 May 5, 2011 1 REVISION OF SECTION 109 COMPENSATION FOR COMPENSABLE DELAYS In subsection 109. 10, delete the first two paragraphs and replace with the following: 109. 10 Compensation for Compensable Delays: If the Engineer determines that a delay is compensable in accordance with either subsection 105.22, 105.23, 105.24, or 108.08, monetary compensation will be determined in accordance with this subsection. (a) These categories represent the only costs that are recoverable by the Contractor. All other costs or categories of costs are not recoverable: (1 ) Actual wages and benefits, including FICA, paid for additional labor not otherwise included in (5) below; (2) Costs for additional bond, insurance and tax; (3) Increased costs for materials; (4) Equipment costs calculated in accordance with subsection 109.04(c) for Contractor owned equipment and based on invoice costs for rented equipment; (5) Costs of extended job site overhead; (6) Costs of salaried employees not otherwise included in ( 1 ) or (5) above incurred as a direct result of the delay; (7) Claims from subcontractors and suppliers at any level (the same level of detail as specified herein is required for all such claims); (8) An additional 16 percent will be added to the total of items ( 1 ) through (7) as compensation for items for which no specific allowance is provided , including profit and home office overhead. BID NO # B1500162 Page 110 February 3, 2011 111 REVISION OF SECTION 109 MEASUREMENT OF QUANTITIES Section 109 of the Standard Specifications is hereby revised for this project as follows: In subsection 109.01 , delete the 17th paragraph and replace it with the following: Vehicles used to haul material being paid for by weight shall bear a plainly legible identification mark. Each of these vehicles shall be weighed empty daily at times directed by the Engineer. The Contractor shall furnish to the Engineer, in writing , a vehicle identification sheet that lists the following for each delivery vehicle to be used on the project: (1 ) identification mark (2) vehicle length (3) tare weight (4) number of axles (5) the distance between extreme axles (6) information related to legal weight, including the Permit No. and permitted weight of each vehicle for which the State has issued an overweight permit. This information shall be furnished prior to time of delivery of the material and at any subsequent time the Contractor changes vehicles, combination vehicles, axle length relationships, or overweight permitting of vehicles. BID NO # B1500162 Page 111 January 31 , 2013 1 REVISION OF SECTION 109 PROMPT PAYMENT Section 109 of the Standard Specifications is hereby revised to include the following: Subsection 109.06 (e) shall include the following : The Contractor shall submit the Form 1418, Monthly Payment Report, along with the project schedule updates, in accordance with subsections 108.03 (b) or 108.03 (c) (3). Failure to submit a complete and accurate Form 1418 shall be grounds for CDOT to withhold subsequent payments or retainage to the Contractor. BID NO # B1500162 Page 112 April 26, 2012 1 REVISION OF SECTION 212 SEED Section 212 of the Standard Specifications is hereby revised for this project as follows: In subsection 212.02 (a), delete the first paragraph and replace with the following: (a) Seed. All seed shall be furnished in bags or containers clearly labeled to show the name and address of the supplier, the seed name, the lot number, net weight, origin , the percent of weed seed content, the guaranteed percentage of purity and germination , pounds of pure live seed (PLS) of each seed species, and the total pounds of PLS in the container. All seeds shall be free from noxious weed seeds in accordance with current state and local lists and as indicated in Section 213. The Contractor shall furnish to the Engineer a signed statement certifying that the seed is from a lot that has been tested by a recognized laboratory for seed testing within thirteen months prior to the date of seeding. The Engineer may obtain seed samples from the seed equipment, furnished bags or containers to test seed for species identification , purity and germination . Seed tested and found to be less than 10 percent of the labeled certified PLS and different than the specified species will not be accepted. Seed which has become wet, moldy, or damaged in transit or in storage will not be accepted. BID NO # B1500162 Page 113 July 16, 2015 114 REVISION OF SECTION 216 SOIL RETENTION COVERING Section 216 of the Standard Specifications is hereby deleted for this project and replaced with the following: DESCRIPTION 216.01 This work consists of furnishing , preparing, applying , placing , and securing soil retention blankets and turf reinforcement mats for erosion control on roadway slopes or channels as designated in the Contract. MATERIALS 216.02 Soil retention covering shall be either a soil retention blanket or a turf reinforcement mat as specified in the Contract. It shall be one of the products listed on CDOT's Approved Products List and shall conform to the following: (a) Soil Retention Blanket. Soil retention blanket shall be composed of degradable natural fibers mechanically bound together between two slowly degrading synthetic or natural fiber nettings to form a continuous matrix and shall conform to the requirements of Tables 216-1 and 216-2. The blanket shall be of consistent thickness with the fiber evenly distributed over the entire area of the mat. When specified lightweight polypropylene netting shall be 1 .5 pounds per 1000 square feet; heavyweight netting shall be 2.9 pounds per 1000 square feet. When biodegradable blanket is specified , the thread shall be 100 percent biodegradable; polypropylene thread is not allowed. When photodegradable netting is specified the thread shall be polyester, biodegradable or photodegradable. Blankets and nettings shall be non-toxic to vegetation and shall not inhibit germination of native seed mix as specified in the Contract. The materials shall not be toxic or injurious to humans. Class 1 blanket shall be an extended term blanket with a typical 24 month functional longevity. Class 2 blanket shall be a long term blanket with a typical 36 month functional longevity. The class of blanket is defined by the physical and performance characteristics. 1 . Soil Retention Blanket (Straw-Coconut). Soil Retention Blanket (Straw-Coconut) shall be a machine produced mat consisting of 70 percent certified weed free agricultural straw or Colorado native grass straw and 30 percent coconut fiber. The blanket shall be either biodegradable or photodegradable. Blankets shall be sewn together on a maximum 2 inch centers. Netting shall be as follows: When biodegradable netting is specified , the top and bottom netting shall be 100 percent biodegradable organic jute fiber. Netting shall be constructed using a weave unattached at intersections which allows the strands of the net to move independently of each other. When photodegradable netting is specified, the bottom side shall be lightweight polypropylene. The top side shall be heavyweight or lightweight polypropylene. 2. Soil Retention Blanket (Excelsior). Soil Retention Blanket (Excelsior) blanket shall consist of a machine produced mat of 100 percent curled wood excelsior , 80 percent of which shall be 6 inches or longer in fiber length . It shall be either biodegradable or photodegradable. Blankets shall be sewn together at a maximum of 4 inch centers. Netting shall be as follows: July 16, 2015 BID NO # B1500162 Page 114 2 REVISION OF SECTION 216 SOIL RETENTION COVERING When biodegradable netting is specified , the top and bottom netting shall be 100 percent biodegradable organic jute fiber. Netting shall be constructed using a weave unattached at intersections which allows the strands of the net to move independently of each other. When photodegradable netting is specified, the bottom side shall be lightweight polypropylene. The top side shall be heavyweight or lightweight polypropylene. 3. Soil Retention Blanket (Coconut). Soil Retention Blanket (Coconut) shall be a machine produced mat consisting of 100 percent coconut fiber. It shall be either biodegradable or photodegradable. Netting shall be as follows: When biodegradable netting is specified , the top and bottom netting shall be 100 percent biodegradable organic jute fiber. Netting shall be constructed using a weave which is unattached at the intersections, and which allows the strands of the net to move independently of each other. When photodegradable netting is specified, the bottom and top side shall be heavyweight polypropylene. Table 216-1 PHYSICAL REQUIREMENTS FOR SOIL RETENTION BLANKET - PHOTODEGRADABLE OR BIODEGRADABLE BLANKETS Photo/Bio Minimum Minimum Acceptable Min. Mass per Degradable Roll Thickness Matrix Fill Unit Area Size of Net Opening Class Width ASTM D Material ASTM D 6475 6525 Photo-degradable Bio-degradable Minimum : Minimum : 0.50"x0.50" 0.50"x0.50" 1 6.5 ft. 250 mils Straw/Coconut 8 oz/sy Maximum : Maximum : 0.75"x0.75" 0.5"x1 .0" Minimum : 0.50"x0.50" 1 6.5 ft. 250 mils Excelsior 8 oz/sy NONE Maximum : 1 .0"x2.0" Minimum : Minimum : 0.50" x0.5" 0.50"x0.50" 2 6.5 ft. 200 mils Coconut 8oz/sy Maximum : Maximum : _ 0.75"x0.75" 0.5"x1 .0" BID NO # B1500162 Page 115 July 16, 2015 3 REVISION OF SECTION 216 SOIL RETENTION COVERING Table 216-2 PERFORMANCE REQUIREMENTS FOR SOIL RETENTION BLANKET - PHOTODEGRADABLE OR BIODEGRADABLE BLANKETS Photo/Bio Slope Application Minimum Degradable "C" Factor' TensilMSDzrength Class ASTM D 6459 ASTM D 6818 1 ≤ 8.33 lb/in 2 < 0. 103: 1 10.42 lb/in Notes: 1 1 "C" Factor calculated as ratio of soil loss from soil retention blanket protected slope (tested at specified or greater gradient, 3H : 1 V) to ratio of soil loss from unprotected (control) plot in large-scale testing. 2 MD is for machine direction testing (along the length of the roll). Blankets shall be tested for physical properties and have published data from an independent testing facility. Large scale testing of Slope Erosion Protection ("C" factor) shall be performed by an independent testing facility. (b) Turf Reinforcement Mat. Turf reinforcement mat (TRM) shall be a rolled mat consisting of UV stabilized , corrosion resistant, non-degradable synthetic fibers, filaments, or nets processed into a permanent three- dimensional matrix of the thickness specified in Tables 216-3 and 216-4. TRMs shall provide sufficient thickness, strength and void space to permit soil filling and retention , and the development of vegetation within the matrix. The class of TRM is defined by the physical and performance characteristics as specified in the following tables. Table 216-3 PHYSICAL REQUIREMENTS' FOR TURF REINFORCEMENT MAT Product Minimum Minimum Acceptable 2 Class Roll Width Thickness Matrix Fill Size of Net Opening ASTM D 6525 Material 2 Excelsior, Minimum : Straw/Coconut, 0.50"x0.50" 1 6.5 ft. 250 mils Coconut, or Polymer Maximum : fibers 0.75"x0.75" 100% UV Stabilized 2 6.5 ft. 250 mils Synthetic or Coconut Maximum 0.50"x 0.50" Fibers 3 6.5 ft. 250 mils 100% UV Stabilized Maximum 0.50"x 0.50" Synthetic Fibers Notes: For TRMs containing degradable components, all property values shall be obtained on the non-degradable portion of the matting alone. 2 For TRMs with nets and fill material. Netted TRMs shall be sewn together on a maximum 2 inch centers. July 16, 2015 BID NO # B1500162 Page 116 4 REVISION OF SECTION 216 SOIL RETENTION COVERING Table 216-4 PERFORMANCE REQUIREMENTS FOR TURF REINFORCEMENT MAT Minimum UV Minimum Product Tensile Strength Stability @ 500 1 Permissible Shear MD Class ASTM D 6818 Hours ASTM D (Unvegetated) 4355 ASTM D 6460 1 125 lbs/ft 80% 1 .8 lbs/sf 2 150 lbs/ft 80% 2.5 lbs/sf 3 175 lbs/ft 80% 3. 1 lbs/sf Notes: 1 1 Permissible shear stress is the minimum shear stress that a product must be able to sustain when placed on a channel un-vegetated without physical damage or excess soil loss. Failure is defined as '/2 inch of soil loss during a 30 minute flow event in large scale testing . TRMs shall be tested for physical properties and have published data from an independent testing facility. Large scale testing of Permissible Shear Stress will be performed by an independent testing facility. (c) Staples. Staples shall be made of ductile steel wire, 0. 165 inches in diameter, 8 inches long and have a 1 inch crown. "T" shaped staples will not be permitted. A sample of the staples and a Certificate of Compliance (COC) including the manufacturer's product data showing that the product meets the Contract requirements shall be submitted for approval at the environmental preconstruction conference. Installation of the blanket will not begin until approval has been received from the Engineer in writing. (d) Earth Anchors. The mechanical earth anchor shall be composed of a load bearing face plate, a tendon rod or wire rope, and a locking head or percussion anchor. Each element of the anchor shall be composed of corrosion resistant materials. The anchor and wire rope shall have a breaking strength of 9,500 pounds utilizing standard tensile testing and ASTM A1007 - 07. The anchor shall have a minimum 1 ,000 pounds ultimate holding strength in normal soil and a manufacturer's recommended minimum driven depth of 3.5 feet. A sample of the anchors and a Certificate of Compliance (COC) including the manufacturer's product data showing that the product meets the Contract requirements shall be submitted for approval at the environmental preconstruction conference. Installation of the blanket will not begin until approval has been received from the Engineer in writing. CONSTRUCTION REQUIREMENTS 216.03 The Contractor shall install soil retention coverings in accordance with Standard Plan M-216-1 and the following procedure: 1 . Prepare soil in accordance with subsection 212.06 (a). . 2. Apply topsoil or soil conditioning as directed in the Contract to prepare seed bed . 3. Place seed in accordance with the Contract. 4 . Unroll the covering parallel to the primary direction of flow. 5. Ensure that the covering maintains direct contact with the soil surface over the entirety of the installation area. 6 . Do not stretch the material or allow it to bridge over surface inconsistencies. July 16, 2015 BID NO # B1500162 Page 117 5 REVISION OF SECTION 216 SOIL RETENTION COVERING 7. Staple the covering to the soil such that each staple is flush with the underlying soil. 8. Ensure that staples or earth anchors are installed full depth to resist pull out. No bent over staples will be allowed . Install anchor trenches, seams, and terminal ends as shown on the plans. The Contractor shall install TRMs using the following procedure: 1 . Place 3 inches of topsoil or soil amended with soil conditioning . 2 . Apply half of the specified seed at the broadcast rate and rake into soil. 3. Install TRM 4. Place 1 inch of topsoil or soil amended with soil conditioning into the matrix to fill the product thickness. 5 . Apply the remaining half of the specified seed at the broadcast rate and rake into soil. 6 . Install soil retention blanket (Photodegradable or Biodegradable Class 1 ) over the seeded area and TRM . When applicable, the covering shall be unrolled with the heavyweight polypropylene netting on top and the lightweight polypropylene netting shall be in contact with the soil. 216.04 Slope Application . Soil retention coverings shall be installed on slopes as follows: The upslope end shall be buried in a trench 3 feet beyond the crest of the slope if possible. trench depth shall be a minimum of 6 inches unless required by the manufacture to be deeper. Before backfilling begins, staples shall be placed across the width of the trench . The trench shall then be backfilled to grade with soil amended with soil conditioning or topsoil, compacted by foot tamping, and seeded . Fabric shall be brought back over trench and secured with staples or earth anchors at 1 foot on center. There shall be an overlap wherever one roll of fabric ends and another begins with the uphill covering placed on top of the downhill covering . Staples shall be installed in the overlap. There shall be an overlap wherever two widths of covering are applied side by side. Staples shall be installed in the overlap. Staple checks shall be installed on the slope length at a maximum of every 35 feet. Each staple check shall consist of two rows of staggered staples. The down slope end shall be buried in a trench 3 feet beyond the toe of slope. Before backfilling begins, staples shall be placed across the width of the trench. The trench shall then be backfilled to grade with soil amended with soil conditioning or topsoil, compacted by foot tamping, and seeded. Fabric shall be brought back over trench and secured with staples or earth anchors. If a slope runs into State waters or cannot be extended 3 feet beyond the toe of slope, the end of covering shall be secured using a staple check as described above. Coverings shall be securely fastened to the soil by installing staples or earth anchors at the minimum rate shown on the Standard Plan M-216-1 . Staple or earth anchor spacing shall be reduced where required due to soil type or steepness of slope. 216.05 Channel Application . Soil retention coverings shall be installed as follows on a channel application : Coverings shall be anchored at the beginning and end of the channel across its entire width by burying the end in a trench . Trench depth shall be a minimum of 6 inches, unless a larger depth is specified by the manufacturer recommendations. Before backfilling begins, staples shall be placed across the width of the trench. The trench shall then be backfilled to grade with soil amended with soil conditioning or topsoil and compacted by foot tamping , and seeded. Fabric shall be brought back over the trench and stapled. July 16, 2015 BID NO # B1500162 Page 118 6 REVISION OF SECTION 216 SOIL RETENTION COVERING Covering shall be unrolled in the direction of flow and placed in the bottom of the channel first. Seams shall not be placed down the center of the channel bottom or in areas of concentrated flows when placing rolls side by side. There shall be an overlap wherever one roll of covering ends and another begins with the upstream covering placed on top of the downstream covering. Two rows of staggered staples shall be placed. There shall be an overlap wherever two widths of covering are applied side by side. Staples shall be placed in the overlap. The covering shall have a channel check slot every 30 feet along the gradient of the flowline. Check slots shall extend the entire width of the channel. The covering shall be buried in a trench . Before backfilling begins, staples shall be placed across the width of the trench. The trench shall then be backfilled to grade with soil amended with soil conditioning or topsoil, Compacted by foot tamping , and seeded. Fabric shall be brought back over trench and continued down the channel. Coverings shall be securely fastened to the soil by installing staples at the minimum rate shown on the plans. Staple spacing shall be reduced where needed due to soil type or high flows. 216.06 Maintenance. The Contractor shall maintain the soil retention coverings until all work on the Contract has been completed and accepted. Maintenance shall consist of the repair of areas where damage is due to the Contractor's operations. Maintenance shall be performed at the Contractor's expense. Repair of those areas damaged by causes not attributable to the Contractor's operations shall be repaired by the Contractor and will be paid for at the contract unit price. Areas shall be repaired to reestablish the condition and grade of the soil and seeding prior to application of the covering . METHOD OF MEASUREMENT 216.07 Soil retention coverings, including staples, complete in place and accepted, will be measured by the square yard of finished surface, excluding overlap, which is installed and accepted . Earth Anchors will be measured by the actual number of earth anchors complete in place and accepted . BASIS OF PAYMENT 216.08 The accepted quantities of soil retention coverings will be paid for at the contract unit price per square yard . The accepted quantities of earth anchors will be paid for at the contract unit price per each installed . Payment will be made under: Pay Item Pay Unit Soil Retention Blanket (_) (Photodegradable Class _) Square Yard Soil Retention Blanket ( ) (Biodegradable Class _) Square Yard Turf Reinforcement Mat (Class _) Square Yard Earth Anchors Each Preparation of seedbed , fertilizing , and seeding will be measured and paid for in accordance with Section 212. Placing and preparation of seedbed , fertilizing, and seeding of soil under the TRM layer will be measured and paid for in accordance with Section 212. Topsoil or amended soil and seed placed on the TRM will be measured and paid for in accordance with Sections 207 and 212. Staples will not be measured and paid for separately, but shall be included in the work. BID NO # B1500162 Page 119 January 15, 2015 1 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT Section 250 of the Standard Specifications is hereby deleted for this projected and replaced with the following: DESCRIPTION 250.01 This work consists of protection of the environment, persons, and property from contaminants that may be encountered on the Project. This includes monitoring the work for encounters with contaminants or suspected soil and groundwater contaminants; the management of solid , special, and hazardous waste; and management of visual emissions associated with hazardous waste, when encountered on the project. 250.02 The Contractor shall furnish all personnel, materials, equipment, laboratory services and traffic control necessary to perform the contamination monitoring , testing, and site remediation when required. Traffic control shall be in accordance with the requirements of Section 630. Monitoring equipment used to detect flammable gas, oxygen level, and toxic gas shall be capable of detection to meet the following standards: CONSTRUCTION REQUIREMENTS Instrument Detection Constituent Threshold Limit Increments Flammable Gas 1 % LEL 1 % Oxygen 19% 0. 