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Home My WebLink About20151880.tiff NiNgEtiett00 MEMORANDUM 011 r - UNTY TO: Clerk to the Board DATE: July 15,2015 FROM: Richard White, Public Works Department SUBJECT: BOCC Agenda Item RE: Bid#B1500119 Agreement for Construction Services with Mountain Constructors for Weld County Roads 13, 19, and 126 Haul Roads Project. Enclosures: RECEIVED • Agreement • Exhibits A&B JUL 17 Y015 WCOMMISSI0NERS M:\Francie\AGENDA memoa\tichard White docx CoxWax* arca- 02015=/8 80 71 po, Pti)620P&) ea oo7a WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & MOUNTAIN CONSTRUCTORS WELD COUNTY ROADS 13 & 19 & 126 HAUL ROADS PROJECT 10) /W THIS AGREEMENT is made and entered into this day Ji14-1 of 201P 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 " 0" Street , Greeley , Colorado 80631 hereinafter referred to as " County , " and Mountain Constructors Inc . , a corporation] , who whose address is 622 Main Street , Platteville , Co . 80651 , hereinafter referred to as " Contractor" . WHEREAS , Weld County Roads 13 & 19 & 126 are in need of repair as a result of Oil & Gas Industry Traffic , ( 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 these roads , and WHEREAS , County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit 'A' ; and ' B ' WHEREAS , Contractor is willing to perform and has the specific ability to perform the required Construction Services at or below the cost set forth in Exhibit ' 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 as set forth in " Bid Package No . B1500119" . The Request for Bid contains all of the specific requirements of County . Exhibit ' B ' consists of Contractor' s Response to County' s Request for Bid . The Response confirms Contractor' s obligations under this Agreement . 2 . Service or Work. Contractor agrees to procure the materials , equipment and/or products necessary for the Project and agrees to diligently provide all services , labor, personnel and materials necessary to perform and complete the Project described in Exhibit 'A' which is attached hereto and incorporated herein by reference . Contractor shall coordinate with , the Weld County Director of Public Works or other designated supervisory personnel , (the " Manager" ) , to perform the services described on attached Exhibits 'A' and ' B ' . Contractor shall faithfully perform the work in accordance with the standards of professional care , skill , training , diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to °,240 /mft' those described in this Agreement . Contractor shall further be responsible for the timely completion , and acknowledges that a failure to comply with the standards and requirements of Exhibits 'A' and B ' within the time limits prescribed by County may result in County' s decision to withhold payment or to terminate this Agreement . In its sole discretion , the County , by the Director of the Department of Public Works or his or her designee , may extend the time for the Contractor to complete the service or work , by not more than thirty ( 30 ) days . Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein . 3 . Term . The term of this Agreement begins upon the date of the execution of this Agreement by County , and shall continue through and until Contractor' s completion of the responsibilities described in Exhibits 'A' & B ' . Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore , within the thirty (30) days preceding the anniversary date of this Agreement , County shall notify Contractor if it wishes to renew this Contract . 4 . Termination . County has the right to terminate this Agreement , with or without cause on thirty (30) days written notice . Furthermore , this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement . However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services ) become unsatisfactory to the County . If this Agreement is terminated by County , Contractor shall be compensated for, and such compensation shall be limited to , ( 1 ) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County ; (2 ) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice , but which had not yet been approved for payment ; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work . County shall be entitled to the use of all material generated pursuant to this Agreement upon termination . Upon termination , County shall take possession of all materials , equipment , tools and facilities owned by County which Contractor is using , by whatever method it deems expedient ; and , Contractor shall deliver to County all drawings , drafts or other documents it has completed or partially completed under this Agreement , together with all other items , materials and documents which have been paid for by County , and these items , materials and documents shall be the property of County . Copies of work product incomplete at the time of termination shall be marked " DRAFT- INCOMPLETE . " Upon termination of this Agreement by County , Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto , except for compensation for work satisfactorily performed and/or materials described herein properly delivered . 5 . Extension or Modification . Any amendments or modifications to this agreement shall be in writing signed by both parties . No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services . Accordingly , no claim that the County has been unjustly enriched by any additional services , whether or not there is in fact any such unjust enrichment , shall be the basis of any increase in the compensation payable hereunder. 6 . Compensation/Contract Amount. Upon Contractor' s successful completion of the construction of the Project, and County's acceptance of the same , County agrees to pay an amount no greater than $5 , 329 , 160 . 80 , 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 . 4 I 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 o n 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 u nder 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 o perations , 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 u nderwritten 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 o r 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 n eglect 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 ; $ 1 , 000 , 000 Personal Advertising injury $50 , 000 any one fire ; and $500 , 000 errors and omissions . $5 , 000 Medical payment one person Automobile Liability: Contractor/Contract Professional shall maintain limits of $ 1 , 000 , 000 for bodily injury per person , $ 1 , 000 , 000 for bodily injury for each accident , and $ 1 , 000 , 000 for property damage applicable to all vehicles operating both on County property and elsewhere , for vehicles owned , hired , and non -owned vehicles used in the performance of this Contract . Additional provisions : Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following : i . If any aggregate limit is reduced by twenty-five percent (25 % ) or more by paid or reserved claims , Contractor shall notify County within ten ( 10) days and reinstate the aggregates required ; ii . Unlimited defense costs in excess of policy limits ; iii . Contractual liability covering the indemnification provisions of this Agreement ; iv . A severability of interests provision ; v . Waiver of exclusion for lawsuits by one insured against another; vi . A provision that coverage is primary; and vii . A provision that coverage is non -contributory with other coverage or self- insurance provided by County. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies , if the policy is a claims-made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement , and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided , a commercial general liability insurance policy, including public liability and property damage , in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal . Proof of Insurance : County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance , a policy, or other proof of insurance as required by the County' s Risk Administrator in his sole discretion . Additional Insureds : For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine , Contractor/Contract Professional ' s insurer shall name County as an additional insured . Waiver of Subrogation : For all coverages , Contractor/Contract Professional ' s insurer shall waive subrogation rights against County. Subcontractors : All subcontractors , subcontractors , independent Contractors , sub-vendors , suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage ' s required of Contractor/Contract Professional . Contractor/Contract Professional shall include all such subcontractors , independent Contractors , sub-vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages . Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors , independent Contractors , sub-vendors suppliers or other entities upon request by the County. Contractors Pollution Liability Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions ( including asbestos) that may arise from the operations of the Contractor described in the Contractor' s scope of services . Policy shall cover the Contractor' s completed operations . Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke , vapors , fumes , acids , alkalis , toxic chemicals , liquids , or gases , natural gas , waste materials , or other irritants , contaminants , or pollutants ( including asbestos) . If the coverage is written on a claims-made basis , the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract ; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed . The policy shall be endorsed to include the following as Additional Insureds : "Weld County its subsidiary , parent , associated and/or affiliated entities , successors , or assigns , its elected officials , trustees , employees , agents , and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by , or on behalf of the Contractor , including completed operations" . Minimum Limits : Per Loss $ 1 , 000 , 000 Aggregate $ 1 , 000 , 000 14. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County . Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall , at the option of County , automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County . 15 . Examination of Records . To the extent required by law , the Contractor agrees that any duly authorized representative of County , including the County Auditor, shall have access to and the right to examine and audit any books , documents , papers and records of Contractor, involving all matters and/or transactions related to this Agreement . The Contractor agrees to maintain these documents for three years from the date of the last payment received . 16 . Interruptions . Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement , where such failure is due to any cause beyond its reasonable control , including but not limited to Acts of God , fires , strikes , war, flood , earthquakes or Governmental actions . 17 . Notices . County may designate , prior to commencement of work, its project representative (" County Representative" ) who shall make , within the scope of his or her authority , and all necessary and proper decisions with reference to the project . All requests for contract interpretations , change orders , and other clarification or instruction shall be directed to County Representative . The County Representative for purposes of this Agreement is hereby identified as , Matt LaPorte & Richard White . 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: Mountain Constructors Attn . : Joe Kuntz Address : P . O . Box 405 Address : Platteville , Co . E- mail : joe@mtnconstructors . com Facsimile : 970-785-2515 County : Name : Matt LaPorte Position : Project Manger Address : 1111 H Street Address : Greeley Co . 80634 E- mail : mlaporte@weldgov . com Name : Richard White Position : Project Manger Address : 1111 H Street Address : Greeley Co . 80634 E-mail : rdwhite@weldgov . com 18 . Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws , rules and regulations in effect or hereafter established , including without limitation , laws applicable to discrimination and unfair employment practices . 19 . Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature . 20 . Entire Agreement/Modifications . This Agreement including the Exhibits attached hereto and incorporated herein , contains the entire agreement between the parties with respect to the subject matter contained in this Agreement . This instrument supersedes all prior negotiations , representations , and understandings or agreements with respect to the subject matter contained in this Agreement . This Agreement may be changed or supplemented only by a written instrument signed by both parties . 21 . Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated , budgeted and otherwise made available . Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22 . Employee Financial Interest/Conflict of Interest — C . R. S . H24-18-201 et seq . and §24-50 -507 . The signatories to this Agreement agree that to their knowledge , no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement . County has no interest and shall not acquire any interest direct or indirect , that would in any manner or degree interfere with the performance of Contractor' s services and Contractor shall not employ any person having such known interests . During the term of this Agreement , Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement . Failure by Contractor to ensure compliance with this provision may result , in County' s sole discretion , in immediate termination of this Agreement . No employee of Contractor nor any member of Contractor's family shall serve on a County Board , committee or hold any such position which either by rule , practice or action nominates , recommends , supervises Contractor' s operations , or authorizes funding to Contractor. 23 . Severability. If any term or condition of this Agreement shall be held to be invalid , illegal , or u nenforceable by a court of competent jurisdiction , this Agreement shall be construed and enforced without such provision , to the extent that this Agreement is then capable of execution within the original intent of the parties . 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied , of any of the immunities , rights , benefits , protections or other provisions , of the Colorado Governmental Immunity Act §§24- 10- 101 et seq . , as applicable now or hereafter amended . 25 . No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement , and all rights of action relating to such enforcement , shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement . It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only . 26 . Board of County Commissioners of Weld County Approval . This Agreement shall not be valid u ntil it has been approved by the Board of County Commissioners of Weld County , Colorado or its designee . 27 . Choice of Law/Jurisdiction . Colorado law, and rules and regulations established pursuant thereto , shall be applied in the interpretation , execution , and enforcement of this Agreement . Any provision included or incorporated herein by reference which conflicts with said laws , rules and/or regulations shall be null and void . In the event of a legal dispute between the parties , Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute . 28 . Public Contracts for Services C . R. S . §8 -17 . 5-101 . Contractor certifies , warrants , and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract . Contractor will confirm the employment eligibility of all employees who are newly hired for e mployment 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 u nder 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 u nder 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 n otify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three ( 3) days of receiving notice . Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien . Contractor shall comply with reasonable requests made in the course of an investigation , undertaken pursuant to C . R . S . §8- 17 . 5- 102 ( 5) , by the Colorado Department of Labor and Employment . If Contractor participates in the State of Colorado program , Contractor shall , within twenty days after hiring a new employee to perform work under the contract , affirm that Contractor has examined the legal work status of such employee , retained file copies of the documents , and not altered or falsified the identification documents for such employees . Contractor shall deliver to County , a written notarized affirmation that it has examined the legal work status of • such employee , and shall comply with all of the other requirements of the State of Colorado program . If Contractor fails to comply with any requirement of this provision or of C . R . S . § 8- 17 . 5- 101 et seq . , County , may terminate this Agreement for breach , and if so terminated , Contractor shall be liable for actual and consequential damages . Except where exempted by federal law and except as provided in C . R . S . § 24-76 . 5- 103 (3) , if Contractor receives federal or state funds under the contract , Contractor must confirm that any individual natural person eighteen ( 18) years of age or older is lawfully present in the United States pursuant to C . R . S . § 24-76 . 5- 103 (4 ) , if such individual applies for public benefits provided under the contract . If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it : (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, ( b) shall produce one of the forms of identification required by C . R . S . § 24-76 . 5- 101 , et seq . , and ( c) shall produce one of the forms of identification required by C . R . S . § 24-76 . 5- 103 prior to the effective date of the contract . 29 . Official Engineering Publications_ Contractor acknowledges and agrees that the Colorado Department of Transportation " Standard Specifications for Road and Bridge Construction " and the Colorado Department of Transportation Standard Plans " M & S Standards" establish the requirements for all work performed by Contractor under this Agreement , and Contractor agrees to meet or exceed all standards set by these publications . Contractor further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount . 30 . 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. 31 . Binding Arbitration Prohibited : Weld County does not agree to binding arbitration by any extra- judicial body or person . Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void . 32 . Public Contracts for Services C . R. S . §8-17 -101 . For public contracts in excess of $500 , 000 annually , or for public contracts for road or bridge construction in excess of $50 , 000 , Contractor certifies , warrants , and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract . " Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project , who can provide a valid Colorado driver' s iicense , a valid Colorado state-issued photo identification , or documentation that he or she has resided in Colorado for the last thirty days . The County , in its sole discretion , may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work , and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion . This section shall not apply to any project which is funded in whole or in part with federal funds , or where otherwise contrary to federal law . Acknowledgment. County and Contractor acknowledge that each has read this Agreement , understands it and agrees to be bound by its terms . Both parties further agree that this Agreement , with the attached Exhibits _ and , is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements , oral or written , and any other communications between the parties relating to the subject matter of this Agreement . 02,9V D IN WITNESS WHEREOF, the parties hereto have signed this Agreement this O � day of ,ffta.,Y , 2015. CONTRA TOR: Pip thwil*/P1 LostsTrvfAtic J/mac By: $2%t. evvr4 Date 7 -9-/ S Name: 3oe tilt's- Title: pt e s i WELD C QTY: ',�,,/ ATTEST:�,r/„ i�11 � do•L BOARD OF COUNTY COMMISSIONERS Weld = n Clerk to the .oard WELD COUNTY, COLORADO BY: Deputy C rk to t e Boa • Mike Freeman, Pro-Tem 2 2 2015 APPROVED FUNDI . = ' ., �_�� ROVED AS � UBS • NCE: AS TO r Control er / _..,,,�, ��•..,..,.:r� El •Vii, '= or Dep m=nt -a•► APPRO ED AS TO F M: Direc or of G-ne :I Services County Attorney /O--/49Pv EXHIBIT "A" BID REQUEST NO . B1500119 WELD COUNTY DEPARTMENT OF PUBLIC WORKS CONTRACT BID DOCUMFNTS AND SPECIFICATIONS FOR WELD COUNTY ROAD 13 & 19 & 126 HAUl ROAD PROJECT u7.'--•'_ �,... ,.. .. ._. _ •a._ - ,�T .:,'�4LYSaC�?a2•. ,M;.-as q..-- 1-y 4.+y - Itillillitii' ' " 48 Taiiie::: 4-4.1/4414es) ----. 1 rk ir- . ‘ ), aap_14 .... --sairs:14‘ k it N. ' e % i , ii. : , . 1 I ...... : I Id I I 1 f b 1 j Li / NF '4..,„,/ '%--1 v R •y EI JUNE 2 , 2015 Weld County Public Works Division of Engineering P . O . Box 758 1111 H Street Greeley, Colorado 80632 970-304-6496 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. BIDDING REQUIREMENTS : *All Bidders must submit these forms with their Bid . Invitation for Bids 3-4 Instructions to Bidders 4-8 * Bid Proposal 9- 10 * Bid Schedule 12- 17 *Receipt of Addenda 18 * Bid Bond 19-20 * IRS Form W-9 21 *Statement of Qualifications and Subcontractors 22-25 WELD COUNTY CONTRACT FORMS : **Low Bidder must submit these forms prior to Contract Award . **Notice of Award 26 **Contract Agreement 27- 33 **Performance Bond 34-36 **Labor and Materials Payment Bond 37-38 Notice to Proceed 39 Change Order 40 Certificate of Substantial Completion 411 Lien Waiver 42 Final Lien Waiver 43 Notice of Final Acceptance 44 WELD COUNTY SPECIAL PROVISIONS : Project Special Provisions Index SP- 1 Project Special Provisions SP-2-SP-62 Standard Special Provisions Index 63 DRAWINGS : 11 " x 17" Drawings by Baseline Engineering Included Separately. 81500119 Page 2 ****************** REQUEST NO No . B1400119 ****************** BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD , STATE OF COLORADO , BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES DATE: 6/4/2015 (Initial Advertisement Date) PAGES 3 - 10 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE . BID SPECIFICS FOLLOW PAGE 10 . 1 . NOTICE TO BIDDERS : The Board of County Commissioners of Weld County , Colorado , by and thr ough its Director of General Services (collectively referred to herein as , "Weld County") , wishes to purchase the following : "WELD COUNTY ROAD 13 & 19 & 126 HAUL ROAD PROJECT" The project in general consists of re-construction of approximately 6 . 7 miles of existing paved roadways . There are three locations included in this project, WCR 13 between WCR 38 and WCR 42 (2 miles) ; WCR 19 between WCR 8 and WCR 12 . 5 (2 . 5 miles) ; and WCR 126 from the 1 -25 Frontage Road to WCR 17 (2 . 2 miles) . Improvements will include a Full Depth Reclamation ( FDR ) process to add cement to the subgrade , and HMA pavement . Specific work items include : removals , excavation/embankment , milling , subgrade stabilization , ashphalt pavement , culverts and irrigation pipes , mobilization , erosion control , and traffic control . A mandatory pre-bid meeting will be held on Thursday , June 11 , 2015 at 10 : 00 AM , at the Weld County Public Works Building . The Public Works Building is located at 1111 H Street, Greeley, CO 80631 . Bidders must participate and record their presence at the pre-bid meeting to be allowed to submit bids . Bids for the above stated 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 : Thursday, June 25 , 2015 at 2 : 00 PM . (Weld County Purchasing Time Clock) . 2 . INVITATION TO BID : Weld County requests bids for the purchase of the above- listed services . 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 has joined the Rocky Mountain E-Purchasing System . The Rocky Mountain E- Purchasing System ( BidNet®) is an on -line notification system that is being utilized by multiple governmental entities . Participating entities post their bids , quotes , proposals , addendums , and awards on this one centralized system . Bid Delivery to Weld County — 3 methods : B1500119 Page 3 1 . E-mail . Bids may be e-mailed to : bidscweldgov . com . E-mailed bids must include the following statement on the email : " I hereby waive my right to a sealed bid " . An e-mail 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 . Mailed 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 Terms Defined : Terms used in these instructions to Bidders and elsewhere throughout the Contract Documents are defined in the General Provisions , CDOT , Standard Specifications for Road and Bridge Construction , Section 101 . Qualification of Bidders : Qualification statements , attached with this document , are required to be completed by Bidders . Failure to submit qualifications may be cause for rejection of Bids . The 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 a 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 . Because of the time required to publish and deliver, no interpretation Addenda will be issued within the last seven (7 ) days before the date set for opening of Bids . The Bidder shall be solely responsible for any interpretation of the Contract Documents or Drawings other than by duly issued Addenda . 4. THE BID 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 B1500119 Page - 4 - 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. Experience Statements : The Contractor shall complete the Statement of Qualifications contained herein . If requested by Weld County , a Statement of Qualifications will be completed for the Subcontractors listed by the Contractor within 72 hours of the request. 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 Owner may at his sole discretion , release any Bid at any time . 5 . 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 . The Owner intends to award the Contract to the lowest responsible Bidder within the limits of funds available and to best serve its interests . The Owner 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 Owner prior to the Notice of Award will be required in the performance of the Work . All Bidders shall submit with their Bid a list of the suppliers as indicated in the Bid Forms . Contract Execution : The successful Bidder shall be required to execute the Contract and to furnish the Performance Bond , Labor & Materials Payment Bond and Certificate of Insurance within ten ( 10 ) calendar days of receipt of the Notice of Award . The Certificate of Insurance shall name Weld County as additional insured . Failure to execute the contract and furnish the required paperwork within the time frame mentioned above shall be just cause for the annulment of the Award and , in the event of such annulment , the Award may then be made to another Bidder, or the Owner may reject all Bids or call for other Bids . The Owner, 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 . 6 . PERFORMANCE , LABOR , MATERIAL AND PAYMENT BOND The successful Bidder shall be required to execute the Performance Bond and Labor & Materials Payment Bond in the amount of 100 % of the Contract plus the value of the force account items , covering the faithful performance of the Contract and the payment of all obligations arising there-under. The Bonds shall be executed on the forms included with the Contract Documents by a surety company authorized to do business in the State of Colorado and acceptable as surety to the Owner. 0 Accompanying each bond form shall be "Power of Attorney" authorizing the attorney in fact to fund the 0 B1500119 Page - 5 - 0 • gale surety company and certified to include the date of the bond . The Bidder shall deliver the Bonds to the Owner not later than the date of execution of the Contract . 7 . 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 n whichare not specified to be obtained by the Owner, shall be included at the time Bids are opened and c p 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 . Tests and Inspections : Tests , inspections and related activities called for throughout the Bid Documents are a responsibility of the Contractor unless specified otherwise . 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 . 8 . SITE CONDITIONS Familiarization with the Site : The prospective Bidder shall by careful examination , satisfy himself of the following : • Nature and location of the site where the Work is to be performed . • Character, quality , and quantity of surface and subsurface materials , water, structures and utilities to be encountered . • Character of construction equipment and facilities needed for performance of the Work. • 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 . 9 . CONTRACTOR HIRING PRACTICES - ILLEGAL ALIENS Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes ( C . R . S . ) 8- 17 . 5- 101 , et seq . Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract . Contractor represents , warrants , and agrees that it (a ) has verified that it does not employ any illegal aliens , through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security , and ( b) otherwise will comply with the requirements of C . R . S . 8- 17 . 5- 102 (2 ) ( b ) . Contractor shall comply with all reasonable requests made in the course of an investigation under C . R . S . 8- 17 . 5- 102 by the Colorado Department of Labor and Employment . If Contractor fails to comply with any requirement of this provision or C . R . S . 8- 17 . 5- 101 , et seq . , Weld County may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Contractor. Except where exempted by federal law and except as provided in C . R . S . 24-76 . 5- 103 (3 ) , if Contractor B1500119 Page 6 receives federal or state funds under this Contract, Contractor must confirm that any individual natural person eighteen ( 18 ) years of age or older is lawfully present in the United States pursuant to C . R . S . 24-76 . 5- 103 (4 ) if such individual applies for public benefits provided under this Contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it (a ) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law , ( b ) shall produce one of the forms of identification required by C . R . S . 24-76 . 5- 101 , et seq . , and (c) shall produce one of the forms of identification required by C . R . S . 24-76 . 5- 103 prior to the effective date of this Contract . 10 . Insurance Requirements 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 o perations , 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 n otified 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 . Contractor/Contract Professional shall maintain , at its own expense , any additional kinds or amounts of insurance that it may deem n ecessary to cover its obligations and liabilities under this Agreement . Types of Insurance : 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 Contractor' s Contract Professional ' s employees acting within the course and scope of their employment . Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent , covering premises operations , fire damage , independent Contractors , products and completed operations , blanket contractual liability, personal injury, and advertising liability with minimum limits 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 $500 , 000 errors and omissions . 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 . Additional Provisions : Policies for all general liability, excess/umbrella liability , liquor liability B1500119 Page 7 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 , 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 the County, covering all operations hereunder set forth in the related Bid or Request for Proposal . Proof of Insurance : County reserves the right to require Contractor/Contract Professional to provide a certificate of insurance , a policy, or other proof of insurance as required by the County. Additional Insured : For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine , Contractor/Contract Professional ' s insurer shall name Weld County and State of Colorado employees as an additional insured . Waiver of Subrogation : For all coverage , 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 insured under its policies or shall ensure that all subcontractors maintain the required coverage . B1500119 Page 8 BID PROPOSAL To : Weld County Purchasing Department P . O . Box 758 , 1150 "O" Street Greeley, Colorado 80632 Attention : Trevor Jiricek , Director of General Services Bid Proposal for: WELD COUNTY ROAD 22/49 INTERSECTION IMPROVEMENT PROJECT PROPOSAL Pursuant to and in full compliance with all Contract Documents the undersigned Bidder hereby proposes to furnish all labor and materials and to perform all Work required for the complete and prompt execution of everything described or shown in or reasonably implied from the Bidding Documents , including the Drawings and Specifications , for the Work above indicated for the monies indicated below which includes all State , County and local taxes normally payable with respect to such Work . The amounts stated include all allowances for profit and overhead , taxes , fees and permits , transportation , services , tools and equipment , labor and materials and other incidental costs . The Bidder and all Sub- Bidders shall include in their bid all Sales and Use Tax if applicable . State of Colorado and Weld County tax shall not be included . Upon application , the State of Colorado Department of Revenue shall issue to a Bidder or Sub- Bidder a Certificate or Certificates of Exemption indicating that the purchase of construction or building materials is for a purpose stated in Section 39-26- 114 , CRS , and is free from Colorado State Sales Tax . EXAMINATION OF DOCUMENTS AND SITE The Bidder has carefully examined the Bidding Documents , including the Drawings and Specifications , and has examined the site of the Work , so as to fully appraise himself of the conditions at the site and to gain a clear understanding of the Work to be executed and is thoroughly familiar with all local , state and federal laws , ordinances , rules , regulations and other factors affecting performance of the Work . PROPOSAL GUARANTEE This Bid Proposal is accompanied by the required Bid Bond of five percent ( 5 % ) based upon the Total Cost of all items required to be Bid . Weld County, Colorado is authorized to hold said Bid Bond for a period of not more than sixty (60 ) days after the opening of the Bids for the Work indicated , unless the undersigned Bidder is awarded the Contract within said period , in which event the Owner may retain said Bid Bond until the undersigned Bidder has executed the required Agreement and furnished the required Performance Bond , Labor & Materials Payment Bond , and Certificates of Insurance . TIME OF COMPLETION The Bidder agrees to make his best effort to complete the entire Project as soon as possible and within the time specified in the Project Special Conditions after the issuance of the Notice to Proceed subject to the CDOT Standard Specifications for Road and Bridge Construction , Section 108 . EXECUTION OF DOCUMENTS The Bidder understands that if this Bid Proposal is accepted , he must execute the required Agreement and furnish the required Performance Bond , Labor & Materials Payment Bond and Insurance Certificates within ten ( 10 ) days from the date of Notice of Award . B1500119 Page - 9 - METHOD OF AWARD The Owner reserves the right to reject any Bid from any Bidder whom the Owner deems is unfit or unqualified to complete the Work as specified regardless of the amount of the Bid . NOTE - So It is understood by the Bidder how Bids shall be awarded : should the cost of the Bid exceed budgeted funds , the Owner reserves the right to reject any or all Bids or portions of Work , Bid , or the use of any of the methods stated in the Instructions to Bidders to obtain the most advantageous Bid price . For this project , the folloing applies : • WCR 13 — Weld County reserves the right to reject any portion or all of Work • WCR 19 — Weld County reserves the right to reject any portion or all of Work • WCR 126 — Weld County reserves the right to reject any portion or all of Work Up to a total of one of the above Roadway Projects . All bids will be reviewed by the Owner and Engineer. For any discrepancy between words and figures ; the words will control . All mathematics will be checked and the correct total used for determining the low bidder. 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CD LL J Q oIS a\ N N v-+ N m de is) W M 0 T A A N � 0 0 0 0 0D N N N N M M MM M0 0 rai OO LC) LD LID LD LD lD ID LD CD 0 0 O 0 L.n r- r- Z 7-4 cn I 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: 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 . SIGNATURES : Dated this day of , 2014 . FIRM NAME : BY : TITLE : BIDDER'S LEGAL SIGNATURE : STATE OF INCORPORATION : ADDRESS : TELEPHONE NO : FAX NO : ATTEST : B1500119 Page - 18 - BID BOND WELD COUNTY ROAD 13 & 19 & 126 , HAUL ROAD PROJECT 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 , 2014 for the WELD COUNTY ROAD 13 & 19 & 126 HAUL ROAD PROJECT 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 , 2014 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 : I By: By: Surety ATTEST : Address By: 131500119 Page - 19 - 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 . B1500119 Page - 20 - Form Wa9 Request for Taxpayer Give form to the (Rev. October 2007) Identification Number and Certification requester. Do not ()apartment or the Treasury send to the IRS. Internal Revenue Service Name (as shown on .your income tax return) N co Business name, if different from above a o` z -- ► Check appropriate box: ____I Individual/Sole proprietor Corporation —._. Partnership Exempt «. Limited liability company Enter the tax classification (D=disregarded entity , Ca-corporation. Partnership) ► - _ - _ __ _ payee L ter (in Instructans) $b w Address (number, street, and apt. or suite no.) Requester's name and address (optional) i zr- a. V s ,� 0 City, state, and ZIP code a List account number(s) here (optionat) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given of Line 1 to avoid social Security number 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 T7N on page 3. 01 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). 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 4. Sign r signature of Here U.S. person ► Date ► General Instructions Definition of a U.S. person. For federal tax purposes. you are considered a U.S . person if you are: Section references are to the Internal Revenue Code unless • An individual who is a U .S citizen or U S resident alien. otherwise noted • A partnership. corporation, company or association created or Purpose of Form organized in the United States or under the laws of the United A person who is required to file an information return with the States. IRS must obtain your correct taxpayer identification number (TIN) • An estate (other than a foreign estate), or to report . for example income paid to you, real estate • A domestic trust (as defined in Regulations section transactions. mortgage interest you paid. acquisition or 301 . 7701 -7). abandonment of secured property, cancellation of debt. or Special rules for partnerships. Partnerships that conduct a contributions you made to an IRA. trade or business in the United States are generally required to Use Form W-9 only if you are a U.S . person (including a pay a withholding tax on any foreign partners' share of income resident alien). to provide your correct TIN to the person from such business- Further . in certain cases where a Form W-9 requesting it (the requester) and. when applicable, to: has not been received. a partnership is required to presume that 1 Certify that the TIN you are giving is correct (or you are a partner is a foreign person and pay the withholding tax. waiting for a number to be issued), Therefore. if you are a U.S person that is a partner in a 2. Certify that you are not subject to backup withholding. or partnership conducting a trade or business in the United States. provide Form W-9 to the partnership to establish your U.S 3 Claim exemption from backup withholding if you are a U S status and avoid withholding on your share of partnership exempt payee If applicable, you are also certifying that as a income U .S. person. your allocable share of any partnership income from The person who gives Form W-9 to the partnership for a U . S. trade or business is not subject to the withholding tax on purposes of establishing its U.S. status and avoiding withholding foreign partners' share of effectively connected income on its allocable share of net income from the partnership Note. If a requester gives you a form other than Form W-9 to conducting a trade or business in the United States is in the request your TIN , you must use the requester's form if it is following cases. substantially similar to this Form W-9. • The U.S. owner of a disregarded entity and not the entity . Cat No. 10231X Form W-9 (Rev. 10-2007) B1500119 Page - 21 - 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: E-Mail Address : 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. B1500119 Page - 22 - 0 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 projects , similar to the project described in these Contract Documents , which the Company has successfully completed within the last 5 years or are under construction at the present time . List the project name , location , project superintendent, owner' s representative and phone number, date completed and contract amount for each project. Project Name : Location : Supt: Owner' s Representative : Phone : Completion Date : Contract Amount: Project Name : Location : Supt: Owner' s Representative : Phone : Completion Date : Contract Amount: B1500119 Page - 23 - 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 °/0 OF WORK 15 . List the principal members of the company who will be involved with this project, including the superintendent , foreman , project manager, etc. YRS . PERTINENT NAME TITLE EXPERIENCE 16 . List all lawsuits previously filed against or currently pending against you , the Company or any officers of the Com pany. B1500119 Page - 24 - 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 , 2014 . Bidder: Company By: Signature Name : ( Please Type ) Title : NOTARY County of ) ) ss . State of ) being duly sworn , deposes and says that he is of , and (Title) (Company Name) that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this day of , 2014 . ( SEAL) Commission Expires Notary Public B1500119 Page - 25 - NOTICE OF AWARD WELD COUNTY ROAD 13 & 19 & 126 , HAUL ROAD PROJECT To : Project Description : The project in general consists of widening the existing intersection with turn lanes . Specific work items include : removals , excavation and embankment, aggregate base course , concrete pavement, asphalt pavement, culverts , drainage , mobilization , erosion control , and traffic control . 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 ten ( 10) calendar days from the date of this Notice to you . If you fail to execute said Agreement and to furnish said Bonds within ten ( 10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned . The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this day of , 2015 Weld County, Colorado , Owner By Matt LaPorte , P . E . , Project Manager ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this day of , 2014 By: Title : B1500119 Page - 26 - WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY AND (SAMPLE) WELD COUNT ROAD 13 & 19 & 126 , HAUL ROAD PROJECT 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] whose address is , hereinafter referred to as "Contractor" . 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. Exhibit A consists of County' s Request for Bid as set forth in "Bid Request No. B1400101 ". The bid 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. WITNESSETH : WHEREAS, WELD COUNTY ROAD 22/49 INTERSECTION IMPROVEMENT PROJECT is in need of construction services, (hereinafter referred to as the "Project", and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the repair of this road OR bridge, and WHEREAS, County requires an independent contract construction professional to perform the Construction Services required by County and set forth in Exhibit A ; and WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Construction Services at the cost specifically set forth in Exhibit B : NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows : 1 . Components of Agreement: 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 . Contractor acknowledges that Exhibit A contains highly important forms and/or documents, some of which must be completed subsequent to the execution of this Agreement, and further acknowledges that those forms requiring completion by Contractor shall be completed to the satisfaction of County at the time and in the manner required by County. Contractor further acknowledges that a failure to comply with any of the requirements of Exhibit B1500119 Page - 27 - A and B may result in County' s decision to withhold payment. 2. Work to be Performed. Contractor, under the general direction of, and in coordination with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Project Manager"), agrees to perform the services described on attached Exhibits A and B . Contractor agrees that during the term of this Agreement, it shall fully coordinate its construction services with County and/or any other person or firm under contract with the County doing work or providing services which affect Contractor' s services. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County' s decision to withhold payment or to terminate this Agreement. 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 ofthe responsibilities described in Exhibits A and B . 4. 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 not to exceed the amount of $ , set forth in Exhibit B . Contractor acknowledges no additional payment 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 . 5. Additional Work. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by Contractor for adjustment hereunder must be made in writing prior to the performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement. 6. 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. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all B1500119 Page - 28 - 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. Contractor 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 as set forth in Exhibit A), and (b) provide proof thereof when requested to do so by County. 7. 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. 8. Termination Provisions. A. 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 Project Manager. B . 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 Manager approves in writing which he determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of al l material generated pursuant to this Agreement upon termination, C. 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. D. 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 . 9. 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 ofthis Agreement. Contractor shall faithfully perform the work in accordance with the standards of care, skill , training, diligence and judgment provided by highly competent individuals and entities that perform services of a similar nature to those described in this Agreement. Contractor further represents and warrants that: B1500119 Page - 29 I A. All construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards. B . 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. This warranty shall commence on the date of County' s final inspection and acceptance of the Project. 10. 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 and incidental material(s) 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. 11 . Insurance and Indemnification. Contractor stipulates that it has met the insurance requirements identified in Exhibit A . 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 Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Contractor shall defend, indemnify and save harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character brought because of Contractor' s acts, errors or omissions in seeking to perform its construction obligations under this Agreement. 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 Contractor in its construction methods or procedures ; or in its provisions of the materials required herein, or through use of unacceptable materials and/or materials not identified in Exhibits A and B ; or from any claims or amounts arising or recovered under the Worker' s Compensation Act, or other law, ordinance, order, or decree . County may retain as much of any moneys due Contractor under any this Agreement as may be determined by it to be in the public interest. By execution of this Agreement, Contractor has agreed to secure and maintain the insurance required by the terms of Exhibit A . A failure to comply with this provision shall result in County' s right to immediately terminate this Agreement. 12. Non-Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim there-under, 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. B1500119 Page - 30 - 13. Time of the Essence. Time is of the essence in each and all of the provisions of this Agreement. 14. Examination of Records. Contractor agrees that any duly authorized representative of County, including the County Auditor, shall , until the expiration of five (5 ) years after the final payment under this Agreement, 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. 15. 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 . 16. Notices. Any notice required to be given under this Agreement shall be in writing and shall be mailed or delivered to the other party at that party' s address as stated above. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, 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 ofthis Agreement is hereby identified as, Director of Weld County Department of Public Works, or his designee . 17. 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 . 18. 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 . 19. 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 . 20. 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. 21 . Employee Financial Interest/Conflict of Interest — C.R.S. 24- 18-201 et seq . and 24- 50-507. The signatories to this Agreement aver 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. 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 B1500119 Page - 31 - 4111, 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. 22. 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 . 23. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act § 24- 1O- 1Ol et seq ., as applicable now or hereafter amended. 24. 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. 25. 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 . 26. 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. p 1 27. 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 shall perform work under this Agreement and shall 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 program established pursuant to CRS § 8- 17 . 5 - 102(5 )(c), Contractor shall not knowingly employ or subcontract 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 (a) shall not use E-Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed, (b) shall notify the subcontractor and County within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this Agreement, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS § 8- 17. 5 - 102(5 ), by the Colorado Department of Labor and Employment. If Contractor participates in the State program , Contractor shall deliver to County, a written, notarized affirmation, affirming that County has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program . If Contractor fails to comply with any requirement of this provision or CRS § 8- 17. 5 - B1500119 Page - 32 - 101 et seq . , County may terminate this Agreement for breach and, if so terminated, Contractor shall be liable for damages . 28. 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. 29. Compliance with Davis-Bacon Wage Rates. N/A . 30. 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 IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of , 2015 . CONTRACTOR : By: Date : Name : Title : WELD COUNTY : BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST : Barbara Kirkmeyer, Chair Weld County Clerk to the Board BY : Deputy Clerk to the Board B1500119 Page - 33 - PERFORMANCE BOND 7 _ ., j - WELD COUNTY ROAD 13 & 19 & 126 , HAUL ROAD PROJECT KNOW ALL MEN BY THE PRESENTS ; that / ( Name and Address of Contractor) 4/ . / it , hereinafter called Contractor, and a (Corporation , Partnership , or l%dividual ) .y '�,. • /'" / ( Name of Surety) (Address of Surety) rr hereinafter called surety , are held and fir ly bond unto eld County, Colorado /4( ( Name of Owner) 3 P . O . Box 758 , 1111 H Street , Greey, Colorado 80632 (Address of Owner) hereinafter called Owner, in the/ tenal sum of Dollars , ( $ ) , A lawful money of the United States of America , for the payment of which sum well and truly to be mace , 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 Contract with the i ner, dated the day of , 2014 , a copy of which is hereto attached and made a part hereof for the construction of: �/ WELD COUNTY ROAD 13 & 19 & 126 , HAUL ROAD PROJECT NOW THREFORE , 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 there- under 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 . B1500119 Page - 34 - Bond No . 54206124 PERFORMANCE BOND WELD COUNTY ROAD 13 & 19 & 126 , HAUL ROAD PROJECT KNOW ALL MEN BY THE PRESENTS ; that Mountain Constructors , Inc . (Name and Address of Contractor) P . O . Box 405 , Platteville , CO 80651 -0405 hereinafter called Contractor, and a (Corporation , Partnership , or Individual) U nited Fire & Casualty Company ( Name of Surety) P . O . Box 73909 , Cedar Rapids , IA 52407-3909 (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 Five Million Three Hundred Twenty Nine Thousand * Dollars , ($ 5 , 329 , 160 . 80 ) , 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 5 Contract with the Owner, dated the day of , 2014 a copy of which is hereto attached and made a part hereof for the construction of: WELD COUNTY ROAD 13 & 19 & 126 , HAUL ROAD PROJECT NOW THEREFORE , if the Contractor shall well , truly and faithfully perform its duties , all of the u ndertakings , 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 u nder 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 there- under 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 . 