1 % Toxic Gas 1 PPM 1 PPM LEL = lower explosive limit PPM = parts per million 250.03 General . Prospective bidders, including subcontractors, are required to review the environmental documents available for this project. These documents are listed in subsection 102.05 as revised for this project. This project may be in the vicinity of property associated with petroleum products, heavy metal based paint, landfill, buried foundations, abandoned utility lines, industrial area or other sites which can yield hazardous substances or produce dangerous gases. These hazardous substances or gases can migrate within or into the construction area and could create hazardous conditions. The Contractor shall use appropriate methods to reduce and control known landfill, industrial gases, and visible emissions from asbestos encounters and hazardous substances which exist or migrate into the construction area. The Contractor shall follow CDOT's Asbestos- Contaminated Soil Management Standard Operating Procedure, dated August 22, 2011 for proper handling of asbestos-contaminated soil , and follow all applicable Solid and Hazardous Waste Regulations for proper handling of soils encountered that contain any other substance mentioned above. Encountering suspected contaminated material, including groundwater, old foundations, building materials, demolition debris, or utility lines that may contain asbestos or be contaminated by asbestos, is possible at some point during the construction of this project. When suspected contaminated material, including groundwater, is encountered or brought to the surface, the procedures under subsection 250.03(d) and 250.05 shall be followed. Transportation of waste materials on public highways, streets and roadways shall be done in accordance with Title 49, Code of Federal Regulations (CFR). All labeling , manifesting, transportation, etc. of waste materials generated on this project shall be coordinated with the Engineer. All hazardous waste manifests for waste materials generated on this project shall list the Colorado Department of Transportation as the generator of the waste materials except as otherwise noted. If the Contractor contaminates the site, the Contractor shall be listed as the generator on the hazardous waste manifests, permits, and other documents for such material. If the project BID NO # B1500162 Page 120 January 15, 2015 2 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT is not on a State Highway or frontage road, then the appropriate local governmental entity having jurisdiction over the transportation system facility shall be listed as the hazardous waste generator. If waste materials must be handled in a permitted treatment, storage and disposal (TSD) facility, the facility shall be designated in writing by the Engineer. If the waste materials are the result of the Contractor's actions, the Contractor shall designate the facility. The hazardous waste transportation phase of the work involves insurance required by law and regulations. If the waste materials are determined to be hazardous, the Contractor must submit proof that the transportation company is covered by the appropriate type and amount of insurance required by laws and regulations governing the transportation of hazardous waste. The Contractor alone bears the responsibility for determining that the work is accomplished in strict accordance with all applicable federal, state and local laws, regulations, standards, and codes governing special waste, petroleum and hazardous substance encounters and releases. The Contract will list known or suspected areas of contamination . Health and Safety Officer, Monitoring Technician , and Health and Safety Plan shall be required when so stated in the Contract. (a) Health and Safety Officer (HSO). The Contractor shall designate a HSO, not the project superintendent, who shall have at least two years field experience in chemical related health and safety. The HSO shall be either a certified industrial hygienist (CIH ), certified hazardous materials manager (CHMM ), professional engineer (PE) licensed in the State of Colorado, certified safety professional (CSP), or registered environmental manager (REM ) meeting the criteria set forth in 29 CFR 1926. When asbestos is present or is suspected to be present, the HSO shall have additional training and certification in accordance with the Air Quality Control Commission Regulation No. 8 Part B. The HSO shall meet the minimum training and medical surveillance requirements established by the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA) for a supervisory Site Safety Official per 29 CFR 1962.65. The Contractor shall furnish documentation to the Engineer, at the preconstruction conference, that the above requirements have been met. 250.03. The HSO shall be equipped with the following : ( 1 ) Communication equipment as required in subsection 250.03(d)2.A. and a vehicle. (2) Monitoring and detection equipment for flammable gas, oxygen sufficiency, toxic gas, radiological screening and other hazards. This includes, as required , a combustible gas indicator, flame ionization or photo ionization detector, oxygen meter, radiation monitor with Geiger Mueller detector and other foreseeable equipment. (3) Depth gauging equipment, sampling equipment and sampling containers. (4) Personal protective equipment (levels C and D) when required . The HSO shall recommend and supervise those actions which will minimize the risk of hazardous substance related injury to the workers, Department personnel, the general public, property and the environment. Hazardous substance is defined in 29 CFR 1926.32. The HSO shall prepare written procedures for the monitoring of confined space entry and working in or near excavations, including but not limited to trenches and drill holes associated with this project. The HSO shall conduct or supervise all hazardous substance and solid waste related testing, sampling , monitoring and handling for this project to ensure compliance with applicable statutes and regulations, and other applicable environmental requirements under subsections 107.01 and 107.02. BID NO # B1500162 Page 121 January 15, 2015 3 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT The HSO shall be available for consultation and assistance with contaminated materials related testing, sampling , and field monitoring as required by the Engineer. The HSO shall prepare and submit a bound and indexed final site report to the Engineer at the end of the project. This site report shall include a detailed summary of all contaminated materials and contaminated water that were encountered and their final disposition. During each week the HSO is utilized, the HSO shall prepare a daily diary which shall be submitted to the Contractor and the Engineer. This diary shall be submitted at the end of the week and shall become a part of the Department's records. The diary shall contain a chronological log of activities on the project including : dates and times on site, equipment used and calibrations, field monitoring results, visual observations, conversations, directives both given and received, and disposition of suspected hazardous substances. The Engineer will review this submittal and approve the actual number of hours to be paid. (b) Monitoring Technician (MT). The Contractor shall designate a monitoring technician to be responsible for monitoring of hazardous substances during work on the project. The MT shall have a minimum of two years of actual field experience in assessment and remediation of hazardous substances that may be encountered during highway construction projects. The MT shall be experienced in the operation of monitoring devices, identifying substances based upon experience and observation , and field sampling (for testing) of all media that may be found on the site. Completion of the 40 hour hazardous waste and 8 hour supervisory training required by OSHA and U .S. EPA rules and regulations which complies with the accreditation criteria under the provisions of the proposed 29 CFR 1910. 121 is required prior to beginning work. The Contractor shall furnish documentation at the Preconstruction Conference that demonstrates these requirements have been met. The MT shall be equipped with the following : (1 ) Communication equipment as required in subsection 250.03(d)2.A. and a vehicle. (2) Monitoring and detection equipment for flammable gas, oxygen sufficiency, toxic gas, radiological screening and other hazards. This includes, as required , a combustible gas indicator, flame ionization or photo ionization detector, oxygen meter, radiation monitor with Geiger Mueller detector and other foreseeable equipment. (3) Personal protective equipment (levels C and D) when required . The MT shall be present on site and perform monitoring as required by 250.03(d) when work is being performed in areas of suspected contamination and on a predetermined basis throughout other work on the project. The MT shall monitor for compliance with regulations, the project Health and Safety Plan and the Materials Management Plan (if they exist for the project), the Contract, and the environmental documents for the project. The MT shall immediately notify the Contractor, the Engineer and the HSO of any hazardous condition. During each week the MT is utilized, the MT shall prepare a daily monitoring diary which shall be submitted to the Contractor, HSO and the Engineer. This diary shall be submitted at the end of the week and shall become a part of the Department's records. The diary shall contain a chronological log of activities on the project including: dates and times on site, equipment used and calibrations, field monitoring results, visual observations, conversations, directives both given and received , and disposition of suspected hazardous substances. The Engineer will review this submittal and approve the actual number of hours to be paid. BID NO # B1500162 Page 122 January 15, 2015 4 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT (c) Health and Safety Plan (HASP). The HSO shall prepare a written HASP for the project, formatted as shown in Appendix B, Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities, DHHS (NIOSH ) Publication Number 85- 115, available from the Superintendent of Documents, U .S. Government Printing Office. The Contractor and the HSO shall review the environmental documents listed prior to preparation of the HASP. Four signed copies of the HASP shall be furnished to the Engineer for acceptance. The Engineer shall have seven calendar days to review and accept or reject the proposed HASP. Within five calendar days after acceptance, the HSO shall distribute signed and stamped (or sealed) copies of the accepted HASP to each emergency response agency servicing the project area, the HASP designated emergency hospital, and five copies to the Engineer. Earth or demolition work shall not occur until after the HASP is accepted and the HASP has been distributed. The HASP shall also be available to the Contractor's employees, their representatives, and officials of OSHA, EPA, Colorado Department of Public Health and Environment (CDPHE), local government health department, Federal Highway Administration , and other appropriate agencies and officials as may be designated by the Engineer. The Engineer will distribute the accepted HASP to appropriate Department personnel. The HASP shall be kept current and shall be revised by the HSO as warranted by changes in the field conditions. All on-site workers (Contractor's, Department's, Utilities', and others) shall be briefed by the HSO on the contents of the HASP and any revisions thereof. The HSO shall conduct briefings (group or individual) to inform new employees, subcontractors, utility companies and other on-site workers of the HASP contents prior to their entry on site. All personnel involved in excavation or other soil disturbing activities shall receive the required two-hour Asbestos Awareness training by a Certified Asbestos Inspector, when asbestos discoveries are anticipated , or discoveries are made. A signature log of all briefing attendees shall be kept and furnished to the Engineer. The Contractor shall provide, as required , eye wash equipment and stations, emergency showers, hand and face washing facilities and first aid equipment. The Contractor shall provide, as required, decontamination facilities for personnel and equipment employed in the work. The exact procedure for decontamination and frequency shall be included in the accepted HASP. Decontamination facilities shall meet the criteria set forth in the Code of Federal Regulations (29 CFR and 40 CFR). (d) Precautions and Procedures. The following minimum precautions and procedures shall be followed during the construction of the project: 1 . General construction precautions: A. All monitoring and piezometer wells and test borings shall be established or abandoned by the Contractor as regulated by the State Engineer's Office. Copies of all required permits, notification, and abandonment documents shall be submitted to the Engineer prior to payment approval. B. Hazardous substance related activities shall have a work plan for each work phase which shall be coordinated with the Engineer at least three working days prior to commencement of each phase of the work. C. The Contractor shall properly handle all investigation derived waste generated by this project. Documentation shall be submitted to the Engineer of all tests performed for Treatment, Storage and Disposal (TSD) determination ; classification of waste; hauling records; TSD acceptance; manifest (if required); etc. in accordance with applicable laws and regulations. BID NO # B1500162 Page 123 January 15, 2015 5 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT D. When the work may involve air emissions, the Contractor shall contact the Colorado Department of Public Health and Environment (CDPHE), Air Pollution Control Division to ascertain if an air pollution emission notice (APEN) or permit is required for this operation. TheContractor shall be responsible for filing the APEN and obtaining said permit, if required. The processing of air pollution permits, if required, in non-attainment areas or where public hearings are required , likely will take more than 90 days. 2. For construction on a known or potentially contaminated site, the following conditions shall apply, in addition to those listed in subsection 250.03(d)1 : A. The HSO shall be on site or readily available by radio, telephone or pager at all times during the work. When on site, the HSO shall have an operational portable or mobile cellular telephone available for immediate use in areas where such service is available. When on site in cellular telephone non- service areas, the HSO shall have available, for immediate use, radio access to a site with telephone service. The HSO shall be notified at least 24 hours prior to the start of confined space entry, storage tank removal, drilling , excavation , trenching , or dewatering operations. B. The HSO shall designate the onsite monitoring equipment for flammable gases, oxygen deficient or enriched atmosphere, and toxic gases, such as but not limited to, a flame ionization detector, photoionization detector, combustible gas indicator, and oxygen meter. This designated equipment shall be on site during all construction operations and be utilized during trenching , drilling, excavating , confined space entry, underground storage tank removal, and other appropriate construction operations. The exact equipment to fulfill this requirement shall be specified in the accepted HASP. The HSO shall conduct or supervise the monitoring. The monitoring equipment shall be calibrated as recommended by the manufacturer. C. When drilling, trenching , or excavating in the presence of detectable concentrations of explosive gases, the soil shall be wetted and the operating equipment shall be provided with spark proof exhausts. D. The Contractor, through the HSO, is responsible for ensuring that 29 CFR 1926 is fully complied with during the construction of the project. E. Affected excavation operations shall be discontinued and personnel shall be removed from the affected excavation sites where any of the following levels are detected: (1 ) 20.0 percent or more LEL flammable gas, or 10.0 percent in an underground or confined space, (2) Permissible Exposure Limit (PEL) of any toxic gas, (3) 19.5 percent or less oxygen , (4) 25.0 percent or more oxygen, (5) Greater than 2 mrem/hr. (Beta particle & photon radioactivity), (6) Greater than 15 pCi/L (Gross alpha particle activity), or (7) Other action levels as determined by the HSO. (8) Uncovering of suspect Asbestos Containing Material (ACM ), including but not limited to, buried facility components, active or abandoned utility lines, buried foundations and demolition debris, or miscellaneous ACM dispersed in the soil. The Contractor shall follow the procedures outlined in the HASP and 29 CFR 1926 to address these conditions. Work shall resume in these areas when approved by the Engineer. BID NO # B1500162 Page 124 January 15, 2015 7 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT F. Personnel shall be issued and utilize appropriate Health and Safety equipment as determined by the HSO, who shall provide the Engineer with a written explanation of what personal protective equipment (PPE) shall be worn, when , and by which personnel . Except in emergency cases, the Engineer shall be advised by the HSO of changes in the degree of PPE prior to implementation . G. Personnel shall avoid the area immediately downwind of any excavation unless the excavation is monitored and declared safe. H . The operators of excavating, trenching, or drilling equipment shall wear appropriate PPE as required in the HASP. I . Exhaust blowers shall be present at the location where required in the accepted HASP. J . The Contractor shall accomplish the work with employees who have been trained and equipped as required by the HASP and applicable provisions of 29 CFR 1910 and 29 CFR 1926. K. Fire extinguishers, electrical equipment and wiring shall conform to the applicable requirements of 29 CFR 1926 and 49 CFR. L. Smoking shall not be permitted within 50 feet of any excavation. 3. For construction within 1000 feet of a known or potentially contaminated site, the following conditions, in addition to those listed in subsection 250.03(d) 1 . shall apply: A. The areas under construction shall be checked with a combustible gas indicator before excavation begins to determine if flammable or combustible gas is in the area. B. Excavations, trenches and drill holes shall be monitored by the HSO for flammable gas, toxic gas and oxygen deficiency or enrichment. This shall be carried out continuously unless the presence of flammable, combustible or toxic gas, or oxygen deficiency or enrichment in the area can be ruled out by the HSO. The recommendation to discontinue monitoring must be agreed to by the Engineer and the Contractor. Prior to implementation, this agreement shall be written, and shall contain specific conditions that will require re-evaluation of the area. C. When flammable or toxic gas is found in the area, those precautions and procedures in subsection 250.03(d)2 shall apply. 4. The following procedures shall be followed if the level of contamination as documented in the environmental documents referenced in subsection 102.05 as revised for this project is exceeded, or if previously unidentified contaminated air, soil or water, is encountered during the construction of the project: A. Work in the immediate area of the release or discovery of contamination shall cease. The Engineer shall be immediately notified . B. If no HSO is required by the Contract, the Contractor shall designate an HSO as directed , in accordance with subsection 250.03(a). BID NO # B1500162 Page 125 January 15, 2015 8 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT C. The Engineer may direct the HSO to evaluate the material for potential hazardous substance or other contamination or unsafe conditions. This evaluation may include, but is not limited to, on site field monitoring , on site testing , and on or off site laboratory analysis. Removal of storage tanks and surrounding contaminated soils shall be in accordance with applicable laws, regulations and established procedures. If the contaminated material cannot be placed in the embankment or remediated on site, it must be removed to an appropriate TSD facility, as designated in writing by the Engineer. The HSO shall supervise the necessary testing required to make appropriate TSD determinations. Disposal of the unsuitable material shall be considered as remediation work as described in subsection 250.03(d)4. D and 250.03(d)4. E. D. If this site is determined to be contaminated with petroleum products, hazardous substances or other solid waste in excess of that indicated in the above listed site investigation documents, a thorough Site Investigation and Waste Management Plan shall be accomplished under the supervision of the HSO The Site Investigation and Waste Management Plan shall be submitted to the Engineer for approval and shall determine the extent of contamination and propose at least three types of remedial action for the contaminated area as required by applicable statutes and regulations. The HSO shall be available to assist the Engineer in explaining this study to the regulatory agencies. When requested by the Engineer, the Contractor shall prepare a Remediation Plan based on the selected remedial method , and shall submit this to the Engineer for approval. The time required for the Engineer's review of the Remediation Plan, including all necessary drawings, calculations, specifications, and other documentation will not exceed four weeks after a complete submittal is received . This work shall not be done unless authorized in writing by the Engineer. E. If the site is determined to be contaminated with petroleum products; hazardous chemicals, materials, or wastes; or other solid wastes, and is required to be remediated, the HSO or other qualified individuals will supervise the Remediation Plan implementation as concurred to by the regulatory agencies, as directed. Hazardous Waste generated by remedial activities shall list the Colorado Department of Transportation as the hazardous waste generator on the required paperwork for projects on State Highways and their associated frontage roads. If this project is not on a State Highway or frontage road , then the appropriate local governmental entity having jurisdiction over the transportation system facility shall be listed as the hazardous waste generator. If the waste disturbed or produced was caused by Contractor negligence, the Contractor shall be listed as the hazardous waste generator. Remediation work shall be done only when authorized by the Engineer in writing. 