81500119 Page - 34 - *One Hundred Sixty and 80/100 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 . -. _ _ .. .: ....�..: -. ...� ,.a.,_.�.r..... .v ..e�.i. _ .::..•. ---e.. - x.. t�isv.. _,•.i.:.:r:`!�[.✓.S�'.....�^ ._..C..:_+7•YY✓=a::�.�.'1�.�r�z"!'i'o-..;.a.i xti '_.:1F!•f.C-a9Ll b .Y�a=...� ::,_ . ..:........ ._ �,. . ... .. .. _>..:,z� ' dh-...�.-..•...�:..ti"'.._`a'✓._.n,..:a�... ___.......,... . _....!_+.�. ....,.r.tc:err..-...-c'�_��_�_�.__.. r...ik T..^",.itb'.�"�s B1500119 Page - 35 - U • • PERFORMANCE BOND WELD COUNTY ROAD 13 & 19 & 126 , HAUL ROAD PROJECT IN WITNESS WHEREOF , this instrument is executed in two (2 ) counterparts , each one of which shall be deemed an original , this day of , 2015 . Mountain Constructors , Inc . Contractor JO‘Art, Bytractor) Secretary (SEAL) N ot Applicable P . O . Box 405 (Witness as to Contractor) (Address) N ot Applicable Platteville , CO 80651 -0405 (Address) N ot Applicable ATTEST : United Fire & Casualty Company (Surety) Secretary (SEAL) ;-NI in 7 sy � -1511,21 Witness as to rely -tee Ann Meau Attorney-in -Fact - SaraC . Brown 7600 East Orchard Road , #330S P . O . Box 73909 (Address) (Address) Greenwood Village , CO 80111 _ Cedar Rapids , IA 52407-3909 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 . B1500119 Page - 36 -- Bond No . 54206124 LABOR & MATERIALS PAYMENT BOND WELD COUNTY ROAD 13 & 19 & 126 , HAUL ROAD PROJECT KNOW ALL MEN BY THE PRESENTS ; that Mountain Constructors , Inc . ( Name and Address) P . O . Box 405 , Platteville , CO 80651 -0405 , hereinafter called Contractor, and a (Corporation , Partnership , or individual) United Fire & Casualty Company ( Name of Surety) P . O . Box 73909 , Cedar Rapids , IA 52407- 3909 (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 Five Million Three Hundred Twenty Nine* Dollars , ($ 5 , 329 , 160 . 80 ) , 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 pad hereof for the construction of: WELD COUNTY ROAD 13 & 19 & 126 , HAUL ROAD PROJECT 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 there-under of the Specifications accompanying the same shall in any way affect its obligation on this Bond , and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications . PROVIDED , FURTHER , that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied . B1500119 Page - 37 - *Thousand One Hundred Sixty and 80/100 • LABOR 83 MATERIALS PAYMENT BOND WELD COUNTY ROAD 13 & 19 & 126 , HAUL ROAD PROJECT IN WITNESS WHEREOF , this instrument is executed in two (2) counterparts , each one of which shall be deemed an original , this day of , 2015 . Mountain Constructors , Inc . Contractor By (Con actor) Secretary (SEAL) Not Applicable _ P . O . Box 405 (Witness as to Contractor) (Address) Not Applicable Platteville , CO 80651 -0405 (Address) Not Applicable ATTEST: United Fire & Casualty Company (Surety) Secretary (SEA17.)__--1C-2-COAAWitness as to Suret - Le A ne eaux Attorney-in-Fact - Sarah C . Br wn 7600 East Orchard Road , #330S P . O . Box 73909 (Address) (Address ) Greenwood Village , CO 80111 Cedar Rapids , IA 52407- 3909 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 Depar tmei it's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located . 131500119 Page -- 38 - NOTICE TO PROCEED WELD COUNTY ROAD 13 & 19 & 126 , HAUL ROAD PROJECT To : Date : Name of Project : WELD COUNTY ROAD 13 & 19 & 126 , HAUL ROAD PROJECT You are hereby notified to commence Work in accordance with the Agreement dated . The date of completion of all Work is therefore . Weld County , Colorado , Owner By Matt LaPorte , P . E . , Project Manager ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: M J (Contractor) Dated this day of , 2015 . By Title B1500119 Page - 39 - CHANGE ORDER NO . (SAMPLE ) WELD COUNTY ROAD 13 & 19 & 126 , HAUL ROAD PROJECT Date : Project : WELD COUNTY ROAD 13 & 19 & 126 , HAUL ROAD PROJECT 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 ( Project Manager) : Date : Project Engineer: Date : APPROVALS : Contractor: Date : Owner: Date : Barabra Kirkmeyer ( BOCC Chair) B1500119 Page - 40 - CERTIFICATE OF SUBSTANTIAL COMPLETION WELD COUNTY ROAD 13 & 19 & 126 , HAUL ROAD PROJECT Owner' s Project No : B1500119 Engineer's Project No : GR-22 & GR-23 & GR-25 Project : WELD COUNTY ROAD 13 & 19 & 126 , HAUL ROAD PROJECT Contractor: Contract For: CONSTRUCTION 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 : B1500119 Page - 41 - LIEN WAIVER (GENERAL CONTRACTOR) WELD COUNTY ROAD 13 & 19 & 126 , HAUL ROAD PROJECT TO : Weld County Public Works Attn : Matt LaPorte , 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: WELD COUNTY ROAD 13 & 19 & 126 , HAUL ROAD PROJECT 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 , 2014 , by My commission expires : Notary Public B1500119 Page - 42 - FINAL LIEN WAIVER (SUBCONTRACTORS ) WELD COUNTY ROAD 13 & 19 & 126 , HAUL ROAD PROJECT 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 , 2014 , 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) ( Signature of Authorized Representative) Title : INSTRUCTIONS FOR FINAL WAIVER (A) Person or firm with whom you agreed to furnish either labor, or services , or materials , or both . ( B) Fill in nature and extent of work ; strike the word labor or the word materials if not in your contract . (C ) If you have more than one contract on the same premises , describe the contract by number if available , date and extent of work . ( D ) Furnish an accurate enough description of the improvement and location of the premises so that it can be distinguished from any other property. ( E) Amount shown should be the amount actually received and equal to total amount of contract as adjusted . ( F) If waiver is for a corporation , corporate name should be used , corporate seal affixed and title of officer signing waiver should be set forth ; if waiver is for a partnership , the partnership name should be used , partner should sign and designate himself as partner. B1500119 Page - 43 - NOTICE OF FINAL ACCEPTANCE WELD COUNTY ROAD 13 & 19 & 126 , HAUL ROAD PROJECT TO : Date : RE : WELD COUNTY ROAD 13 & 19 & 126 , HAUL ROAD PROJECT 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 . Weld County, Colorado , Owner By : Matt LaPorte , P . E . , Project Manger ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: (Contractor) Dated this day of , 2015 . By Title S B1500119 Page - 44 - y. �, .:. UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX < ` Inquiries: Surety Department • U FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA 118 Second Ave SE CERTIFIED COPY OF POWER OF ATTORNEY Cedar Rapids, IA 52401 ' (original on file at Home Office of Company — See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That UNITED FIRE & CASUALTY COMPNY, a corporation duly organized and existing under the laws of the State of Iowa; UNITED FIRE & INDEMNITY COMPANY, a corporation duly organized and existing under the laws of the State of Texas; and FINANCIAL PACIFIC INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint • DONALD E . APPLEBY , OR SARAH C . BROWN , OR MARK SWEIGART , OR TODD BENGFORD , ALL INDIVIDUALLY of GREENWOOD VILLAGE CO :::: > • • • their true and lawful Attorney(s)-in-Fact with and authorit herebyconferred to sin seal and execute in its behalf all lawful bonds 'undertakings power Y Y sign, �. and other obligatory instruments of similar nature provided that no single obligation shall exceed $ 100 , 000 , 000 . 00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE & CASUALTY COMPANY, . ::. UNITED FIRE & INDEMNITY COMPANY, AND FINANCIAL PACIFIC INSURANCE COMPANY. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15 , 2013, by the Boards of Directors of UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE COMPANY, "Article VI — Surety Bonds and Undertakings" Section 2, Appointment of Attorney-in-Fact. "The President or any Vice President, or any other officer of the Companies may, from time to . time, appoint by written certificates attorneys-in-fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may- be • affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys-in-fact, subject to the limitations set • forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal of the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney-in-fact. ��'`�'' ASLte t; / IN • .WI'lNESS WHEREOF the COMPANIES have each caused these presents to be signed by its�� & CAS1 /// \t111111RUr//, ``�1\111111t/r►r,/�ce.AN. o7 ; ,,�t4 ```�� PC,�... PEA. 44, vice president and its corporate seal to be hereto affixed this 6th day of May ,% 2015 k CORPORATE q . q O e ; Q c) ql•'•. co S. _ M, _ __ ., ++ CORPORATE _� F UNITED FIRE & CASUALTY COMPANY _ III - • - y ` = g SuLY 2? - lo c. z = = " : K - UNITED FIRE & INDEMNITY COMPANY �' SEAL v0, 0 as `� �� SEAL.," �` 1986 ' ;LQ RA sos e. 4'::::• •./.:1, p % %.: �' •.74i F4..- N• �.�� FINANCIAL PACIFIC INSURANCE COMPANY I. Ou///1!1l11111111\`O C. By: 9....... II i ACtion......046....... . State of Iowa, County of Linn, ss: Vice President On 6th day of May , 2015 , before me personally came Dennis J . Richmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of UNITED FIRE & CASUALTY COMPANY, a Vice President of UNITED FIRE & INDEMNITY COMPANY, and a Vice President of FINANCIAL PACIFIC INSURANCE COMPANY the corporations described in and which executed the above instrument; that he knows the seal of said corporations that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. iC �, Mary A. Bertsch b r Iowa Notarial Seal • (-ler) Commission number 713273 • :, -7 art" Notary Public k My Commission Expires 10/26/2016 My coin uission expires: 10/26/2016 I, David A. Lange, Secretary of UNITED FIRE & CASUALTY COMPANY and Assistant Secretary of UNITED FIR r, & INDEMNITY COMPANY, and Assistant Secretary of FINANCIAL PACIFIC INSURANCE COMPANY, do hereby certify that I have compe►-ed the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set fortn Iii said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS , and that the same are correct transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this day of , 20 . ��i'IIJifl/l ,IIl1ltltrllr/r// � sz CAs // fo ` \G SU �, ‘ / \\‘‘ �Sint ` F i N ` 0 CO �4 %t CZ .• OR Opp '. C' �'; • I . et al CORPORATE % w CORPORATE 3 _ �: Y • U L 2� O V � � ,z z ; 7_ ... 4...6.......€47/05:1 .. Q.�, 1986 A 0. SEAL �, . �� SEAL � y C \Q . ' ,.q4 1 Q,t?.•' ` �i ` r ' ///a��RAPl�, V" ‘•� '/ Et!?Sr�� x```\ � ��`�',' FO ```� Secretary, UF&C /IIIiiiin �� /N/1JJrttoo ��rlulltnlulll�� , n : . .. . . , ,:., Assistant Secretary, BPOA0049 0115 Client#: 33585 MOUCONPC ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 7/17/2015 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 NAME: Pat Reece Holmes Murphy -Colorado PHONE 720'622 8246 FAX 855'668 0069 (A/C, No, Ext): (A/C, No): 7600 East Orchard Rd, E-MAIL reece holmesmur h .com ADDRESS: preece@holmesmurphy.com Y Suite 330 South INSURER(S) AFFORDING COVERAGE NAIL # Greenwood Village, CO 80111 INSURER A : Charter Oak Fire Insurance Comp 25615 INSURED INSURER B : Travelers Property Casualty Co. 25674 Mountain Constructors , Inc. INSURER C : Pinnacol Assurance Company 41190 622 Main Street INSURER D : PO Box 405 INSURER E Platteville , CO 80651 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP W LIMITS LTR INSR VD _ POLICY NUMBER _ (MM/DD/YYYYL(MM/DD/YYYY) A GENERAL LIABILITY X X DTCO325D6251COF14 07/28/2014 07/28/2015 EACH OCCURRENCE $ 1 ,000 ,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES 'Ea occurrence) $ 300,000 CLAIMS-MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1 ,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 , 000 ,000 POLICY X PRO- LOC $ JECT B AUTOMOBILE LIABILITY X X DT8103918R004TIL14 07/28/2014 07/28/2015 CEaOMBIaccçSINGLEUMIT1000000deEDnt) (X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) B X UMBRELLA LIAB X OCCUR X X DTSMCUP3918R004TIL 07/28/2014 07/28/2015 EACH OCCURRENCE $8, 000, 000 EXCESS LIAB CLAIMS-MADE AGGREGATE $8,000,000 DED X RETENTION $$ 10,000 L $ WORKERS COMPENSATION WC STATU- OTH- C AND EMPLOYERS' LIABILITY X 3027994 07/01 /2015 07/01 /2016 X TORY LIMITS . ER Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1 ,000,000 OFFICER/MEMBER EXCLUDED? N N / A (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 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101 , Additional Remarks Schedule, if more space is required) RE : Weld County Road 13 & 19 & 126, Haul Road Project As required by written contract or written agreement, the following are included as Additional Insured under General Liability, Automobile Liability, Umbrella Liability, and a Waiver of Subrogation in favor of the Additional Insureds applies to Worker's Compensation , General Liability, Auto Liability & Umbrella with (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Weld County, Colorado SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 758 , 1111 H Street ACCORDANCE WITH THE POLICY PROVISIONS. Greeley, CO 80632 AUTHORIZED REPRESENTATIVE &CV © 1988-2010 ACORD CORPORATION . All rights reserved. ACORD 25 (2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S148501 /M144661 LINR1 DESCRIPTIONS ( Continued from Page 1 ) respect to the above referenced . Additional Insureds : Weld County, its subsidiary, parent, associated and/or affiliated entities, successors , or assigns , its elected officials , trustees , employees , agents , and volunteers General Liability is primary and non-contributory as required by written contract. SAGITTA 25.3 (2010/05) 2 of 2 #S148501 /M144661 • COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL. INSURED ( CONTRACTORS ) This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY Y COVERAGE PART 'i . \VHO IS AN INSURED — (Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sureci does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: orations hazard" unless the "written contract a) Only with respect to liability for "bodily injury" , requiring insurance" specifically requires you to provide such coverage for that additional "property damage" or "personal injury"; and insured , and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or. "property damage" that oc-- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance"} applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent ads earlier-. or omissions of such person or organization . 3. The insurance provided to the_ additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other insurance'' , whether primary, a) In the event that the Limits of Insurance of excess , contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However , if the "written contract requiring insurance{" , the ire- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in_ this insurance is primary to "other insurance" surance". This endorsement shall not in-, available to the additional insured which covers crease the limits of insurance described in that person or organization as a. named insured Section Ill — Limits Of Insurance. for such loss , and we will riot share with that "ether insurance". But the insurance provided to b) The insurance provided to the additional in- the additional insured by this endorsement still is sured does not apply to "bodily injury") "prop- excess over any valid and collectible "other in- erty damage or "personal injury}" arising out surance", whether primary, excess, contingent or of the rendering of, or failure to render, any on any other basis, that is available to the addi- professional architectural , engineering or sur- tional insured when that person or organization is veying services, including : an additional insured under such "other instir- i. The preparing , approving, or failing to ance" , prepare or approve , maps, shop draw- 4. As a condition of coverage provided to the ings, opinions , reports , surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing ,approving , or failing to prepare or ap- a) The additional insured must give us written prove , drawings and specifications; and notice as soon as practicable of an "occur- rence" or an offense which may result in a ii . Supervisory, inspection , architectural or claim. To the extent possible, such notice engineering activities. should include: CC D2 46 08 05 © 2005 The St. Paul Travelers Companies , Inc, Page 1 of 2 COMMERCIAL GENERAL LIABILITY I , How, when and where the "occurrence" any provider of "other insurance" which would or offense took place ; cover the additional insured for a loss we aaddresses injured cover under this endorsement. However, this ii_ Tht, names and of any condition does not affect whether the insur- persons and witnesses; and ance provided to the additional insured by iii. The nature and location of any injury or this endorsement is primary to "other insur- damage arising out of the "occurrence" or ance" available to the additional insured • offense . which covers that person or organization as a b) if a claim is made or "soft" is brought against named insured as described in paragraph 3 .the additional insured , the additional insured above . must: 5 . The following definition is added to SECTION V i. Immediately record the specifics of the — DEFINITIONS : claim or "suit" and the date received ; and "written contract requiring insurance" means i. Notify us as soon as practicable, that part of any written contract or agreement ; i . N y under which you are required to include a The additional insured must see to it that we person or organization as an additional in- receive written notice of the claim or "suit' as sured on this Coverage Part, provided that soon as practicable. the "bodily injury" and " property damage" oc- } c The additional insured must immediately curs and the "personal injury" is caused by an send us copies of all legal papers received in offense committed: connection with the claim or "suit" , cooperate a. After the signing and execution of the with us in the investigation or settlement of contract or agreement by you ; the claim or defense against the "suit", and While that pad of the contract or otherwise comply with all policy conditions, b. wlp agreement is in effect; and ci) The additional insured must tender the de- fe nse indemnity and ofclaim or "suit" to c. Before the end of the policy period . any WINS �... 00011 Ad .uan ..�..a net - V Q� Isonowne C4 nampee minmmimig 7 ..o p b� Indian run Page 2 of 2 © 2005 The St. Paul Travelers Companies, inc. CG D2 46 08 05 00522e • COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT- NDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENITIRSEMENT This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE This endorsement broadens coverage . However, coverage for any injury , damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part , and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages . Read all the provisions of this en- dorsement and the rest of your policy carefully to determine -rights, duties, and what is and is not covered . A . Aircraft Chartered With Pilot H . Blanket Additional Insured -- Lessors Of Leased B . Damage To Premises Rented To You Equipment C. Increased Supplementary Payments I . Blanket Additional Insured r-- States Or Political pp Subdivisions — Permits D. Incidental Medical Malpractice J . Knowledge And Notice Of Occurrence Or Offense E. Who Is An Insured a Newly Acquired Or Formed Organizations K. Unintentional Omission F . Who Is An Insured -- Broadened Named Insured L . Blanket Waiver Of Subrogation Unnamed Subsidiaries M . Amended Bodily Injury Definition G , Blanket Additional Insured -- Owners , Managers N . Contractual Liability --- Railroads Or Lessors Of Premises -PROVISIONS-- - - - - - - INJURY AND PROPERTY DAMAGE LI - A. AIRCRAFT CHARTERED 1lttlT PILOT -ABILITY: - - - -- -- - - - - - - Exclusions c. and g . through n . do not apply The following is added to Exclusion Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION to " premises damage" . Exclusion f. (1 ) (a) I - COVERAGES - COVERAGE A BODILY IN - does not apply to " premises damage" caused JURY AND PROPERTY DAMAGE LIABILITY: by: This exclusion does not apply to an aircraft that a. Fire ; is : b . Explosion ; (a) Chartered with a pilot to any insured ; c . Lightning ; ( b ) Not owned by any insured ; and c1 . Smoke resulting from such fire , explosion , (c) Not being used to carry any person or prop or lightning ; or erty for a charge . e . Water; B . DAMAGE TO PREMISES RENTED TO YOU unless Exclusion f. of Section I — Coverage A 1 . The first paragraph of the exceptions in Ex- — Bodily Injury And Property Damage Liability clusion Damage To Property , in Para-graph 2 . of SECTION 1 COVERAGES — is replaced by another endorsement to this � Coverage Part that has Exclusion -- All Pollu- COVERAGE A BODILY INJURY AND lion Injury Or Damage or Total Pollution Ex- PROPERTY DAMAGE LIABILITY is deleted . clusion in its title . 2 . The following replaces the last paragraph of A separate limit of insurance applies to Paragraph 2. , Exclusions , of SECTION I " premises damage" as described in Para- COVERAGES — COVERAGE A. BODILY graph 6 . of SECTION III — LIMITS OF IN- SURANCE . " CG D3 16 11 11 0 2011 The Travelers [ndernnity Company. Ali rights reserved . Page 1 of 6 I • COMMERCIAL GENERAL LIABILITY 3 . The following replaces Paragraph 6 . of SEC- C . INCREASED SUPPLEMENTARY PAYMENTS TION III — LIIVIITS OF INSURANCE : 1 . The following replaces Paragraph 'Lb . of Subject to 5. above , the Damage To Prem- SUPPLEMENTARY PAYMENTS --- COVER- ises Rented To You Limit is the most we will AGES A AND B of SECTION I — COVER- pay under Coverage A for damages because AGE : of "premises damage" to any one premises . b. Up to $2 , 500 for the cost of bail bonds The Damage To Premises Rented To You required because of accidents or traffic Limit will apply to all " property damage" law violations arising out of the use of any proximately caused by the same "occur- vehicle to which the Bodily Injury Liability rence" , whether such damage results from : Coverage applies . We do not have to fur- fire ; explosion ; lightning ; smoke resulting from nish these bonds . such fire , explosion , or lightning ; or water; or any combination of any of these causes. 2 . The following replaces Paragraph 1 . d . of SUPPLEMENTARY PAYMENTS — COVER- The Damage To Premises Rented To You AGES A AND B of SECTION 1 — COVER- Limit will be : AGES : a . The amount shown for the Damage To d . All reasonable expenses incurred by the Premises Rented To You Limit on the insured at our request to assist us in the Declarations of this Coverage Pad; or investigation or defense of the claim or b . $300 , 000 if no amount is shown for the "suit" , including actual loss of earnings up Damage To Premises Rented To You to $500 a day because of time off from Limit on the Declarations of this Coverage work . Part . D . INCIDENTAL MEDICAL MALPRACTICE 4. The following replaces Paragraph a . of the 1 . The following is added to the definition of "oc- definition of "insured contract" in the DEFINI- currence" in the DEFINITIONS Section : TIONS Section : " Occurrence" also means an act or omission a. A contract for a lease of premises . How- committed in providing or failing to provide ever, that portion of the contract fora " incidental medical services" , first aid or lease of premises that indemnifies any "Good Samaritan services" to a person . *al-- _. . person or _ organization for "premises_ _-_ - _ - - - — .. 2 . The following is added to-Paragraph 2 .a . ( 1 ) of �'___ damage" is not an " insured contract"; SECTION II — WHO IS AN INSURED : "'_= 5 . The following is added to the DEFINITIONS =- �-�- Section : Paragraph (1 )( d ) above does not apply to in_ "bodily injury" arising out of providing or fail-- "Premises damage" means "property dam- ing to provide : o= age" to : o ( i ) " Incidental medical services" by any of a . Any premises while rented to you or tem - your "employees" who is a nurse practi- porarily occupied by you with permission tioner, registered nurse , licensed practical cn as of the owner; orOIIIIIIIMIIMNIIII nurse , nurse assistant, emergency medi- coMISIMISPI b. The contents of any premises while such cal technician or paramedic; or "� premises is rented to you , if you rent such premises forperiod of seven or fewer ( ii ) First aid or "Good Samaritan services" by any of your "employees" or "volunteer Nwsconsecutive days . workers", other than an employed or val- 6 . The following replaces Paragraph 40b . ( 1 ) ( b) unteer doctor. Any such "employees" or �MEMMi"" of SECTION IV COMMERCIAL GENERAL "volunteer workers" providing or failing to o� LIABILITY CONDITIONS : provide first aid or "Good Samaritan ser- (b) That is insurance for "premises damage " ; vices" during their work hours for you will MISMISIor he deemed to be acting within the scope- al on'_ 7 . Paragraph 4. b . ( 1 )(c ) of SECTION IV — of their employment by you or performing I '= * COMMERCIAL GENERAL LIABILITY CON - duties related to the conduct of your bust- DITIONS is deleted . ness . I Page 2 of 6 © 2011 The Travelers Indemnity Company. All rights reserved . CG D3 16 11 11 005230 • COMMERCIAL GENERAL LIABILITY 3 . The following is added to Paragraph 5 . of 4. Any organization you newly acquire or form , SECTION III — LIMITS OF INSURANCE : other than a partnership , joint venture or lim- For the purposes of determining the applica- ited liability company , of which you are the ble Each Occurrence Limit , all related acts or sole owner or in which you maintain the ma- o missions committed in providing or failing to jority ownership interest , will qualify as a provide " incidental medical services" , first aid Named Insured if there is no other insurance o r "Good Samaritan services" to any one per- which provides similar coverage to that or- son will be deemed to be one " occurrence" . ganization . However: 4. The following exclusion is added to Para- a. Coverage under this provision is afforded graph 2. , Exclusions , of SECTION I — CCV- only : ERAGES — COVERAGE A BODILY INJURY ( 1 ) Until the 180th day after you acquire or AND PROPERTY DAMAGE LIABILITY: form the organization or the end of the Sale Of Pharmaceuticals policy period , whichever is earlier, if you " Bodily injury" or " properly damage" arising do not report such organization in writing o ut of the willful violation of a penal statute or to us within 180 days after you acquire or o rdinance relating to the sale of pharmaceuti- form it ; or call committed by, or with the knowledge or ( 2 ) Until the end of the policy period , when consent of, the insured . that date is later than 180 days after you 5 . The following is added to the DEFINITIONS acquire or form such organization , if you Section : report such organization in writing to us " Incidental medical services" means: within 180 days after you acquire or form a. Medical , surgical , dental , laboratory , x- ray it , and we agree in writing that it will con- y tinue to be a Named Insured until the end or nursing service or treatment , advice or instruction , or the related furnishing of of the policy period ; food or beverages ; or b. Coverage A does not apply to " bodily injury" b . The furnishing or dispensing of drugs or or " property damage" that occurred before medical , dental , or surgical supplies or you acquired or formed the organization ; and appliances. c . Coverage B does not apply to " personal in- • --- FT .0 " or " advertising-advertisin injury" - arisin t- of- an - Goad-Sa riaritan s Mces`i mans-any -enter- - • - jury" -rYarising- out gency medical services for which no compen- offense committed before you acquired or sation is demanded or received . formed the organization . 6. The following is added to Paragraph 4. b . , Ex- F . WHO IS AN INSURED — BROADENED NAMED cess Insurance , of SECTION IV — COM - INSURED — UNNAMED SUBSIDIARIES MERCiAL GENERAL LIABILITY CONDI - TIONS : The following is added to SECTION Ii — WHO IS AN INSURED : The insurance is excess over any valid and collectible other insurance available to the in- Any of your subsidiaries , other than a partnership , • sured , whether primary, excess , contingent or joint venture or limited liability company , that is on any other basis , that is available to any of not shown as a Named Insured in the Declara- your "employees" or "volunteer workers" for lions is a Named Insured if you maintain an own- " bodily injury" that arises out of providing or ership interest of more than 50% in such subsidi - failing to provide " incidental medical ser- ary on the first day of the policy period . vices" , first aid or "Good Samaritan services" No such subsidiary is an insured for " bodily injury" to any person to the extent not subject to or " property damage" that occurred , or "personal Paragraph 2 .a. (1 ) of Section II — Who Is An injury" or "advertising injury" caused by an of- insured . fense committed after the date , if any , during the E. WHO IS AN INSURED NEWLY ACQUIRED policy period , that you no longer maintain an OR FORMED ORGANIZATIONS ownership interest of more than 50% in such sub The following replaces Paragraph 4 . of SECTION sidiary. II — WHO IS AN INSURED: IB CG D3 16 1 '1 1 1 © 2011 The Travelers Indemnity Company . Al! rights reserved . Page 3 of 6 I I COMMERCIAL GENERAL LIABILITY G . BLANKET ADDITIONAL INSURED OWNERS , H . BLANKET ADDITIONAL INSURED - LESSORS MANAGERS OR LESSORS OF PREMISES OF LEASED EQUIPMENT The following is added to SECTION II -- WHO IS The following is added to SECTION II - WHO IS AN INSURED : AN INSURED : Any person or organization that is a premises Any person or organization that is an equipment owner, manager or lessor and that you have lessor and that you have agreed in a written con - agreed in a written contract or agreement to in - tract or agreement to include as an insured on elude as an additional insured on this Coverage this Coverage Part is an insured , but only with re- Part is an insured , but only with respect to liability spect to liability for " bodily injury" , " property darn- for " bodily injury" , "property damage" , " personalinjury" age" , " personal injury" or " advertising that : injury" or " advertising injury" that : " property a . Is " bodily injury" or " property damage" that a . Is " bodily injury" or damage" that occurs , or is " personal injury" or "advertising occurs , or is " personal injury" or " advertising injury" caused by an offense that is commit- injury" caused by an offense that is commit- ted , subsequent to the execution of that con - ted , subsequent to the execution of that con- tract or agreement ; and tract or agreement; and b . Is caused , in whole or in part , by your acts or b . Arises out of the ownership , maintenance or omissions in the maintenance , operation or use of that pad of any premises leased to use of equipment leased to you by such you . equipment lessor. The insurance provided to such premises owner, The insurance provided to such equipment lessor manager or lessor is subject to the following pro- is subject to the following provisions : visions : a. The limits of insurance provided to such a . The limits of insurance provided to such equipment lessor will be the minimum limits premises owner, manager or lessor will be which you agreed to provide in the written the minimum limits which you agreed to pro- contract or agreement , or the limits shown on vide in the written contract or agreement , or the Declarations , whichever are less . the limits shown on the Declarations , which- v.... ever are less. b . The insurance provided to such equipment - - -�- _ - -lessor daes _ not apply to any " bodily injury" or T:i b . The insurance provided to such premises "property damage" that occurs , or "personal (7)— manager or lessor does not apply to : r----i injury" or "advertising injury" caused by an of- CN'"' "' ( 1 ) Any "bodily injury" or " property damage" fense that is committed , after the equipment �' that occurs , or !' personal injury" or "adver- lease expires . cis tising injury" caused by an offense that is c , The insurance provided to such equipment (:)=8-7committed , after you cease to be a tenant lessor is excess over any valid and collectible Q- in that premises; or other insurance available to such equipment • °' (2) Structural alterations , new construction or lessor, whether primary , excess, contingent n demolition operations performed by or on or on any other basis , unless you have ONNIONNOII N,_. behalf of such premises owner, lessor or agreed in the written contract or agreement manager. that this insurance must be primary to , or NIIIIIIIn C. The insurance provided to such premises non-contributory with , such other insurance , so in which case this insurance will be primary owner manager or lessor is excess over any owner, manager ?a=valid and coecteoernsuranceavable os to such premises owner, manager or lessor, surance . ow whether primary , excess, contingent or on I . BLANKET ADDITIONAL INSURED - STATES --~ any other basis , unless you have agreed in OR POLITICAL SUBDIVISIONS - PERMITS a. - the written contract or agreement that this in- . �___ f emust be primary or non- The following is added to SECTION II -- WHO IS _ surance to , AN INSURED : contributory with , such other insurance , in which case this insurance will be primary to , Any state or political subdivision that has issued a and non- contributory with , such other insur- permit in connection with operations performed by ance . you or on your behalf and that you are required Page 4 of 6 © 2011 The Travelers Indemnity Company. All rights reserved . CG D3 16 11 11 005231 COMMERCIAL GENERAL LIABILITY by any ordinance , law or building code to include ( ii ) A manager of any limited liability as an additional insured on this Coverage Part is company ; or an insured , but only with respect to liability for ( iii ) An executive officer or director of " bodily injury" , "property damage" , " personal in- any other organization ; jury" or "advertising injury" arising out of such op- that is your partner, joint venture erations. member or manager; or The insurance provided to such state or political ( b) Any "employee" authorized by such subdivision does not apply to : partnership, joint venture , limited Ii- a. Any " bodily InJury, ", " property ro "per- ability company or other organization y damage , "g , �� sonal injury" or " advertising injury" arising out to give notice of an "occurrence" or of operations performed for that state or po- offense . litical subdivision ; or ( 3 ) Notice to us of such "occurrence" or of an b. Any " bodily injury" or "property damage" in - offense will be deemed to be given as cluded in the "products-completed operations soon as practicable if it is given in good hazard" . faith as soon as practicable to your work- J . KNOWLEDGE AND NOTICE OF OCCUR- ers' compensation insurer. This applies RENCE OR OFFENSE only if you subsequently give notice to us ra Duties In of the "occurrence" or offense as soon as The following is added to Paragraph ph . f practicable after any of the persons de- The Event of Occurrence , Offense, Claim or SECTION IV — COMMERCIAL GEN - ERAL scribed in Paragraphs e . ( 1 ) or (2) above Suit , of discovers that the "occurrence" or offense ERAL LIABILITY CONDITI0NS : � may result in sums to which the insurance e . The following provisions apply to Paragraph provided under this Coverage Part may a . above , but only for the purposes of the in- apply _ surance provided under this Coverage Part to en - you or any insured listed in Paragraph 1 . or 2 . However, if this Coverage Part includes an en - y dorsement that provides limited coverage for of Section II — Who Is An Insured : " bodily injury" or " property dama e" or pollution "occurrence" 1 rY g ( 1 ) Notice to us of such occurrence or of- costs arising out of a discharge , release or es- fense must be given as soon as pracica� - .-- - - - . - - cape of "pollutants" which contains a requirement _ - _ - - - - ble only after the " occurrence" or offense that the discharge , release or escape of "pollut- is known by you (if you are an individual) , ants" must be reported to us within a specific any of your partners or members who is number of days after its abrupt commencement , an individual (if you are a partnership or this Paragraph e . does riot affect that require- joint venture) , any of your managers who ment is an individual (if you are a limited liability K. UNINTENTIONAL OMISSION company) , any of your "executive offi - cers" or directors (if you are an organiza- The following is added to Paragraph 6 . , Repre - tion other than a partnership , joint venture sentations , of SECTION IV — COMMERCIAL or limited liability company) or any "ern- GENERAL LIABILITY CONDITIONS : ployee" authorized by you to give notice The unintentional omission of, or unintentional of an " occurrence" or offense . error in , any information provided by you which (2 ) If you are a partnership, joint venture or we relied upon in issuing this policy will not preju - limited liability company , and none of your dice your rights under this insurance . However, partners , joint venture members or man - this provision does not affect our right to collect agers are individuals , notice to us of such additional premium or to exercise our rights of "occurrence" or offense must be given as cancellation or nonrenewal in accordance with soon as practicable only after the "occur- applicable insurance laws or regulations . rence" or offense is known by: L . BLANKET WAIVER OF SUBROGATION (a) Any individual who is : The following is added to Paragraph 8 . , Transfer ( I ) A partner or member of any part- Of Rights Of Recovery Against Others To Us , nership or joint venture ; of SECTION IV — COMMERCIAL GENERAL LI - ABILITY CONDITIONS : CC 03 16 1 1 11 © 2011 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 1 . COMMERCIAL GENERAL LIABILITY If the insured has agreed in a contract or agree- 3. " Bodily injury" means bodily injury, mental ment to waive that insured's right of recovery anguish , mental injury, shock, fright, disability , against any person or organization , we waive our humiliation , sickness or disease sustained by right of recovery against such person or organiza- a person , including death resulting from any tion , but only for payments we make because of: of these at any time . a. "Bodily injury" or "property damage" that oc- N . CONTRACTUAL LIABILITY — RAILROADS curs; or 1 . The following replaces Paragraph c . of the b. "Personal injury" or "advertising injury" definition of "insured contract" in the DEFINI- caused by an offense that is committed ; TIONS Section : subsequent to the execution of that contract or c. Any easement or license agreement; agreement. 2. Paragraph f.(1 ) of the definition of "insured M . AMENDED BODILY INJURY DEFINITION contract" in the DEFINITIONS Section is de- leted . The following replaces the definition of "bodily injury" in the DEFINITIONS Section : • CN1 M CN S I Ind • OS ....,......rte O S O S I O7 IS CO Irrrrr. I N SWIM C , SI IMrrn • 1 NIS %Inirw S I n`� • O . • rialPlirn IS S I aoMina IPS *SR Page 6 of 6 a 2011 The Travelers Indemnity Company. All rights reserved. CO D3 16 11 11 005232 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following : BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless codi- fied by the endorsement . GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage . However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties , and what is and is not covered , A. BROAD FORM NAMED INSURED H . HIRED AUTO PHYSICAL DAMAGE LOSS OF USE — INCREASED LIMIT B. BLANKET ADDITIONAL INSURED I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT C. EMPLOYEE HIRED AUTO J . PERSONAL EFFECTS D. EMPLOYEES AS INSURED K. AIRBAGS E. SUPPLEMENTARY PAYMENTS --- INCREASED L. NOTICE AND KNOWLEDGE OF ACCIDENT LIMITS OR LOSS F. HIRED AUTO eaa LIMITED WORLDWIDE M. BLANKET WAIVER OF SUBROGATION " COVERAGE — INDEMNITY BASIS O. WAIVER OF DEDUCTIBLE GLASS N, UNINTENTIONAL ERRORS OR OMISSIONS ra=— = PROVISIONS saw A. BROAD FORM NAMED INSURED executed by you before the "bodily injury" or "properly damage occurs and that is in effect p,® The following is added to Paragraph A. 1 . , Who Is An Insured , of SECTION II — LIABILITY COV- during the policy period , to be named as an addi- o..a-- ERAGE : tional insured is an "insured" for Liability Cover- age , but only for damages to which this insurance its Any organization you newly acquire or form dur- applies and only to the extent that person or or- ing the policy period over which you maintain ganization qualifies as an "insured" under the 50% or more ownership interest and that is not Who Is An Insured provision contained in Section separately insured for Business Auto Coverage, Coverage under this provision is afforded only un- til the 180th day after you acquire or form the ors, C. EMPLOYEE HIRED AUTO masa ganization or the end of the policy period, which- 1 , The following is added to Paragraph A. 1 . , � ever is earlier. Who Is An Insured, of SECTION II — 0 Lt� B. BLANKET ADDITIONAL INSURED ABILITY COVERAGE: --� An "employee" of yours is an "insured " while The following is added to Paragraph c. in A, 1 . , �, Who Is An Insured , of SECTION II — LIABILITY operating an auto hued ar rented under a contract o r agreement in that employee,s COVERAGE �--- name , with your permission , while performing Any person or organization who is required under duties related to the conduct of your busi- a written contract or agreement between you and ness . that person or organization , that is signed and CA 13 53 03 10 © 2010 The Travelers Indemnity CQrnpa.ny, Page 1 of 4 Includes copyrighted material of Ensurance Services Office, Inc. with its permission. 001828 0 0 COMMERCIAL AUTO 2. The following replaces Paragraph b, in B.5. , within such country or jurisdiction , for Liability Other Insurance, of SECTION IV DUSK - Coverage for any covered "auto" that you NESS AUTO CONDITIONS : lease , hire, rent or borrow without a driver for ForHiredAuto Physical Damage Cover- a period of 30 days or less and that is not an b . y "auto" you lease, hire, rent or borrow from age , the following are deemed to be cov- any of your "employees", partners (if you are ored autos" you own : a partnership) , members (if you are a limited (1 ) Any covered "auto" you tease , hire , liability company) or members of their house- rent or borrow; and holds . (2) Any covered t'auto" hired or rented by (a) With respect to any claim made or "suit" your "employee" under a contract in brought outside the United States of that individual "employee's" name , America , the territories and possessions with your permission, while perform- of the United States of America, Puerto ing duties related to the conduct of Rico and Canada : your business. (I) You must arrange to defend the "in- However, any "auto" that is leased , hired, cured" against, and investigate or set- rented or borrowed with a driver is not a lie any such claim or "suit" and keep covered "auto". us advised of all proceedings and ac- 04 EMPLOYEES AS INSURED tions, The following is added to Paragraph A.1 . , Who Is (ii ) Neither you nor any other involved An Insured, of SECTION II ��LIABILITY COV- insured will make any settlement ERAGE: without our consent. Any "employee" of yours is an "insured" while us- (iii) We may, at our discretion , participate ing a covered auto" you don`t own , hire or borrow in defending the "insured" against, or in your business or your personal affairs. in the settlement of, any claim or "suit". E. SUPPLEMENTARYSUPPLEMENTARYPAYMENTS INCREASED LIMITS (iv) We will reimburse the "Insureds" for stuns that the 'Insured{' legally must 1 . The following replaces Paragraph A. 2,a.(2), pay as damages because of " bodily of SECTION II en LIABILITY COVERAGE : injury" or "property damage" to which (2) Up to $3,000 for cost of bail bonds (in- this insurance applies, that the "in- cluding bonds for related traffic law viola- sureci" pays with our consent, but lions) required because of an "accident" only up ₹o the limit described in Para- we cover. We do not have to furnish graph C., Limit Of Insurance , of SEC- these bonds. TION 11 — LIABILITY COVERAGE. 2, The following replaces Paragraph A.2.a.(4), (v) We will reimburse the "insured{" for of SECTION 11 wit. LIABILITY COVERAGE: the reasonable expenses incurred All reasonable expenses incurred by the with our consent for your investiga- "insured" ( � p at our, request , including actual tion of such claims and your defense loss of earnings up In $500 a day be- of the "insured ' against any such cause of time off from work. "suit", but only up to and included within the limit described in Para- F. HIRED AUTO LIMITED WORLDWIDE COV- graph C. , Limit Of Insurance, of ERAGE - INDEMNITY BASIS SECTION II — LIABILITY COVER- The following replaces Subparagraph (5) in Para- AGE , and not in addition to such limit. graph B. 7. , Policy Period , Coverage Territory, Our duty to make such payments Of SECTION IV an BUSINESS AUTO CONDI ends when we have used up the apt TIONS : plicable limit of insurance in pay- (5) .r in the world , except any county or merits for damages, settlements or Anywhere p � jurisdiction while any trade sanction , ern defense expenses. barge, or similar regulation imposed by the (b) This insurance is excess over any valid United States of America applies to and pro- and collectible other insurance available hibits the transaction of business with or Page 2 of 4 2010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material or Insurance Services Office, Inc, with its permission. • . COMMERCIAL AUTO to the "insured" whether primary, excess ..I. PERSONAL EFFECTS contingent or on any other, basis. The following is added to Paragraph A. 4. , Cover- (c) This insurance is not a substitute for re- age Extensions , of SECTION Ilt PHYSICAL quired or compulsory insurance in any DAMAGE COVERAGE : country outside the United States, its ter- Personal Effects ritories and possessions , Puerto Rico and Canada . We will pay up to $400 for " loss" to wearing ap- parel and other personal effects which are: You compulsory insurance in any such cowl- ( 1 ) Owned by an "insured& and try up to the minimum limits required by (2) In or on your covered "auto". local law. Your failure to comply with This coverage applies only in the event of a total compulsory insurance requirements will theft of your covered ''auto" . not invalidate the coverage afforded by this policy, but we will only be liable to the No deductibles apply to this Personal Effects same extent we would have been liable coverage. had you complied with the compulsory in- K. AIRBAGS surance requirements. The following is added to Paragraph E. 3. , Exclu - (d) It is understood that we are not an admit- sions, of SECTION Itt — PHYSICAL DAMAGE ted or authorized insurer outside the COVERAGE United States of America, its territories Exclusion 3.a. does not apply to "loss" to one or- and possessions, Puerto Rico and Can- more airbags in a covered " auto" you own that in.- ado. We assume no responsibility for the flats due to a cause other than a cause of "loss" furnishing of certificates of insurance, or set forth in Paragraphs and A/t , c. , but for compliance in any way with the laws only: of other countries relating to insurance, C. WAIVER OF DEDUCTIBLE -- GLASS a. If that °auto" is a covered ",auto" for Compre- hensive Coverage under this policy; The following is added to Paragraph D. , Deduct- b .b , The airbags are not covered under any war- ble, of SECTION III r- PHYSICAL DAMAGE rant}; and InstaCOVERAGE : No deductible for a covered "auto" will apply to a. The airbags were not intentionally inflated . glass damage if the glass is repaired rather than We will pay up to a maximum of $1 , 000 for any .a,MOSSII replaced . one " loss" . ININa H . HIRED AUTO PHYSICAL DAMAGE LOSS OF L. NOTICE AND KNOWLEDGE OF ACCIDENT OR owsmen USE INCREASED LIMIT LOSS ,p4 tag ,,••, The following replaces the last sentence of Para-- The following is added to Paragraph A.2.a. , of o� graph A.4. b . , Loss Of Use Expenses , of SEC- SECTION IV — BUSINESS AUTO CONDITIONS : TION 11I — PHYSICAL DAMAGE COVERAGE : Your duty to give us or our authorized representa- ``'. " However, the most we will pay for any expenses five prompt notice of the "accident" or "loss" ap- for loss of use Is $65 per day, to a maximum of plies only when the "accident" or "loss" is known = $750 for any one "accident". to: I . PHYSICAL DAMAGE — TRANSPORTATION (a) You (if you are an individual) ; EXPENSES — INCREASED LIMIT (b) A partner (if you are a partnership) ; `'pampas The following replaces the first sentence in Pam- (c) A member (if you are a limited liability com- p__ graph A.4.a. , Transportation Expenses, of pan y) ; Q= SECTION Ill PHYSICAL DAMAGE COVER,- (ci) An executive officer, director or insurance AGE : manager (if you are a corporation or other or- cosa We will pay up to $50 per day to a maximum of garilzation) ; or $1 , 500 for temporary transportation expense in, e "employee" authorized by you to give you because of the total theft of a coy- lice Any ,� ,� �� o- cu rred b Y lice of the accident or "loss" . erect "auto" of the private passenger type. CA T3 53 03 10 G 2010 The Travelers Indemnity Company. Page 3 of 4 Includes copyrighted material of EnsuranDe Services Office, Inc. with its permission. 001829 I b COMMERCIAL AUTO M , BLANKET WAIVER OF SUBROGATION such contract. The waiver applies only to the The following replaces Paragraph A.5. , Transfer person or organization designated in such p contract. Of Rights Of Recovery Against Others To Us , of SECTION IV — BUSINESS AU-TO -C-ONDI- N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B .2. , Con - 5 . Transfer Of Rights Of . Recovery Against cealment, Misrepresentation, Or Fraud, of Others To Us SECTION IV BUSINESS AUTO CONDITIONS : We waive any right of recovery we may have The unintentional omission of, or unintentional against any person or organization to the ex- error in, any information given by you shall not tent required of you by a written contract prejudice your rights under this insurance . Flown signed and executed prior to any "accident'4 ever this provision does riot affect °Or right to col- or "loss", provided that the 'accident" or "loss" lect additional premium or exercise our right of arises out of operations contemplated by cancellation or non-renewal . Page 4 of 4 © 2010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material of Insurance Services Office, Inc. with its permission , S 1 0 PINN/ACOL7501 E Lowry Blvd Denver, CO 80230-7006 ASSURANCE 303-361 -4000 / 800-873-7242 www . pinnacol . com NCCI #: WC000313B Policy #: 3027994 Mountain Constructors Inc Holmes , Murphy and Associates , LLC PO Box 405 7600 E . Orchard Road Platteville , CO 80651 Suite 330-S Greenwood Village , CO 80111 (720 ) 622-8242 ENDORSEMENT : Blanket Waiver of Subrogation We have the right to recover our payments from anyone liable for an injury covered by this policy . We will not enforce our right against the person or organization named in the Schedule . This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us . This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule . SCHEDULE To any person or organization when agreed to under a written contract or agreement, as defined above and with the insured , which is in effect and executed prior to any loss . Effective Date : July 1 , 2015 Expires on : July 1 , 2016 Pinnacol Assurance has issued this endorsement July 1 , 2015 . Abe Tomas Underwriter 7501 E Lowry Blvd Denver, CO 80230-7006 Page 1 of 1 P ISA - 07/01 /2015 18 :42 :04 3027994 44328178 359-B 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 Date Page Index of Project Special Provisions ( May 15 , 2015) SP- 1 Notice to Bidders (May 15 , 2015) SP- 3 Commencement and Completion of Work ( May 15 , 2015) SP-4 Section 13100 — Project Management and Coordination ( May 15 , 2015) SP- 5 , 6 Section 15000 — Construction and Temporary Facilities ( May 15 , 2015) SP- 7 Revision of Section 101 — Definition of Terms ( May 15 , 2015) SP- 8 Revision of Section 105 — Control of Work ( May 15 , 2015) SP- 9 Revision of Section 106 — Control of Materials ( May 15 , 2015) SP- 10 Revision of Section 107 — Legal Relations and Responsibility to the ( May 15 , 2015) SP- 11 Public Revision of Section 109 — Measurement and Payment ( May 15 , 2015) SP- 12 Revision of Section 202 — Removals ( May 15 , 2015) SP- 13 Revision of Section 202 —Removal of Asphalt Mat ( May 15 , 2015) SP14 , 15 , 16 Revision of Section 202 — Reclaimed Asphalt Pavement Millings ( May 15 , 2015) SP- 17 Revision of Section 202 — Clean Culverts ( May 15 , 2015) SP- 18 Revision of Section 203 — Excavation and Embankment ( May 15 , 2015) SP- 19 , 20 Revision of Section 208 — Erosion Control ( May 15 , 2015) SP-21 . 