250.04 Heavy Metal Based Paint Management. When the work includes the removal of paint or items covered with paint which may contain lead , chromium or other heavy metals, the requirements of this subsection shall apply in addition to the requirements of subsection 250.03. The requirements of the HASP shall be in accordance with OSHA Publication Number 3142, Working with Lead in the Construction Industry. Paint Removal and Waste Disposal work shall be performed in accordance with 29 CFR 1926.62, State and local air quality regulations, the Steel Structures Painting Council (SSPC) Guide for Containing Debris Generated During Paint Removal Operations, the Industrial Lead Paint Removal Handbook (SSPC 91 - 18), and the references contained therein . The following minimum precautions and procedures shall be followed unless modified in the approved HASP or its updates: BID NO # B1500162 Page 126 January 15, 2015 9 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT (a) The Contractor shall contact the CDPHE, Air Pollution Control Division to ascertain if an air pollution permit is required for the cleaning or demolition work. If an air pollution permit is required, the Contractor shall obtain the permit. The Contractor shall furnish the Engineer with a copy of the permit application and the permit issued prior to starting cleaning or demolition activities. A copy of the Air Pollution Emission Notice [APEN] shall be provided to the Engineer, if such notice is required under the Colorado Air Quality Control Commission's regulations. The processing of air pollution permits in non-attainment areas, or where public hearings are required , likely will take more than 90 days. (b) The Contractor shall contain paint chips, corrosion residues, and spent abrasives, herein referred to as waste materials, resulting from the cleaning or demolition operations. The Contractor shall not deposit or release waste material into the water, air or onto the ground below or adjacent to the structure. The Contractor shall conduct cleaning operations to minimize the waste materials produced. Prior to beginning the work, the Contractor shall submit to the Engineer for acceptance, a detailed methods statement for capturing, testing , and disposing of the removed materials. The Engineer will have seven calendar days to review, and accept or reject this methods statement. (c) Abrasives utilized for blast cleaning shall be low-dusting and low waste. Unless approved otherwise, vacuum blasting or wheel blasting shall be used . (d ) The HSO shall sample and test the waste material for lead , chromium , and other paint associated heavy metals using the Toxicity Characteristic Leaching Procedure (TCLP) Test, Method 1311 of the EPA publication , Test Methods for Evaluating Solid Waste 846. Sample collection methodology and frequency shall be recommended by the HSO and accepted by the Engineer with an adequate number of samples taken to be representative of all waste material collected. If the waste material does not pass the TCLP test, it shall be disposed of in a permitted TSD facility as designated in writing by the Engineer. The waste materials handling decision shall be documented by a report (five copies) submitted to the Engineer. This documentation shall include a description of sample collection methodology, testing performed, test results and comparison of test results with hazardous waste requirements. The waste material shall not be held at an unpermitted TSD facility site in excess of Resource Conservation and Recovery Act (RCRA) temporary storage time limits. (e) When an item coated with paint is removed, all loose paint shall be removed and collected from the item within 24 hours of the time it is removed or placed onto the ground. All loose paint shall be removed and collected from a painted item before it is removed from the site. The Contractor shall contain loose paint until it is removed and collected . Loose paint is defined as that which can be removed by manual scraping methods. Over waterways, the Contractor shall capture all paint debris by the method specified in the methods statement. The paint debris shall be collected on a daily basis and shall be stored in a properly labeled , tightly sealed container and placed in a secured location at the end of each working day. (f) All painted steel components which are not designated to be salvaged shall be recycled . Contractor possession of the steel for future use shall be considered a form of recycling. Prior to transport of the components off-site, the Contractor shall obtain a letter from the recipients of the painted steel components stating that they have been fully informed of the contents of the paint and are capable of handling the paint. If the Contractor is to maintain future possession of the steel, the Contractor shall supply this letter. If there will be more than one recipient of the painted material, one letter shall be obtained from each recipient. The Contractor shall provide a copy of each letter to the Engineer. If the painted steel components will be recycled by melting, the letter from the recipient is not required . The Contractor shall submit a letter stating the destination of the painted steel components and that they will be melted . BID NO # B1500162 Page 127 January 15, 2015 10 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT (g) When the work consists of the removal of a bridge or components of a bridge coated with paint which has been assumed to contain lead, chromium , other heavy metals, or a combination thereof the Contractor shall capture paint debris which is dislodged during removal operations. The Contractor may choose any method for dismantling the bridge, subject to the following required construction sequence limitations: (1 ) The concrete deck shall be removed prior to removal of the steel superstructure. (2) If the methods statement indicates that girders will be dropped to the ground during dismantling , all debris from the concrete deck removal operation shall be removed from the area below the bridge before any girders are dropped into this area. (3) Girders may be cut and dropped only if the span is located entirely over land . 250.05 Material Handling. This work consists of the additional handling of groundwater and soils to be excavated for construction of the project which are suspected or known to be contaminated. This work also includes stockpiling or containerization , analytical sampling and testing, and final disposition of contaminated groundwater and soils requiring special handling . The Contractor shall maintain vertical trench walls for the work in the specified areas of known or potential contamination , as shown on the plans. Shoring may be necessary to meet this requirement. The Contractor shall confine the removal of contaminated groundwater and soils encountered as a result of the excavation activities in the specified areas to the vertical and horizontal limits of structure excavation specified in the Contract. The Contractor shall be responsible for any contaminated materials generated beyond the limits of excavation . This shall include any sampling , analysis, and disposal required, and the costs thereof. The Contractor shall be listed as the generator of any such material. The limits of excavation shall be determined as 18 inches outside of structures, including sewers, water lines, inlets, manholes, and other underground structures to be constructed, or as directed. Specific areas of known or potential contamination have been identified in the project plans. There is the potential of encountering contaminated groundwater and soil, which has not been summarized in the plans or specifications, at unknown locations on the site. Suspected contaminated soil and groundwater shall be handled by one of three methods as follows: (a) Materials Handling £Stockpile& Containerization). When recommended by the HSO and authorized by the Engineer, material shall be stockpiled or containerized for analysis and characterization for proper handling and , disposal, or both . Sampling and testing of materials shall be as described in the Contract. If analysis indicates that soil samples are designated as uncontaminated, as determined by the criteria shown in the Contract or as determined by the CDPHE, the associated soils will not require any special handling and will become the property of the Contractor and may be used on site, subject to other requirements of the Contract. Health and safety monitoring and strict fugitive dust control shall be conducted during the placement of these soils. If analysis indicates that groundwater samples are designated as uncontaminated , as determined by the criteria shown in the Contract or as determined by the CDPHE, the groundwater shall be handled in accordance with subsection 107.25. Stockpiled and containerized materials shall be secured in compliance with the following provisions until they are determined to be uncontaminated : 1 . The Contractor shall not store the material for more than 90 days. 2. The Contractor shall prevent any runoff from infiltrating the ground or running out of the containment area. 3 . Soils and groundwater containing different contaminants shall be placed in separate containers or stockpiles. BID NO # B1500162 Page 128 January 15, 2015 11 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT 4. The Contractor shall prevent the dispersion of materials or the dilution or mixing of containers and stockpiles. 5. The ground surface on which the contaminated soils will be placed shall be covered with plastic sheeting which will withstand the placement and removal of stockpiled materials without breaching . 6. The ground surface shall be graded to drain toward the edge of the soil piles and the berm or trench around them shall be covered by plastic sheeting . 7. Proper security shall be provided in accordance with 40 CFR. (b) Solid Waste Disposal. Soils determined to be contaminated, but not hazardous, as established by criteria in the Contract or as determined by CDPHE or other regulatory agencies having jurisdiction, shall be handled and disposed of, or both as recommended by the HSO and approved by the Engineer. The Contractor shall haul this material to a solid waste disposal facility. (c) Contaminated Groundwater Disposal. Groundwater determined to be contaminated , but not hazardous, as established by criteria in the Contract or as determined by CDPHE or other regulatory agencies having jurisdiction, shall be handled and disposed of, or both as recommended by the HSO and approved by the Engineer. The Contractor shall prepare a dewatering plan proposing at least three types of treatment and/or disposal options of contaminated groundwater as required by applicable statutes and regulations. One of the treatment options shall include permitting and onsite treatment prior to discharge or disposal. The dewatering plan shall be submitted to the Engineer for approval four weeks before dewatering activities begin . (d) Hazardous Waste Disposal. Soils and groundwater that are designated or suspected to be hazardous shall be containerized immediately upon excavation or upon discovery. Hazardous material shall be labeled and transported to a permitted treatment, storage and disposal (TSD) facility or to a hazardous waste disposal facility approved by the Engineer. (e) Additional Requirements. Stockpiled or containerized material characterized as uncontaminated , contaminated or hazardous shall be stored and disposed of in a manner consistent with current established federal, state, and local regulations for waste materials. Materials with contaminants not specifically regulated shall be disposed of by the Contractor as directed, in consultation with CDPHE. All areas where wastes are generated shall be reviewed by the HSO to identify potential contaminant sources that may result in a contaminated waste stream . Contaminated groundwater and soils, which have been identified as solid waste or hazardous waste, requiring disposal according to federal, state, and local regulations, shall be transported in accordance with 49 CFR by the Contractor to an appropriately permitted treatment facility, landfill, incinerator or asphalt plant or other facility approved to accept the waste. CDPHE and the landfill or other treatment or disposal facility shall be notified by the HSO of the material to be disposed of and the corresponding analytical test results prior to shipment. Potentially contaminated water collected from the lined trench of a stockpile shall be treated as required by Colorado Wastewater Discharge Permit System (CDPS) permits, 29 CFR and 40 CFR and reimbursed separately in accordance with Contract requirements. 250.06 Sample delivery. This work consists of the collection , containerization and delivery of material samples for analysis to the testing facility designated in the Contract. Environmental Protection Agency (EPA) protocol and standards shall be followed in the collection, containerization and transport of samples to be analyzed, including the documentation of the proper chain of custody of all samples. The Contractor shall collect sufficient sample material to perform the required analysis and is responsible for ensuring that appropriate climate control has been provided for sample transport. Sample delivery shall be made within the maximum allowable holding time for each sample type, not to exceed 24 hours, excluding BID NO # B1500162 Page 129 January 15, 2015 12 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT weekends. The time period required for sample collection and delivery to the testing facility will not be considered an excusable delay. The analysis to be completed and turnaround time shall be approved by the Engineer. The Contractor shall provide the Engineer with a copy of documentation indicating that proper chain of custody requirements have been followed for all samples. Quality control samples shall be provided by the Contractor in accordance with the quality control requirements of the testing facility designated in the Contract (quality control requirements are available from the Engineer). The Contractor shall prepare, label and transport these samples to the testing facility in conjunction with the delivery of other samples authorized for analysis by the Engineer, at no additional cost. The Engineer may request splits of samples, in advance of collection, which shall be provided at no additional cost by the Contractor. 250.07 Asbestos-Containing Material Management. Environmental documents or plans listed in the special provisions should include known or suspected locations that could involve encounters with ACM during excavation and other soil disturbing construction activities. Unexpected discoveries of ACM may be made during excavation and soil disturbing construction activities. Asbestos contaminated soil, shall be properly managed or remediated , in accordance with subsection 250.07(a). All asbestos related activities shall be performed by Colorado certified asbestos professionals, contractors, or consultants. Certifications are issued by the Colorado Department of Public Health and Environment (CDPHE), Indoor Air Quality Unit. A Colorado Certified Asbestos professional shall manage the management and disposal of asbestos contaminated soil and other ACM . The Indoor Air Quality Unit within CDPHE is the only unit that certifies such professionals. The Contactor shall furnish a copy of the license to the Engineer. (a) Regulatory Compliance. Asbestos contaminated soil management is governed by 6 CCR 1007-2, Section 5, which includes and references regulatory compliance with Asbestos Hazard Emergency Response Act (AHERA) Colorado Regulation 8; Inspection and reporting protocol and demolition standards are governed by AHERA; Demolition and notification standards are governed by National Emission Standards for Hazardous Air Pollutants (NESHAPS); Colorado Regulation 8 governs all asbestos activities, demolition , permitting, and certification of Certified Asbestos Professionals in the State of Colorado. Colorado Regulation 8 is more stringent than AHERA and NESHAPS and supersedes federal regulations. Conflicting regulatory requirements between AHERA and NESHAPS, if not specifically addressed in Colorado Regulation 8, shall be addressed and approved protocol negotiated with CDPHE. The Contractor shall conform to all current regulations, policy directives, or both, issued by the EPA, CDPHE, and the Department. (b) Asbestos Management and Visual Inspections Asbestos management must be performed by a certified asbestos professional. Final Inspections of the area of asbestos contaminated soil removal shall be performed by an Asbestos Consultant to determine what, if any, controls must be instituted to allow future activity in the excavation area. All final visual inspections shall be conducted only when soil is dry. (c) Permitting and Notification. The CDPHE requires notification of any soil disturbing activity where asbestos is known , suspected, or discovered . A 24-hour notification to CDPHE is required prior to any soil disturbing activity of an unplanned asbestos discovery. A 10 working day notification to CDPHE is required prior to any soil disturbing activity in an area with known or potential material suspected of containing asbestos in or on the soil or asbestos-contaminated soil. Removal of asbestos-containing material on a facility component, that is located on or in soil that will be disturbed , with asbestos quantities above the following trigger levels must be permitted and abated in accordance with the requirements of Air Quality Control Commission Regulation No. 8 (5 CCR 1001 -10, Part B): ( 1 ) 260 linear feet on pipes, (2) 160 square feet on other surfaces, or (3) The volume of a 55-gallon drum . BID NO # B1500162 Page 130 January 15, 2015 13 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT All permit applications shall be submitted to the Colorado Department of Public Health and Environment a minimum of 10 days prior to start of work for approval. The permit application and notification shall be submitted simultaneously. The Contractor shall obtain all required State and local permits and shall be responsible for all associated fees. Permit application , notification , and waiver request forms shall be submitted to: Colorado Department of Public Health and Environment Permit Coordinator/APCD - SS - B1 4300 Cherry Creek Drive South Denver, CO 80246- 1530 Phone: (303) 692-3100 Fax: (303) 782-0278 Application and waiver forms are available on the CDPHE website: asbestos@state.co.us (d) CDOT's Asbestos-Contaminated Soil Management Standard Operating Procedure, dated August 22, 2011. Asbestos contaminated soil shall be managed in accordance with 6 CCR 1007-2, Section 5, Asbestos Waste Management Regulations. Regulations apply only upon discovery of asbestos materials during excavation and soil disturbing activities on construction projects, or when asbestos encounters are expected during construction . The contractor shall comply with procedures detailed in the CDPHE's Asbestos-Contaminated Soil Guidance Document and CDOT's approved Asbestos-Contaminated Soil Management Standard Operating Procedure, dated August 22, 2011, including the following minimum requirements: ( 1 ) Immediate actions and implementation of interim controls to prevent visible emissions, exposure, and asbestos contamination in surrounding areas. (2) Soil Characterization . (3) Training required for all personnel involved in excavation and other soil disturbing activities, once asbestos is encountered during construction or on projects where asbestos encounters are expected. Asbestos Awareness Training shall be given by a qualified and certified Asbestos Building Inspector with a minimum of six months experience inspecting asbestos contaminated soil. (4) Assessment for the presence and extent, within the proposed area of disturbance, of asbestos discoveries, whether expected or unexpected , by a Certified Asbestos Inspector. (5) Investigation and sampling required for risk assessment and management. Investigation , if required, shall be conducted by a Certified Asbestos Inspector. (6) Risk assessment and determinations for further management or abatement. (i) Risk assessment and determinations must be made by a Certified Asbestos Inspector, and coordinated with the Engineer. (ii) Soil remediation is not necessarily required, depending on the circumstances. (7) Submit 24-hour Notification of Unplanned Asbestos Discovery. (8) Submit 10-day Notification of Planned Asbestos Management. (9) Submit 24-hour Notification of Unplanned Asbestos Discovery. (10) Submit 10-day Notification of Planned Asbestos Management. (e) Risk Assessment and Determinations for Further Management Or Remediation. Risk assessment and determinations for further management or remediation must be closely coordinated with