22 Revision of Section 209 — Watering and Dust Palliatives ( May 15 , 2015) SP-23 Revision of Section 210 — Remove and Reset ( May 15 , 2015) SP-24 Revision of Section 212 — Seeding , Fertilizer, Soil Conditioner, and ( May 15 , 2015) SP-25 Sodding Revision of Section 213 — Mulching (May 15 , 2015) SP-26- 30 Revision of Section 216 — Soil Retention Covering ( May 15 , 2015) SP- 31 - 38 Revision of Section 304 — Aggregate Base Course ( Surface Gravel ) ( May 15 , 2015) SP- 39 , 40 Revision of Section 310 — Full Depth Reclamation ( FDR) ( May 15 , 2015) SP-41 -44 Revision of Section 403 — Hot Mix Asphalt (May 15 , 2015) SP-45 Revision of Section 403 — Hot Mix Asphalt Ticket Collection ( May 15 , 2015) SP-46 Revision of Section 411 — Bituminous Materials ( May 15 , 2015) SP-47 Revision of Section 506 — Riprap ( May 15 , 2015) SP-48 Revision of Section 601 — Structural Concrete ( May 15 , 2015) SP-49 Revision of Section 603 — Culverts and Sewers ( May 15 , 2015) SP- 50- 51 Revision of Section 625 — Construction Surveying ( May 15 , 2015) SP- 52 Revision of Section 626 — Mobilization ( May 15 , 2015) SP- 53 Revision of Section 627 — Pavement Markings ( May 15 , 2015) SP- 54 Revision of Section 630 — Construction Zone Traffic Control ( May 15 , 2015) SP- 55- 56 Force Account Items ( May 15 , 2015 ) SP- 57 General 1 - Traffic Control Plan ( May 15 , 2015) SP- 58 General 2 - Utilities\Railroad Coordination (May 15 , 2015) SP- 59-60 Irrigation Coordination (May 15 , 2015) SP-61 -62 SP- 1 REVISION OR ADDITION TO "2011 CDOT STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION" AND ALL SUPPLEMENTALS AND/OR "WELD COUNTY ENGINEERING AND CONSTRUCTION CRITERIA ' DATED APRIL 2012 . SP-2 NOTICE TO BIDDERS The proposal guaranty shall be a certified check , cashier's check, or bid bond in the amount of 5 percent 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 . The bidders are advised that the county may eliminate some of the project scope to accommodate the project budget. This could include eliminating part of or one entire roadway segment. Information regarding the project may be obtained from the following authorized representatives . Matt Laporte , P . E . Project Manager Weld County Public Works Department 1111 H Street Greeley , CO 80632 Office Phone : 970-304-6496 ext. 3725 Don Dunker, P . E . County Engineer Weld County Public Works Department 1111 H Street Greeley , CO 80632 Office Phone : 970-304-6496 ext. 3749 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 . Attachments to be provided to successful bidder : " Soils Exploratory Report , WCR 126 Fr I -25 to CR 17" , as included in this set of specifications , prepared by Weld County " Soils Exploratory Report , WCR 13 From CR 38 to CR 42" , as included in this set of specifications , prepared by Weld County " Soils Exploratory Report , WCR 19 From CR 12 to CR 8 " , as included in this set of specifications , prepared by Weld County Temporary Construction Easement Documents CDPHE Storm Water Discharge Permits Little Thompson Water District Construction Plans (for reference only , LTWD is performing work on their water line and appurtenances in advance of this project scope . ) SP-3 COMMENCEMENT AND COMPLETION OF WORK The Contractor shall commence work under the Contract on within 5 days after the date of the " Notice to Proceed " letter and will complete all work within 75 calendar days unless the period for completion is extended otherwise by the Contract Documents . Salient features to be shown on the Contractor' s Progress Schedule are: 1 . Mobilization 2 . Construction Surveying 3 . Storm water Management 4 . Traffic Control 5 . Potholing 6 . Removal of asphalt mat 7 . Excavation 8 . Embankment 9 . Culverts 10 . Full Depth Reclamation with Cement Treated Base 11 . Removal and Disposal of Sediment 12 . Aggregate Base Course ( Surface Gravel) 13 . Hot Mix Asphalt paving (must be done before October 15 , 2015) 14 . Permanent striping 15 . Erosion Control Blankets 16 . Signage 17 . Project Completion 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 at least weekly . Provide schedule based on phases of construction . Subsection 108 .08 (a ) 2. Shall include the following : The contract is for 75 calendar days ; no additional days will be added to the contract for inclement weather. END OF SECTION SP-4 SECTION 013100 PROJECT MANAGEMENT AND COORDINATION PART 1 — GENERAL 1 . 1 COORDINATION A. Coordinate scheduling , submittals , and Work of the various sections of the Contract Documents to assure efficient and orderly sequence of installation of interdependent construction elements , with provisions for accommodating items installed later . B . The contractor shall contact the Utility Notification Center of Colorado at least 48 hours prior to construction . Call 811 . 1 . 2 PRECONSTRUCTION MEETING A. Contractor shall attend a meeting after Notice of Award . The preconstruction meeting is to be scheduled at time of award . B . Attendance Required : Owner, Engineer, Weld County Representative , and Contractor. C . Agenda : 1 . Distribution of Contract Documents . 2 . Submission of list of Subcontractors , list of Products , schedule of values , and progress schedule . 3 . Designation of personnel representing the parties in Contract. 4 . Procedures and processing of field decisions , submittals , substitutions , applications for payments , proposal request, Change Orders , and Contract closeout procedures . 5 . Scheduling . D . Engineer ( Baseline) to record minutes and distribute copies within five days after meeting to all participants and those parties affected by decisions made . 1 . 3 PROGRESS MEETINGS A. Weld County Project Manager to schedule and administer meetings throughout progress of the Work at weekly intervals . B . Make arrangements for meetings , prepare agenda with copies for participants , and preside at meetings . C . Attendance Required : Job superintendent, major subcontractors and suppliers , Owner, Engineer, Weld County Representative , as appropriate to agenda topics for each meeting . D . Agenda : 1 . Review minutes of previous meetings . 2 . Review of Work progress . SP-5 3 . Field observations , problems , and decisions . 4 . Identification of problems , which impede planned progress . 5 . Review of submittals schedule and status of submittals . 6 . Maintenance of progress schedule . 7 . Corrective measures to regain projected schedules . 8 . Planned progress during succeeding work period . 9 . Coordination of projected progress 10 . Maintenance of quality and work standards . 11 . Effect of proposed changes on progress schedule and coordination . 12 . Other business relating to Work . E . Weld County Project Manager to record minutes and distribute copies within five days after meeting to all participants and those parties affected by decisions made . MEASUREMENT AND PAYMENT Incidental to the work and no extra payment will be made. END OF SECTION • SP-6 SECTION 15000 CONSTRUCTION AND TEMPORARY FACILITIES PART 1 - GENERAL 1 . 1 CONSTRUCTION FACILITIES A. Furnish temporary services and utilities , including use fees and operation costs for: potable water; lighting and power; and materials storage . B . Furnish personnel support facilities including : sanitary facilities ; drinking water; first aid supplies and facilities ; and trash removal . C . Do not park vehicles or equipment or store materials on private property without written permission from the property owner. D . A construction staging/laydown area is to be provided by the contractor (at no additional cost) . 1 . 2 SECURITY Provide fencing , barricades, warning signs, and lights to secure all work areas , equipment, and materials . 1 . 3 HAUL/DETOUR ROUTES Obtain WELD COUNTY approval of haul and detour routes . Contractor to be responsible for haul route and detour route maintenance during construction duration . This is to include roadway grading to remove ruts and wash board condition as well as dust control . MEASUREMENT AND PAYMENT Incidental to the Work and no separate payment is made for these items . END OF SECTION SP- 7 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 : S ubsection 101 .28 : " Department" shall mean the Weld County Public Works Department. S ubsection 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 . S ubsection 101 . 76 : " State" shall mean Weld County. END OF SECTION SP-8 mins REVISION OF SECTION 105 CONTROL OF WORK Section 105 of the Standard Specifications is hereby revised for the project as follows : Add the following requirement : The Contractor shall prepare and submit a detailed Construction Site Management and Phasing Plan to the Engineer and Weld County for review and approval . The contractor is to allow and plan for a 5 day review period of these documents by the Engineer and Weld County. Add the following requirement : It is required that the Contractor has on- board GPS equipment installed and operational on project motor graders used to establish final subgrade . Contractor shall verify subgrade elevations as required . Add the following requirement : The Contractor is to have the ability to provide all necessary water to support the work . The intent is for the Contractor to provide all of the construction water for the project. The bid shall include all costs to supply, transport to and from the water source , on-site storage as necessary, and placement. We expect water use to include but not be limited to : Dust suppression Obtaining proper compaction To facilitate FDR process To water seeded areas to establish and maintain growth Water is to be considered incidental to the project bid items and will not be paid for separately. Subsection 105 . 02 : Weld County will review all submittals . Subsection 105.07 shall include the following : Pavement surfaces shall be tested and evaluated for longitudinal smoothness using the same method as per CDOT spec book under the transverse pavement surface smoothness . The Pavement Surface Smoothness shall not be subject to any incentive/disincentive payments for roadway smoothness . 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 SP-9 REVISION OF SECTION 106 CONTROL OF MATERIAL Section 106 of the Standard Specifications is hereby revised for this project as follows : Subsection 106 . 03 : The Contractor shall prepare and submit a materials testing schedule and frequency matrix for review and approval by the Engineer and Weld County . The matrix is to meet all CDOT specifications and requirements . The Contractor is responsible to arrange and pay for all materials testing . Contractor to provide QC testing and Weld County to provide QA testing . END OF SECTION SP- 10 REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC Section 107 of the Standard Specifications is hereby revised for the project as follows : S ubsection 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 . S ubsection 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. S ubsection 107 . 18 shall be revised to include the following : For this project the insurance certificates shall name Weld County (Weld ) as additionally insured parties . S ubsection 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 . Temporary fencing required by adjacent landowners will be furnished , installed , and removed at no additional cost. S ubsection 107 . 25 - The Contractors attention is directed to this subsection : The requirements as called out in this subsection will be strictly enforced . Weld County has submitted an application to the State of Colorado for a General Permit for Stormwater Discharges Associated with Construction Activities . The Contractor shall be responsible for complying with the applicable requirements of this permit. The County Inspector shall serve as the Erosion Control Supervisor ( ECS) for this project. END OF SECTION SP- 11 REVISION OF SECTION 109 MEASUREMENT AND PAYMENT Section 109 of the Standard Specifications is hereby revised for the project as follows : 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 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 SP- 12 is REVISION OF SECTION 202 REMOVALS Section 202 of the Standard Specifications is hereby revised for this project as follows : ' Subsection 202 . 02 shall include the following : Culverts designated in the Contract to be removed shall be become the property of the contractor and disposed of properly . MEASUREMENT AND PAYMENT Incidental to the Install Culvert Items and no separate payment is made for this work . END OF SECTION • SP- 13 REVISION OF SECTION 202 REMOVAL OF ASPHALT MAT ( PLANING ) Section 202 of the Standard Specifications is hereby revised for this project as follows : Delete subsection 202. 09, and replace it with the following : 202. 09 Removal of Asphalt Mat ( Planing ) . Prior to beginning planing operations , the Contractor shall submit a planing plan and a Quality Control Plan (QCP) for approval by the Engineer. The planing plan shall include at a minimum : ( 1 ) The number, types and sizes of planers to be used . (2) The width and location of each planing pass . (3) The number and types of brooms to be used and their locations with respect to the planers . (4) The proposed method for planing and wedging around existing structures such as manholes , valve boxes , and inlets . ( 5) The longitudinal and transverse typical sections for tie- ins at the end of the day. (6) If requested by the Engineer, a plan sheet showing the milling passes . The QCP shall include as a minimum : ( 1 ) The schedule for replacing the cutting teeth . (2) The daily preventive maintenance schedule and checklist. ( 3) Proposed use of automatic grade controls . (4) The surface testing schedule for smoothness . ( 5) The process for filling distressed areas . (6) The schedule for testing macrotexture of the milled surface . (7) Corrective procedures if the milled surface does not meet the minimum macrotexture specification . (8) Corrective procedures if the milled surface does not meet the minimum transverse or longitudinal surface finish when measured with a 10 foot straightedge . The existing pavement shall be milled to the cross-slope as shown on the plans , and shall have a surface finish that does not vary longitudinally or transversely more than 3/8 inch from a 10 foot straightedge . A 10 foot straightedge shall be supplied by the Contractor . All milled surfaces shall be broomed with a pick- up broom , unless otherwise specified , before being opened to traffic. A sufficient number of brooms shall be used immediately after planing to remove all milled material remaining in the roadway. If the Contractor fails to adequately clean the roadway , work shall cease until the Engineer has approved the Contractor's revised written proposal to adequately clean the roadway . The milled surface shall have a macrotexture equal to or less than 0 . 170 inches for single- lift overlays and 0 . 215 inches for multiple- lift overlays as tested in accordance with CP 77 . Milled surfaces that do not meet these criteria shall require corrective action in accordance with the QCP . The Contractor shall be responsible for testing the macrotexture of the milled surface at the location directed by the Engineer in accordance with CP 77 at a stratified random frequency of one test per 10 , 000 square yards or a minimum of once per work day. SP- 14 At the completion of each day's work , longitudinal vertical edges greater than 1 inch shall be tapered . No transverse vertical edges will be allowed . Longitudinal milled surface tie- ins to existing pavement shall be tapered to not less than a 3 : 1 slope , transverse milled surface tie- ins to existing pavement shall be tapered to not less than a 50 : 1 slope . Transverse tapered joints may be tapered with the planing machine , a temporary asphalt ramp , or other methods approved by the Engineer. No longitudinal joint between the milled and existing surfaces shall fall between 1 to 5 feet of any lane line . If the transverse joint is tapered with a temporary asphalt ramp , the milled surface at the joint shall be constructed as a butt joint the full depth of the lift of asphalt to be placed on the milled surface . The Contractor shall be responsible for maintaining this asphalt ramp until all corresponding HMA is placed . All work associated with this joint will not be paid for separately, but shall be included in the cost of planing . If the transverse joint is tapered with a planing machine , a butt joint shall be cut into the taper the full depth of the lift of asphalt to be placed on the milled surface prior to commencement of resurfacing . All work associated with this joint will not be paid for separately, but shall be included in the cost of planing . Other approved transverse joint tapers shall be maintained at the expense of the Contractor, and at a minimum shall incorporate a butt joint the full depth of the lift of asphalt to be placed on the milled surface prior to commencement of resurfacing . Distressed or irregular areas identified in the planed surface by the Engineer shall be patched . This work will not be measured and will be incidental to the planing work . The roadway shall be left in a safe and usable condition at the end of each work day . The Contractor shall take appropriate measures to ensure that the milled surface does not trap or hold water. All required pavement markings removed by the planing shall be restored before the roadway is opened to traffic . All planing shall be completed full width and parallel to the travel lanes before resurfacing commences unless otherwise directed by the Engineer. All material generated by the planing operation shall become the property of the Contractor unless otherwise noted in the Contract. Add subsection 202 . 091 immediately following subsection 202 . 09 as follows : 202 . 091 Equipment Each planer shall conform to the following : The planer shall have sufficient power, traction and stability to maintain an accurate depth of cut. The propulsion and guidance system of the planer shall be maintained in such condition that the planer may be operated to straight and true lines . The planer shall be capable of operating with automatic grade controls (contact or non-contact) on both sides of the machine using a 30 foot averaging system or other approved grade control systems . The use of such controls shall be described in the Contractor's QCP . The planer shall be capable of picking up the removed material in a single operation . A self loading conveyor shall be an integral part of the planer. Windrows will not be allowed . SP- 15 Subsection 202 . 11 shall include the following : Removal of asphalt mat ( planing) (special ) will be measured by the area in square yards completed to the full depth of the existing roadway section and accepted . Subsection 202. 12 shall include the following : Macrotexture testing , macrotexture corrective actions , planers , brooms and all other work necessary to complete the item will not be measured and paid for separately, but shall be included in the work . Payment will be made under: Pay Item Pay Unit Removal of Asphalt Mat ( Planing) Square Yard END OF SECTION SP- 16 REVISION OF SECTION 202 RECLAIMED ASPHALT PAVEMENT MILLINGS Section 202 of the Standard Specifications is hereby revised for this project as follows : S ubsection 202. 09 shall include the following : All RAP millings shall be used in the project as allowed in the Contract or as approved by the Engineer. Otherwise , they shall become the property of the Contractor and shall be disposed at his expense outside the project limits . Millings may be used as fill within the roadway limits . Embankment material outside of the shoulder (at least 6" thick) will be earth that can support the growth of native grasses . The millings shall be used to create the gravel shoulders , as delineated on the plans . The millings may also be used to construct private driveway tapers within the ROW. The millings shall NOT be used to surface county roads , the surface gravel specification shall be followed for those installations . S ubsection 202. 12 shall include the following : U nless otherwise specified in the Contract, the disposal and hauling of the RAP millings to other locations or its use on the project or at other locations will not be measured and paid for separately , but shall be included in the cost of the asphalt removal bid item . END OF SECTION SP- 17 REVISION OF SECTION 202 CLEAN CULVERTS Section 202 of the Standard Specifications is hereby revised for this project as follows : Subsection 202. 10 shall include the following : Culverts designated in the Contract to be cleaned shall be cleaned by removing all sedimentation and debris from within the culvert and all appurtenant structures . Adjacent roadside ditches approaching and departing from the cleaned culvert will be graded a minimum of 20 feet , 10 feet at each end or as directed by the Inspector, to allow the culverts to drain properly . The 20' of ditch grading will be in addition to the LF of the Culvert and will be included in the Clean Culvert item . These disturbed areas shall be seeded , mulched , covered with Soil Retention Blanket, and watered to promote germination and growth of native grasses . Pay Item Pay Unit Clean Culvert Lineal Feet END OF SECTION SP- 18 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Section 203 of the Standard Specifications is hereby revised for this project as follows : In subsection 203 . 03(a ) , add the following : All embankment material shall consist of material that has been obtained from required excavation or from an approved source . The Project Inspector has the authority to ask for stability on the in- place embankment material , if an import to the job is required , the R-value of that material should meet or exceed that of the pavement design R-value . The Project Inspector has the authority to order unsuitable material removed from the project . The Contractor shall not obtain embankment material , other than those developed from suitable materials excavated on site , without written approval of the Project Inspector. In subsection 203 . 04 add the following : This work shall include "clearing and grubbing " . This includes but is not limited to : removal and disposal of tree stumps , bushes , roots , sod , and any other vegetation or organics that interferes with the work . This work shall include removal and disposal of all minor items for which there is no specific " removal bid item " , including but not limited to wooden posts , metal posts , fence posts , concrete and metal drainage items . Also included in this bid item is the removal of the following items : This work shall include removal of all trash , glass , cans , barrels , construction materials , and any other non-organic materials that interferes with the work . Any dump fees or other fees associated with this work shall be considered subsidiary to this bid item . Back slope grading is not expected along the project limits . Contractor shall avoid back slope disturbance , unless directed by the engineer. Back slope disturbance not directed by the engineer will require fine grading , soil retention blanket, seeding , and watering . These improvements and all associated costs will be borne by the contractor and will not be paid for separately . In subsection 203 . 06 add the following : It is anticipated that the majority of soil excavated on this project will be placed within the roadway prism or hauled off-site and properly disposed of. However, the Project Inspector has the authority to order that certain material be placed within the embankment side slopes . Unsuitable excavation materials produced from muck excavation and pipe installation shall not be used for embankment and shall be hauled off the jobsite . Topsoil which has been stripped and stockpiled shall be placed on the top of embankment slopes . Excess excavation material that is not used within the existing ROW shall become the property of the contractor and shall be disposed of properly offsite . Subsection 203. 13 shall be revised to include the following : The quantities for Unclassified Excavation & Embankment will not be measured , but will be the quantity designated in the Contract. Excavation will include additional material generated by the SP- 19 FDR process , from the widened roadway radius areas and any other areas per the plans . Excavation & Embankment will not be measured , unless field changes are ordered . If field changes are ordered , the quantities will be calculated using the revised dimensions and the additional volume of material shall be approved in writing by the Project Inspector prior to beginning the work . No allowances shall be made for shrinkage , swell , subsidence due to compaction of the existing ground or any other losses . Included in the unclassified excavation line item shall be all rough and fine grading to establish or re-establish roadside swales , as identified in the plans or as directed by the engineer. Subsection 203. 14 shall be revised to include the following : Payment for Unclassified Excavation (Complete in Place) shall be full compensation for all work necessary to complete the earthwork to the lines and grades when on the Plans . This includes scarification , wetting and drying of soils to obtain optimum moisture content, compaction , testing , and hauling and disposal of excess or unsuitable materials off the jobsite . Pay Item Pay Unit Unclassified Excavation & Embankment (Complete in Place) Cubic Yard Potholing Hours Gravel Tapers to Existing Roads and Drives Each END OF SECTION SP-20 REVISION OF SECTION 208 EROSION CONTROL Section 208 of the Standard Specifications is hereby revised for this project as follows : In subsection 208 . 02 , delete ( h ) and replace with the following : (h) Erosion log. Shall be one of the following types unless otherwise shown on the plans : ( 1 ) Erosion Log (Type 1 ) shall be curled aspen wood excelsior with a consistent width of fibers evenly distributed throughout the log . The casing shall be seamless , photo-degradable tube netting and shall have minimum dimensions as shown in Table 208- 1 , based on the diameter of the log called for on the plans . The curled aspen wood excelsior shall be fungus free , resin free , and free of growth or germination inhibiting substances . (2) Erosion Log (Type 2 ) shall consist of a blend of 30-40 percent weed free compost and 60-70 percent wood chips . The compost/wood blend material shall pass a 50 mm (2 inch ) sieve with a minimum of 70 percent retained on the 9 . 5 mm ( 3/8 inch) sieve and comply to subsection 212 . 02 for the remaining compost physical properties . The compost/wood chip blend may be pneumatically shot into a geotextile cylindrical bag or be pre- manufactured . The geotextile bag shall consist of material with openings of 3/8 inches of HDPE mesh , and contain the compost/wood chip material while not limiting water infiltration . Erosion log (Type 1 and Type 2) shall have minimum dimensions as shown in Table 208- 1 , based on the diameter of the log . Table 208 -1 NOMINAL DIMENSIONS OF EROSION LOGS Diameter Length (feet) Weight ( minimum ) Stake ( pounds/foot) Dimensions ( Inches) Min . I Max. 9 inch 10 180 1 . 6 1 . 5 by 1 . 5 (nominal ) by 18 12 inch 10 180 2 . 5 1 . 5 by 1 . 5 (nominal) by 24 20 inch 10 100 4 . 0 2 by 2 (nominal) by 30 Stakes to secure erosion logs shall consist of pinewood or hardwood . Subsection 208 . 11 shall include the following : The quantities for BMPs and associated management and oversight will not be measured , but will be the quantity designated in the Contract, unless field changes are ordered . If field changes are ordered , the quantities will be calculated based on installed length and shall be approved in writing by the Project Inspector prior to beginning the work . All BMPs measured by the linear foot shall be determined along the centerline of the BMP. Measured length will not include required overlap . Subsection 208 . 11 shall include the following : Pay Item Pay Unit Straw Waddles ( 12 INCH ) Lineal Feet SP-21 Sediment Trap Each Concrete Washout Area Each Removal and Disposal of Sediment ( Labor) Hour Removal and Disposal of Sediment ( Equipment) Hour END OF SECTION SP-22 REVISION OF SECTION 209 WATERING AND DUST PALLIATIVES Section 209 of the Standard Specifications is hereby revised for this project as follows : Subsection 209 . 01 shall include the following : Contractor is responsible for the application of water for dust control , providing all equipment and personnel for the Work . Furnish the name(s) and telephone number(s) of the person(s) responsible for dust control during evenings and weekends . The FDR process may require the application of Emulsion Dust Control to protect the FDR work . Subsection 209 . 02 shall include the following : The Contractor is responsible for obtaining a legal source for water to complete the work as specified in the Contract Documents , including any necessary permits or fees . Add the following requirement: The contractor is to provide Emulsion Dust Control (EDC is to be Curex or approved equal) to treat the top surface of the FDR section if asphalt placement will not be completed within one week of the FDR process . Water will be used to hydrate the FDR section as directed by County Inspector if EDC is not applied . Additionally, EDC will be required to be applied to the FDR surface to enhance the acceptance of temporary striping for traffic control measures . The EDC to be provided shall meet the following specification : Dust Control Emulsion: Test Method Requirements Test ASTM AASHTO Min. Max. Viscosity @ 25 0 , SFS D-244 T-59 15 40 Sieve Test. % W1 D-244 T-59 - 0. 1 Residue. % W2 D-244 T-59 60 65 Particle Charge Test D-244 T-59 Positive 'Test procedure identical with ASTM except that distilled water shall be used in place of 2% sodium oleate solution . ~ASMT D-244 evaporation Test of percent of residue is modified by heating 50 gram sample to 149 C (300 f) until foaming ceases, then cooling immediately and calculation results _Base Oil : Test Method Requirements Test ASTM AASHTO Min . Max Viscosity @ 100 0. cSt I D-244 - 17 17 23 83 Flash Point, COC, C D-92 _ T-48 208 - Asphaltenes, %W D-2006-70 - - 0 . 75 Saturated Hydrocarbons. %w D-2006-70 - - 20 Specific Gravity D1298 _ T-277 1 000 1 040 Subsections 209 . 07 and 209. 08 are deleted and replaced with the following : Water required for all work covered under the Contract will not be measured and paid for separately but shall be incidental to the work . SP-23 Pay Item Pay Unit Emulsion Dust Control (Curex or approved equal ) Square Yard END OF SECTION REVISION OF SECTION 210 REMOVE AND RESET Section 210 of the Standard Specifications is hereby revised for this project as follows : Subsection 210. 06 Mailbox shall include the following : Mailboxes within the work limits shall be removed and temporarily installed outside of the work where they can continue to be utilized by the postal service . Contractor will coordinate with the postal service to ensure uninterrupted delivery of mail during construction . Following construction the mailboxes will be permanently reset in the original location or as per postal service regulations . The owner has attempted to identify mailboxes that need to be removed and replaced on the plans . Subsection 210. 07 Mailbox shall include the following : Existing traffic signage shall be protected in place or removed by the contractor in a manner that will allow re-setting by the county . Contractor shall store removed signs and appurtenances until the county can install the signs following substantial completion of the work . The owner has attempted to identify signs that need to be removed and replaced on the plans . Payment for sign removal will not exceed the bid tab quantity shown if additional signs are deemed necessary to be removed by the contractor. Pay Item Pay Unit Remove/Reset Sign Each Remove/Reset Mailbox Each END OF SECTION SP-24 REVISION OF SECTION 212 SEEDING , FERTILIZER, SOIL CONDITIONER, AND SODDING Section 212 of the Standard Specifications is hereby revised for this project as follows : Subsection 212 . 01 shall be amended to include the following : This work also includes hydro seeding and hydro mulch blanket application . In subsection 212 . 02 (a), delete the first paragraph and replace with the following : 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 . Subsection 212 . 06(c) shall be amended to include the following : This project shall utilize hydraulic seeding methods unless approved by the Engineer. Contractor is to provide irrigation water to encourage germination and grass growth during the project. Water shall be applied at no less than %"' per week . Watering shall not be measured or paid for separately and shall be incidental to the work . Subsection 212 . 08 shall be amended to include the following : Pay Item Pay Unit Hydro Seeding ( Native) Acre END OF SECTION SP-25 REVISION OF SECTION 213 MULCHING Section 213 of the Standard Specifications is hereby revised for this project as follows : In subsection 213 . 01 , delete the last paragraph and replace with the following : This work includes furnishing and applying spray-on mulch blanket or bonded fiber matrix on disturbed areas , cuts and slopes after seeding or as temporary stabilization as shown on the plans or as directed by the Engineer. In subsection 213 . 02 , delete the eighth paragraph and replace with the following : The hydro- mulch material for hydraulic mulching shall consist of virgin wood fibers manufactured expressly from clean whole wood chips . The chips shall be processed in such a manner as to contain no growth or germination inhibiting factors . Fiber shall not be produced from recycled materials such as sawdust, paper, cardboard , or residue from pulp and paper plants . The wood cellulose fibers of the mulch must maintain uniform suspension in water under agitation . Upon application , the mulch material shall form a blotter like mat covering the ground . This mat shall have the characteristics of moisture absorption and percolation and shall cover and hold seed in contact with the soil . The Contractor shall obtain certifications from suppliers that laboratory and field testing of their product has been accomplished , and that it meets all of the foregoing requirements pertaining to wood cellulose fiber mulch . In subsection 213 . 02, delete the eleventh paragraph and replace with the following : Material for mulch tackifier shall consist of a free-flowing , noncorrosive powder produced either from the natural plant gum of Plantago Insularis ( Desert Indianwheat) or pre-gelatinized 100 percent natural corn starch polymer. The powders shall possess the following properties : Plantago Insularis ( Desert Indianwheat) : Property Requirement Test Method ( 1 ) pH 1 % solution 6 . 5 - 8 . 0 (2) Mucilage content 75% min . ASTM D7047 Pre-gelatinized 100 percent natural corn starch polymer: ( 1 ) Organic Nitrogen as protein 5 . 5-7% (2) Ash content 0-2 % (3) Fiber 4-5% (4) pH 1 % solution 6 . 5 — 8 . 0 (5) Size 100% thru 850 microns (20 mesh) (6) Settleable solids <2 % All fibers shall be colored green or yellow with a biodegradable dye . Delete the last paragraph in subsection 213. 02 and replace with the following : (a) Spray-on Mulch Blanket. Spray on mulch blanket shall be one of the following , unless otherwise shown on the plans : SP-26 ( 1 ) Spray-on Mulch Blanket (Type 1 ) shall be a hydraulically applied matrix containing organic fibers , water soluble cross- linked tackifier, reinforcing natural and/or synthetic interlocking fibers . Mulch Blanket (Type 1 ) shall conform to the following : SP-27 0 Properties Requirement Test Method Organic Fibers 71 % Min . ASTM D 2974 Cross linked Tackifiers 10% +/- 2 % Min . Reinforcing Interlocking Fibers 10% +/- 1 % Min . Biodegradability 100% ASTM D 5338 Ground Cover @ Application 90% Min . ASTM D 6567 Rate Functional Longevity 12 Months Min . Cure Time < 8 hours Application Application Rate 3 , 000 lb ./acre The organic fiber shall not contain lead paint, printing ink , varnish , petroleum products , seed germination inhibitors , or chlorine bleach . The organic fibers and reinforcing interlocking fibers cannot be produced from sawdust, cardboard , paper, or paper by- products . (2) Spray-on Mulch Blanket (Type 2 ) shall be a hydraulically applied matrix pre- packaged in 50 pound bags containing both a soil and fiber stabilizing compound and thermally processed wood fiber. The sterilized weed-free wood fiber mulch shall be manufactured through a thermo-mechanical defibrating process containing a specific range of fiber lengths averaging 0 . 25 inches or longer. Mulch Blanket (Type 2) shall meet the following requirements : Property Requirement Test Method Fiber Retention On 28-Mesh Screen ≥ 40% Tyler Ro-Tap Method Moisture Content 12 % ± 2 % Total Air Dry Weight Basis Organic Matter 99 . 2% ± 0 . 2% Oven Dry Weight Basis Ash Content 0 . 8 % ± 0 . 2% Oven Dry Weight Basis pH At 3% Consistency In Water 4 . 5-7 . 0 ± 0 . 5% Sterilized Weed- Free Yes Non-Toxic To Plant Or Animal Life Yes The soil and fiber stabilizing compound shall be composed of linear anionic copolymers of acrylamide pre- packed within the bag having a minimum content of 1 . 0 percent. The compound shall conform to the following : Property Requirement Molecular Weight ≥ 12x106 Charge Density > 25% Non-Toxic To Plant Or Animal Life Yes ( b) Bonded Fiber Matrices (BFM) . BFM shall consist of hydraulically-applied matrix with a minimum of 70 percent non-toxic thermally processed or refined long strand organic fibers and water soluble tackifier to provide erosion control and designed to be functional for a minimum of 9 months . BFMs form an erosion- resistant blanket that promotes vegetation and prevents soil erosion . The BFM shall be 100 percent biodegradable . The binder in the BFM should also be biodegradable . Biodegradable BFMs should not be applied immediately before , during , or immediately after rainfall if the soil is saturated . BFM shall conform to the following requirements : Property Requirement Test Method Ground Cover (% ) 95 ASTM 6567 Bio-degradability (% ) 100 ASTM 5338 SP-28 Functional Longevity (months) 9 month minimum Cure Time (hours) 24-48 Cross-linked tackifier 10% minimum Application Application Rate (lbs./Acre) 3000 The fibers shall not contain lead paint , printing ink , varnish , petroleum products , seed germination inhibitors , or chlorine bleach . Fiber shall not be produced from sawdust, cardboard , paper, or paper by- products . In subsection 213 . 03 ( b) 2 , delete the second paragraph and replace with the following : Application Rate : Apply this as an overspray at the following rate or as approved by the Engineer. Powder Fiber Water 200 lbs . /Acre 300 lbs . /Acre 2000 gal . /Acre In subsection 213 . 03 , delete (f) and replace with the following : ( 1) Spray-on Mulch Blanket. Spray-on Mulch Blanket shall strictly comply with the Manufacturer 's mixing recommendations and installation instructions . No chemical additives with the exception of fertilizer, soil pH modifiers , extended-term dyes and bio nutrients will be permitted . Apply Spray-on mulch blanket in a uniform application using a minimum 22 degree arc type nozzle . Apply hydro slurry in two direction (from top of slope down and from toe of the slope up , as well as , be applied at a minimum of two layers) . Hydro- mulching vessel shall be filled with water to at least 1 /3 capacity ( high enough to cover agitators) prior to adding any material . Continue to fill vessel with water and slowly add the fibers while agitators are in motion . Run agitators at % speed . Continue to mix tank a minimum of 10 minutes prior to application . Co-polymer shall not be used use in channels , swales , or other areas where concentrated flows are anticipated and should not be used on saturated soils that have groundwater seeps . Subsection 213 . 03 shall include the following : (g) Bonded Fiber Matrices (BFM) . Bonded fiber matrices shall strictly comply with the Manufacturer's mixing recommendations and installation instructions . No chemical additives with the exception of fertilizer, soil pH modifiers , extended-term dyes and bio stimulant materials shall be permitted . BFM shall be applied in a uniform application using a minimum 22 degree arc type nozzle. Apply BFM in two direction (from top of slope down and from toe of the slope up , as well as , be applied at a minimum of two layers . Biodegradable BFMs should not be applied immediately before , during , or immediately after rainfall if the soil is saturated . Product shall not be used use in channels , swales , or other areas where concentrated flows are anticipated and should not be used on saturated soils that have groundwater seeps . SP-29 January 31 , 2013 Foot traffic , mechanical traffic or grazing shall not be permitted on treated areas until vegetated . Treated areas damaged due to circumstances beyond Contractor 's control shall be repaired or re- applied as ordered . Payment for corrective work , when ordered , shall be at contract rates . In subsection 213 .04, delete the first paragraph and replace with the following : The quantity of hay and straw mulch , wood chip mulch , wood fiber and , spray-on mulch tackifier, bonded fiber matrix and tackifier will not be measured but shall be the quantity designated in the Contract, except that measurements will be made for revisions requested by the Engineer, or for discrepancies of plus or minus five percent of the total quantity designated in the Contract. Measurement for acres will be by slope distances . In subsection 213 . 04, delete the fourth paragraph and replace with the following : Spray-on Mulch Blanket and Bonded Fiber Matrix will be not be measured but will be paid for as per the units in the bid tab . Subsection 213 . 05 shall include the following : Payment will be made under: Pay Item Pay Unit Hydro Mulch Blanket (Weed Free) Acre Payment for spray-on mulch blanket and bonded fiber matrix will be full compensation for all work and materials necessary to complete this item . SP-30 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 ditches , slopes , or channels as designated in the Contract or as directed . 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 . The blanket shall be of consistent thickness with the fiber evenly distributed over the entire area of the mat . When biodegradable blanket is specified , the thread shall be 100 percent biodegradable ; polypropylene thread is not allowed . When photodegradable netting is specified the thread shall be polyester, biodegradable or photodegradable . Blankets and nettings shall be non-toxic to vegetation and shall not inhibit germination of seed . The materials shall not be toxic or injurious to humans . Class 1 blanket shall be an extended term blanket with a typical 24 month functional longevity . Class 2 blanket shall be a long term blanket with a typical 36 month functional longevity . The class of blanket is defined by the physical and performance characteristics . 1 . Soil Retention Blanket (Straw- Coconut) . Soil Retention Blanket (Straw-Coconut) shall be a machine produced mat consisting of 70 percent agricultural straw and 30 percent coconut fiber. It shall be either biodegradable or photodegradable . When specified lightweight polypropylene netting shall be 1 . 5 pounds per 1000 square feet ; heavyweight netting shall be 2 . 9 pounds per 1000 square feet . Blankets shall be sewn together on 1 . 50 inch to 2 inch centers . Netting shall be as follows : When biodegradable netting is specified , the top and bottom netting shall be 100 percent biodegradable organic jute fiber . Netting shall be constructed using a Leno weave 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 % curled wood excelsior with 80 percent , 6 inch or longer fiber length . It shall be either biodegradable or photodegradable . When specified SP-31 lightweight polypropylene netting shall be on both sides of the blanket and shall be 1 . 5 pounds per 1000 square feet . Blankets shall be sewn together at a maximum of 4 inch centers . Netting shall be as follows : When biodegradable netting is specified , the top and bottom netting shall be 100 percent biodegradable organic jute fiber. Netting shall be constructed using a Leno weave 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 Leno weave 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 Min . Size of Net Opening Mass Minimum Minimum Acceptable table per Unit Product Thickness p Roll Matrix Fill Area Photo- Bio- Class Width ASTM D Material ASTM 6525 D 6475 degradable degradable Minimum : Minimum 0 . 50"x0 . 50" 1 6 . 5' 0 . 25" Straw/Coconut 8 oz/sy Maximum : Maximum : 0 . 75"x0 . 75" 0 . 5"x1 . 0" Minimum : 0 . 50"x0 . 50" 1 6 . 5' 0 . 25" Excelsior 8 oz/sy Maximum : NONE 1 . 0"x2 . 0" Minimum : Minimum : Coconut 0 . 50" x0 . 5" 0 . 50"x0 . 50" 6 . 5 0 . 20 Fibers 8oz/sy Minimum : Maximum : 2 0 . 75"x0 . 75" 0 . 5"x1 . 0" SP-32 SP-33 Table 216 -2 PERFORMANCE REQUIREMENTS FOR SOIL RETENTION BLANKET PHOTODEGRADABLE OR BIODEGRADABLE BLANKETS SlopeChannel Application Permissible Shear Minimum Tensile Product Application Stress 2 Strength ASTM D ��Class C„ Factor ASTM D g 6459 ( Un -vegetated ) 6818 ASTM D 6460 1 ≤ 0 . 10@3 : 1 2 . 00 lbs/sf 100 lbs/ft 2 ≤ 0 . 10@3 : 1 2 . 25 lbs/sf J 125 lbs/ft Notes : 1 "C" Factor calculated as ratio of soil loss from soil retention blanket protected slope (tested at specified or greater gradient , h : v) to ratio of soil loss from unprotected (control ) plot in large-scale testing . 2 Permissible shear stress is the minimum shear stress that a product must be able to sustain without physical damage or excess soil loss when it is installed on a bare soil channel . Failure is defined ash inch of soil loss during a 30 minute flow event in large scale testing . Blankets shall be tested for physical properties and have published data from a pre-approved independent testing facility . Large scale testing of Permissible Shear Stress and Slope Erosion Protection ("C" factor) shall be performed by a pre-approved independent testing facility . A sample of the staples and a copy of the manufacturer' s product data showing that the product meets the Contract requirements shall be submitted for approval at the environmental preconstruction conference . ( b ) Turf Reinforcement Mat. Turf reinforcement mat (TRM ) shall be a rolled mat consisting of UV stabilized , corrosion resistant , non -degradable synthetic fibers , filaments , or nets processed into a permanent three-dimensional matrix of the thickness specified in Table 216-3 . TRMs shall provide sufficient thickness , strength and void space to permit soil filling and retention and the development of vegetation within the matrix . When TRM is not soil filled , the mat shall be tan in color. The class of TRM is defined by the physical and performance characteristics . SP-34 Table 216 -3 PHYSICAL REQUIREMENTS' FOR TURF REINFORCEMENT MAT Minimum Acceptable Product Minimum Thickness Matrix Fill Size of Net Opening 2 Class Roll Width ASTM D 6525 Material2 Excelsior, Minimum : Straw/Coconut , 0 . 50"x0 . 50" 1 6 . 5' 0 . 25" Coconut , or Maximum : Polymer fibers 0 . 75"x0 . 75" 100 % UV 2 6 . 5' 0 . 25" Stabilized 0 . 50"x 0 . 50" Synthetic Fibers 100% UV 3 6 . 5' 0 . 25" Stabilized 0 . 50"x 0 . 50" Synthetic Fibers Notes : For TRMs containing degradable components, all property values shall be obtained on the non- degradable portion of the matting alone. For TRMs with nets and fill material . Netted TRMs shall be sewn together on 1 . 5 . Table 216 -4 PERFORMANCE REQUIREMENTS FOR TURF REINFORCEMENT MAT Tensile Strength UV Stability @ Maximum Permissible Product Class MD 500 Hours Shear Stress ' (Vegetated ) ASTM D 6818 ASTM D 4355 ASTM D 6460 1 125 lbs/ft 80% 6 . 0 lbs/sf 2 150 lbs/ft 80% 8 . 0 lbs/sf 3 175 lbs/ft 80% 10 . 0 lbs/sf Notes : Permissible shear stress is the minimum shear stress that a product must be able to sustain when placed on a fully vegetated channel without physical damage or excess soil loss. Failure is defined as 1 /2 inch of soil loss during a 30 minute flow event in large scale testing. TRMs shall be tested for physical properties and have published data from a pre-approved independent testing facility . Large scale testing of Permissible Shear Stress will be performed by a pre-approved independent testing facility . A sample of the staples and a copy of the manufacturer's product data showing that the product meets the Contract requirements shall be submitted for approval at the environmental preconstruction conference . SP-35 (c) Staples. Staples shall be made of wire : For use in Channel : 0 . 165 inch , " U" shaped staples shall be 8 inches long and have a 1 inch crown . For use on Slope : 0 . 165 inch , " U " shaped staples shall be 8 inches long and have a 1 inch crown . "T" shaped pins shall not be used . CONSTRUCTION REQUIREMENTS 216 . 03 The Contractor shall install soil retention coverings using the following procedure : ( 1 ) Prepare a stable and firm soil surface free of rocks , weeds , clods , roots , sticks , rivulets , gullies , and other obstructions . (2) Apply topsoil or soil conditioning as directed in the Contract to prepare seed bed . ( 3) Place seed in accordance with the Contract . (4) Unroll the covering parallel to the primary direction of flow. (5) Ensure that the covering maintains direct contact with the soil surface over the entirety of the installation area . (6) Do not stretch the material or allow it to bridge over surface inconsistencies . (7) Staple the covering to the soil such that each staple is flush with the underlying soil . (8) Ensure that staples are installed full depth to resist pull out . No bent over staples will be allowed . Install anchor trenches , seams , and terminal ends as shown on the plans . If filling a TRM with soil , the Contractor shall : ( 1 ) Place 3 inches of topsoil or soil amended with soil conditioning . (2) Apply seed and rake into soil . ( 3) Install TRM (4) Place 0 . 5 inch to 1 inch of topsoil or soil amended with soil conditioning into the matrix to fill the product thickness . ( 5) Apply seed and rake into soil . (6) Install soil retention blanket (Class 1 ) over the seeded area and TRM . When applicable , the covering shall be unrolled with the heavyweight polypropylene netting on top and the lightweight polypropylene netting shall be in contact with the soil . 216 . 04 Slope Application . Soil retention coverings shall be installed on slopes as follows : The upslope end shall be buried in a trench 3 feet beyond the crest of the slope . When specified by the manufacturer, trench depth shall be increased up to 12 inches in depth . Before backfilling begins , staples shall be placed across the width of the trench . The trench shall then be backfilled to grade with soil amended with soil conditioning or topsoil , compacted by foot tamping , and seeded . Fabric shall be brought back over trench and stapled at 1 foot on center. SP- 36 There shall be an overlap wherever one roll of fabric ends and another begins with the uphill covering placed on top of the downhill covering . Staples shall be installed in the overlap . There shall be an overlap wherever two widths of covering are applied side by side . Staples shall be installed in the overlap . Staple checks shall be applied on the slope every 35 feet . Each staple check shall consist of two rows of staggered staples . The down slope end shall be buried in a trench 3 feet beyond the toe of slope . Before backfilling begins , staples shall be placed across the width of the trench . The trench shall then be backfilled to grade with soil amended with soil conditioning or topsoil , compacted by foot tamping , and seeded . Fabric shall be brought back over trench and stapled . If a slope runs into a receiving water or cannot be extended 3 feet beyond the toe of slope , the end of covering shall be secured using a staple check as described above . Coverings shall be securely fastened to the soil by installing staples at the minimum rate shown on the plans . Staple spacing shall be reduced where required due to soil type or steepness of slope . • 216 . 05 Channel Application . Soil retention coverings shall be installed as follows on a channel application : Coverings shall be anchored at the beginning and end of the channel across its entire width by burying the end in a trench . When specified by the manufacturer, trench depth shall be increased up to 12 inches in depth . Before backfilling begins , staples shall be placed across the width of the trench . The trench shall then be backfilled to grade with soil amended with soil conditioning or topsoil and compacted by foot tamping , and seeded . Fabric shall be brought back over the trench and stapled . Covering shall be unrolled in the direction of flow and placed in the bottom of the channel first. Seams shall not be placed down the center of the channel bottom or in areas of concentrated flows when placing rolls side by side . There shall be an overlap wherever one roll of covering ends and another begins with the upstream covering placed on top of the downstream covering . Two rows of staggered staples shall be placed . There shall be an overlap wherever two widths of covering are applied side by side . Staples shall be placed in the overlap . The covering shall be anchored every 30 feet with a check slot . Check slots shall extend the entire width of the channel . The covering shall be buried in a trench . Before backfilling begins , staples shall be placed across the width of the trench . The trench shall then be backfilled to grade with soil amended with soil conditioning or topsoil , compacted by foot tamping , and seeded . Fabric shall be brought back over trench and continued down the channel . Coverings shall be securely fastened to the soil by installing staples at the minimum rate shown on the plans . Staple spacing shall be reduced where needed due to soil type or high flows . 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 SP-37 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 The quantities for Soil retention coverings , including staples , complete in place and accepted , will be not be measured , but will be the quantity designated in the Contract, unless field changes are ordered . If field changes are ordered , the quantities will be calculated using the revised dimensions and the additional area of material shall be approved in writing by the Project Inspector prior to beginning the work . Allowance will not be made for overlap . BASIS OF PAYMENT 216 . 08 The accepted quantities of soil retention coverings will be paid for at the contract unit price per square yard . Payment will be made under: Pay Item Pay Unit Soil Retention Blanket Square Yard Preparation of seedbed , fertilizing , and seeding will be incidental to this work . • SP-38 REVISION OF SECTION 304 AGGREGATE BASE COURSE ( SURFACE GRAVEL) Section 304 of the Standard Specifications is hereby revised for this project as follows : Subsection 304. 01 , add the following : All sources of mined or manufactured materials used within the County-maintained right-of-way must be approved annually by the Public Works Department. Procedure for Material Source Approval Before beginning construction , materials suppliers shall supply written documentation and material test results from a materials testing laboratory . These shall indicate the following . • Materials meet minimum specifications • Test procedure employed • Materials test results A signed statement shall be provided by the material suppler certifying that the materials tested are representative of the materials to be provided during the coming project period . Subsection 304.02 Aggregate, Add the following: Aggregate surface must meet County "Gravel Surfacing" gradation specifications . Table below shows the gradation requirements . Sieve Mass Percent Designation Passing Mesh Gravel Surfacing ( Inches ) ( percent) 1 90- 100 1/2 55-80 • N o . 4 45-65 N o . 8 33 -53 y No . 