the Project Engineer and Project Manager of the Statewide Management Plan. 250.08 Methamphetamine Lab Sites. Demolition of former Methamphetamine (meth) labs is enforced by the Governing Authority, which varies from county to county. The Contractor shall demolish all buildings that are identified as former meth labs, as listed in public listings by the Governing Authority. The Contractor shall provide BID NO # B1500162 Page 131 January 15, 2015 14 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT evidence of demolition to the Governing Authority, obtain receipt of such evidence by the Governing Authority, and shall submit these to Engineer immediately following demolition . Septic tank removal at known meth lab sites shall undergo preliminary assessment by an Industrial Hygienist or Certified Industrial Hygienist to determine proper removal and disposal. Work shall proceed in accordance with the recommendations of the Hygienist. METHOD OF MEASUREMENT 250.09 Environmental Health and Safety Management will not be measured , but will be paid for on a lump sum basis. This will include all work, materials, and hourly time charges by the HSO and other personnel required to accomplish the following: ( 1 ) Preparation, submittal and briefing of the initial HASP (2) Preparation and submittal of the Waste Management Plan (3) Preparation and Submittal of the Dewatering Plan (4) Preparation and Submittal of the Remediation Plan (5) Procedures and equipment specified in subsections 250.03 - 250.07 (6) PPE (levels C and D) for Contractor's personnel for any contamination identified in the preconstruction investigations (7) Preparation and submittal of the final site report The quantity to be measured for Health and Safety Officer will be the total number of hours that the Health and Safety Officer is actually used , as authorized , for the following work: a. Field monitoring necessary to ensure the safety of workers on the site; b. Hours in excess of the items listed under Environmental Health and Safety Management; c. Hours that are necessary due to unforeseen site conditions; and d . Hours of additional consultation or field work that is requested by the Engineer. Equipment specified in subsection 250.03(a), preparation and submittal of the daily HSO diary, travel to and from the project site, and PPE (Levels C and D) required for use by the HSO will not be measured and paid for separately, but shall be included in the hourly cost of the HSO. The quantity to be measured for Monitoring Technician will be the total number of hours that Monitoring Technician is actually used as authorized. Equipment specified in subsection 250.03(b), supervision of the MT, preparation and submittal of the daily monitoring diary, travel to and from the project site, and PPE required for use by the MT (Levels C & D) will not be measured and paid for separately, but shall be included in the hourly cost of the MT. Solid stockpiled materials will be measured by the cubic yard computed from cross sections by the average end area or other requirements acceptable method . Disposal of solid waste and solid hazardous waste materials will be measured by the cubic yard in the disposal container. Materials Sampling and Delivery will be measured by the actual number of samples collected , containerized and transported to the testing facility indicated in the Contract. Additional environmental health and safety management work required and authorized by the Engineer, but not included in the items listed above, will be considered extra work to be paid for in accordance with subsection 109.04, unless such work is caused by the Contractor's action. BID NO # B1500162 Page 132 January 15, 2015 15 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT BASIS OF PAYMENT 250.10 Partial payment for Environmental Health and Safety Management, as determined by the Engineer, will be made as the work progresses. The Contractor shall submit a schedule of environmental related Health and Safety Management work before the first partial payment is made. The schedule shall indicate the environmental related Health and Safety Management time for each work item that requires Contractor environmental related Health and Safety Management effort and the total time for the project. The accepted quantity for Health and Safety Officer will be the number of hours actually used and approved for payment by the Engineer and will be paid for at the contract unit bid price. The accepted quantity for Monitoring Technician will be the number of hours of onsite monitoring as approved by the Engineer and will be paid at the Contract unit price. Environmental Health and Safety Management, Health and Safety Officer and Monitoring Technician bid items shall include vehicles, phone charges, supplies, printing , postage, office support, and all other miscellaneous costs associated with the work. Payment for Groundwater Handling (Containerization & Analysis) will be paid for in accordance with subsection 109.04. Payment for Soil Handling (Stockpile) will be made at the contract unit price for all excavated material required to be stockpiled for analysis. The contract unit price will be full compensation for furnishing all materials, labor, equipment and incidentals necessary to complete this work, and all handling of the material prior to disposal . This includes haul, stockpile, and security. Payment for this work will be in addition to any payment made under other bid items for excavation, embankment or backfill on the project, or waste disposal of this material. Payment for Solid Waste Disposal and Solid Hazardous Waste Disposal will be made at the appropriate contract unit price for the disposal of material determined to be either solid waste or solid hazardous waste. The contract unit prices will be full compensation for furnishing all materials, labor, equipment, tools, storage containers for transport, containerization of material for up to 60 days, and incidentals necessary to complete this work. This includes all handling of the material , loading for disposal, unloading for disposal, and borrow material required for replacement of excavated material disposed of offsite. It does not include stockpiling or containerization required for analysis which is included in the item Materials Handling (Stockpile & Containerization) paid for as described above. Payment for waste disposal fees and transport of hazardous waste will be made as shown below. Payment for this work will be in addition to any payment made under other bid items for excavation , embankment, backfill or material handling (stockpile & containerization) on the project. (1 ) Solid Waste. Transport costs to the disposal facility and disposal fees will be included in the contract unit price for this work. (2) Solid Hazardous Waste. Transport, Disposal and /or Treatment costs will be paid for by planned force account in accordance with subsection 109.04. (3) Liquid Hazardous Waste. Transport, Disposal and /or Treatment costs will paid for by planned force account in accordance with subsection 109.04. The cost of shoring required to limit the removal of contaminated materials to the specified limits shall be included in the bid unit prices for any excavation to be performed. Such shoring ordered by the Engineer in areas other than the specified areas of known or potential contamination , as shown in the plans, will be paid for in accordance with subsection 109.04. BID NO # B1500162 Page 133 January 15, 2015 16 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT Payment for Materials Sampling and Delivery will be made at the contract unit price for each material sample collected , containerized and transported to the laboratory testing facility as designated in the Contract. The Contract unit price will be full compensation for furnishing all materials, labor, equipment, tools and incidentals necessary to complete this work including required sampling kits, containers, sample splits and quality control samples. The Contractor shall be responsible for damage caused by Contractor negligence to the environment, persons, or property. Expenditures associated with actions of the Contractor shall be borne by the Contractor at no cost to the project. Contaminated groundwater containerized, treated or disposed under the requirements of this specification will be paid for by planned force account in accordance with subsection 109.04. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Pay Item Pay Unit Environmental Health and Safety Management Lump Sum Health and Safety Officer Hour Monitoring Technician Hour Materials Sampling and Delivery Each Materials Handling (Stockpile) Cubic Yard Solid Waste Disposal Cubic Yard BID NO # B1500162 Page 134 February 17, 2012 1 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised for this project as follows: In subsection 630.16 delete the fifth paragraph. BID NO # B1500162 Page 135 U .S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO DATE 01 -09- 15 HIGHWAY CONSTRUCTION , GENERAL DECISION NUMBER - CO150024 General Decision No. CO150024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod FENCE ERECTOR: 1714 Weld 17.46 3.47 GUARDRAIL INSTALLER: 1715 Larimer, Weld 12.89 3.39 HIGHWAY/PARKING LOT STRIPING : Painter 1716 Larimer 14.79 3.98 1717 Mesa 14.75 3.21 1718 Weld 14.66 3.21 IRONWORKER: Reinforcing (Excludes Guardrail Installation) 1719 Larimer, Weld 16.69 5.45 Structural (Excludes Guardrail Installation) 1720 Larimer, Weld 18.22 6.01 LABORER: Asphalt Raker 1721 Larimer 18.66 4.66 1722 Weld 16.72 4.25 1723 Asphalt Shoveler 21 .21 4.25 1724 Asphalt Spreader 18.58 4.65 1725 Common or General 16.29 4.25 1726 Concrete Saw (Hand Held) 16.29 6. 14 1727 Landscape and Irrigation 12.26 3. 16 1728 Mason Tender - Cement/Concrete 16.29 4.25 Pipelayer 1729 Larimer 17.27 3.83 1730 Mesa, Weld 16.23 3.36 1731 Traffic Control (Flagger) 9.55 3.05 BID NO # B1500162 Page 136 U .S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO DATE 01 -09- 15 HIGHWAY CONSTRUCTION , GENERAL DECISION NUMBER - CO150024 General Decision No. CO150024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod LABORER (con t): Traffic Control (Sets Up/Moves Barrels, Cones, Installs signs, Arrow Boards and Place Stationary Flags), (Excludes Flaggers) 1732 Larimer, Weld 12.43 3.22 1733 PAINTER (Spray Only) 16.99 2.87 POWER EQUIPMENT OPERATOR: Asphalt Laydown 1734 Larimer 26.75 5.39 1735 Mesa, Weld 23.93 7.72 1736 Asphalt Paver 21 .50 3.50 Asphalt Roller 1737 Larimer 23.57 3.50 1738 Mesa 24.25 3.50 1739 Weld 27.23 3.50 Asphalt Spreader 1740 Larimer 25.88 6.80 1741 Mesa, Weld 23.66 7.36 Backhoe/Trackhoe 1742 Larimer 21 .46 4.85 1743 Mesa 19.81 6.34 1744 Weld 20.98 6.33 Bobcat/Skid Loader 1745 Larimer 17. 13 4.46 1746 Mesa, Weld 15.37 4.28 1747 Boom 22.67 8.72 Broom/Sweeper 1748 Larimer 23.55 6.20 1749 Mesa 23.38 6.58 1750 Weld 23.23 6.89 BID NO # B1500162 Page 137 U .S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO DATE 01 -09- 15 HIGHWAY CONSTRUCTION , GENERAL DECISION NUMBER - CO150024 General Decision No. CO150024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Basic Hourly Last Code Classification Rate Fringe Benefits Mod POWER EQUIPMENT OPERATOR (cont): Bulldozer 1751 Larimer, Weld 22.05 6.23 1752 Mesa 22.67 8.72 1753 Crane 26.75 6. 16 Drill 1754 Larimer, Weld 31 .39 0.00 1755 Mesa 35.06 0.00 1756 Forklift 15.91 4.68 Grader/Blade 1757 Larimer 24.82 5.75 1758 Mesa 23.42 9.22 1759 Weld 24.53 6. 15 1760 Guardrail/Post Driver 16.07 4.41 1761 Loader (Front End) 1762 Larimer 20.45 3.50 1763 Mesa 22.44 9.22 1764 Weld 23.92 6.67 Mechanic 1765 Larimer 27.68 4.57 1766 Mesa 25.50 5.38 1767 Weld 24.67 5.68 Oiler 1768 Larimer 24. 16 8.35 1769 Mesa 23.93 9.22 Roller/Compactor (Dirt and Grade Compaction) 1770 Larimer 23.67 8.22 1771 Mesa, Weld 21 .33 6.99 BID NO # B1500162 Page 138 U .S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO DATE 01 -09- 15 HIGHWAY CONSTRUCTION , GENERAL DECISION NUMBER - CO150024 General Decision No. CO150024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod POWER EQUIPMENT OPERATOR (con t.): Rotomill 1772 Larimer 18.59 4.41 1773 Weld 16.22 4.41 Scraper 1774 Larimer 21 .33 3.50 1775 Mesa 24.06 4. 13 1776 Weld 30. 14 1 .40 Screed 1777 Larimer 27.20 5.52 1778 Mesa 27.24 5.04 1779 Weld 27.95 3.50 1780 Tractor 13. 13 2.95 TRAFFIC SIGNALIZATION : Groundsman 1781 Larimer 11 .44 2.84 1782 Mesa 16.00 5.85 1783 Weld 16.93 3.58 TRUCK DRIVER: Distributor 1784 Larimer 19.28 4.89 1785 Mesa 19. 17 4.84 1786 Weld 20.61 5.27 Dump Truck 1787 Larimer 18.86 3.50 1788 Mesa 15.27 4.28 1789 Weld 15.27 5.27 BID NO # B1500162 Page 139 U .S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO DATE 01 -09- 15 HIGHWAY CONSTRUCTION , GENERAL DECISION NUMBER - CO150024 General Decision No. CO150024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Basic Hourly Last Code Classification Rate Fringe Benefits Mod TRUCK DRIVER (con t.): Lowboy Truck 1790 Larimer 18.96 5.30 1791 Mesa, Weld 18.84 5. 17 1792 Mechanic 26.48 3.50 Multi-Purpose Specialty & Hoisting Truck 1793 Larimer, Mesa 16.65 5.46 1794 Weld 16.87 5.56 1795 Pickup and Pilot Car 13.93 3.68 1796 Semi/Trailer Truck 18.39 4. 13 1797 Truck Mounted Attenuator 12.43 3.22 Water Truck 1798 Larimer 19. 14 4.99 1799 Mesa 15.96 5.27 1800 Weld 19.28 5.04 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1 )(ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. BID NO # B1500162 Page 140 U .S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO DATE 01 -09- 15 HIGHWAY CONSTRUCTION , GENERAL DECISION NUMBER - CO150024 WAGE DETERMINATION APPEALS PROCESS 1 . ) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program . If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3. ) should be followed . With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U .S. Department of Labor 200 Constitution Avenue, N .W . Washington , DC 20210 2. ) If the answer to the question in 1 . ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1 .8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U .S. Department of Labor 200 Constitution Avenue, N .W . Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description , area practice material, etc.) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U .S. Department of Labor 200 Constitution Avenue, N .W . Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION NO. CO150024 BID NO # B1500162 Page 141 -INDEX OF SHEETS- W E L D COUNTY SHEET DESCRIPTION 1 COVER SHEET 2 GENERAL NOTES 2014 FLOOD REPAIR PROJECTS ST. VRAIN RIVER PROJECTS EM-BR 19.5-36A SEPTEMBER 11, 2014 - t,uHO44U lit a .W "" o 7to . 1, sl vice Rd 4 a Wegcrlwhecl Rd \ --k1a L Co Fiat c a 4o a, 8 ROADWAY EMBANKMENT PROTECTION 1 La P N co Iitl !r '` 9 ROADWAY EMBANKMENT PROTECTION 2 i f— d 87 10 ROADWAY FMBANKMFNT PROTECTION 3 w County Line fd ;-- . Q I-1IIIIIISk EM-BR 19 . 5-36A Isle Resell*+ m • 12 TYPICAL ROADWAY SECTION & TRM DETAILS x N'at - ,, .4p :© Whim m s - ROADWAY 13 TRM DETAILS N Frv°°' , EM-BR 34-17A 3 • vrlrm>rtomeAd ® 10 t Mountain �„ • Cc Rd 33 3/4 ' Co Rd 34 1/2 ri z Y�'nantd� Rd Woodland Rd ?87 cm ©• - - Mfact = La 446i. 18 - a • 1440 19 ROADWAY REPAIR PLAN 1 z • 440. EM- BR 34-17A co n Adam: Ave © 20 ROADWAY REPAIR PLAN 2 ROADWAYp;atteviile CC • rn D ° aT 21 ROADWAY REPAIR PLAN 3 •♦ n 1.C A5 E3 et - , Fe) C 0 m C l� n 24 ROADWAY REPAIR TYPICAL SECTIONS 1 d `n a' Blrre m, 131d t.:e Q m �� 1 ' 25 ROADWAY REPAIR TYPICAL SECTIONS 2 4 ka 7tsI A c W 2 . -4 . toa. aDt) f il t._ 26 TRM DETAILS d k, Hygiene- tTlh Ave 'ici1 v ? £ 17th Ave. ' 3 28 n --1 fix* — t=: 5 �� •k, S•b• u, �iil a; to tlnien Reservoir - 17 4 •. r ,' _ Sr Vi • ' W9IhAve EGthMe El . r Q Ri �� Sl i It I S Z ? "# T' Longmont E ate A St Vrarn State Park _ N 0. s!■ n y - t. u n nova Rd ` 4 11 - • IllJet5 Rd (119) (119) 5 FiIr.tcuie Blvd i w u� 1", 2S NJ `- N LL n F 1 in 1 19 3 CD IIIIIIIIS4 i 1 E 0 oua4Rd a E ` n Lagerman Reservoir = Pike Rcl CD 9 Y U III Primp t its a G W Zp Ea z Pt o."Hi nd :7 1-1.1Rolla Rosa Pkwy 12O C:3 ► 131 o 85 _7 .` 119• V 14 ( 0Rd1811 > �S,addG:back C3ol! Club ela fa thto �- �' a El18 r ie- LA Q ' ': + 2 I-irestone -IIIIIISIIHEI0. i Q 75 g \, a - • At J TRAFFIC CONTROL -- _ Nlwat Ni-net Rd Newel Ra c,O 16 rip pk Pkvr = * 42 TYPICAL-TRAFFIC CONTROL PLAN 1 f Frederick q zs n e i A . i l 9 PAn ar 8 0, z Monarch Rd :/tturnber © s 1athS1 EROSION CONTROL DETAILS IflORTl1 s7 a • l! 1 J a. 52 I® '�i1 s2 14 45 EROSION LOG APPLICATIONS 1 S — Z F;,:1 . pn;r in U VICINITY MAP 47 EROSION LOGAPPLICATIONS2 L N.T.S. co w 5C SEED MIX w 0 Computer File Information WELD COUNTY WELD COUNTY 2014 FLOOD REPAIR PROJECT Project No./Code LL Creation Date: AUGUST 2014 Initials: CR '�� COVER SHEET g Last Modified Dab: 2014-09 11 Initials: J h'1 `8b;'s - , .. _ PUBLIC WORK111 H.SDEPAARTMENr } FtJ Path: P:5P1140D3WEL\DWG\FINAL SHEET SET • `' r %' TREET P.O.BOX 758 Designer. CR in V , E GREEY.(CgO. 80832-0758 t Drawing Ale Name: 01-VICINITY MAP d _—'`L N F/Cr: :(L7709)3036444996Detailer- JM Mao Station Ver: V81 SIB AS NOTED Units: EngWWtl Sheet Subset Subset Sheets: Sheet Number 1 of 50 GENERAL NOTES: UTILITY NOTES: PROJECT NOTES 1 . All construction shall be in accordance the latest editions of the Colorado Department 1 . Contractor shall field verify all utilities and coordinate with utility owners 1 . Driveways shall be restored to match existing conditions. The Contractor of Transportation's Standard Specifications for Road and Bridge Construction and prior to starting construction. Contractor shall be responsible for shall coordinate with the County prior to replacing the driveways. The Weld County's Standards and Specifications. In case of discrepancies the more protecting utilities during construction. Contractor shall contact the County to obtain instructions for replacing and restrictive criteria shall apply, unless otherwise approved by the Engineer. 2. Contractor shall pothole utilities, at the direction of the County, within tying in existing driveways. 2. Contractor shall have one (1 ) copy of the project plans and project specifications the limits of disturbance area of the project. Cost for potholes will be 2. The Contractor shall notify the County immediately of any field condition not approved by the County, one (1 ) copy of the appropriate standard specifications, anc paid for as Potholing Each. consistent with the contract documents. one ( 1 ) copy of all necessary permits at the job site. These documents shall be 3. Contractor shall reconstruct any utilities or services damaged by 3. The contractor shall provide any new materials necessary for the relocation available at the job site. execution of the work at the Contractor's expense. of fences. Contractor shall reset fences inside the private property at least 3. Contractor shall be responsible for obtaining all necessary permits from applicable 4. Utility lines as shown on the plan sheets are plotted from the best 6-inches or greater Gates shall not swing over public Right-Of-Way. New agencies prior to commencement of construction. Contact Amy Joseph at available information. The Contractor's attention is directed to fence material shall match existing fence material and height. When 970-304-6496 to obtain a ROW permit. subsection 105.11 of the Standard Specifications concerning utilities. applicable, construction will be in accordance with CDOT M & S Standard 4. All materials and workmanship shall be subject to inspection by the County and/or the 5. The Contractor shall determine the type and location of the Details. Submit details for special fences to the County for approval prior to County's representative. The County and/or the County's representative reserves th' underground utilities as may be necessary to avoid damage thereto. construction. right to accept or reject any materials or workmanship that does not conform to thesE 6. The Contractor shall comply with Article 1 .5 of Title 9, CRS (Excavation 4. All existing asphalt and concrete shall be saw cut to a neat line prior to Standards and Specifications and / or industry standards. Requirements") when excavating or grading is planned in the area of removal_ This work will not be measured and paid for separately but shall 5. All grades shown are finished grades, unless otherwise noted on the Drawings. underground utility facilities. The Contractor shall notify all affected be considered incidental to the work related to saw cut. 6. Contractor shall be responsible for the acceptance and control of all water and utilities at least two (2) business days, not including the actual day of 5. Contractor shall provide temporary and permanent pavement markings. The groundwater flows during construction of the Project. This shall include both onsite notice, prior to commencing such operations. The Contractor shall cost of any and all temporary and permanent pavement markings and offsite: nuisance flows, irrigation flows, groundwater flows and storm water flows contact the Utility Notification Center of Colorado (UNCC) at 811 , to necessary for the construction of the Project will not be measured or paid entering the Project and throughout the work area. The Contractor shall be have locations of UNCC registered lines marked by member for separately, but shall be incidental to the work related to pavement responsible for all losses caused by these flows until the project is accepted by the companies. All other underground facilities shall be located by markings. County. All work shall be performed in a dry condition. contacting the respective owner. Utility service laterals shall also be 6. The contractor shall investigate, document, and replace found property pins, 7. The County and the Contractor shall together document existing features, conditions, located prior to beginning excavation or grading. The Contractor shall that will be disturbed during construction. The cost for the work shall be and other information prior to all construction activities. locate non-member utilities, such as storm sewer and ditch facilities included in the cost of Construction Surveying Lump Sum. 8. Contractor shall protect existing features to remain from damage. Existing features to as necessary to prevent damage thereto. 