40 15-35 No 200 4- 15 Plasticity Index 4- 12 R-Value shall be a minimum of 69 . Subsection 304. 07 shall be deleted and replaced with the following : Surface Gravel will not be measured but will be the quantities designated in the Plans unless field changes are ordered by the Project Inspector or the Contractors fails to furnish plan quantity . If field changes are ordered or plan quantity is not furnished , the quantities will be calculated using the delivery tickets . SP-39 The Contractor shall be aware that the plan quantities are based upon unit weight and in- place density , as describe in the Plans . The Contractor' s bid unit cost shall account for differing unit weights he intends to furnish to the project as no quantity adjustments will be made for differing unit weights . The Project Inspector will verify that the plan quantity has been incorporated into the project utilizing information from delivery tickets furnished by the material supplier. Subsection 304. 08 shall include the following : Pay Item Pay Unit Surface Gravel Ton END OF SECTION SP-40 REVISION OF SECTION 310 FULL DEPTH RECLAMATION ( FDR) OF HOT MIX ASPHALT PAVEMENT Section 310 is hereby added to the Standard Specifications as follows : DESCRIPTION 310 . 01 This work is specified as a total processed depth up to 15 inches , depths between 12 - 15 inches as appropriate . This work consists of pulverizing the remaining existing asphalt mat after milling of the existing asphalt mat. Mixing the pulverized asphalt mat with the existing subgrade , along with Type Ill Cement, to the specified depth , grading and compacting the mixed material , in accordance with and at locations as shown in the Contract. CONSTRUCTION REQUIREMENTS 310 . 02 The contractor shall develop a written method to maintain the centerline geometry , profile elevations , and cross slope of the existing roadway . The plan shall be submitted to the Engineer for approval a minimum of two weeks prior to starting work . The existing asphalt mat shall be cut at neat lines as shown in the plans . The existing asphalt mat shall be pulverized , and mixed with the existing subgrade , to the specified depth as shown on the plans and in the Specifications or as directed by the Engineer , with a self propelled rotary type mixing machine . Existing asphalt mat thicknesses and core information will be available upon request . The mixing machine shall make as many passes as required to uniformly mix the asphalt , cement, existing base or combination thereof to the required thickness . Mixing of the different materials shall create a homogenous mixture . The particle size of the pulverized asphalt mat shall be a minimum of 99 percent passing the 37 . 5 mm ( 1 - 1 /2 inch ) sieve . When the addition of water is necessary for initial compaction purposes , unless otherwise approved by the Engineer, it shall be added through the mixing machine with the capability to uniformly distribute water through the mixed materials to within 2 percent of the optimum moisture as determined in accordance with AASHTO T- 180 Method D . When proper mixing has been accomplished , the mixture shall then be bladed , shaped , wetted or dried , and rolled to meet a minimum of 95 percent of the maximum dry density determined in accordance with AASHTO T- 180 Method D . Grading equipment used to establish the final surface elevations shall have automatic controls for transverse slope . The transverse slope controls shall be capable of maintaining the final surface within 0 . 1 percent of the specified slope . Variations from the subgrade plane shall not be more than 1/4 inch . The work shall be maintained and tested for conformance to these requirements immediately prior to placing additional pavement layers . An application of diluted emulsified asphalt may be required before placement of the bottom layer of hot bituminous pavement . Compaction will be measured for the top 8- inch lift of reclaimed materials , and if appropriate for any lift below the top 8- inch lift. Density testing and materials acceptance will apply to each lift of 8 inches or less that is reclaimed and placed on the project . Acceptance Testing will be based on a random schedule of 1 /4000 square yards of reclaimed material up to 8 inches and 1 /4000 square yards of reclaimed material 8 inches and greater in depth . SP-41 The maximum length of exposed processed asphalt mat shall be no greater than four miles unless approved by the Engineer. The maximum time a portion of the roadway will be unpaved is three working days unless approved by the Engineer . The exposed longitudinal joint between the existing asphalt mat and the processed mat shall not remain in place for more than one day unless approved by the Engineer or when additional aggregate base course is imported . When additional aggregate base course is imported and placed before processing begins , the full width of the roadway shall be completed daily . Joint construction and maintenance shall conform to subsection 401 . 16 . Finishing : As compaction nears completion , the surface of the CMS shall be shaped to the specified lines and grades as per the subgrade surface provided to be used in the on- board GPS system , or as directed by the Inspector. Final surface compaction shall then continue , utilizing a vibratory smooth steel-drum roller. Compaction and finishing shall be done in a manner as to produce a dense surface free of compaction planes , cracks , ridges , or loose material . All finishing operations shall be completed within 4 hours from the start of mixing . Curing : Finished CMS surfaces shall be protected from traffic and construction equipment for a minimum period of 24 hours . After the initial 24 hours time period , the finished surface shall be moist- cured with a fog-type sprayer twice per day, for a period of three days . At the end of 3 days , the surface shall be micro-cracked utilizing a vibratory smooth steel-drum roller. Inspection and Testing : After the subgrade has been stabilized , the Contractor shall perform proof rolling in accordance with subsection 203 . 09 . Final proof rolling will take place a maximum of two days after all mechanical stabilization or unbound aggregate work has been completed , unless otherwise approved by the Engineer . Final proof rolling will take place a minimum of two days after all chemical stabilization work has been completed , unless otherwise approved by the Engineer. Special Preparation : In areas where the plans denote a " Double FDR Limits" and in the WCR 19 elevation check limits ( Beginning of project to south limits of floodplain ) , multiple passes of the mixing machine will be required . Before CMS processing begins , the area to be mixed shall be graded and shaped to lines and grades as per on- board GPS surface or as directed by the Inspector. During this process any unsuitable or excess material shall be removed and/or replaced with acceptable material , as determined by the Inspector . Mixing : Material shall not be mixed when the existing soil is frozen , over-saturated , or when the air temperature is below 40 degrees . Mixing shall begin as soon as possible after the cement has been spread and shall continue until a uniform mixture is produce to the depth specified . Unmixed cement materials shall not be left exposed overnight . Moisture and Compaction Control : The entire operation of cement spreading , water application , and mixing shall result in a uniform soil/aggregate, cement, and water mixture to the full design depth and width . The moisture content of the mixture at the start of compaction shall be at the optimum moisture content as determined in accordance with AASHTO T99 . CMS material shall be uniformly compacted to a minimum of 95 % of maximum dry density using the nuclear density method . Optimum moisture and maximum dry density shall be determined in a laboratory prior to start of construction . METHOD OF MEASUREMENT 310 . 03 Full Depth Reclamation of Hot Mix Asphalt Pavement will be measured by the square yard of roadway treated , completed and accepted . BASIS OF PAYMENT SP-42 U 310 . 04 The accepted quantities of Full Depth Reclamation of Hot Mix Asphalt Pavement will be paid for at the contract unit price per square yard for Full Depth Reclamation of Hot Mix Asphalt Pavement . Pay Item Pay Unit Full Depth Reclamation of Hot Mix Asphalt Pavement ( 12 Inches) Square Yard Full Depth Reclamation of Hot Mix Asphalt Pavement ( 15 Inches) Square Yard Contractor' s Surveyor shall coordinate with the engineer to remove and reset the existing section corners , per State Statutes . Section corners within the FDR limits must be removed prior to performing the FDR work to avoid duplicate monuments . Payment for Full Depth Reclamation of Hot Mix Asphalt Pavement will be full compensation for all work necessary to complete the item including cutting of the existing asphalt mat , pulverizing the existing asphalt mat , mixing the pulverized asphalt mat into existing subgrade , blading , shaping , haul , and water. APPLICATION OF TYPE III CEMENT AS PART OF THE ( FDR) PROCESS s Cement Ratios are as follows : WCR 126 : 12" Minimum Depth at 3% by volume , (25 . 4 lbs per SY) . WCR 13 : 12" Minimum Depth at 5% by volume , (42 . 3 lbs per SY) . WCR 19 : 15" Minimum Depth at 4% by volume , (42 . 3 lbs per SY) . EQUIPMENT Cement Proportioning : The cement spreader for in- place mixing shall be capable of uniformly distributing the cement at the specified rate . The Contractor will be required to provide certified load tickets for the cement delivered to the site. Cement may be added in a dry or slurry form . If applied in a slurry form , the slurry mixer and spreading equipment shall be capable of completely dispersing the cement and water and maintaining uniform , consistent slurry without separation throughout the slurry placement. Application of Water: Water may be applied through the mixer or with water trucks equipped with pressure-spray bars . Compaction : The processed material shall be compacted with a large sheep-foot roller of sufficient size to compact the full depth of processed material to the density required . Other: FDR material removed to achieve design grades may be wasted in the roadway gravel shoulder limits or shall otherwise become the property of the contractor and shall be hauled away and disposed of properly . Contractor' s Surveyor will perform routine grade checks of FDR subgrade surface every 200 feet following behind the FDR operations . Grade checks will be performed in time to allow for reworking of FDR surface if operations failed to achieve design grades . Contractor' s Surveyor shall perform existing grade checks , subgrade checks , and final grade checks every 50 feet between the beginning of work (Station 104+42) on WCR 19 and Station 125+ 00 . Grade checks shall be provided to the County for review and approval prior to work commencing . Grade checks shall be performed at the same location at each phase . This segment of roadway includes the Little Dry Creek Floodplain and the final grade of the road shall not exceed existing elevations . Deviations of grade that exceed existing shall be corrected by the contractor at their sole cost . SP-43 METHOD OF MEASUREMENT Stabilized subgrade will be measured by the square yard completed and accepted ( neat line) . Portland Cement will be measured by the delivery tickets (Ton ) , not to exceed plan quantity . Payment shall include all geosynthetic material , unbound material , processing material , mixing , compaction , and any materials used in curing . BASIS OF PAYMENT Pay Item Pay Unit Processing Cement Treated Subgrade (8 inch ) Square Yard Portland Cement (Type II ) Ton END OF SECTION SP-44 REVISION OF SECTION 403 HOT MIX ASPHALT Section 403 of the Standard Specifications is hereby revised for this project as follows : Subsection 403. 03 shall include the following : The Contractor shall construct the work such that all roadway pavement placed prior to the time paving operations end for the year , shall be completed to the full thickness required by the plans . The Contractor's Progress Schedule shall show the methods to be used to comply with this requirement . Delete subsection 403 . 05 and replace with the following : 403 . 05 The accepted quantities of hot mix asphalt will be paid for in accordance with subsection 401 . 22 , at the contract unit price per ton for the bituminous mixture , based on delivery tickets . Payment will be made under: Pay Item Pay Unit Hot Mix Asphalt (Grading SG) ( 100) ( PG 64-22) Ton Hot Mix Asphalt (Grading SX) ( 100) ( PG 64-28) Ton Contractor' s Surveyor will perform grade checks every 500 feet at the finished asphalt centerline to demonstrate achievement of design grades . Excavation , preparation , and tack coat of areas to be patched will not be measured and paid for separately , but shall be included in the work . Aggregate , asphalt recycling agent , additives , hydrated lime , and all other work necessary to complete each hot mix asphalt item will not be paid for separately , but shall be included in the unit price bid . When the pay item includes the PG binder grade , the asphalt cement will not be measured and paid for separately , but shall be included in the work . When the pay item does not include the PG binder grade , asphalt cement will be measured and paid for in accordance with Section 411 . Asphalt cement used in Hot Mix Asphalt ( Patching , 3 inch minimum as directed by inspector) will not be measured and paid for separately , but shall be included in the work . END OF SECTION SP-45 REVISION OF SECTION 403 HOT MIX ASPHALT TICKET COLLECTION Section 403 of the Standard Specifications is hereby revised for this project as follows : Subsection 403 . 05 shall include the following : The Contractor shall collect the scale ticket on each load when it is delivered to the project site , and ensure that the information required in subsection 109 . 01 is shown on each ticket. The scale tickets shall be available on site for County personnel to inspect. Each day the Contractor shall provide to the County envelopes which contain the previous day's signed tickets and the following : 1 . On each envelope : Project number, location , date of paving , type of material , daily total and cumulative total . 2 . One of the following : a. Two adding machine tape tabulations of the weight tickets with corresponding totals run and signed by different persons , b. One signed adding machine tape tabulation of the weight tickets that has been checked and signed by a second person , c. Signed check tape of computer scale tickets that have a cumulative total . These scale tickets must be consecutive and without voids or adjustments . 3 . A listing of any overweight loads on the envelope , including ticket numbers and amount over legal limit. 4. A comparison of the actual yield for each day's placement to the theoretical yield . Theoretical yield shall be based on the actual area paved , the planned thickness , and the actual density of the mixture being placed . Any variance greater than +2 . 5% shall be indicated on the envelope and a written explanation included . The Contractor shall provide a vehicle identification sheet that contains the following information for each vehicle : 1 ) Vehicle number 2) Length 3 ) Tare weight 4) Number of axles 5) Distance between extreme axles 6) All other information required to determine legal weight. 7 ) Legal weight limit. If the Contractor fails to provide the County with the required information on a daily basis , paving will not be allowed to resume unless approved by the County. This work is to be considered incidental to the work and no additional payment will be made . END OF SECTION SP-46 REVISION OF SECTION 411 BITUMINOUS MATERIALS Section 411 of the Standard Specifications is hereby revised as follows : Delete Subsection 411 . 05 and replace with the following : Bituminous materials will not be measured and paid for separately but shall be included in the unit prices bid for Hot Mix Asphalt (Grading SX) ( 100) ( PG 64-28) , and Hot Mix Asphalt (Grading SG ) ( 100) ( PG 64-22) . END OF SECTION SP-47 REVISION OF SECTION 506 RIPRAP Section 506 of the Standard Specifications is hereby revised for the project as follows : 506 . 03 Construction In subsection 506 . 03 , add the following : All soil riprap shall be buried with 8" of topsoil and seeded with soil retention blanket class I . 506 . 05 BASIS OF PAYMENT In subsection 506 . 05 , add the following : The Bedding Filter Fabric ( Mirif FW300 or equivalent) shall be considered subsidiary to the Riprap pay item . Prior to delivering this material to the jobsite , the Contractor shall supply laboratory testing data from the supplier , for approval by the Project Manager or designee . Mirafi FW 300 has a CBR Puncture Strength per ASTM D6241 of 1 , 250 lbs all equivalent products shall meet or exceed this specification plus meet or exceed all other specifications . Pay Item Pay Unit Soil Rip Rap (Type L) (d50=9") Cubic Yard END OF SECTION SP-48 REVISION OF SECTION 601 STRUCTURAL CONCRETE Section 601 of the Standard Specifications is hereby revised for this project as follows : Structural Concrete line item covers all concrete work on the project . Concrete cut off walls shall be provided with structural steel as per the plan project documents . Modification of existing structures consists of providing openings for new pipes and plugging gaps between new pipe and existing structure to provide a water tight joint . This work also includes removing and replacing concrete lined ditches to accommodate the installation of a new culvert pipe . Concrete shall include micro fiber reinforcement and shall match existing concrete dimensions . Subsection 601 . 19 shall include the following : The quantities for Structural Concrete ( Concrete Cut Off Walls , Concrete Collars , Concrete Lined Ditches , Concrete Structure Modification , etc . ) will not be measured , but will be the quantity designated in the Contract , unless field changes are ordered . If field changes are ordered , the quantities will be calculated using the revised dimensions and the additional volume of material shall be approved in writing by the Project Inspector prior to beginning the work . No allowances shall be made for shrinkage , swell , subsidence due to compaction of the existing ground or any other losses . Subsection 601 . 20 shall include the following : Payment for concrete collars and structure repair will not be made separately but will be incidental to the work performed under Section 603 . Pay Item Pay Unit Structural Concrete Cubic Yard END OF SECTION SP-49 REVISION OF SECTION 603 CULVERTS AND SEWERS Section 603 of the Standard Specifications is hereby revised for this project as follows : Subsection 603. 02 shall include the following : Reinforced concrete pipe shall be manufactured from concrete that meets the requirements for severity of sulfate exposure Class 1 specified in subsection 601 . 04 . Reinforced concrete pipe and flared end sections shall be a minimum of Class III structural strength , unless otherwise delineated on the plans . All Corrugated Steel Pipe shall be a minimum of 14 gauge , and shall be aluminized pipe . Subsection 603. 09 shall include the following : Existing culverts to remain that do not provide enough cover for the FDR process to be performed shall be backfilled from top of pipe to subgrade elevation with flowable fill , as per the project details . New culverts will also be backfilled with flowable fill as per the plan details . Weld County flowable fill mix: Flowable Fill ( Lean Pipe Encasement) Concrete mix ; Compressive strength F'c = 1000 psi @ 28 days ASTM C150 TYPE I - II Minimum 329 lbs . COURSE AGGREGATE ASTM-C33 — Minimum 1000+ lbs FINE AGGREGATE ASTM-C33 — Minimum 2000 + lbs AIR ENTRAINMENT AGENT (SIKA AIR) ASTM-C260 —Minimum 1 . 0 OZ/CU YD ASTM POTABLE WATER - MINIMUM 150+ Ibs Physical Properties : Slump : 6 . 00 - 8 . 00 Air Content: 5 . 0 - 7 . 0 % w/c + p ration 1 . 00 Note : If flow fill is ordered from Varra Companies ask for: Weld County Flowable Fill mix number 8890200 , with 3/8" rock . If it is ordered from Bestway ask for Lean Pipe Encasement which is Weld County Flowable Fill mix. Subsection 603. 12 shall include the following : SP- 50 The quantities for Flowable Fill will not be measured , but will be the quantity designated in the Contract , unless field changes are ordered . If field changes are ordered , the quantities will be calculated using the revised dimensions and the additional volume of material shall be approved in writing by the Project Inspector prior to beginning the work . No allowances shall be made for shrinkage , swell , subsidence due to compaction of the existing ground or any other losses . Structure excavation and backfill will NOT be measured and paid for in accordance with Section 206 but will be incidental to the work . Dewatering that may be required shall not be measured and shall be incidental to the work . Pay Item Pay Unit Flowable Fill CY 15" RCP PIPE AND HARD WARE ONLY LF 15" RCP INSTALL ONLY ( CIP) LF 15" CONCRETE END SECTION (CIP) EA 18" RCP PIPE AND HARD WARE ONLY LF 18" RCP INSTALL ONLY ( CIP) LF 24" RCP PIPE AND HARD WARE ONLY LF 24" RCP INSTALL ONLY ( CIP) LF 24" CONCRETE END SECTION (CIP) EA 48" RCP PIPE AND HARD WARE ONLY LF 48" RCP INSTALL ONLY ( CIP) LF 48" CONCRETE END SECTION (CIP) EA 72" RCP PIPE AND HARD WARE ONLY LF 72 " RCP INSTALL ONLY (CIP) LF 72" CONCRETE END SECTION (CIP) EA 23" X 14" HERCP PIPE AND HARD WARE ONLY LF 23" X 14" HERCP INSTALL ONLY (CIP) LF 23" X 14" CONCRETE END SECTION EA 30" X 19" HERCP PIPE AND HARD WARE ONLY LF 30" X 19" HERCP INSTALL ONLY (CIP) LF 15" CMP PIPE AND HARD WARE ONLY LF 15" CMP INSTALL ONLY ( CIP) LF 15" METAL END SECTION ( CIP) EA 18" CMP PIPE AND HARD WARE ONLY LF 18" CMP INSTALL ONLY ( CIP) LF 18" METAL END SECTION (CIP) EA END OF SECTION SP- 51 REVISION OF SECTION 625 CONSTRUCTION SURVEYING Section 625 of the Standard Specifications is hereby revised for this project as follows : Subsection 625 . 04 shall include the following : Contractor's surveyor must check into established survey control points along the project limits prior to beginning of construction . Additional control points desired by the contractor shall be set at their own cost. Weld County Public Works must verify the accuracy of those control points before construction operations can begin . The Contractor must protect those points , and immediately re-establish any that are damaged or removed during the progress of the project. Prior to beginning construction , the Contractor' s surveyor must stake out all Right Of Way and Temporary Construction Easements as shown on the approved ROW plans with temporary (for the duration of the project) points using tee posts , lath , or hubs and marked with flagging so they are easily visible . Additionally, ROW shall be staked where no ROW fence is present to delineate the limits of the work area . Those indicating the limits of construction within which the Contractor is allowed to work must be maintained throughout the project . The Contractor must protect those points , and immediately re-establish any that are damaged or removed during the progress of the project. ROW and TCE markers shall be removed following completion of the construction work . Materials shall be disposed of properly. Contractor's Surveyor shall coordinate with the engineer to remove and reset the existing section corners , per State Statutes . Section corners within the FDR limits must be removed prior to performing the FDR work to avoid duplicate monuments . Engineer will reset rebar and survey cap prior to paving operations . Contractor to set monument box in asphalt so section corner can be readily seen and identified within the box . Monuments made illegible due to contractors work shall be replaced by the Engineer at contractor' s expense . Weld County will provide the monument box and lid . Contractor' s Surveyor will perform routine grade checks of FDR subgrade surface every 200 feet following behind the FDR operations , Grade checks will be performed in time to allow for reworking of FDR surface if operations failed to achieve design grades . Contractor' s Surveyor will perform grade checks every 500 feet at the finished asphalt centerline to demonstrate achievement of design grades . Contractor's Surveyor shall perform existing grade checks , subgrade checks , and final grade checks every 50 feet between the beginning of work (Station 104 +42) on WCR 19 and Station 125 +00 . Grade checks shall be provided to the County for review and approval prior to work commencing . Grade checks shall be performed at the same location at each phase . This segment of roadway includes the Little Dry Creek Floodplain and the final grade of the road shall not exceed existing elevations . Deviations of grade that exceed existing shall be corrected by the contractor at their sole cost. Pay Item Pay Unit Construction Surveying Lump Sum END OF SECTION SP- 52 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 STAGING AND TEMPORARY CONSTRUCTION EASEMENTS : The Contractor shall take responsibility to find adequate staging area (s) for the project. Any agreements made for staging on private property shall be made in writing and copies of the written agreements shall be provided to the County prior to Construction . All staging areas shall be secured with temporary fencing and restored to original conditions after construction . The Contractor shall provide erosion and sediment control for all staging areas and shall modify the Erosion and Sediment Control Plans to include staging areas . The County has acquired Temporary Construction Easements (TOE) for work the projects . If the Contractor needs to perform work on private property outside of the easements shown on the drawings , then the Contractor shall obtain additional 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 SP- 53 REVISION OF SECTION 627 PAVEMENT MARKINGS Section 627 of the Standard Specifications is hereby revised for this project as follows: Subsection 627.02 shall include the following : Permanent and temporary pavement markings shall be waterborne and meet the county specifications for pavement markings . Pay Item Pay Unit Water Based Pavement Marking White ( Permanent) GAL Water Based Pavement Marking Yellow ( Permanent) GAL Water Based Pavement Marking Yellow (Temporary) GAL END OF SECTION SP-54 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised for this project as follows : Subsection 630. 01 shall include the following : This work also includes furnishing , operating , and maintaining a portable message sign panel . Add subsection 630. 031 immediately following subsection 630 . 03 as follows : 630 . 