7. Contractor shall submit Erosion and Sediment Control Plans prior to start of remain that are damaged by the Contractor shall be removed and replaced at the construction. Contractor's expense to the satisfaction of the County. 8_ All scales shown are based on 11 "x17" sheets. 9. All materials required to be removed shall become the property of the Contractor TRAFFIC CONTROL NOTES: unless otherwise indicated in the plans or project specifications. It shall be the I _ The Contractor shall submit a construction traffic control plan, in accordance Contractor's responsibility to obtain a disposal site for the proper disposal of unusabt with the MUTCD, to Weld County Traffic Section for approval five days or excess materials_ The Contractor shall obtain County approval of the disposal site prior to any construction activities within or affecting the right-of way. The 10. Contractor shall maintain access to affected properties at all times during construction Contractor shall be responsible for providing any and all traffic control 11 . Contractor shall limit construction activities to within the "Limits of Construction" as devices and//or personnel as required for construction of the Project. shown on the plans. Disturbance of vegetated areas shall be limited to within the limits of disturbance as shown on the plans. Work is being completed within County ROW, permanent easements, and temporary construction easements. The Contractor shall secure all staging areas and additional temporary construction easements at the Contractor's expense, if needed. Any disturbance beyond the limits of construction shall be restored to the original condition at the Contractor's expense Construction activities, in addition to normal construction procedures, shall include parking of vehicles or equipment, consolidation of construction debris or materials, and disposal of litter and any other action which alters existing conditions. All disturbances outside the Project Limits shall be pre-approved by the County and secured by the Contractor at the Contractor's expense. 54 12. Contractor shall take appropriate measures to ensure the safety of pedestrians and provide detours as necessary during all construction. Cost of this effort will not be measured or paid for separately, but shall be included in associated Project Pay Items. e 13. Contractor shall not park any vehicles or equipment or disturb any area not approved by the County. A 14. If during the construction process, conditions are encountered which could indicate a LIJ o situation that is not identified in the plans or specifications, the Contractor shall immediately contact the County for guidance. LL: W LL1 Computer File Information WELD COUNTY Project No./Code LL Crosier Date: AUGUST 2014 Initials: CR GENERAL NOTES it Lest Modified Dale: 2014-09-09 Initials: Jh1 • few • Fug Path: P:lP U r t14003WEDWG\FINAL SHEET SET PUBLIC WORKS DEPARTMENT � 'P.o H.BO 58 X 758 Designer CR °, I. GREELEY. CO. 80832-07CB ` ', $ Drawing File Name: GENERAL NOTES PHONE (970)358-4000 FAX: (970)3048497 Detwiler JM Mao Station Ver: V8i Sage: AS N0TFD Units: Engles Sheet Subset: Sheet Subset. Sheet Number 2 of 50 /_ 811 / / / c'-""1" ,..„,..,...: *;,,,, / / rhoNTH bow .Is'. Sow. / 0 25 50 Coln in Y.. NOTES: HORIZ. SCALE: 1" = 50' 1 . ALL UTILITIES MUST BE FIELD LOCATED AND PROTECTED IN-PLACE PRIOR TO CONSTRUCTION ACTIVITIES. 2. NO PINS SHALL BE PLACED OVER THE TOP OF SHALLOW UTILITIES. I 3. LIMITS OF TURF REINFORCEMENT MAT (TRM) AND SOIL RETENTION BLANKET SHOWN ARE APPROXIMATE. CONTRACTOR SHALL TERMINATE TRM AND SOIL RETENTION BLANKET AT THE EXISTING FENCE. 4. CONTRACTOR SHALL PROTECT EXISTING FENCE. REPLACEMENT OF DAMAGED FENCE DUE TO I CONSTRUCTION SHALL BE AT THE EXPENSE OF THE CONTRACTOR. REPLACEMENT OF THE EXISTING DAMAGED PUBLIC SERVICE CO OF COLORADO ACCOUNT: R8056999 FENCE IS NOT THE CONTRACTOR'S RESPONSIBILITY. PARCEL: 120903000021 I EXISTING DAMAGED FENCE SHALL BE DOCUMENTED BY THE CONTRACTOR PRIOR TO START OF CONSTRUCTION . I 5. THE CONTRACTOR SHALL SEED AND MULCH ALL EROSION LOG 12 INCH DISTURBED AREAS OR RESTORE TO MATCH EXISTING 1430 LE TURF REINFORCEMENT MAT (TRM) CONDITIONS OR BETTER. SEE SHEET 50 FOR SEED MIX. 771 SY 6. REFER TO TRAFFIC CONTROL PLAN ON SHEET 42 (PYRAMAT OR APPROVED EQUAL), 60' SEE DETAILS ON SHEET 46 & 47 4 WITH SOIL RETENTION BLANKET (LANDLOCK S2BN OR APPROVED EQUAL), 7 7 1 Sy ROW FOUND #4 REBAR WITH BROKEN & SEE TYPICAL SECTION ON SHEET ILLEGIBLE YELLOW PLASTIC CAP WITH AND DETAILS ON SHEETS 12 & 13 I 2 hi' ALUMINUM CAP STA. 0+39.03 N=1337151.23 I OFFSET. 32.00', L E.=3173232.51 STA. 0+39.03 OFFSET. 27.00', L n I �'I Q STA. 3473.63 STA. 4+ 73.63 PROTECT CN OFFSETS 30.00', L OFFSET. 30.00', L S ��9 EXISTING N IS'\� 60's HEADY/ALL STA. 3+ 73. 63 STA. 4+ 73. 63 Q � � STA. 0+29. 16 a J&OFFSET. 12.00', L L OFFSET. 27.00', L .,....... ....� _ 2 R�14624' _ _ /[OFFSET._12.00', , st<., �, .. . { r �. 4.Z 1 L L LL LLLL4LLLLLLLLLLLLLL ! • I 6 ft 1 r -err r ' fit- � 'r ( _ • C ^--'-" L i.LLLLLLLLLLLLLI •\ 22.0 �- - - — LLLLLLL LLLLLLtrLLLLLLLLLLLLLLL"`L�_`LLL` .a. -i L�LLi._ rrrs rrrr . ri rr rrrrrl \ LLB ... ............... - LLLLLLLLL L. rrr rrc �-( rr S �.��,,; (� LLLLLLLLLLLLLLLLLLLLI rrr r r �" r \` J I H. UtLy.1C `� 1� LL _ ..1 � LLLLLLLL.�LLI LLLLLLL LLLLLLLLLLLLLL�LLLLLLLLLLLL ! t , 1rf-rft-r-rrt�rrfrri rcr�rr-rrrrffr {v 04.1 li LLLL�'ii ....__ .. LLLLL:. . -�LL; � . . .�LLLL _ _ _ OFNEs1; 12.00', L _ � LLLi .`L'- L R_' A 2+00 3+00 4+OQ0> 5+00 ��- c` --` 1 E'� \2�?01/'10`-36 12.0 _ i 6_ — — — I b —I H — \ 0 1 -, 0 — R=2000.00 COUNTY ROAD 19 %Z ROW _ - --- + 0 — L 250.51, L=148.0'. R=1988.0' ' E c- - - w - - - - r - • -w .w 'v • . : x�x�r-.. • x ry x 11/4.r( 7vx 1-/"sC 1vx ?Sri xnc 7../11 MN/ ' c -° -`� -- 47/14.1,714• ice• i•��•i♦��♦�' , e♦i••+•ii•SW•�••Cie.�•i♦�♦��♦rgt Erosion Control and seeding hot occurring on west side of road p ♦•• •� ♦ ♦y• ♦• • • •VSAS -- � i• i• • •i♦•• e ti 23. • .1..e.♦.!,!!�./. - - — -- --- -- - ----- - - - - - - _ _____--, .� �.�.._._..� L176.8r R=1402.4 ooc 11 `r Y1 � � - - � tt N= 1336966.65 _ \ - STA. 1 + 01 .62 Cd _ - • ---`' 24 E= 3173182.26 \ OFFSET. 12. 00', R W EX EOP \- PROTECT �APPROX•) � _ EXISTING STA. 1 + 01 .62 E--` ° / HEADWALL OFFSET. 35.95', R `c STA. 0+61 .87 Z .., PROTECT STA. 0+ 08.64 OFFSET. 23. 30', R � - EXISTING OFFSET. 25. 15', R ,� W z GUARDRAILS PUBLIC SERVICE CO OF COLORADO Z y LL ACCOUNT: R8056999 v (/) PAR(:FI • 17r10rrinanf171 H m Q W m r ;—Ainar CA Computer File Information WELD COUNTY EM - BR 19 . 5-36A Project No./Code w Creation Date: AUGUST 2014 Initials: CR - 1. Last Modified Date: 2014-09-10 Initials: JM I • ,yh,' PusLIG WORK- ROADWAY EMBANKMENT PROTECTION 1 Full Path: PiP514003WEL352-0 1FI_EM_BR19_5_3661DWGNALSHEErsET r 1ST 1 ARTT.F3PT g P.O. sox 759 Designer: GREELEY.( 80632-0758 { Drawing File Name: ROADWAY EMBANKMENT PROTECTION 2 FAxt (970)300 7t Detailer: f- ' Micro Station Ver: V8i Scale: AS NOTED Units: English 4 Sheet Subset: Sheet Subset: Sheet Number 8 of 50 a - - 811 cl:ftqZ) , , , Vi FrIORTH Dm vies MOM 0 25 5C eraabefore you L HORIZ. SCALE: "' - 50' NOTES: 1 . ALL UTILITIES MUST BE FIELD LOCATED AND PROTECTED IN - PLACE PRIOR TO CONSTRUCTION ACTIVITIES. 2. NO PINS SHALL BE PLACED OVER THE TOP OF SHALLOW UTILITIES. 3. LIMITS OF TURF REINFORCEMENT MAT (TRM) AND SOIL RETENTION BLANKET SHOWN ARE APPROXIMATE. CONTRACTOR SHALL TERMINATE TRM AND SOIL RETENTION BLANKET AT THE EXISTING FENCE. PUBLIC SERVICE CO OF COLORADO 4. CONTRACTOR SHALL PROTECT EXISTING FENCE. ACCOUNT: R8356999 REPLACEMENT OF DAMAGED FENCE DUE TO PARCEL: 120903000021 CONSTRUCTION SHALL BE AT THE EXPENSE OF THE CONTRACTOR. REPLACEMENT OF THE EXISTING DAMAGED FENCE IS NOT THE CONTRACTOR'S RESPONSIBILITY. EXISTING DAMAGED FENCE SHALL BE DOCUMENTED BY THE CONTRACTOR PRIOR TO START OF CONSTRUCTION. 5. THE CONTRACTOR SHALL SEED AND MULCH ALL DISTURBED AREAS OR RESTORE TO MATCH EXISTING CONDITIONS OR BETTER. SEE SHEET 50 FOR SEED MIX. 6. REFER TO TRAFFIC CONTROL PLAN ON SHEET 42 TURF REINFORCEMENT MAT (TRM' (PYRAMAT OR APPROVED EQUAL) 254 SY WITH SOIL RETENTION RI: ANKF_T LANDLOCK S2BN OR APPROVED 3�54SZ (LANDLOCKEQUAL) 32.54 STA. 10+ 08.45 SEE TYPICAL SECTION ON SHEET 12 OFFSET. 27.50', L _\ AND DETAILS ON SHEETS 12 & 13 STA. 9+ 88.23 OFFSET. 12.00', L STA. 10-t- 14.32 i STA. 9+ 82.36 OFFSET. 27. 50', L OFFSET. 12.001, L ' _ __ ___ ___ _ ----- — -- ---- — !— — — _ _ __ __ __ _ _ 1126.4 ---------rrrrrr------ -------w..------- _ -- _ _ zn•. ..ena..n an .,.. ... _ ... . w • • T, �- �- -- —_ — 4\n 6a1•�'.'._. '. n a... O ..O•i i L � �1 n n 1-.-Y-Y\-•.�4•-. .\w_..\—_ �— c --'_---=--"- . . ._� _.. . . _;_L. L..l., �_ _ - L_1-i�.� _ L �.f- _ `>_ _ _.-�L _.. .�.L`Ll.. L i_L � LL .._L__L ._.L�__ ._ �.._LL..-L L_i► _ _ ■ t___l- L1 � L L(_.Lt_Ll_(_L.vLLL_(-.-L-.LLLLi_LLL L_L_i_LLL L LLLLL�LL.LL.t_i...Ll_l_L .L.I_LLLL. . 1 _1_1_1111 L.L LL, g -L. �LLLLLLLLL.Ll..L_.L- .-L-L.L.LL...LL,LLL..L_LI_L._L.L [_L(-(_LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL_' LL.LLLLLLL.LLLLLLLLLLLLLLLLLLLLLLLL_LLLL.LLLLLL LL' _L LLLLL:__LLLLLL.._LLL_LLLL_L�_LLLLLLLLLLLLLLLLL.LLL_LLL.LLLL_LLLLLLLLLLLLLLLL.`LLLLLLL._LLLLLLLL_L__LLLLLL & ..DELI_LLLLLLLL_LLLLLLLLLLLLLLLLLLLLLLLLLL_LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL.LLLLLLLLLLLLLLLLLLLLLL.LLLLLLL LL LX' 1 LLLL.LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL:L.LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL_.LLL, ' L._.L_LLLLLLLLL..' .LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL_ ._-: ' '_L.-_LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL.+ GruLLLLLLL-,_ ,_LLLLLLLLLL.L..LLLLL`LLLL_LLLLLLLLLLL-LLLLLLL>_LLLL.LLLLLLLLLL.LLLLLL.LLLLLL._LLl_LL..L(-.i_L..Lt-.L.L.:_L LLLLLLL I I 1 1 1 1 1 1 1 1 1 I l l l l l l l t l ! l l l l l !1 L I l I 1 1 1 1 1 1 1 I 1 l l l 1 1 t 1 1 1 1 1 1 1..� 1 1 l 1 1 L l 1 1 1 1 1 1 1 1 1 1 1 1 LL 1 1 1 l i ' r l l r r t r t t r r r [ r I ' t t t + + r r + + t i + r I t l i r i r l + l r + + + + + + + + + v + . r • • • - 6+ 00 7+00 8+ 00 9+00 * 10+00 11 +0C) 12+00 - 13+0O I - f - I - - I - f -I i i// - 160 .00 ROW i COUNTY ROAD 19 /2 , / E r . - v ,t , v 1 . v ". ., v , IV J. r-,/ 14 r�i x n7 1 >~/ x 7 Na >\ r[ r./ v r.tff1TT /V X N 71, N X N N X P• k 4 7�Erosion Control and Seedutg not occturing on west side of r �,�/'/ E STA. 9 + 47.83 / J\ 1. c STA. 9+ 15.87 OFFSET. 12.00', R + OFFSET. 27.50', R `rn LL IrlSTA. 9+ 41 . 96 < STA. 9+21 . 74 OFFSET. 12.00', R cam!. OFFSET. 27.50', R H c , APPROXIMATE ,—• L Z x CULVERT LOCATION & — = � w � L a x PUBLIC SERVICE CO OF COLORADO r1 LLCsd -- ACCOUNT: R8056999 L 1 En F CI) PARCEL: 120903000021 F- CA W(.- � ern co WELD COUNTY Project No./Code Computer File Information BR 19 . 5 ROADWAY w Creation Date: AUGUST 2014 Initials: CR • c Last Modified Date: 2014-09-10 Initials: JM Ish, _N i ROADWAY OVERTOPPING PROTECTION 2 �1 PUBLIC WORKS DEPARTMENT J - - 'r��'-;.., 1111H. SIKEEI � Full Path; P1P114003WEL352'4 En1_BR19.6_36B[DWGtFlNAL SHEET SET , �'. '�i p P O. Box o Designer: � o -*1-, I'tI , P- ac-4E '97Q?36&+ 91 GREI•:iEY'.CO. 9()63'[-O158 o Drawing File Name: ROADWAY EMBANKMENT PROTECTION 2 r —` ;�:c o � � "Y PE-lac-4E trot 3oa-5�aP7 Detailer: _ Micro Station Ver: V8i Scale: AS NOTED Units: En istL .'..A Shoot N,.rnoer o` 50 a St Sheet Subset: Sheet Subset: g1 NOTES: �I 1 1 . ALL UTILITIES MUST BE FIELD LOCATED AND PROTECTED IN- PLACE PRIOR TO �� CONSTRUCTION ACTIVITIES. NORTE 2. NO PINS SHALL BE PLACED OVER THE TOP OF SHALLOW UTILITIES. Mow white Sow. 3. LIMITS OF TURF REINFORCEMENT MAT (TRM) AND SOIL RETENTION BLANKET 0 25 50 Cal ban pm ds. SHOWN ARE APPROXIMATE. CONTRACTOR SHALL TERMINATE TRM AND SOIL RETENTION BLANKET AT THE EXISTING FENCE. HORIZ. SCALE: = 50' 4. CONTRACTOR SHALL PROTECT EXISTING FENCE. REPLACEMENT OF DAMAGED FENCE DUE TO CONSTRUCTION SHALL BE AT THE EXPENSE OF THE CONTRACTOR. REPLACEMENT OF THE EXISTING DAMAGED FENCE IS NOT THE CONTRACTOR'S RESPONSIBILITY. EXISTING DAMAGED FENCE SHALL BE DOCUMENTED BY THE CONTRACTOR PRIOR TO START OF CONSTRUCTION . 5. THE CONTRACTOR SHALL SEED AND MULCH ALL DISTURBED AREAS OR RESTORE TO MATCH EXISTING CONDITIONS OR BETTER. SEE SHEET 50 FOR SEED MIX. 6. REFER TO TRAFFIC CONTROL PLAN ON SHEET 42 7. ASPHALT ROADWAY SHALL BE PROTECTED FROM DAMAGE WHEN REPAIRING THE CULVERT. ANY DAMAGE TO THE ROADWAY SHALL BE REPAIRED BY THE CONTRACTOR AT THE CONTRACTOR'S EXPENSE. THE COUNTY AND/OR THE COUNTY'S REPRESENTATIVE SHALL APPROVE THE REPAIR. P'J3LIC SERVICE CO OF COLORADO ACCOUNT: R8056999 PARCEL: 120903000021 ' STA. 16+ 00.00 OFFSET. 30.00', L STA. 16+ 00.00 OFFSET. 12.00', L APPROXIMATE CULVERT LOCATION — 4 �--- — - ----'-r--'7-- - ROW - — t t� y �� rtet V rS ` s ` ' ' ��. i -. ` - N �r��i l s-t rrrrtr 1-rrrtrrr r rri r rrrr. (Stn Sri..1r -\- rt r��-`` A-cc-4 �S.-r-c r� -ir �f`rC k. ---F -t r-1--;�>--f, 6 it �� \ :-r C _rf ' rt t - rrt"rf c 1-"CV _rr. rt _ .- r , r CC . " 3+00 14+00 15+00 16+00 N�1,7+00 18+ 00 19+00 20+00 {- 7 —I }— I — I — I - — I — I — — I —I 1— I -- I — I — I S 12'06 '20" E, 2947 . 96' "' N COUNTY ROAD 19 %2 .,-- _-_ -� + a v �i i� - ti• n !� - ! 7L - : '�! `aC N X !J `[ l�J `[ :.! Y 7`i 1: % , '^_- "V t •:4 rosion Control and seeding not occurring on west side of road ,': N N / \ O C STA. 16+ 00.00 en+ OFFSET. 12.00', R r STA. 15+ 99.68 ‹ OFFSET. 29. 73', R 2 r lL t..-1 A s I T Q w1 •"T, L ssd 74 -1 V PUBLIC SERVICE CO OF COLORADO H ACCOUNT: R8056999 ,.1 CLI PARCEL: 120903000021 V) c co co Computer File Information WELD COUNTY EM - BR 19 . 5-36A Project No./Code w Creation Date: AUGUST 2014 Initials: CR Last Modified Date: 2014-09-10 Initials: JM , N ROADWAY EMBANKMENT PROTECTION 3 PUBLIC WORKS DEPARTMENT . Full Path: PWP114003WEL352.4_EM-BR19_5_36BtDWGtFINALSHEET SET 1 r' ...� p 1,11H.sIHftl 9 y� PO. BOx 758 Designer: !�+ �r ' GREELEY.CO. 80632-0758 8 Drawing File Name: ROADWAY EMBANKMENT PROTECTION 2 _ 'I, PFV-t 9777)36b4000 it„{ V% •,, ._C o L y -.' Y F 1970)304 6093 Detailer: i Micro Station Vet: V8i Scale: AS NOTED Units: English ,Y..- -_ Sheet Subset: Sheet Subset: Sheol N,.moer 1 o` DO a LONGITUDINAL ANCHOR TRENCH TYPICAL, ANCHOR TRENCH UPSLOPE - SEE DETAIL 2 ON SHEET 13 SEE SECTION A ON SHEET 45 & 46 INSTALL PYRAMAT (TRM) 247' (TYP.) OR APPROVED EQUAL VARIES - Hi VARIES SEE DETAILS BELOW AND ON SHEET 13 - KEY ANCHOR r yy� ,.. . Wiz" ,r, ..,� TRENCH TYPICAL -- i it I t) l__ \�,, � ' � -1 I -III=111= f_ i-� �, I I li I , _ 3± (TYP) SEE DETAIL 3 ----i i I-I i,-i I I- -I I li I 1 Tl�l 1=TAI 1.= -H 4 I ENE I :1 1 -I-- , I L 11=1 I I-�_-I 1 l 1-- I�i=1 I I El 11- 11-1 I I Ell _- I FL--,I 11-lI I. I I ;-� 1 f�I i;_: ' ON SHEET 13 !_ ;_ , _ t— — — — / ' -_ -1 bill I ILI I I—III=1 I L-1 I Ivl I I—1 I Hi 1 -11 all I .-1 11=1 I — i.-:I I.— 11=1 I I-1 i I I H I h.I 11 -.i I ._ Fl r— r— � _ t- _ t- I:=-- - _ c I� -YII ; - ." ( Ii-II'-I � �- - i€ I- , - i7=--I . r I ! ,� - w �r I li - Flj al I I I El 1 :-( 1 '1.-1 I I=1 I t l I :-WEI I I=1 I t.. l I -ai-I I -1 11_ l I FU I---I i-I I -1 11 I I I - l i—I 11-1 -I I I—I I I=1 l ! I—I I [—III—i 11-1 I l—I I [—III—I I ? ` 1-1T-T-1T-11 r—ITHIR TEETH F-- --T—IT— „_e'" -tF t. ..11� I t�+> 0-1 1 ll-_ Ill ► -411_ ]iii III►r�..�H7.1] III..--I ICI I1�U:- L! II�iI (IIIII I I111:+4 i -lil-iil-, i i=i 1 I-I 11 TYPICAL SECTION INSTALL LANDLOK S2BN SOIL RETENTION BLANKET COUNTY ROAD 19.5-36B STABILIZATION OR APPROVED EQUAL N TS SEE CDOT DETAIL M -208- 1 ON SHEET 45 & 46 Longitudinal ,- . = LANDLOK S2BN SEED anchor trench .- - , . - SOIL RETENTION BLANKET � ,L� a " �:. �,� � • OR APPROVED EQUAL I 414. C 4 o �� - - - _ 0 d `� a o oiJ 7 in G �/ O 0 �O D. i.g `��. _:: �Ine; _:::= �nle; =: �,me,`-=:: Ile��= MIN TOPSOIL � / r ..._...-a:ilB-......,�.iii11l_..._...�,,�III�...�:.:�: r / y[ 4 O4 a I�If 1:- ~ �� /,;(' O U • O �[ - i •♦�i'i'i"i�iji�i'iji•'=ijij � j �'iji'�i S Q G 0 0 74, non.o II=11 II=11 11=11=11=11=11=1111=11=11' `� te — O � l,�sa II-11 = 11-11 = 1 = 11 1 = 11 I 11 = 11 I r, G a D G o u��°C 11=11 11=11 11=11=11=11=11=11=11=11=11 TRM c� °7`� o-/,G - 0' ' O 0 �_ u ai SEED pSUBGRADEof/o o / a 7-74-/- " i o� o „ 0 o o iG /G o p .0 . 000 3 TOPSOIL a O or O O / G o p00a Qd0 pet0 O O a 1)0.LP° NOTES: 4 - o O O G. 0 o o p`'Qo 1 . PLACE 3" TOPSOIL. ( �� • c, c, 0 0 /0 QQob Key anchor 2. APPLY SEED AND RAKE INTO SOIL. • - 'gyp o:o�°o� 3. INSTALL PYRAMAT (TRM) OR APPROVED EQUAL g NOTES: - • Po �or�-- n trench at 4. PLACE 1" MIN TOPSOIL. PYRAMAT (TRM) SHALL.6E• - �� • '�' . � toe of slope 5. APPLY SEED AND RAKE INTO SOIL. INSTALLED PER 3 •o � o-0.p0 � 6. INSTALL LANDLOK S2BN SOIL RETENTION MANUFACTURER'S e ' Vet.)0C.0 00 d BLANKET OR APPROVED EQUAL fu RECOMMENDATION. c),..9.p�eUuL-1 W DETAIL 1 SOILED FILLED TRM APPLICATION N r INSTALLATION OF PYRAMAT (TRM) ON A SLOPE N .T.S. N .T.S. cl X CI co co Computer File Information EM - BR 19 . 5-36A Project No./Code w Cre65on Date: AUGUST 2014 Initials: CR Lag Mod(IeedDate: 2014-08-28 Initials: JM tSsa.v'.- TYPICAL ROADWAY SECTION & TRM DETAILS PUBLIC WORKS DEPARTMENT RA Path: P '.P.14003WEL352-4_EM_BR19_5_3661DWG\FMAL SHEET SET !. !a r:! -' 1111 H.STREET P.O.BOX 758 Designer CR A .r! GIEB-EY.�C9O. 80832-0758 S Drawing File Name: TYPICAL ROADWAY SECTION & NM DETAILS - ":`, j. ', Ficx, 7U i3oa 77 Detailer UM ' . L/ 4- Mao Station Ver: V8i Sce1e: AS NOTED Units: English Sheet Subset: Sheet Subset Sheet Number 12 of 50 d_ WIDTH VARIES 3" TOPSOIL _\ -� \ ON ROADWAY 2r. SHOULDER � 2" TOPSOIL re- ON ROADWAY / EX.ASPHALT ,�' ` 12" � .`•�_ _ ice a �_ EMBANKMENT _ �'� - TRM —.1 V j _ ,�- -I I I UL�°o C7 �' *:zt ' ' u C 00 D U ,t ^ ;• � o i --1 lin_ `'00 ° 0rr do ,-. 0 o a , • o 110k406Oka °o 1 tiJ---' l"' COMPACTED SOIL _1176Uo0.©C? d O� - � � ,. °o ° (...,� o o Owe ( 6 �� ona C5 oQaQd 0 O,- p. O. 0 oci . g°off Q h`le°06°00tloovoaca NOTE: SPACE PINS 12" ALONG BOTTOM OF TRENCH D• L� 09� ° ' n0 90 ° a p °'.—on .F, ftr,CS On rlc't'co- ,,,,r'�r-i9•C-:nf r, 4 vr, ri0 ') 2, DETAIL 2 DETAIL 3 LONGITUDINAL ANCHOR TRENCH AT TOP OF SLOPE KEY ANCHOR TRENCH AT TOE OF SLOPE N T S N.T.S. f1 .5" DIAMETER STEEL WASHER 46„--.4.....A i I 1.2 m (4lft) _ _ _ j`-- _ --IQE� SOIL & ECB NOT_ _ SOP SOIL & ECB NOT y�f--� — —� -- —� r =� #_61t--14:71.3.0 :.:� RITY ° ---------7 c:: � 18 -___-S#AWN— 13�C RITY ♦ 0.20" DIAMETER =- 8 .) -- ----e ,c•(^_- -- - .- - - ---:._._.- c y_> — _ _ _ -- t < STEEL PIN -y- (-.D _aK ~ -`' o J -y-� am x . ^' U o Z Co� � a'�i.,T�§ •' I • r�ov ro,co c•0290°00 4�0 QoQ �' �` "�X' ti 0 no p 8, c,. ?O'a \'� �.�..r•'p w�('y Of? 36800. QQ. .V vV'(. ♦ (41...1i : - . )1 CJ G'UICC5 rncl:tarc4 G A- c_DV?, ; ° ° of D o�a le:3 Ga C41 . - c� ��'-7 •c)1 ; Lk & aWg aeil�p CO °c� Or:-,CZ2 ' N 'ac°`\oC p Oc o0 o. CE 0,a Qo gd �0;�0t �, , G > Th 6� S•a C°/.0. � Qc1c5a.•?,°€ c� O °ca' a� 4 °n^ o d oos `., ,ev ; °� ° , (tom 00,P0 ) on d/,oC,' cl ��p OCj�fl°D o�o' a� ' �" �a °�? (Q -'.10 rsdo.0 JO:i to � 6' .� tio0G'n C05 °c 2.5 ANCHORS/m' t � (�Oo Qt �nQ�p° I �.��1 i�� n°(-940008‘ o -,O�O .1.�,, �1 D. °.Q`,1 ,� ,. tityp►�• U/�� (- C� 1l//� • Q�,To' (2 ANCHORS d`' �.„ a:x •[gip„ r,QxS��o y��.<?� , I ca-, n o U V DETAIL 5 DETAIL 6 Y DETAIL7 DETAIL8 OVERLAP AT ROLL EDGE OVERLAP AT ROLL END PIN PATTERN GUIDE TRM PIN DETAIL cr N .T.S. N.T S J IVTS- NTS a ii NOTE: 1 . TO BE USED FOR OVERLAP WHEN 2 WIDTHS OF BLANKET ARE APPLIED SIDE BY SIDE WITH THE co UPHILL BLANKET PLACED ON TOP OF THE BLANKET ON THE DOWNHILL SIDE. I- w w L J I i Q cl m 07 t7 h al co co Computer File Information WELD COUNTY EM - BR 19 . 5-36A Project No./Code w CreB6on Data: AUGUST 2014 Initials: CR wr q Last Mod(taad Deis: 2014-08-28 Initials: JM ►sd,_j;- TRM DETAILS PUBLIC WORKS DEPARTMENT i' RA Path: P '.F,14003WEL352-4_EM_BR19_5_3681DWGWM t�ALSHEETSET 1 i t .-e' k 1P1H.BOX 758STREET Designer CR �+ P p. GREELEY.�C9O. 80832-0758 . H Drawing Rie Name: TYPICAL ROADWAY SECTION & NM DETAILS '.. .� FA7C (97U i3oa 77 Retailer. JM 0. Mao Station Ver: V81 Scala AS NOTED Units: English Sheet Subset: Sheet Subset Sheet Number 13 of 50 L LEGEND rA POINT TABLE PROPOSED JJJJrJJJJJ TURF REINFORCEMENT MAT (TRM) t1ORTI-I PAVEMENT JJJJJJJJJJ (PYRAMAT OR APPROVE EQUAL) POINT # NORTHING EASTING REPAIRS 0 25 50 10 1328324. 9716 3168519. 1216RETENTION BLANKET//// PAVEMENT L �OIND OK S2BN OR APPROVE EQUAL) HORIZ. SCALE 1" = 50' 11 1328312. 9717 3168519. 0981 PATCHES 12 1328324. 7352 3168639.9285 EXISTING WETLANDS EXISTING WETLANDS -, 1 .5 1 .528.512. /.55.5 .51566.5Y.9U5U SEE NOTE 8 EROSION LOG (' 2 INCH), 1840 LF (TOTAL PROJECT LENGTH BOTH SIDES OF ROADWAY) SEE DETAILS ON SHEET 45 & 47 TURF REINFORCEMENT MAT (TRM) (PYRAMAT OR APPROVED EQUAL) (BORING 2 1405 SY (PROJECT TOTAL); WITH SOIL RETENTION BLANKET (BORING 1) (LANKLOK S2BN OR APPROVEDS E SE EQUAL)ON AD140TASS; B 60.00' ROW ON SHEETS 24 TO 26 1-2 - - - - - - �� - - X X X X X - - - Y Y - - - - /� 7�• LOU — — Yt_ I)._ �•..r•.•r...ra.•..w•r�rr�.......r.r'4•>r�•. .•••�••.• .••••• .... F��r� — _r 4 ` .JJj 1 1 1 1 f t �} COUNTY ROAD 34 � ��/ //4/ (//4/1 /)".- 3 D- - i -- I -i I- f - f - i — ' — 1 — I >— - 1 4+00 — _ 5+00 — 6+00 — — 7+00 8+00 9+00 L LOC - - LOC 10 4 -00 — LOCLLOC _hb00H / -- - 13 — — — 11 - - - -If/y‘ X X X -X �E - - X X- - X X X -X X X X -X N t" BORING 3 U CJ C 2 - -- X ___7 X f S I- F 8 CJ < ROADWAY REPAIRS GENERAL NOTES: 0) . ALL UTILITIES MUST BE FIELD LOCATED AND PROTECTED IN -PLACE PRIOR TO CONSTRUCTION ACTIVITIES. . 2. NO PINS SHALL BE PLACED OVER THE TOP OF SHALLOW UTILITIES. 3. LIMITS OF TURF REINFORCEMENT MAT (TRM) AND SOIL RETENTION BLANKET K SHOWN ARE APPROXIMATE CONTRACTOR SHALL TERMINATE TRM AND SOIL ` RETENTION BLANKET AT THE EXISTING FENCE. c` 4. CONTRACTOR SHALL PROTECT EXISTING FENCE. REPLACEMENT OF DAMAGED W FENCE DUE TO CONSTRUCTION SHALL BE AT THE EXPENSE OF THE CONTRACTOR REPLACEMENT OF THE EXISTING DAMAGED FENCE IS NOT THE .- CONTRACTOR'S RESPONSIBILITY. EXISTING DAMAGED FENCE SHALL BE - DOCUMENTED BY THE CONTRACTOR PRIOR TO START OF CONSTRUCTION. 7. REFER TO TRAFFIC CONTROL PLAN ON SHEET 42 5. THE CONTRACTOR SHALL SEED AND MULCH ALL DISTURBED AREAS OR 0 8. CONTRACTOR TO PROTECT AND AVOID DISTURBANCE TO ALL EXISTING WETLANDS AREAS. RESTORE TO MATCH EXISTING CONDITIONS OR BETTER. SEE SHEET 50 FOR SEED MIX A % Computer File Information WELD COUNTY EM-BR 34- 17A Project No./Code m� Creation Date: AUGUST 2014 Initials: CR W Last Modified Date: 2014-09-11 Initials: JM f,a.: A ROADWAY REPAIR PLAN 1 1--- _` i PUBLIC W0RKSCIERARDJt4T Ful Path: P:�PN4003WEL352-3_EM_BR34_17A►DWG‘FINAL SHEET SET �t� �, A • 111 I H.STREET P.O.Box /58 CO. M3243758 Designer. CR ,ri 1 ovHa�' em> 84000 Drawing Fie t�rrle: ROADWAY IMPROVEMENTS STA 13f00TO19+40 ` �` FAx: (910)304-649/ Detailer. JM E Micro Station Ver: V8i Scale: AS NOTED Units: English Sheet Subset: Sheet Subset: Sheet Number 19 of 50 a — LEGEND PROPOSED PAVEMENT POINT TABLE POINT TABLE POINT TABLE REPAIRS EXISTING WETLANDS POINT # NORTHING EASTING POINT # NORTHING EASTING POINT # NORTHING EASTING SEE NOTE 8 //// PAI CHES PAVEMENT 1 1328312.6685 3168674.0415 20 1328312. 4179 3168802.0904 26 1 .328312.2926 3168866. 1125 JJJJJJJJJJ� TURF REINFORCEMENT MAT TRM 15 1328324.6685 3168674.0650 21 1328300. 2058 3168802. 2768 27 1328312.2496 3168888. 1118 JJJJJJJJJJJ (PYRAMAT OR APPROVED EQUAL) 16 1328312.6137 3168702.0522 22 1328300. 3611 3168831 . 1241 28 1328323.8563 3169089. 1123 SOIL RETENTION BLANKET 17 1328324.8756 3168702.0762 23 1328324.3610 3168831 . 1710 29 1328299.8564 3169059.0555 (LANDLOK S2BN OR A.PPROVED • EQUAL) 18 1328312. 4768 3168771 .9880 24 1328300. 1349 3168866. 1164 30 1328318. 4639 3169385. 4863 EXISTING WETLANDS 19 1328324.4768 3168772. 0115 25 1328300. 1349 3168888.0880 31 1328294.4784 3169384.6536 r SRG�L-ID+y .. D®Ffto''4 TURF REINFORCEMEN MAT ( RM) l`\ 1 �� "UBLIC SERVICE CIO OF COLOF (�OF�TH _ _ TAX SERVICE I•: ._PARTMENI ) • • / PYRAMAT OR APPR VED E UAL (N__________ -___,< i 405 SY PROJECT TAL 0 25 5 50 . _ SECTIOPX AND DE AILS -74 (BORING 4)- ® EROSION LOG (12 INCH), 1840 LF '. . ON SHEETS 24 TO 26 23 (TOTAL PROJECT LENGTH ---X HORIZ SCALE: 1 " - ' / \ X ____,. ,...y-' 19 • - • • BOTH SIDES OF ROADWAY) 28 A 15 i ED7 DL SEEETETAI S ON U Xi (BORING 5D BORING 7_. - — 456.41 _ _ —1 Mk no.:-_-.-.....--.! _ — — or l d..J .d_JJJaJ-J i.J.►_IJ_I t. : J -J_ -fi \Y O ��...........�.._...... - _ ...�...... ` LCc - I. ) t i t i ! + I i t ! :J=i, •0001 I -! •• ' T �� _ _- ..J_ ._.._.N_J�..:1J.1.J�J.J.+J1_.J_hJ j._:..J.JJJJ...:. / •11 JJ..IJJJJ �� ` ..fJ_ELIJ.1J. lJ. : ///-- D 60.00. A ` I COUNTY ROAD 34 -I ROW Alt - - - I - _ - - - - - - ii+OO�oc Loc oc 12p— — Loc 1 14+ 00 15+00 6 1 � X SI 16 • .♦ 's' . \.n,-‘. � ." A, A, x� x7. ' "• - - ifv�/ 14 :\' .� .� -- -- -- -- • . 59.4 LF c .a1l.aa.,aa.►a .,.♦�♦attstt 401 ♦ ♦ ♦♦ ♦ •s . :n�.��• d� ...tai - ---- ,., • re- •X- - X — — — .:. — — — — - — — — — -- -'-- Y 22 0 24 X25 X . c� Lac :_oc t.oc c. tvc y -- X x SwF X X X X x X X 29 X . . X X � • X " � _ X , c_ • - 31 cd (BORING 6 NORTH QUARTER CORNER SOIL RETENTION BLANKET 54 SECTION 16 T. 3N., R.67W. (LANDLOK S2BN OR FOUND #t5 REBAR APPROVED EQUAL) WITH 2 1 /2" ALUMINUM 658 SY (PROJECT TOTAL) CAP IN MONUMENT SEE SECTION AND DETAILS i WELL LS # 24305 ON SHEETS 24 & 25 Pr P- E ROAIPWA REPAIRS GENERAL NOTES: I- ALL UTILITIES MUST BE FIELD LOCATED AND PROTECTED IN -PLACE PRIOR TO j CONSTRUCTION ACTIVITIES. 2. NO PINS SHALL BE PLACED OVER THE TOP OF SHALLOW UTILITIES. 8 3. LIMITS OF TURF REINFORCEMENT MAT (TRM) AND SOIL RETENTION BLANKET SHOWN ARE APPROXIMATE CONTRACTOR SHALL TERMINATE TRM AND SOIL RETENTION BLANKET AT THE EXISTING FENCE. fl 4. CONTRACTOR SHALL PROTECT EXISTING FENCE. REPLACEMENT OF DAMAGED c FENCE DUE TO CONSTRUCTION SHALL BE AT THE EXPENSE OF THE w CONTRACTOR REPLACEMENT OF THE EXISTING DAMAGED FENCE IS NOT THE W CONTRACTOR'S RESPONSIBILITY. EXISTING DAMAGED FENCE SHALL BE tg DOCUMENTED BY THE CONTRACTOR PRIOR TO START OF CONSTRUCTION. 7. REFER TO TRAFFIC CONTROL PLAN ON SHEET 42 5. THE CONTRACTOR SHALL SEED AND MULCH ALL DISTURBED AREAS OR jr,-, 8. CONTRACTOR TO PROTECT AND AVOID DISTURBANCE TO ALL EXISTING WETLANDS AREAS RESTORE TO MATCH EXISTING CONDITIONS OR BETTER. SEE SHEET 50 FOR Q SEED MIX N. 03 Computer File Information WELD COUNTY EM-BR 34- 17A Project No./Code w Creation Date: AUGUST 2014 Initials: CR • i Last Modified Date: 2014-09-11 Initials: JM ROADWAY REPAIR PLAN 2 w Ful Path: P:�Pti14003WEL352 3_EM_BR34_17At0WG1FINAL SHEET SET .•1. ,!�, 'IN! ,� 9t . PUBLIC 11111 H`STRES ET 1 � y^ P.O.BOX /6s Designer. CR M V ' GI�FI FY. CO. 8G632d768 - S Drawing Re Name: ROADWAY IMPROVEMENTS STA 13.007019440 �� I PHOrE: 9701368-1000 F 4,t ��,ol 3aweay, Detailer: JM Micro Station Vet: V8i Scale: AS NOTED Units: English Sheet Subset Sheet Subset: Sheet Number 20 of 50 a - LEGEND ' PROPOSED PAVEMENT POINT TABLE REPAIRS ifRTH 7///./. POINT # NORTHING FASTING c; 25 50 PATCHESEXISTING PAVEMENT 32 1328306. 7408 3169580. 7134 HORIZ. SCALE 1" = 50' 7�TJJJ- JJJ TURF REINFORCEMENT MAT (TRM) 33 1328294. 7854 3169579. 5698 JJJJJJJJJJ JJJJJJJJJJ (PYRAMAT OR APPROVED EQUAL) Sell RFTFNT►nN RI ANKFT 34 1328270.6702 3169794.5543 TURF REINFORCEMENT MAT ( TRM) (LANDLOK S2BN OR APPROVED 35 1328282. 3958 3169796. 0164 EXISTING WETLANDS (PYRAMAT OR APPROVED EQUAL) EQUAL) SEE NOTE 8 (P T 1405 SY (PROJECT TOTAL) EXISTING WETLANDS SEE SECTION AND DETAILS ON SHEETS 24 TO 26 EROSION LOG (12 INCH), 1840 LF (TOTAL PROJECT LENGTH BOTH SIDES OF ROADWAY) V {BORING 8 SEE DETAILS ON SHEET 46 Sc 47 0 ____>.--......._•_.--.„ _'-• ��_..._ B J .tea______.r _IJJJJJ JJ-1.i..! .ww..,...w •.�-w��^^- - / 35 / _ r 4 r1 l_ - -_ - U Y9. / / CO , NT' ROAD 34 wwwwww.•-.. ' wwww. . i w----a La_ w-ww�-1--^_ QQ ;-w-.. / �4\ V J _ _ _. _ �2a+ Loc ROW — roc — � __ �--^�` 594 . 0— — -- -_ _ _ _ .__. — _ c:;. -- -21*09c ,gyp • ~�X �`—X ~� r- � - LOOS �; _c - Lacat.-- ---_---2,-.A1 _ �X OE— v!OC ' �— �V-- � ® 22 OO _�� 0 n `�~A X 1 , _ _ __- 23 f Q� Jam_ X------„xtQ34 24+06 > - , " ~_ -X----1� 24+88.50 `'_- - '` /S X----..._\- -__ ___ , ...7, rc--- m e7-X----- 1 /-- 8 P. C +- E L ROADWAY REPAIRS GENERAL NOTES: y " . ALL UTILITIES MUST BE FIELD LOCATED AND PROTECTED IN -PLACE PRIOR TO CONSTRUCTION ACTIVITIES. i 2. NO PINS SHALL BE PLACED OVER THE TOP OF SHALLOW UTILITIES. o 3. LIMITS OF TURF REINFORCEMENT MAT (TRM) AND SOIL RETENTION BLANKET o. SHOWN ARE APPROXIMATE CONTRACTOR SHALL TERMINATE TRM AND SOIL RETENTION BLANKET AT THE EXISTING FENCE. o 4. CONTRACTOR SHALL PROTECT EXISTING FENCE REPLACEMENT OF DAMAGED o FENCE DUE TO CONSTRUCTION SHALL BE AT THE EXPENSE OF THE la Ill CONTRACTOR REPLACEMENT OF THE EXISTING DAMAGED FENCE IS NOT THE V) W CONTRACTOR'S RESPONSIBILITY. EXISTING DAMAGED FENCE SHALL BE W N 7. REFER TO TRAFFIC CONTROL PLAN ON SHEET 42 DOCUMENTED BY THE CONTRACTOR PRIOR TO START OF CONSTRUCTION. 8. CONTRACTOR TO PROTECT AND AVOID DISTURBANCE TO ALL EXISTING WETLANDS AREAS. 5. THE CONTRACTOR SHALL SEED AND MULCH ALL DISTURBED AREAS OR LT RESTORE TO MATCH EXISTING CONDITIONS OR BETTER. SEE SHEET 50 FOR o SEED MIX A I Z Computer File Information WELD COUNTY EM-BR 34- 17A Project No./Code g Creation Date: AUGUST 2014 Initials: CR W M Last Modified Date: 2014-09-11 Initials: JM ' ROADWAY REPAIR PLAN 3 1 -- _` i PUBLIC WORKS O�`AHiuE 4T FUII'ath: P:�PN4003WE13623_EM_BR94_17A►DWG‘FINALSHEETSET i,� �, '-- 9I • 1I1IIi.STREET P.O.BOX /58 32-0758 Designer. CR Jr! 1 GPHOPE: 9�0)FCEELEY.CO. 35840W 1 Drawing Fie Name: ROADWAY IMPROVEMENTS STA 13.0D TO 19+40 FAY: (910)301-649/ Detailer. JM E Micro Station Vac V8i Scale: AS NOTED Units: English Sheet Subset: Sheet Subset: Sheet Number 21 of 50 a — VARIES 2.00' 12.00' 12.00' 2. 00' VARIES ROW - R;i''!1 I I • 0% 2 • IP % _ammo — — x 21 • �� R��/1s�rC�`iw _ � _ � i.i.r...i ��i ia.q r.a.� a :'!RUl':ti. . . •r� :43•'•.•••••'•e•••••-•f••.�'Y.•. �{-.�♦y� i�t� r•�'f%. r.r...i.r.q•.i.r.i.i.i.a.r.i.'r.i.•.•.i...�.i.•...r.i.�...i ♦ r Ya .. ., • f`1ti�:!r!.K�_ .. .j' .. • a ..a...........r.� . . • �•.r.r rr...ra.a...as.e.a.r.a.r...a.• ;. :,�� •.��•��.�..- •� •#-mein . j \ -' .`.7`/`z T:tii i,••b;.�•;q i.i.i,i.i,i•i;•-i:r-i'r.a_r:a i . a . - - - . . •i.•.is • •..,•-e-• •.e rY1♦. }O ...,�# pt* w� iy♦ r. Y ' '- 'a:e'ret ..-c•••:,..-_•....- x•'! ._. iK- 1 C~•. ...'-Ch t.,. -a.. • • :-'I.Z_ r `.'. ..#��.•#t...p• "` •fir l.tt�l► . .:x't, f'y2/:.'. — _ =Sf.-i.. . L ♦"+ w`s4117.,‘r._"• _ a '-''i _. 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I \—. --.-.- 3 — — — L _ ._...... EX- GAS o EXISTING U PAVEMENT a 5 w 0 O 0- O Er cx SECTION B w 5 3 O Q r co Computer File Information WELD COUNTY Project No./Code w Cre*6on Dale: AUGUST 20'14 Initials: CR EM-BR 34- 17A Last Mo fled Dale: 2014-09-11 Initials: JM `•, ►sg, .c..: ROADWAY REPAIR PLAN 2 J - PUBLIC WORKS DEPARTMENT • Ful Path: P 'T4140C3WEL352-3_EA4_BR34_17A1DWGIMASTER PROPOSED 1171 H. STREET i iA GREELEYO CO 80632-0755 Designer pThn el ' 1 ' PHONE:(970)358-4000 Detailer: JM 8 Drawing RIB Name: TYPICAL ROADWAY CROSS SECTIONS - . ._ . _, . FAX: (970)304 8497 4 McroStatlonVer: V8i ScSe AS NOTED Urdu: English • Sheet Subset: I Sheet Subset: Sheet Number 24 of 50 n • © INSTALL PYRAMAT (TRM ) OR APPROVED EQUAL SEE DETAILS ON SHEET 26 3 INSTALL LANDLOK S2BN SOIL RETENTION BLANKET OR APPROVED EQUAL SHEET 46 & 47 s a N c co w U VARIES 12.00' 12.00' VARIES ROW N I F ROW U �� _ 3 i +g to 'i▪ -, ♦ r ---..Y•••-i7 7 _ Y: .�. r i .. 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Q ... -.-&s•-,._i.:'15 C'••ter ,, -. �i�.'».4- :ciCti t -`r; -i 30 S x "7",:e..;..::;,.,;:e.-7-s. i,sts.-._L-'.:' _?`. . -& • . •-' .:+. =L-1-,- �._ iii �i a ' • . . iJ_yx :.%J�C\-1 "\-e-**t. r' . �� C..) — � — — — — � - v `r vs v v,Q "v9„ s CMR f_t15' '' �w ` y � .`,% / yj: j\\/ / /,,ti cn — O CC a Ce w 01- § (liCk) KSECTIONC r M a) Computer File Information WELD COUNTY EM-BR 34-17A Project No./Code w Creation Date: AUGUST 2014 Initials: CR M Last Mcded Date: 2014-09-11 Initials: JM �,� ROADWAY REPAIR PLAN 2 y':t;'.`•_-' ;-,-:C PUBLIC WORKS DEPARTMEN• Full Path: P 5P,14ao3WE�35z-3 EN BR34_17A',D1V'GIVIASTERPRQPOSED t ! !'JI .K.iI :%'\', nil H. SIREET g .; i P.O.BOX 75s Designer. t,t< % '1.••• q t �, ; ' GREELEY.CO. R.l2.0758 Drawing Ale Name: TYPICAL ROADWAY CROSS SECTIONS 2 1 i1 r P-ZONE: 970)355-4O0O < FAX: {�70)3o4s4e7 Detaller: s Micro Station Ver. V8i Scale: AS NOTED Units: Ergish Sheet Subset: Sheet Subset: Sheet Number 25 of 50 a Longitudinal __ 3" TOPSOIL . • . = anchor trench o `a �- I• N NDLOK S2BN SEED wloTH VARIES ON ROADWAY © SOIL RETENTION BLANKET Kt O - 0 U/a O ' o o C. a�00 OR APPROVED EQUAL 2" TOPSOIL 12" SHOULDER O � o O ON ROADWAY EX.ASPHALT o 0 I,lep:_ me . nIc ____ MIN TOPSOIL EMBANKMENT -� --,:,•i-7: c -, v o gtiirzf- tom.O. 0v � 1 _ • •aoiz u-u-uryu-ur-iu-u-nr-lu-nr-id-n -11y1- -11 - IIr- O J 0 G p 0 u—u—nr�u�u�n�u�ur—u—ur-�u�u—�r i Al • Q o :� �s.i t;t:t;st t t t t':±S::;t;a ��=:�� _� AT p '4--r' G 0 & 0 U pf�o =n= '7f= 7f=1f= 7f= 7f=Tf= TRM 1 g p�/O7zr Q > 11=11=11 11=11 11=111=11 11=11 11=11=11 TRM 12" r ° O /-i-- o O p0 ca� , SEED 'r�n� ' O 0 � p0 0 oo°a .co. SUBGRADE . , - - G 0 a '000 3" TOPSOIL a p 0 0 O O . 070700 O 0 o O • ��Qo --" 16" L- 000MPACTED SOIL p co ,G o 9Qo D. . NOTES: O O O 0 St G 000 00 p� ,� 1 . PLACE 3" TOPSOIL. NOTE: SPACE PINS 12" ALONG BOTTOM OF TRENCH O o�cood0 Key anchor 2. APPLY SEED AND RAKE INTO SOIL. NOTES: - o O �0On!` �° trench at 3. INSTALL PYRAMAT (TRM) OR APPROVED EQUAL PYRAMAT (TRM) SHALL.BE• - •- ' �'� �jTL toe of slope 4. PLACE 1" MIN TOPSOIL. DETAIL 2 INSTALLED PER . - 3 • Do-O.OO 5. APPLY SEED AND RAKE INTO SOIL. MANUFACTURER'S o , ; dpO.� C •0 )O LONGITUDINAL ANCHOR TRENCH AT TOP OF SLOPE 6. INSTALL LANDLOK S2BN SOIL RETENTION RECOMMENDATION. OQ")obi°1a BLANKET OR APPROVED EQUAL N T S DETAIL 1 SOILED FILLED TRM APPLICATION INSTALLATION OF PYRAMAT (TRM) ON A SLOPE N .T.S. N .T.S. I . iii l a�lrl .a - =_. ~ - - ::::::__-;;=--�OP__ $OIL & ECB NOT _ - -TOP,_ SOIL & ECB NOT -� 18" - Si#3Wt�"1'QR CLARITY 18If SAWN FOR---CLARITY N 312 a It ---e-- -- - - Ga. (ivP') . - 2.5 ANCHORS/In' Sr41pD,' a e _�-_ ��)t F+ _ �� - LO - (2 ANCH0RSfyd`I ^� z3 , a .--- ...)-0 G ° `/� �T:� - c� nxC�o. } / C/, „--..-��.-r C'Qr)lO,�`('o�Cl ��• V'O(�t �. �tii , �''-`a`.�i ��!'�� lS - ' .. \ �'�� _ (jr ��/ on'�L1 W�(7 V V��OC�jO �- `�`----. - "-w °1-•}5074 00.0 C�1• ° O =`J il`// DETAIL 7 e o �..:.•. — _ - _ " PIN GUIDE � �' .er:.. ?''.. ...... _ '� .Oo Rj°O%t oh 0QC Qo • * bic C" �c4 a 7 '070 • ea°6�,"vD2:D ` Lq A. .:,�. D _ - - _ ' _ ~ - - o�,�. '°� �Uo ' �bC�;,Qao(3pC��'a• �� tic��• °�'Q QQ °�Q o p �o•�� PATTERN G /� I� /� r /� ��rQ fy'(1( `n; /� /may/, y I�j ,f�'�•' (((� (/.(j0, ^ /� /� r. E tri Q Cy^lc��,L1�>/%e �/� V LJ DDe • ��L. ..7� 0 • f--. �C-J Cfnl_%O I� O a a(�\1�/,+/� Q ro4 r 0 / `i V I-_-. G1( ��/�Vp✓ ° O(� `1 O ��',�1 Owl-•��`/ Ua n.[�Cl OV S. O :. -.lam ��1' � � "61 ii �o r�7 L� o Q r Q + C7 ?Q “: o ( :ort U (_ Y.� o e; p = g� �i a C} d � 'G fC1 /�,,�p�n Cl t1 t p( L�O pO .�• 'n C7 Q, . oC� t4} viAat.O -)O ° spy •ca -ty a ,r� �r� d ��0G'� v h •d 0 Sc�(uo p ppo °U : ? Ll °� O. c,`p c.oc�j �gOOn ,: �iv]10 tv O "O pop - ax 12" 0 • °5 (imv. eC )* qU i-, 02 . . - -- d J n �> cam' ( j `� o u(1 �� U o ��CJ�o ?d ° qtr.°PaQo'DCg�: '. : '� °ati�gCDC'• �,�_sc �(:� n17o°oOut9nPo ' - s.' u uocodroC..' `'C ��a•C� C1- u 6 �op�0-ffor" 1 .5' DIAMETER �� d o� 1 `s • a - i a a8o� o L ��©°� 4 '° t I�G'U ° ° �C1�.= U 4U�ar , ., cryPaD�rt�►� QD �r' per ��Q Goo. Lit �{ �'` rte^ d p)'G° °il ° P. Gi t vP) r-20. o `viiil rot on U G'-- .r� re .q,.) �n <7 ��CIO 1�_n STEEL WASHER O .J ... 0y o o��"'.e 3-4 -- 41O (-1 c `• �L {� J `� '� -' / /� / • {/•,�1 t� �- L� V C\ /� (`� (� /� �n �. :1 n� lip r �./ �• �!-'C�rl V i .� V ��, QV �u � 1J�~ o . Q `%�'.,�jG.'�-,L7•: lUn -�f��ri �?l�� ' U� / W�� i I 1 O ' ° ,,.� ,,.� S n �,� Clr;d.f°OOcecca 0 ,9 uO ,(70, c-)30,e,,d'oQ p 0 o c:DD CJ' O �Q ��S DETAIL 5 DETAIL 6 } cpc • o CD°�7 Q�/�,o �adoC �4pfl�(rQ o / ° c OVERLAP AT ROLL EDGE OVERLAP AT ROLL END 8 N.T.S. N.T-S. DETAIL 3 0.20" DIAMETER NOTE: i KEY ANCHOR TRENCH AT TOE OF SLOPE 1 . TO BE USED FOR OVERLAP WHEN 2 WIDTHS OF BLANKET ARE APPLIED SIDE BY SIDE WITH THE 18 " .#7" STEEL PIN F N.T .S UPHILL BLANKET PLACED ON TOP OF THE BLANKET ON THE DOWNHILL SIDE. w 0 Ili DETAIL8 t TRM PIN DETAIL o N .T S co co Computer File Information WELD COUNTY EM - BR 19 . 5-36A Project No./Code w Creaion Data: AUGUST 2014 Initials: CR • Last Modified Deis: 2014-09-09 Initials: JM . p.....4 ` ►86,_..- _ TRM DETAILS PUBLIC WORKS DEPARTMENT ij RA Path: P 'Pi40D3WEL352-3 EM_BR34_17MDWG\FNALSHEETSET 1.. `) T. -' 1iii P.0.BOX smEETE Designer CR M P i GREELEY.CO. 80632-0758 . S Drawing RIB Name: TYPICAL ROADWAY SECTION & NM DETAILS ". i F °Ax"E( o t3o 7 Detailer. UM 4. Mao Station Ver: V8i Scala AS NOTED Units: English Sheet Subset: Sheet Subset sheet Number 26 of 50 d_ 2009 EditionNotes for Figure 611-13—Typical Application 13 Temporary Road Closure Figure 6H-13. Temporary Road Closure (TA-13) Support: 1. Conditions represented are a planned closure not exceeding 20 minutes during the daytime. Standard: 2. A flagger or uniformed law enforcement officer shall he used for this application. The flagger, if n\ used for this application, shall follow the procedures provided in Sections 6E,07 and 6E.08. OV3Hd > Guidance: NNOM ir 3. The uniformed law enforcement officer. if used for this application, should follow the procedures OVOa C Note: See Tables 6H-2 and 6H-3 provided in Sections 6E.07 and 6E.08. (optional) `-_---1 for the meaning of the Option: dl�1S Ol Tt symbols and/or letter 4. A 13E PREPARED TO STOP sign mar be added to the sign series. codes used in this figure. ' O;ibd38d Guidance: 38 B S. When used, the BE PREPARED TO STOP sign should be located before the Flagger symbol sign. I Th in 4i> Table 6H-2. Meaning of Symbols on Typical Application Diagrams A • I • • • • • e• Arrow board �^ Shadow vehicle i S I o Buffer0 0 Arrow board support or trailer(shown facing down) I Sign (shown facing left)space (optional) I I Changeable message sign or support trailer ® Surveyor r - r_ Channelizing device Temporary , barrier IMP` Crash cushion IMP' as Temporary barrier with warning light Direction of temporary traffic detour rilIP- Traffic or pedestrian signal A _. Direction of traffic Mr. Flagger w Truck-mounted attenuator t►WM Type 3 barricade Butter High-level warning device space (Flag tree) Warning light (optional) Il Longitudinal channelizing device �/ Work space II � • �• Luminaire ""` Pavement markings that should be WO I Work vehicle removed for a long-term project A a it fi i — > Table 6H-3. Meaning of Letter Codes on Typical Application Diagrams 0 � � - Distance Between Signs** 1 B B E Road Type A I B C PREPARED Urban (low speed)* l 0o feet loo feet loo feet re Id TO STOP Urban (high speedy 350 feet 350 feet 350 feet act________„-- ' (optional) Rural 500 feet 500 feet 500 feet F 4 t a ROAD Expressway / Freeway 1.000 feet 1,500 feet 2,640 feet * i� WORK AHEAD Speed category to be determined by highway agency IV .. The column headings A. 8, and C are the dimensions shown in Figures 6H-1 through 6H-46. The A dimension is the Typical Application 13 distance from the transition or point of restriction to the first sign. The B dimension is the distance between the f rst and second signs. The C dimension is the distance between the second and third signs. (The "first sign is the sign in a three-sign series that is closest to the TTC zone. The 'third sign"is the sign that is furthest upstream from the TTC zone.) w w 0 Computer File Information WELD COUNTY Project No./Code LL CreamDete: AUGUST2014 Initials: CR TYPICAL TRAFFIC CONTROL PLAN 1 LA Last biodfied Dde 2014-09-10 Initials: JM Z '-... ,8to PUBLIC WORKS 0EPARTAENi y FuI Path: P:1P114003WEL\DWG\FINAL SHEET SET 'I, fy r : - A 1111 H. STREET I P.O.BOX 758 Designer CR l• r p GREELEY.CO. 801132-0758 8 Drawing Ale Name: TYPICAL TRAFFIC CONTROL RAN ,'' _ - ..' : . FP ONE:e7 )358-4000 Detwiler Jki s Mao Station Ver. V8i Sake AS NOM US: Engish Sheet Subset Sheet Subset: Sheet Number 42 of 50 1 : - APPLY SEED AND ANY REQUIRED SOIL CONDITIONERS PRIOR TO COVERING COMPACTED SOIL WITH BLANKET . --6 - -- 6' YI '\ `sue 6" >\\ •. • \/ /\/1.;- STAPLE X \.. • I \ . • • ' \,\'/ -/j. / I2" O.C. .—STAf'_E 1 /X� //\//\-< COMPACTED SOIL >,-//.//A .//%//% i.//i1 : o" STAPLE � .. <O ` � � 12" O.C. � 6" OVERLAP z, • X \ - ANCHOR TRENCH -� -- SECTION0 DOWNSLOPE END STAPLE CHECK I-III- Y X X TO BE USED WHEN SLOPE RUNS INTO A RECEIVING WATER 'II =LI_ I '0 BE USED AT TEE UPSLOPE AND DOWNSLOPE AND CANNOT BE EXTENDED 3 FEET BEYOND SLOPE. -I l ;1111-I __ ENDS OF BLANKET ACROSS THE ENTIRE WIDTH STAP E = I . OF SLOPE JN_ESS SLOPE RUNS INTO RECEIVING !7" (lC- X :A \ NATER. ,SEE DOWNSLOPE END STAPLE CHECK). ,� x x CONSECUTIVE ROLL OVERLAP SECTION X \ Y 4, - : EE USED WI-ERE'VER J'E ROLL JF BLANKET ENDS 40 aNJ AVJT-ER 'BEGINS R:TH THE UPHILL BLANKET 4. ., v v v W 4' W y O :_ACEC JN TJP CF TI-E 8_ANKET ON THE DOWNHILL SIDE. v L Y .Y L v v w • 4 X X X v L 4 y L 4. v. W Y L Y r W W i L .V L ,L L .L 4' y y r B 0�• W W W W W . v. 44 4' 4 it �r W 4 W 4. W W W H. L W W 4'- \` o� ^` C 40 v, W \� G• TYPICAL STAPLE PATTERN P V• y Wy y W W v y y 4. W W v, Wv v'e j � h• FOR SLOPE APPLICATION v.W* W *- W 'k v 4. NY 40 r ^ r ��ao b' EDCE 0 ., y 49 WyW .'� r '1,7 r . OYEFLAP ^' ..• 'r rr, SEA SUES£C' ION 216.04. r �� yr \ r �r ,��.. �\ r 4" EDGE '� r .� ro 5TA 1F ►� ►� iill \\ \ „�^ OVERLAP TIS12 D.C. 36" ./k,, r Fe el ril/rn I- 4 it n \ / 6" COLD OVERLAP k VX 711. - .56"-i STAPLE CHECK NUIE5• SECTION S li SOIL RETENTION BLANKETS/TURF REINFORCEMENT MATS (TRM) I. Z SHAPED FOLD iD BE USED ON SLOPE EVERY 35 FEET UAX'.MI ld SOIL RETENTION BLANKET . 2. STAPLE CHECK LECATIONS SHOULD BE AT IN ACCORDANCE WITH SECI:CN 2:e LEAST 15 FEET FROM THE BOTTOM OF SLOPE. w O t6 SOIL RETENTION BLANKET Computer Fie Information Sheet Revisions o Colorado Department of Transportation STANDARD PLAN NO . P Crec:Ecn Dote: C7/C4 /12 A t 2s: 0. Date: Comments ® ,;_� 4201 East Aransas 222 Last ti'.�.: • citron Dote: 0- - :2 :I t ., _: LTA c Denver, Color ado 80222 Phone: (303) 757-9083 M -208- 1 Fill c = �r � cUot.info/ousness/designsupperI ��"� R 0-awing F e \.:•1•: : _J80105012.dgr I4crr�r!r�r.,sr.*�e Fax: (303) 757-9820 Po Project Development Branch DD/LTA . . _ued By: P-eject Dig -- - A. Sheet CA--4. e-.: Mic-c�tit .r \ � Sale: Not to Scale Units: English _ � Pro 1 P , . . No. 5 of t l Z W w Computer File Information WELD COUNTY Project No./Code Cle 1 elon Date: AUGUST 2014 Initials: CR SOIL RETENTION BLANKET DETAIL g Last Modified Date: 2014-09-08 Initials: JM J _41861�y -- PUBLIC WORKS DEPARTMENT AlPath: P:\P114003WEL\DWG\FINAL SHEET SET `- -:1 ! 1111 H. STREET � P.O.Box 758 Designer CR s ill l ', GREELEY,CO. 80932-0758 H DIMON Fale Name: SOIL RETENTION BLANKET DETAIL . . F :(N))33O7-847 Detailer- JM .7 Moto StationVer: V81 fair AS NOM Units: Englsh ii'=:'A y N H Sheet Subset: Sheet Subset: Sheet Number 45 of 50 a NOTES 1. EROSION LOGS SHALL BE EMBEDDED 2 INCHES INTO THE SOIL. A A 2. STAKES SHALL BE EMBEDDED TO A MINIMUM DEPTH OF 12 INC•CS. 3. EROSION LOGS SHALL BE TIGHTLY ABUTTED WITH NO GAPS. s �\ USE ?W:E W[1:11) 'S ' 4K1 `.: Al Al . Nr EROSION LOG ENDS CR JOINTS '\''' USE A STAKE EVERY 24" ;d ,/, o . AND CONTINUE ALTERNATE i/ ORIENTATION THROUGHOUT THE LENGTH OF R HE EROSION LUG / `'\\\' POINT B // / ❑ POINT A Yr °LINT A / �%,\ / ❑ LI2051UN LUG /Q •\\\// /,' / . / // 'i// CI ❑ / / / / / EROSION LOG PLAN VIEW PLAN VIEW POINT A - 4�P `'S T £5 i PL'1N T A "6-(AT r ?" N 06. •)0° WETLANDS OR FEATURE'; -'UINI 8 r /i f( (Tvp} REQUIRING PRJTECTIO\ / / r \/ice\ .° ° ° o I ° ° ° ;\\i\\//r�//i\///,\/ //�///\//i/ . .� \\, \, \ ° •� , ' /,// ° ° ° r % POINTS A SHALL BE HIGHER THAN POINT 8. ELEVATION % ,..;;; A A ,<:\ ..\�/.�/,\-:i t, - EROSION LOG DITCH INSTALLATION SECTION A-A TYPICAL STAKE INSTALLATION I s f C O N E EROSION LOG APPLICATIONS 8 O J 8 Computer File Informs :ion Sheet Revisions Grection Date: C7,�C F i . Dote: Comments Colorado Department of Transportation TEMPORARY STANDARD PLAN NO. w 4201 Fast Arkansas Ave-n e Last Modi'ica:icn Gaze: 07/04 !12 TA (R-X) ,e� Denver, Colorado 80222 F III Pc:r : ww N.coloradodot.info/aus'ness/designsuppart C�-X) ��, Phone: (303) 757-9083 EROSION CONTROL M-208- 1 �e�1R6� Fax: (303) 757-982G Po Er Fie Vane: 208010212.dgn (;R-X•).e-.: MicroSt-tion VB Scale: Not to Scale Units: English Project Development Branch DD/LTA Isstaa Sy: F ojec: Development 6rar Jr , ,Iy 4, 2012 Sheet No. 2 of 12 - t� w V w r z Computer File Information WELD COUNTY Project No./Code z Crofton Date: AUGUST 2014 Initials: CR EROSION LOG APPLICATIONS 1 Last Modified Date: 2014-09-08 Initials: JM __ se;s' PUBLIC WORKS DEPARTMENT i Ful Path: P: P`,14003WEL`OVVG,FINAL S-IEETSET 1• ` ` r- -• k' 1aoEET �T Designer. CR GREELEY.C.O. 80832-0758 Drawing Ale Name: EROSION CONTROL LOG I , , — �' PHOPE: 9T0)3584000 Detailer JM 7 - FAX: (470)3048497 t Mao Station Ver. V8i Scale: AS NOTED Urdu: English Sheet Subset: Sheet Subset. Sheet Number 46 of 50 C- EROSION LOGS SHALL BE TIGHTLY ABUTTED WITH NO GAPS (TYP-; \ U / _ / / , B -- . , • .. , y 1 ___t. _ . _ _ __ __ / /�/ / _ . .„, . ,_.,. .0.,/ .„ 7 O „ :„., ,,,•� AN ., .. / ,‘„?., ,/ ,, N7 ,77_,.,/,„,„7„,_,,, , ,, ISOMETRIC VIEW PLAN VIEW EROSION LOG / / /\Tj /�/'ice/ 7 / \> STAKES _ _ \/�//�\//\ tea PPIC JE EACH OTHERELY - - - - %/%% . \ SECTION B-5 \/ jj\' �j/�\\/� EOSION LOG CULVERT INLET PROTECTION \ \ •\\ 3 _ - 3' 1L' SECTION A-A t raTs: 041/j// 1. EROSION LOGS USED AT TOE OF SLOPE SHALL BE PLACED 5 `0 10 FEET '� FE"OVD "OE OF SLOPE TO PROVIDE STORAGE CAPACITY. �- 2. EROSION LOGS SHALL 8E PLACED ON ''C CONTOUR, WI-!-I ENDS Fl APED LP Si: ! . 3 < EROSION LOG TOE OF SLOPE PROTECTION / 0 N Mh W E A 0, EROSION LOG APPLICATIONS EROSION LOG CULVERT OUTLET PROTECTION S t C, O 6 Computer File Information Sheet Revisions T I Colorado Department of Transportation TEMPORARYSTANDARD PLAN NO. () rect'en Date: 07/04/12 :niticls: Dote: Comments vw 420: East Arkorsos Ave i Z Lost Modification Dote: 07/04/12 :niticls: SA C W�`� Denver, Co oradc 80222 < , _____ Phone: (303) -9083 EROSION CONTROL. M -208- 1 o full Path: www.coloradodol.info/bus:ness cdotot.info/bus:riess/de:;ignsuppor t (tl-X cc 14 - — - M „ =flrrr Fax: (303) 757-9820} E Drawing Fie Name: 20801030i2.cgn C 1 cr Ju:y 4, 2312 S Bra w CAD 'Ver.: A�icrv:: on V8 Scale No: to Scale Uris E�Glsr 'a.;ed By: Prc:ect Developrne, Brandheet No. 3 of 1 Project Development Branch DD/LTA :s LL: CO Computer File Information WELD COUNTY Project No./Code -- Crater Date: AUGUST 2014 Initials: CR EROSION LOG APPLICATIONS 1 .- o Last Modified Date: 2014-09-O8 Initials: Jh1 ,8b;V,- RA Path: P',P,74003WELDWGIFINAL SHEET SET - - PUBLIC WORKS DEPARTMENT ` r — • ' PO.. O 58 xX 758 Designer CR • GREELEY. CO. 80832-0758 I. ' $ Drawing Ale Name: EROSION CONTROL LOG ,' , PHONE: (970)358-4000FAX: (970)304-8497 Retailer JM s Mao Staten Ver. V8i Sado: AS NOTFD Units: English Sheet Subset: Sheet Subset: Sheet Number 47 of 50 a WELD COUNTY : ST. VRAIN RIVER AND BOULDER CREEK SEED MIX Western Wheatgrass (Arriba. Barton. Rosana) 2 lbs. / acre Smooth Brome (Lincoln. Manchar) 3.5 lbs. / acre Sideoats Grama (Vaughn , Butte, Niner, El Reno, Haskell) 1 lbs. / acre Blue Grama (Hachital. Lovington) 1 lbs. / acre Saltgrass (Fults Alkaligrass) 1 .5 lbs. /acre Switchgrass 1 lbs. /acre Crested Wheatgrass (Hy-Crest) 1 .5 lbs. / acre Slender wheatgrass (San Luis, Revenue) 2 lbs. / acre Sand Dropseed 0.25 lbs/acre Perennial Ryegrass 0.25 lbs. /acre Total: 14 lbs/acre 1 ) If seeding cannot be accomplished due to seasonal constraints. apply mulch and mulch tackifier to the slopes for temporary erosion control. Maintain temporary mulch until permanent seeding is allowed. 2 ) Prior to permanent seeding prepare soil and. if required. incorporate topsoil , amendments and fertilizer. 3 ) Drill seed disturbed areas flatter than 2: 1 . 4) Broadcast seed and rake into the soil on slopes 2: 1 or steeper, double to triple drill seeding rates. 5 ) Hydroseed only where 20 inches per year or more of precipitation occur and when slopes are 2 : 1 or steeper. Double to triple the hydroseedingrates. 6 ) Permanent and temporary seeding shall occur throughout construction . O V O N E c i b C Cr) Computer File Information WELD COUNTY Project No./Code - Cree6on Date: AUGUST 2014 Initials: CR SEED MIX o Last Modified Date: 2014-08-28 Initials: Jh1 FtJ Path: P:lP 11, -t14003WELDWGIFINAL SHEET SET - - PUBLIC WORKS DEPARTMENT 4 � 'P.O BOX 75 STREET 8 Designer CR • GREELEY. CO. 80832-0758 • I ` ', PHONE: (970)358-4000 $ 018W1ng File Name: SEED MIX FAX: (470)304-8497 Detwiler JM Mao Station Ver: V8i Sale: AS NOTFD Units: Fngbh Sheet Subset: Sheet Subset: Sheet Number 50 of 50 EXHIBIT NOTE: The following are items of work to be completed by Weld County: • Materials Quality Acceptance Testing • Construction Inspection RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids , Drawings , Specifications and other Contract Documents . Addendum No . / Date: Ct .. t2 l - t 5 By: 4-,f.--em— Addendum No. Date: By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed . The undersigned , by his or her signature, hereby acknowledges and represents that: 1 . The bid proposed herein meets all of the conditions , specifications and special provisions set forth in the Request for Bid for Request No. #B1500162. 2 . The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3 . He or she is authorized to bind the below-named bidder for the amount shown on the accompanying proposal sheets . 4 . The signed bid submitted , all of the documents of the Request for Bid contained herein (including , but not limited to, product specifications and scope of services) , and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5 . Weld County reserves the right to reject any and all bids, to waive any informality in the bids , and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. F I R M LE- ‘Okitoy6c viviv M Leo #914-70 I BY t .% ,,, t-� 1 1 1 1 (Please print) BUSINESS ADDRESS 17 7 �' E2 a DATE 9"g - � S CITY, STATE , ZIP CODE /0 4 6''O TELEPHONE NO 3 770 Mc' ? FAX 30 5*. ti CV TAX ID # - V? 31 128 SIGNATURE ,S ' ragetSoff E—MAIL � r -�� 07 4 e r� Oic :U r) k#-OO 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 - 10. BID NO # B1500162 Page 13 W x 'n 0 _ 0 0 In\ 6 0 -I . Q -� ` rS Q Q \ r' O q .fl ti r ' p � � T A IN> N. Cr(\ -..' ,r\ � > O I- (f3 e e e e (A ta (fl el e3 (4. S (ft (fl Pr. 0 W — O ',,• Q E a % '� R o ke'2. Dr\ji -. <a = . .W. 64 (fl (f} 4f} Ea Eft ER ffl S (f3 69. f& ii3 ffl as o ,N, •� @ o en V n' a 0 W IY L m � � r O co Qs) o Cl) i cz ~ V to I- } CO I I- i Q p I-- o o uo o w Z r LO r 0 0 r— r M O N O O r- m Q c- tt It CO 1 to O 6 r Es CO I_- U >- LL U >- >- Q (n Q Q CC } } Q w Z < 0 -i < w to W -J W W = -, -- I-1- iii J _ Z Q C1 m N_(I)Y Cl) 0 °' H C Z Ci —1O 2 -J CO {— w m 0 c z l 0 Z ZO W r_ 7 N ...- H W 0 2 H 2 ° v w00 Cl, z o zQW � cn z Q o m � 0 gaup 2 ix op ^ zWUan ~ � c o°LEL p I- o z • O0 (6 EL U o W 5 I- ZO °po s Z Z > w O u_ o v 0 000 O W O z F. > t-- 3 0 0 0 U CC Z -IoOWaW ,< cc r o ? UUO J Q - f� U H W WWn W O I- a W 2 O F- a. F— u N cD r 0 0 to TOE • r- N- co N cD CO 0 (0000000 W O .OOOr r r N N cn cD r) cM M O I-- Z N N N N N N CC) cD cD CO cD CO CO N- 0 a Um J 0 W - 0 F. 669et> et, 69 69 69 Eft 6969Ea0909e v o L W - • o '3k► U EY r� n 0 ;r a 1 Z p 1 O LA : \ D r.r• V) -: \e‘ -42 v� �' t N 0 `' t3` N '°N .A o W (�, -re r"� ,�v. " 'i � ---‘d 'a m .' O 01 , ,,,„Z I—_ -' ( � �c J M tn N 0 Z 2 N. M O P i o ,n co co O z N P c d O r r u) r` co to 0O r co t"' m Q O N O N r C W I m m a a Ih ,, r W vt Ce M F U > IL U >- >- Q (1) Q Q 1 } } Q 05m = Q U - Q CO CO W —� W W = O O (y M g W C) Z Q t' JN (1) to W N W 2 • J ^ J C Z 0 Z 0 a CC 3 Z Z W 0 0 0 - d O O w m ~ N E- Q ❑ to U W 2 W 0 W Q O a o Z O Y -7. 1- >W � �( a Q U m m Y O , ma CO _j 0 a a.ri W L.L .J - J W it U i_ > Z W U Q _J Z u) ry ty Z i4.. 1- OF_ ZEOo - Uz0W I- H. o °6 ;4. Ozz > ° ° LLo00 co ° .. W O Z U Z ,---, Z O !- ft W Q ❑ Z U U O — O Z w a }_ U U U z ZZ 0 ° W W WOjac(n 0 .§ § § .__< LL H H U- N 2 0 • r- N CO N (p (0 d (0 O O O d d w 0 O O d r- r- r (N N C7 M c`33 M M dLo Fez N N N N N N (o (0 co co () (D CO N m O z O E BID BOND PROJECT: TRM INSTALLATION FOR EM -BR34-17A & EM-BR19.5-36A KNOW ALL MEN BY THESE PRESENTS, that All Cowboy Erosion Control, LLC as Principal, and Merchants National Bonding, Inc. as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of Five Percent of Attached Bid Bond Dollars ($ 5% of bid bond ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated September 10 , 2015 for the TRM INSTALLATION FOR EM-BR34-17A & EM-BR19.5-36A,as set out in the accompanying Bid. WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform . NOW THEREFORE, if the principal shall, within the period specified therefore: A On the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B. Withdraw said Bid within the time specified , or C Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this 31st day of August , 2015 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing board. Principal Address 18277 CR 22, Fort Lupton, CO 80621 ATTEST: r By: By: Surety Merchants National Bonding, Inc. ATTEST: Address PO Box 14498, Des Moines, IA 50306-3498 i!YjilLM__O‹ als—m".. .........---"--"sir"m"....sagadjuse BID NO # 81500162 Page 14 MERCHANTS BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC , both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Dionne Perez; Donna Birleffi; Michael J Schmitt their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver on behalf of the Companies, as Surety, bonds, undertakings and other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TEN MILLION ($10,000,000.00) DOLLARS This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011 . "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed" In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State ofFlorida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 15th day of August 2015 •'''' #ili##""'� • ' • - sip . • MERCHANTS BONDING COMPANY (MUTUAL) `��••\I•\ t • .. s/ '•.,,• ••N�\.iG CQ77A• MERCHANTS NATIONAL BONDING, INC. -0 _ U • 1- . . o- 0 • ei v'•. y 910, 777z....... 2�:�� : � , •. 933 •: ti: B es: v........ • tr. . ise,;. • •...4% • STATE OF IOWA •�•4''•�,..,,.,r ,..),,,,..••••••••.r:•••• 1 •��►�''•,• • • •• y^r •. COUNTY OF Dallas ss. President On this 15th day of August , 2015 , before me appeared Larry Taylor, to me personally known, who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. .,ottr4, WENDY WOODY a ≥ Commission Numbe; 784654 o': My Commission Expires trio. June 20, 2017 Notary Pubh , County, Iowa (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 31st day of August , 2015 . ................... • • • co cQ •• ••i;t• z; -0 - a : : 2. = Y? ; : cp '-': Secretary 3 a • e 1933 ,•c ' 0•, 2So �3 • ti : • tee • 4 + K\ • i , I �� • • i f •• . POA 0014 (6/15) hxmrt '-9 Request for Taxpayer Give Form to the Hey. August 2013) Identification Number and Certification to Do not fk.partnnnt of the Tmeskag send Internal rltv,anue Service Nance (as shown on your Income tmc return) Business name/disregarded entity nacre, if d4feeent from the. d1G.- Co fro y c'V x'Q co4re"o / (.:tieck appropriate box for faded tax classification: Gxcrnpttons(see innttuctarra): J lndividtralisofo proprietor O C Cort>txatron U $ Corporation El PairtnerAt(p I Truwt/4 tats p Exempt payee this It any) t hinted lislrility company Enter !ha tax dgrcc ratirtkn (C_C oott:orat(rstr, 848 rxnpexalion, P=ptrinervtiip)► O Exemption on from I A iCAreperting IMO (it anVi ri o 71_ ma (sac instructions'''. '3 Address (number, street. and apt. at teurtc no.) Requester's name and aticlrtxrs(optional) a Z:991 77 CA n co m fry, state, end ZIP code fort fo / e0 e e;e7 amount n (a)here (ophawd) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line Social tecuiity number to avoid backup withholding. For individuals, this is your social security number (SSN). However. for a ' resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entitles, it is your employer identification number(FIN). If you do not have a number, see How to get a - TIN on page 3, Note. It the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter, 96 - y73n0 Part II Certification Under paneities of perjury, I certify that: 1. The number shown on this form is my correct taxpayer Identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding beccuce: (a) I am exempt from backup withholding. or (h) i have not been notified by the internal Revenue Service (IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c)the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below), and 4 The FATCA codas) entered on this form (11 any) indicating that E am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above it you have been notified by the IRS that you are currently subject to backup withholding because you have tailed to report ail interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the oerttlication, but you must provide your Correct TIN.. See the instructions on page a Sign Signat„a of Here US. person OP Ain' t/ rhos F �'� l General Instructions withholding tax on foreign partners`Aare of eaffectively connected intxma, and 4.Certify that FNMA tYde($)entered on Otte form (d any) indicating that you aro Seutiwa references are to the Internal Ftaventee rode runless otherwise noted. exempt from the FATCA reporting, is cowed. Future developments. Thu IRS has created a pasta cri) ItIS,0Iov for trWe1Metion Note. If you we a U.S. person and a r°clue suer gives you a form other than From about F oim W.I),at agyvyantgoviwii. Information about any future dovelopmonts W-9 to request sera TIN,you must use the tarnitkvter':r form if it stutaatctu•ualty affectiig Form WO(such as legislation enacted alter we release it)vial be pasted similar to this Form W-l7. on that pane. Definition ol a US, person. For fedora tax purpose%you arty co vaicforad a U.S. Purpose of Form persist it you we: A person who is reoqiired to file an information r ltsn with the IRS must obtain your ' An individual who is a US'. citizen or US. resident alien, e tenor t taxpayer identification number (t'1N) to report,for example, income paid to •A partnership, corporation, tympany, tx uatociatiai created cx organized in the you, payments manse to you in settlement of payment card and third party network tinkled States or slider they laws of the United Stator:, transactions, real estate transactions, mortgage interest you paid, acgedcition or • An estate (other than a teleran etstate). of .lea nac'nwwnt ol secured property, cancellation of debt, 'a contributions you mettle to an ILIA. •A domestic truest (as defined in Regulations section 301.7701-7). Use Form W.n only if you are a(1.$. poison @naudirng a ra cide nt alien), to Special ruin for partnerships. Partnerships that conduct a trade or humerus in provide your correct I IN to the person requesting it (the requester) and, wtwai the United Slates are panetaUy squared to pay a ,4thhstdrng lax tinder section apphcable, to: 1446 on cry foreign partners'Awe of offirictively connected taxable inoamn from such business.Further, in certain erases where al orm W-9 has not been meowed. f. Certify that the TIN you are giving is craned (or you are waiting for a number the rules under section 1446 require a partnership to presume that n partner ut to he isoueesi), formers parson. and prey die auction 1446 withholding lex. Thatnlcae. if van are a Z. Certify that you are not subject to backup wdhitoktittyl, or U.S. purr(*$Owl ix a partner in is psutnerrhp uarulidinng a trade or business in the 3. elan oxatrepticet tram backup withholding if you are a U.S. exempt payee. ft United States.provide t errors W t)to the partnashp to establish yin U.S. status aipplit wi�lta, yrxt are also cwtiryiny that as a U,S, person,your allocable stare of and avoid section 1446 withholding on your shares of partnership income. any pietnarvhip itirxanrt horn A as. trade or business irk nal subject to this Oat. No. 10231X Fans W-9 (Rev. 84013) BID NO # B1500162 Page 16 STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT' - All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable, responsible and qualified bidder as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. 1 Name of Bidder (Company or Firm),* C ea cue* & 'O,5 :opt Co I fare 2. Permanent main office address' / Q1 , .7 a. rn 410 806'x/ Phone Number: 307 WO ? BO Fax Number: 2 0_3 5 34 9 d 3. Year Company was organized: Roo 9 4. Number of years this Company has been engaged similar construction: 6 Under what firm, company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work? 5. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: L'eid Ownj Pao/64,e+.7 $ P3 oa $ /0? - 3/ - is- //t-c-‘40 3 V 5a2er, t $ t, .5 3 2 /04 - 3/- 15 b u' 96 14/1; .w.1 ear $ 13E, s5-5-- /o_ 3i 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. 1) 2) ri 7. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. r curie 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. /1O4e BID NO # B1500162 Page 17 9. List all contracts within the last 3 years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request 10. Has any owner, as party to any of the Company's contracts within the last 3 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc., or attempted to have the performance bond invoked? If yes, explain in detail. no re- 11 Describe all contracts that the Company failed to complete. 410/P 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. Rorie_ 13. List all or a maximum of three (3) of the most recent project, 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: t -'e/li ec,c- ",, 6 /t eat( &'OOO, ec47Crd / Location: (41e/4 COcwt r Supt: &?ttc /2 a `L44- at Owner's Representative: X6i`!. i/o? /a:we Phone: 170 30 / 7422 Completion Date: 1) - ,-/ y Contract Amount: 1Y 5) ow Project Name: CR 22- /CR 'r 2,7 %o Location: a Rol / GI VP 74 f seCNd 1 Supt: 6/'Ac " Owner's Representative: G4/l C''Ufl far to fA- Phone: 970 3 °`7 6 frig. x' 3 7%r Completion Date: /-3/15- Contract Amount: /OP?/ 762 5/ BID NO # B1500162 Page 18 Project Name: 1 746 Ea 511-- Location: SaSFe u,r`c r et ✓onj o Supt: 6/49 ,3let-la-01 Owner's Representative: Jew Phone: 120 ',20 3 77 Completion Date: I-15-- / 4" Contract Amount: 2 UV v 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 RoLa/cy' _Seery 11/o✓?aA5 1 cc c: nny /3 15. List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc. NAME TITLE YRS. EXP 1yLe4 a &tti in Prgyyct •l.,,ap.et 13 4 e ,tm 16. List all lawsuits previously filed against or currently pending against you , the Company or any officers of the Company. hon, BID NO # B1500162 Page 19 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. cg Dated this day of See } , 2015 Bidder4LC - &, t-t-.COcY G 'vs"'o4 co 4-O / Company By: / �- Signature Name: bi'yt eh 6 a 44 VII - (Please Type) Title: 0 C-c.' NOTARY County of r &kc / -s ) ss. State of Co(cin« 13 yC Pc'- N� being duly sworn, deposes and says that he is (\_ of (Title) ro St o ,I Ck 1'e/ , and that the answers to the foregoing questions and all (Company Name) statements therein contained are true and correct. Subscribed and sworn before me this _ day of Sp*Sr-i"oQC , 2015. XAVIER I RIVERA NOTARY PUBLIC (SEAL) STATE OF COLORADO NOTARY 10 20134073212 MY COMMISSION EXPIRES NOVEMBER 2t, 2017 l � - .21 - 10 7 Commission Expires Notary Public BID NO # B1500162 Page 20 CERTIFICATIONS CIVIL RIGHTS PROJECT: TRM INSTALLATION FOR EM-BR34-17A & EM-BR19.5-36A The undersigned is fully aware that this contract is wholly or partially federally funded, and further, agrees to abide by the: Civil Rights Act of 1964, Title VI, as amended, that provides no person on the basis of Race, Color, or National Origin shall be excluded from participation, denied program benefits, or subjected to discrimination. And, Civil Rights Act of 1968, Title VIII, as amended, will not discriminate in housing on the basis of Race, Color, Religion, Sex, or National Origin. And, Rehabilitation Act of 1973, Section 504, as amended, that no otherwise qualified individual shall solely by reason of his or her handicap be excluded from participation and/or employment, denied program benefits, subjected to discrimination under any program receiving federal funds; And, Housing and Community Development Act of 1974, Section 109, as amended, that no person shall be excluded from participation (including employment), denied program benefits, or subjected to discrimination on the basis of Race, Color, National Origin, Sex, Age, and Handicap under any program or activity funded in whole or part under Title I (CDBG) of the Act. And, Age Discrimination Act of 1975, as amended, that no person shall be excluded from participation, denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving federal funds. And, Americans with Disabilities Act of 1990, as amended, that there shall be no employment discrimination against "qualified individuals with disabilities." And, Executive Order 11063, that no person shall, on the basis of race, color, religion, sex, or national origin, be discriminated against in housing and related facilities provided with federal assistance, or lending practices with respect to residential property when such practices are connected with loans insured or guaranteed by the federal government. And, Executive Order 11246, as amended, that no person shall be discriminated against, on the basis of race, color, religion, sex, or national origin, in any phase of employment during the performance of federal or federally assisted construction contracts in excess of $10,000. EQUAL EMPLOYMENT OPPORTUNITY During the performance of the contract, the CONTRACTOR agrees as follows: 1 . The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, creed, sex, color, national origin, familial status, religious affiliation or handicap. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex, color, national origin, familial status, religious affiliation or handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the GRANTEE setting forth the provisions of this non-discrimination clause. 2. The CONTRACTOR will, in all solicitation or advertisements for employees placed by or on behalf of the CONTRACTOR for the GRANTEE, state that all qualified applicants will receive consideration for employment without regard to race, creed, sex, color, national origin, familial status, religious affiliation or handicap. 3. The CONTRACTOR will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 4. The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the GRANTEE'S Department of Housing and/or BID NO # B1500162 Page 21 Community Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 5. In the event of the CONTRACTOR'S non-compliance with any provision of this contract or with any of such rules, regulations or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 6. The CONTRACTOR will include the provisions of the subparagraphs 12 (a) through (f) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provision will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the GRANTEE'S Department of Housing and/or Community Development may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that in the event the CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the GRANTEE'S Department of Housing and/or Community Development, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS SECTION 503 (if contract $25,000 or over) 1 . The CONTRACTOR will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The CONTRACTOR agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 2. The CONTRACTOR agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 3. In the event of the CONTRACTOR'S non-compliance with the requirements of this clause, actions for non- compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 4. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the CONTRACTOR'S obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. 5. The CONTRACTOR will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the CONTRACTOR is bound by the terms of Section 503 of Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. 6. The CONTRACTOR will include the provisions of this clause in every subcontract or purchase order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor with respect to any subcontract or purchase order as the Director of the Office of Federal contract Compliance Programs may direct to enforce such provisions, including action for non-compliance. ACCESS TO RECORDS AND RECORDS RETENTION The undersigned certifies, to the best of his or her knowledge and belief that: _ ! BID NO # 81500162 Page 22 1 . The individual, sole proprietor, partnership, corporation, and/or association agrees to permit the County of Weld, State of Colorado Department of Local Affairs (DOLA), U. S. Department of Housing and Urban Development (HUD), and the Office of the Inspector General and/or their designated representatives to have access to all records for review, monitoring, and audit during normal working hours. 2. The individual, sole proprietor, partnership, corporation, and/or association agrees to retain all records for at least five years following the "official State of Colorado Department of Local Affairs (DOLA)"Closeout" date of the grant or the resolution of all audit findings, whichever is later. CONFLICT OF INTEREST The undersigned is fully aware that this contract is wholly or partially federally funded, and further, by submission of the bid or proposal that the individual or firm certifies that: 1 . There is no substantial interest, as defined by Colorado Statutes, with any public official, employee, agency, commission, or committee with Weld County or DOLA. 2. Any substantial interest, as defined by Colorado Statutes, with any public official, employee, agency, commission, or committee (including members of their immediate family) with Weld County that develops at any time during this contract will be immediately disclosed to Weld County and DOLA. ANTI-LOBBYING CERTIFICATION The undersigned certifies, to the best of his or her knowledge and belief that: 1 . No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this Certification be included in the award documents for all sub-awards to all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. CERTIFICATIONS SIGNATURE FORM Return this page with proposal. These Certifications (Civil Rights, Equal Employment Opportunity, Affirmative Action for Handicapped Workers - Section 503, Access to Records and Records Retention, Conflict of Interest, Lobbying) are a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of these Certifications is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31 , U. S. Code. (typed name of official) (signature of official) BID NO # B1500162 Page 23 CONTRACTORISUBCONTRACTOR CERTIFICATIONS PROJECT: TRM INSTALLATION FOR EM-BR34-17A & EM-BR19.5-36A Grantee must require that prospective bidders complete and incorporate the following certifications as part of their bid submittal package. EQUAL EMPLOYMENT OPPORTUNITY - EXECUTIVE ORDER 11246 SECTION 3 & SEGREGATED FACILITIES CERTIFICATION NON-COLLUSION AFFIDAVIT OF PRIME CONTRACTOR BID NO # B1500162 Page 24 CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY PROJECT: TRM INSTALLATION FOR EM-BR34-17A & EM-BR19.5-36A INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such a report is submitted. CERTIFICATION BY BIDDER L�- GO -cioG,11 G ro-c1 d ,1 {, ( r0 , 7 eie eRc)._ F,•'± "At hi ea0 NAME AND ADDRESS OF BIDDER (Include ZIP Code) 1 . Bidder has participated in a previous contract or subcontractor subject to the Equal Opportunity Clause. Yes No 2. Compliance reports were required to be completed in connection with such contract or subcontract. )O Yes No 3. Bidder has filled all compliance reports due under applicable instructions. Yes - No 4. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended. Yes y No z>.-v. % 41 tc.t.L / NAME AND TITLE OF SIGNER (Please type) 2 . . ;, .17 SIGNATURE DATE BID NO # B1500162 Page 25 CERTIFICATION OF CONTRACTOR REGARDING SECTION 3 AND SEGREGATED FACILITIES PROJECT: TRM INSTALLATION FOR EM-BR34-17A & EM-BR19.5-36A ALL Co c y CPc15teg don J4iv/ Ti9I" J s'b"a/<c a4 %.p? - et 3 i1 /7,4 Name of Contractor or Sub-Contractor Project Name and Number The undersigned hereby certifies that: (a) Section 3 provisions are included in the Contract if this is a Section 3 project. (b) No segregated facilities will be maintained as required by Title VI of the Civil Rights Act of 1964. Name and Title of Signer (Type of Print) ignature Date BID NO * B1500162 Page 26 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER PROJECT: TRM INSTALLATION FOR EM-BR34-17A & EM-BR19.5-36A State of (T ) County of A d ) ss. Viccy Gei\ 1\2> u v being first duly sworn, deposes and says that: (1 ) He is r e.\-- of 4t e_o,v6Oy Sc /o21 r/r:ji ? , the Bidder that has submitted the attached Bid; (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest,lncluding this affined, has in any way colluded, conspired, connived or agreed, directly or indirectly with another Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix an overhead, profit or cost element of the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the (Local Public Agency) or any person interested in the proposed Contract; and (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including is affined. (Signed) Title a w ht7 Subscribed and sworn to me this - ±I day of > ( M , 2015 By �' Not r�'f�ublic XAVIER I RIVERA My Commission expires: a - 2/ "- 20 17 NOTARY PUBUC STATE OF COLORADO NOTARY ID 20134073212 MY COMMISSION EXPIRES NOVEMBER 21, 2017 BID NO # B1500162 Page 27 Section 3 Certifications PROJECT: TRM INSTALLATION FOR EM-BR34-17A & EM-BR19.5-36A This section should be included in all Section 3 covered contracts. The CDBG Program will notify those grantees who have Section 3 covered activities. Delete this section and the Section 3 forms if not applicable. THIS PROJECT IS IN WHOLE OR IN PART FEDERALLY FUNDED AND THE SUCCESSFUL BIDDER WILL BE REQUIRED TO ADHERE TO SECTION 3 PROVISIONS DOLA will monitor compliance with such provisions and standards for Weld County. The successful bidder will be required to complete the following forms in order to comply. A brief explanation of the form and when the form is to be submitted to DOLA is listed below. Should you have any questions concerning Section 3 or the forms to be submitted, please feel free to contact the DOLA CDBG Program Coordinator. BID NO # B1500162 Page 28 SECTION 3 BUSINESS SELF-CERTIFICATION This form is to be completed by the contractor if applicable, and submitted as a part of the bid package or within 3 days of contract award. The bidder completes this form to qualify as a Section 3 business concern. Project Name: PROJECT: TRM INSTALLATION FOR EM-BR34-17A & EM-BR19.5-36A Number: To be assigned by DOLA at a later date Contractor Name: Att- C2,1icc y d/9s; Oil CO 4 t/d/ It is the policy of the Congress and the purpose of the federal Section 3 policy to ensure that the employment and other economic opportunities generated by federal financial assistance for housing, economic and community development programs shall, to the greatest extent feasible, be directed toward low and very low income persons, particularly those who are the recipients of government assistance for housing. Does your business qualify as a Section 3 business? _ Yes )( No To qualify as a Section 3 business, you must meet one or more of the following three criteria (please check all that apply as per 24 CFR, Subchapter B, Part 135.5): Is owned (51 % or more) by Section 3 residents (defined below *) Employs in permanent, full-time positions, at least 30% persons whom are currently Section 3 residents OR whom were Section 3 residents within three years of the date of first employment with the business Provides evidence of a commitment to subcontract in excess of 25% of the dollar award of all subcontracts to be awarded to businesses that meet one of the above definitions. * Section 3 residents are persons who either live in public housing or are at or below the following income qualifications (available from your Project Monitor or at HUD.GOV): http://www.huduser.orq/portal/datasets/Wil2013/select Geography.odn) COUNTY Type of 1 2 3 4 5 6 7 8 Household Person Person Person Person Person Person Person Person Weld Moderate Income I certify that the above information is accurate, and agree to provide records upon request for verification of my eligibility as a Section 3 business. Signature Title Name (printed) Date /4 4- 6-0 4--41 c y ..r:_-)3„ 4,4 tc)-26-0 ( 7 -e 7 (typed name of entity) (date) BID NO # B1500162 Page 29 SECTION 3 RESIDENT CERTIFICATION Project Name: PROJECT: TRM INSTALLATION FOR EM-BR34-17A & EM-BR19.5-36A Contract Number: To be assigned by DOLA at a later date. I qualify as a Section 3 resident because: ❑ I reside within the and County and my income is under 80% of area median income according to the income scale provided. I am NOT a Section 3 Resident. Company Name (print) /G 6ws%ov1 `1.,Co / Employee Name (print) 1,Ye.—tc,,, 12:-4-44- t"l Signature /y�'�� ,_ — Date 98 --7C— Weld County 80% of Median Income by Family Size (Income Limits available at HUD.GOV: htto://www.huduser.org/portal/datasets/iI/11201 3/select Geoaraphv.odn) COUNTY Type of 1 2 3 4 5 6 7 8 Household Person Person Person Person Person Person Person Person Weld Moderate County Income BID NO # B1500162 Page 30 Bond # COC64232 PERFORMANCE BOND ( PAGE 1 OF 2 ) PROJECT : TRM INSTALLATION FOR EM -BR34-17A & EM -BR19 .5-36A KNOW ALL MEN BY THE PRESENTS ; that All Cowboy Erosion Control, LLC ( Name of Contractor) 18277 CR 22/ Fort Lupton, CO 80621 (Address of Contractor) LLC , hereinafter called Contractor, and a (Corporation , Partnership , or Individual ) Merchants National Bonding, Inc . ( Name of Surety) PO Box 14498_Des Moines, IA 50306- 3498 (Address of Surety) hereinafter called surety , are held and firmly bound unto Weld County, Colorado ( Name of Owner) P . O . Box 758 , 1111 H Street , Greeley, Colorado 80632 (Address of Owner) I hereinafter called Owner , in the penal sum of $ 247, 553 . 90 Dollars , ($ ) , in lawful money of the United States of America , for the payment of which sum well and truly to be made , we bind ourselves , successors and assigns , jointly and severally firmly by these presents . THE CONDITION OF THIS OBLIGATION is such that whereas , the Contractor entered into a certain Contract with the Owner , dated the 30th day of September , 2015 , a copy of which is hereto attached and made a part hereof for the construction of: PROJECT : TRM INSTALLATION FOR EM -BR34-17A & EM -BR19 .5-36A described in the Invitation for Bids , Bid No . B1500162 . NOW THEREFORE , if the Contractor shall well , truly and faithfully perform its duties , all of the undertakings , covenants , terms , conditions , and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period , and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so , and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void ; otherwise to remain in force and effect. PROVIDED , FURTHER , that the said Surety for value received hereby stipulates and agrees that no change , extension of time , alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond , and it does hereby waive notice of any such change , extension of time , alteration or addition to the terms of the contract or to the Work or to the Specifications . PERFORMANCE BOND ( PAGE 2 OF 2 ) PROJECT : TRM INSTALLATION FOR EM -BR34-17A & EM -BR19 . 5-36A PROVIDED , FURTHER , that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied . IN WITNESS WHEREOF , this instrument is executed in two (2) counterparts , each one of which shall be deemed an original , this 1st day of October , 2015 . All Cowboy Erosion Control, LLC Contractor By 1>L4Sea, ontractor) Secretary ( SEAL) 18277 CR 22, Fort Lupton, CO 80621 G{Witness as to Contractor) (Address) 1 7; n tivp-Hm to mind (Address) ATTE • Secretary (SEAL) r By .ness as to Surety atrleffi Attorney- in- Fact 8213 W . 20th Street, Greeley, CO 80634 8213 W . 20th Street, Greeley, CO 80634 (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 . I LABOR & MATERIALS PAYMENT BOND ( PAGE 1 OF 2) PROJECT : TRM INSTALLATION FOR EM -BR34-17A & EM -BR19 . 5-36A KNOW ALL MEN BY THE PRESENTS ; that All Cowboy Erosion Control, LLC ( Name of Contractor) 18277 CR 22, Fort Lupton, CO 80621 (Address of Contractor) LLC , hereinafter called Contractor, and a ( Corporation , Partnership , or Individual ) Merchants National Bonding , Inc. ( Name of Surety) PO Box 14498, Des Moines, IA 50306- 3498 (Address of Surety) hereinafter called surety , are held and firmly bound unto Weld County , Colorado ( Name of Owner) P . O . Box 758 , 1111 H Street, Greeley , Colorado 80632 (Address of Owner) hereinafter called Owner , in the penal sum of Two hundred forty seven thousand , five hundred fifty three 90/ 100 Dollars ($ 247, 553 . 90 ) , in lawful money of the United States of America , for the payment of which sum well and truly to be made , we bind ourselves , successors and assigns , jointly and severally firmly by these presents . THE CONDITION OF THIS OBLIGATION is such that whereas , the Contractor entered into a certain Contract with the Owner, dated the 30th day of September , 2015 , a copy of which is hereto attached and made a part hereof for the construction of : P ROJECT : TRM INSTALLATION FOR EM -BR34-17A & EM -BR19 .5-36A described in the Invitation for Bids , Bid N o . B1500162 . N OW , 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 . LABOR & MATERIALS PAYMENT BOND ( PAGE 2 OF 2) PROJECT : TRM INSTALLATION FOR EM -BR34-17A & EM -BR19 . 5 -36A PROVIDED , FURTHER , that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder , whose claim may be unsatisfied . IN WITNESS WHEREOF , this instrument is executed in two (2) counterparts , each one of which shall be deemed an original , this 1st day of October , 2015 . All Cowboy Erosion Control, LLC Contractor . ., ,<. - _ir By_Ar&i,- - Contractor) Secretary /,,/- r ( SEAL)77 ----e-----7 ____,,,,. ----em �, f �' � 18277 CR 22, Fort Lupton, CO 80621 ,A triess as to Contractor) (Address) ex (41,)-77 C12, 2-9? rfr: O) , P6,2.1 t(tbv\ I (Address) ATTEST : (Surety) Secretary (S L) ._____.---Th By ( - ___-----a) W . ness as to Surety Attorney- in- Fact Donna Birleffi 8213 \N . 20th Street, Greeley, CO 80634 8213 W . 20th Street, Greeley, CO 80634 (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 . y lB RC HA.N T75 BONDING COMPANY-M POWER OF ATTORNEY Know All Persons By These Presents , that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING , INC . , both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make , constitute and appoint, individually , Dionne Perez ; Donna Birleffi ; Michael J Schmitt their true and lawful Attorney(s)-in-Fact, to make , execute , seal and deliver on behalf of the Companies , as Surety , bonds , undertakings and other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TEN MILLION ($ 10,000,000.00) DOLLARS This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23 , 2011 and adopted by the Board of Directors of Merchants National Bonding , Inc. , on October 24 , 2011 . "The President, Secretary , Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company , and attach the seal of the Company thereto , bonds and undertakings , recognizances , contracts of indemnity and other writings obligatory in the nature thereof. " "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond , undertaking . recognizance , or other suretyship obligations of the Company , and such signature and seal when so used shall have the same force and effect as though manually fixed . " In connection with obligations in favor of the Florida Department of Transportation only , it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation . It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee , shall not relieve this surety company of any of its obligations under its bond . In connection with obligations in favor of the Kentucky Department of Highways only , it is agreed that the power and authority hereby given to the Attorney-in--Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- * Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation . In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 15th day of August , 2015 . ,x" `' ' . "`9;' "''i+r • . • • ' • MERCHANTS BONDING COMPANY (MUTUAL) �i,,,�' "% ;, ; ,,� 4 r•,'0 • ,SANG "24' •• MERCHANTS NATIONAL BONDING , INC. el '. 't •ia • c • Z . • r , ♦ L •• • . ..._ • • = • • • ; ,� • ( • _e 1933 : :,:0; cis •, . ,• ,,N. ,,,, • O2,• . i • By 9/4 sory 7 i 7 77,et,........._. ..." I * . • i 1 tt N.. Itle .0VSliii* • • .(eg\Mb 4.4. STATE OF IOWA '4,��.Iffrtrrritall�� ♦ • ' ' • • ' ' COUNTY OF Dallas ss . President On this 15th day of August , 2015 , before me appeared Larry Taylor, to me personally known , who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING , INC . ; and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies ; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors . ,,�''sz4A< S', WENDY WOODY ucra o Commission Number 184054 7 .•-r '�-* =, r. My Commission Expires `` June 20 . 2017 Notary Publi , County, Iowa `-%• (Expiration of notary's commission m does not invalidate this instrument) I , William Warner, Jr. , Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING , INC. . do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies , which is still in full force and effect and has not been amended or revoked . In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 1st day of October , 2015 . / tr-• .?1/4. .p. tiiiv •%... ‘„,-"\,, e•tcto• cci‘ PO /1 • . 11 • ..A .. #1. • 47/6:aajdf-L-CY #' .dl --fairz-f-77:,,a , • 4 1%-sp. , 'w. V • � r • ter• - o ` v • -• • 1'- • —p .� zig • Secretary .~. r do , i ' Q • 1933 .•• - • •eiar •• •• r+,'o,��'/ * 1liit POA 0014 (6/ 15 ) 1.4 �� • • • • • • • . • • 'r ., ,„...a.q, ALLCO-2 OP ID: B3 CORP O DATE (MM/DDlYYYY) A C CERTIFICATE OF LIABILITY INSURANCE 08/31 /2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Donna Birleffi NAME: Rich & Cartmill Ins of CO PHONE 970-356-8030 mac No 974 356-8032 of Colorado LLC ..(A/C mg, Exit Lt____, _1__ 8213 W. 20th Street EMAIL Greeley, CO 80634 ADDRESS: Donna Birleffi _ INSURER(S) AFFORDING COVERAGE NAICa INSURER A : Colony Specialty Ins Co 36927 INSURED All Cowboy Erosion Control INSURER B : Pinnacol Assurance _ 18277 CR 22 Fort Lupton, CO 80621 INSURER c ` INSURER D : .__ INSURER E : _ __ INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE 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 -A15151TYPE OF INSURANCE INSD $URA POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR (NSD wWD (MM/DD/YYYY) (MM/DD/YYYY) A X , COMMERCIAL GENERAL LIABILITY I . EACH OCCURRENCE $ 1 ,000,000 j CLAIMS-MADE I' X I OCCUR X X EPK301632 08/15/2015 08/15/2016 , PREMISES.I~EaoccurTacq) $ 50,000 X X,C,U Liability IVIED EXP (Any one person) $ 5,000 X Pollution PERSONAL & ADV INJURY_ �$ 1 ,000,000 GEN'L AGGREGATE__ LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY rJROT I __ P -I LOC PRODUCTS - COMP/OP AGG $ 2,000,000 JEC ETHER Pollution $ 1 ,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ _La accident) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED I ' SCHEDULED BODILY INJURY (Per accident) $ AUTOS I AUTOS _ ' NON-OWNED PROPERTY DAMAGE $ ' HIRED AUTOS i AUTOS _ Peraccident _ $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A I-XCESS LIAR CLAIMS-MADE EXC301633 108/15/2015 08/15/2016 AGGREGATE $ 1,000,000 DED X RETENTIONS 5000 $ WORKERS COMPENSATION - - --- - - -- X I PER CM- AND EMPLOYERS' LIABILITY , STATUTE _- 1 _LR- B ANY PROPRIETOR/PARTNER/EXECUTIVE Y / " X 4145364 02/01/2015 02/01/2016 E L EACH ACCIDENT $ 1,000,000 i OFFICER/MEMBER EXCLUDED" NIA • (Mandatory in NH) E L DISEASE - EA EMPLOYEE $ 1 ,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT $ 1 ,000,000 A Professional EPK301632 08/15/2015 08/15/2016 Agg 1,000,000 Each 1 ,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) 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 CERTIFICATE HOLDER CANCELLATION WELDCO2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Weld County, Colorado ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Division of Engineering AUTHORIZED REPRESENTATIVE PO Box 758 Donna Birleffi Greeley, CO 80632 © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01 ) The ACORD name and logo are registered marks of ACORD Hello