031 Portable Message Sign Panel . Portable message sign panel shall be furnished as a device fully self-contained on a portable trailer, capable of being licensed for normal highway travel , and shall include leveling and stabilization jacks . The panel shall display a minimum of three - eight character lines . The panel shall be a dot-matrix type with an LED legend on a flat black background . LED signs shall have a pre-default message that activates before a power failure . The sign shall be solar powered with independent back- up battery power . The sign shall be capable of 360 degrees rotation and shall be able to be elevated to a height of at least five feet above the ground measured at the bottom of the sign . The sign shall be visible from one- half mile under both day and night conditions . The message shall be legible from a minimum of 750 feet . The sign shall automatically adjust its light source to meet the legibility requirements during the hours of darkness . The sign enclosure shall be weather tight and provide a clear polycarbonate front cover . Solar powered message signs shall be capable of operating continuously for 10 days without any sun . All instrumentation and controls shall be contained in a lockable enclosure . The sign shall be capable of changing and displaying sign messages and other sign features such as flash rates , moving arrows , etc . Each sign shall also conform to the following : ( 1 ) In addition to the onboard solar power operation with battery back- up , each sign shall be capable of operating on a hard wire , 100- 110 VAC , external power source . (2) All electrical wiring , including connectors and switch controls necessary to enable all required sign functions shall be provided with each sign . ( 3) Each sign shall be furnished with an operating and parts manual , wiring diagrams , and trouble-shooting guide . (4) The portable message sign shall be capable of maintaining all required operations under Colorado mountain-winter weather conditions . ( 5) Each sign shall be furnished with an attached license plate and mounting bracket . (6) Each sign shall be wired with a 7-prong male electric plug for the brake light wiring system . Subsection 630. 13 shall include the following : The portable message sign panel shall be on the project site at least 10 calendar days prior to the start of active roadway construction . Maintenance , storage , operation , relocation to different sites during the project, and all repairs of portable message sign panels shall be the responsibility of the Contractor. SP- 55 Subsection 630. 15 shall include the following : Portable message sign panels will be measured one of the two following ways : ( 1 ) By the actual number of days each portable message sign is used on the project as approved by the Engineer . (2) By the maximum number of approved units in use on the project at any one time . Subsection 630 . 16 shall include the following : Pay Item Pay Unit Traffic Control Inspector Day Traffic Control Supervisors Day Traffic Control Flaggers Hours Traffic Control Signage/Striping Lump Sum Variable Message Board (As Required ) Day The contract duration is 75 days and assumes a 25 day duration for each roadway segment. If the Contractor fails to complete construction within the assumed 25 day duration for each segment, Payment will not be made for the use of Section 630 ( Except for VMB) pay items for the period of time after expiration of the allotted 25 days . These items shall be provided at the Contractor' s expense . END OF SECTION SP-56 FORCE ACCOUNT ITEMS DESCRIPTION This special provision contains the County's estimate for force account items included in the Contract . The estimate amounts marked with an asterisk will be added to the total bid to determine the amount of the performance and payments bonds . Force Account work shall be performed as directed by the N Engineer . Force Account Item Estimated Quantity Amount F/A Minor Contract Revisions F/A $250 , 000 F/A Erosion Control F/A $ 30 , 000 0 F/A Minor Contract Revisions 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. F/A Erosion Control This work consists of minor erosion control 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. END OF SECTION SP-57 GENERAL - 1 TRAFFIC CONTROL PLAN The key elements of the Contractor' s method of handling traffic ( MHT) are outlined in subsection 630 . 10 . The components of the traffic control plan (TCP) for this project are included in the following : ( 1 ) Subsection 104 . 04 and Section 630 of the specifications . (2) Standard Plan S-630- 1 , Traffic Controls for Highway Construction , and Standard Plan S630-2 . ( 3) Schedule of Construction Traffic Control Devices . (4) Signing and Striping Plans , including temporary striping . (5) Traffic control plans shall follow phasing plans . Special Traffic Control Plan requirements for this project are as follows : The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time , unless directed . Access to private properties and local traffic shall be maintained at all times . Traffic shall not be delayed for more than 15 minutes or as directed by the Engineer when the roadway is open to traffic . WCR 13 and 19 will be closed except for local traffic and detoured as shown in the plans . WCR 126 shall not be closed , and shall have at least one lane of traffic (one way ravel with flaggers) at all times , during daylight construction hours unless otherwise approved by the Project Engineer, or designee . Two-way traffic will be accommodated at night . Two weeks prior to any road closure, the Contractor shall notify the Weld County Public Works Department. All CDOT permitting will be the responsibility of the contractor. Temporary striping will be required on WCR 126 . Striping of the milled asphalt surface will be required , striping of the FDR surface will be required ( EDC will be required to enhance the durability and adhesion of temporary striping on FDR surface) , water based paint ( 15 mills thickness is anticipated ) will be required . Temporary striping may be required on WCR 13 and 19 , as directed by the inspector. Under all conditions , the Traffic Control Inspector (TCI ) daily bid item shall apply , including setup and tear down . The Contractor shall not perform any work on the roadway between the hours of 6 p . m . and 6 a . m . unless approved by the Engineer. This work is considered incidental to the Traffic Control work and will not be paid for separately . END OF SECTION GENERAL - 2 UTILITIES, RAILROAD , IRRIGATION COORDINATION Known utilities within the limits of this project are : SP-58 UTILITY CONTACT PHONE NUMBER United Power — OHE Randy Rule 303-524-5354 United Power — OHE Don McDaniel 303-809-3125 AT&T Tom Jakse 720-289-5471 Colorado Interstate Gas Steve Bacon 719-261 -9110 DCP Midstream Randy Reinick 970- 539- 1701 Kerr McGee/Anadarko Mike Brotzman 970-634- 1555 Poudre Valley Electric Bryant Pangrac 970-282-6433 Century Link Bob Rulli 970-490-7503 US Sprint Katie Hutchison 800-521 -0579 Little Thompson Water Mike Cook 970- 310-9332 District Central Weld County Corey Mesloh 970-415-0607 Water District N 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 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 . The locations of utilities shown on the plans and described herein were obtained from the best available information , but are not to be considered complete as to location or identification of all utilities that could be encountered . Little Thompson Water District — Water Line Work Coordination LTWD is intending to coordinate work on their water lines within the limits of WCR 13 prior to this work being performed . Contractor shall coordinate with LTWD to ensure their work is completed prior to commencement of work . BASIS OF PAYMENT SP-59 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 . Railroad Coordination (Omnitrax) The plans have defined the begin and end of work adjacent to the railroad to be no closer to the grade crossing than 25' . This maintenance work may be completed as planned without additional permissions or permitting with the railroad if the 25' separation is maintained . Contractor shall not work within 25' of the grade crossings without obtaining a permit. 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 . SP-60 Irrigation Lateral and Ditch Company Coordination The plans delineate improvements at various irrigation ditch crossings . The contractor shall coordinate improvements with the ditch owner and shall construct temporary irrigation water bypasses as necessary to accommodate delivery of irrigation water as required by the ditch owner. The ditch flow bypass line item will be paid • as a lump sum to accommodate bypass flows as necessary to construct the improvements . The following ditch crossings are anticipated to be required to be coordinated : Road Ditch Segment: Owner/Land Approx. Bypass Facility Station Owner Phone Flows Improvements Description WCR 126 - No Facilities Cross Culvert 1 - 13 . Remove existing 12" x 18" HECMP . 970-302- 200 inches Install 14" x 23" CL IV HECRP . WCR 13 : 1 113+48 Mark Nygren 2553 minimum See C13 and C22 . Cross Culvert 2 — 13 . Remove 970-679- existing 15" CMP . Replace with WCR 13 : 2 115+87 Steve Shultz 8841 100 inches 15" RCP . See C14 and C22 Cross Culvert 3 — 13 . Remove existing 18" CMP . Replace with 18" RCP . See C15 and C22 . Note : This irrigation delivery point may not be in use after 970-679- mid -June, coordinate with WCR 13 : 3 139+40 Steve Shultz 8841 100 inches owner. Cross Culvert 4 — 13 . Remove existing 18" CMP . Replace with 18" RCP . See C16 and C22 . Note : Re-grade outfall ditch 970-679- within TCE limits to facilitate WCR 13 :4 153+ 28 Steve Shultz 8841 Variable water flow to stilling basin . Cross Culvert 5 — 13 . Remove existing 18" CMP . Replace with 18" RCP . See C16 and C22 . Note : Re-grade outfall ditch 970-679- within TCE limits to facilitate WCR 13 : 5 154+02 Steve Shultz 8841 Variable water flow to stilling basin . Remove 48" CMP . Replace with 48" RCP . See C14 and C25 . y Mr. Notes : Mr. Haake can assist with Haake : coordinating water flows from Ron Haake/ H & 303 -587- his pond that run through this WCR 19 : 1 113+54 L Amerin 4673 Variable/Seasonal pipe during construction . SP-61 • Mr. Haake : Ron Haake/ H & 303 -587- Remove existing 72" CMP . WCR 19 : 2 121+ 50 L Amerin 4673 Variable/Seasonal Replace with 72" RCP . Remove12" x 20" HECMP . P . Replace with 14" x 23 " HERCP . See C22 and C25 . Notes : White plastic irrigation pipe is inside existing culvert carrier pipe . Contractor to replace irrigation 303-638- pipe inside of new concrete WCR 19 :3 223+31 Roy Enter 6435 Variable culvert carrier pipe . Note : Conversion 1 acre ft = 325, 850 gallons/ 24- Factor: 20 inches = 1 acre ft hours BASIS OF PAYMENT Pay Item Pay Unit TEMPORARY IRRIGATION DITCH BYPASS Each END OF SECTION SP-62 EXHIBIT WCR 13 & 19 and 126 Haul Road Projects Page 1 of Bid Request No . B1500119 Weld County, Colorado • ADDENDUM NUMBER ONE — June 16 , 2015 TO CONTRACT DOCUMENTS AND SPECIFICATIONS The following shall be as fully a part of the above named Drawings , Contract Documents and Specifications as if therein included and shall take full and complete preference over anything contained therein to the contrary . Acknowledgment: Each bidder shall indicate their acknowledgment of receipt of this Addendum in the place provided on the Bid Proposal . CLARIFICATIONS AND CHANGES TO THE BID DOCUMENTS : • The project Bid Proposal , on page 9 of the Contract Bid Documents and Specifications is in error and references WCR 22/49 Intersection Project . Replace page 9 with the corrected Bid Proposal page (attached ) . • The project Bid Schedule ( Item 403-2) , on page 14 of the Contract Bid Documents and Specifications is in error. Replace page 14 with the corrected Bid Schedule page (attached ) . • The project special provision for the Revision of Section 310 — Full Depth Reclamation , page SP- 44 of the Contract Bid Documents and Specifications is in error. Replace page SP-44 with the corrected page (attached ) . • Soils Exploratory and Pavement Design Reports and information for Haul Road Projects on WCR 13 & 19 & 126 are included with this addendum and have been posted to the Rocky Mountain Bid Site . • The Pre- Bid meeting minutes are included with this addendum and hereby made of a pad of the contract documents . QUESTIONS ASKED AT THE PRE -BID MEETING ON JUNE 11TH AND WC_ RESPONSES : Q: In the double FDR locations, the first pass will not require cement, correct? A : Yes - that is correct. Q . For the Double FDR work, were additional quantities accounted for? A : Yes , the FDR SY & Unclassified Excavation CY quantities were increased to account for the double pass required . Q: A question was asked regarding minimum cure time for the FDR areas prior to being opened to traffic. A : We anticipate we won't be able to get 24 hours . We need at least a 6 hour cure time . Q — A question was asked regarding the number of Section Corners to be replaced as specified. A : WCR 13 = ( 5) , WCR 19 = (7 ) , WCR 126 = ( 2 ) , for a Total of ( 14) Q : A question was asked regarding the funding amount for this project and method of award to stay within the funded amount. A : Total amount allocated is 4.4 million . There is not a location/priority at this time, if the budget is not adequate to cover the successful bid , prioritization of the final scope will be determined internally. 0: A question was asked regarding the percentage of Recycled Asphalt Pavement (RAP), which could be used in the asphalt pavement mix designs. A : See attached Revision to CDOT Section 401 , which is to be added to the Special Provisions for this project. Richard White , P . E . Project Manager WCR 13 & 19 and 126 Haul Road Projects Page 1 of 1 Bid Request No . B1500119 Weld County, Colorado ADDENDUM NUMBER TWO - June 23 , 2015 TO CONTRACT DOCUMENTS AND SPECIFICATIONS The following shall be as fully a part of the above named Drawings , Contract Documents and Specifications as if therein included and shall take full and complete preference over anything contained therein to the contrary . Acknowledgment: Each bidder shall indicate their acknowledgment of receipt of this Addendum in the place provided on the Bid Proposal . CLARIFICATIONS AND CHANGES TO THE BID DOCUMENTS : • The project Bid Schedule ( Items 203 - 1 & 308- 1 ) , on page 12 of the Contract Bid Documents and Specifications has been revised due to additional Double- FDR area required on WCR 13 . Replace page 12 with the corrected Bid Schedule page (attached ) . • The project special provision for the Revision of Section 401 Reclaimed Asphalt Pavement is intended to be made a part of the Contract Bid Documents and Specifications as stated in addendum No . 1 . The Revision to CDOT Section 401 to the Special Provisions for this project may not have been posted as intended with addendum No . 1 , so it is also attached to this addendum . Richard White , P . E . Project Manager w EXHIBIT " B " BID PROPOSAL To : Weld County Purchasing Department P . O . Box 758 , 1150 "O" Street Greeley, Colorado 80632 Attention : Trevor Jiricek , Director of General Services Bid Proposal for: WELD COUNTY ROAD 13 . 19 & 126 HAUL ROAD PROJECT PROPOSAL { Pursuant to and in full compliance with all Contract Documents the undersigned Bidder hereby proposes to furnish all labor and materials and to perform all Work required for the complete and prompt execution of everything described or shown in or reasonably implied from the Bidding Documents , including the Drawings and Specifications , for the Work above indicated for the monies indicated below which includes all State , County and local taxes normally payable with respect to such Work . The amounts stated include all allowances for profit and overhead , taxes , fees and permits, transportation ; services , tools and equipment, labor and materials and other incidental costs . The Bidder and all Sub-Bidders shall include in their bid all Sales and Use Tax if applicable . State of Colorado and Weld County tax shall not be included . Upon application , the State of Colorado Department of Revenue shall issue to a Bidder or Sub-Bidder a Certificate or Certificates of Exemption indicating that • the purchase of construction or building materials is for a purpose stated in Section 39-26- 114 , CRS , and is free from Colorado State Sales Tax. EXAMINATION OF DOCUMENTS AND SITE The Bidder has carefully examined the Bidding Documents, including the Drawings and Specifications, and has examined the site of the Work , so as to fully appraise himself of the conditions at the site and to gain a clear understanding of the Work to be executed and is thoroughly familiar with all local , state and federal laws , ordinances , rules , regulations and other factors affecting performance of the Work . PROPOSAL GUARANTEE This Bid Proposal is accompanied by the required Bid Bond of five percent (5%) based upon the Total • Cost of all items required to be Bid . Weld County , Colorado is authorized to hold said Bid Bond for a period of not more than sixty (60) days after the opening of the Bids for the Work indicated , unless the undersigned Bidder is awarded the Contract within said period , in which event the Owner may retain said Bid Bond until the undersigned Bidder has executed the required Agreement and furnished the required Performance Bond , Labor & Materials Payment Bond , and Certificates of Insurance. TIME OF COMPLETION The Bidder agrees to make his best effort to complete the entire Project as soon as possible and within the time specified in the Project Special Conditions after the issuance of the Notice to Proceed subject to the CDOT Standard Specifications for Road and Bridge Construction , Section 108 . EXECUTION OF DOCUMENTS 1 The Bidder understands that if this Bid Proposal is accepted , he must execute the required Agreement and furnish the required Performance Bond , Labor & Materials Payment Bond and Insurance Certificates within ten ( 10) days from the date of Notice of Award . B1500119 Page - 9 - z 1 { i METHOD OF AWARD The Owner reserves the right to reject any Bid from any Bidder whom the Owner deems is unfit or unqualified to complete the Work as specified regardless of the amount of the Bid . NOTE - So It is understood by the Bidder how Bids shall be awarded : should the cost of the Bid exceed budgeted funds , the Owner reserves the right to reject any or all Bids or portions of Work , Bid , or the use of any of the methods stated in the Instructions to Bidders to obtain the most advantageous Bid price . For this project , the folloing applies : • WCR 13 — Weld County reserves the right to reject any portion or all of Work • WCR 19 — Weld County reserves the right to reject any portion or all of Work • WCR 126 — Weld County reserves the right to reject any portion or all of Work Up to a total of one of the above Roadway Projects . All bids will be reviewed by the Owner and Engineer. For any discrepancy between words and figures ; the words will control . All mathematics will be checked and the correct total used for determining the low bidder. B1500119 Page - 10 - 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: 6( ICQ ( IS By: K O Addendum No. o! Date: 640 31 5 By: Q1� 1 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 . SIGNATURES : Dated this � r � J day of e_, , 2014 . FIRM NAME : AAniknislefk:t v‘.. CO1'ljT r ticL0 r 5 7 BY: 3CD Kix n±.. z_. TITLE : ThrtsccJex' ± , BIDDER'S LEGAL SIGNATURE: /41e- STATE OF INCORPORATION : a c:3 tra__d, ,, ADDRESS : �o �o� /a t Vi `�T Y' 22� Th ( o:42,v; 1 It , gO61,„ I TELEPHONE NO : (grIO) 7S5iic0i MeL l70 39CC 170 d FAX NO : 070) fl5e Q SIS ATTEST: Cintes2A. DA4AA4124,_ B1500119 Page - 18 - BID BOND WELD COUNTY ROAD 13 & 1.9 & 126 HAUL ROAD PROJECT KNOW ALL MEN BY THESE PRESENTS , that Mountain Constructors , Inc . * as Principal , and United Fire & Casualty Company** as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the " Owner") in the pen & sum of Five Percent of Amount Bid Dollars ($ (5 % ) ), law:ul 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 June 25 , 2015 , MIX for the WE LCD COUNTY ROAD 13 & 19 & 126 HAUL ROAD PROJECT 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 ccnstruebon 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 25th day of June , 2015 2004. the name and corporate seat of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing board . Principal Mountain Constructors , Inc . Address P . O . Box 405 ATTEST : Platteville , CO 80651 -0405 By: IL0ticofv\-ef2a,„, /4<i Unit - d Fire & Casualty Company Surety teML2 Florietta Acosta , Attorney-in -Fact ATTES . Address P . O . Box 73909 , Cedar Rapids , IA 52407 -3999 By: Lee Anne Meaux, Surety Vi ness • . .. . ii •. . •.r`.i....: • . •... -s. r 'R• f • ,�, '.^P•CIS... ... :.:.i: 11.Y, .l SL/s. •. •. -Ct. _ .. 4 • ... B1500119 Page - 19 - *P . O . Box 405 , Platteville , CO 80651 -0405, Incorporated in the State of Colorado **P . O . Box 73909 , Cedar Rapids , IA 52407-3909 , Incorporated in the State of Iowa 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 . Bisoe 19 Page - 20 - UNITED FIRE & ASUALTY COMPANY, CEDAR RAPIDS, IA t UNITED FIRE & INDEMNITY COMPAI' Y 'WEBSTER, TX Inquiries: Surety Department FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA 118 Second Ave SE ; b • CERTIFIED COPY OF POWER OF ATTORNEY Cedar Rapids, IA 52401 (original on file at Home Office of Company — See Certification) KNOW ALL PERSONS BY THESE PRESENTS , That UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa; UNITED FIRE & INDEMNITY COMPANY, a corporation duly organized and existing under the laws of the State of Texas; and FINANCIAL PACIFIC INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint • DONALD E . APPLEBY , OR SARAH C . BROWN , OR MARK SWEIGART , OR TODD B-ENGF0RD , ALL INDIVIDUALLY of GREENWOOD VILLAGE CO • • • • • • Ali their true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $ 100 , 000 , 000 • 00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies • and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. • The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE & CASUALTY COMPANY, UN ITF,D FIRE & INDEMN ITY :COMPANY, AND FINANCIAL :PACIFIC IN SURI NCE COMPA�N • : This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of Directors of UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE COMPANY. "Article VI — Surety Bonds and Undertakings" th. Section 2, Appointment of Attorney-in-Fact. "The President or any Vice President, or any other officer of the Companies' may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Companies in the execution of policies of insurance, bonds, 0 undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys-in-fact, subject to the limitations set .'` forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution' of any such instruments and to attach the seal of the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of and authority previously given to any attorney-in-fact. v allpower 1 a at any time revoke the Companies may .��``t'�Asl /'•, \{{{{rr IN WITNESS WHEREOF the COMPANIES have each caused these presents to be signed by its �� „..t.,„4. 'i �� riUEM//''i, ��t�t{l{ltur,l,l��i ``. , , o \`\��4� N,� '%2. ``\�� \FAG 1 N S�q ,,�� o c • qy vice president and its corporate seal to be hereto affixed this 6t h day of May 2015 47„, APP Ar ��; WA CORPORATE : =q �o �. Q �� PO q _ _ �, CORPORATE _ �0•• � _ UNITED FIRE & CASUALTY COMPANY z .. • - _ = r= — � -- aa.= •_ JULY2? O - am z y = z UNITED FIRE & INDEMNITY COMPANY ��, SEAL �Q : �7 SEAL �`� 1986 1 '�� 5 *...3%` .�'9 �`P ?,�� FINANCIAL PACIFIC INSURANCE COMPANY •��i�� RA>?c�54�� STa T1• `��` ,��ir CIFpR, • • . // • ///111111\\\�� j///Ill!►{14{\�� i \•�� !!!lJllrllltllO By: 9:jegionsu%senrniagrom....,.. " (24:ecteetio. ' . County of Linn Vice President State of Iowa, C my , ss: H On 6th day of May , 2015 , before me personally came Dennis J . Richmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of UNITED FIRE & CASUALTY COMPANY, a Vice President of UNITED FIRE & INDEMNITY COMPANY, and a Vice President of FINANCIAL PACIFIC INSURANCE COMPANY the corporations described in and which executed the above instrument; that he knows the seal of said corporations; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be>the act and deed of said corporations. • • . (Bmity)emi . . q,�,ar �, Mary A. Bertsch Iowa Notarial Seal {.. Commission number 713273 LI---)/01.91-14.4% Notary Public ,p01 My Commission Expires 10/26/2016 My commission expires: 10/26/2016 I, David A. Lange, Secretary of UNITED FIRE & CASUALTY COMPANY and Assistant Secretary of UNITED FIRE & INDEMNITY COMPANY, ' and Assistant Secretary of FINANCIAL PACIFIC INSURANCE COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth, in said Power of Attorney, with the `. ." ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS , and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and: is now in full force and;,effect. In testimoit#hereof I have hereunto subscribed my name and affixed the corporate seal of the said Cori orations day of _ r\ C..� 20 this ...- > • �� cAs �� \\ p i/�� \� JG I N SUA /i, • �� T � �� art �r y i, `. GAF,,. ,4 .,� tie": , . . k �o t:i ;i _� � �' , a�P.• �`:� �,� /FQ4�� % `�� ///iRRAPI13,_`�\�� //it STERT1a `\ // I,,,!! ��\,`\`` Secretary, UF&C �l11111111 Ilrl{tit Ur11311I0 Assistant Secretary, OF&UFPIC PPOA0049 0115 • l N Form - 9 Request for Taxpayer Give form to the iRe,:. October 2007) Identification Number and certification requester. Do not D pktm,:rt •:r tt :- send to the IRS. Int=rIM Revenue Si .: Nano (as shown on your income tax return) C2) PACDIdLrCE"Ck.k rt ace f1 S r r S _Lac . c Business name, if different from above f a e O ntv C Check appropriate bc;;. Individual/Sole proprietor Xi Corporation Li Partnership 2 Exempt U TTF�--7� Limited liability company. Enter the tax classification fication P=tharegarded entity, C=corporation, P=partnership} IF'- . . _ . _ _ . p;�ya4 o E 1 1 `ts�.a 1. int"..r'� =1 rlr L i , .: .:, ,::: ,. 17. bVrvP l.. Address (number, street, and apt. cr suite no.) Requester's name and address (optional) ci •c2 oLiZe ati .(1. Stele • - 5 City, state, and ZIP coda tLccthVj ( ) e ' 0,0go C, S ( (31 'n List account nuber(4 hers (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid Social security number 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 (ELN). If you do not have a number, see How to get a TIN on page 3. or Note. 1f the account is in more than one name, see the chart on page 4 for guidelines on whose I Employer identification number number to enter. ' 9 Dg g 5 4 / 3 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. 1 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). 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 4. Sign signature of Here U.S. person 1w Date i` 645) , _.5 General Instructions Definition of a U.S. person. For federal tax purposes. you are consklered a U .S. person if you are: Section references are to the interne( Revenue Code unless • An individual t•.lio is a U.S. citizen or U.S. resident alien. otherwise noted. • A partnership. corporation, company, or association created or Purpose of Form organized in the United States or under the laws of the United A person who is required to file an information return with the States, IRS must obtain your correct taxpayer identification number (TIN) • An estate (other than a foreign estate). or to report , for example, income paid to you, real estate • A domestic trust (as defined in Regulations section transactions. mortgage interest you paid. acquisition or 301 . 7701 -7). abandonment of secured property. cancellation of debt. or Speciesl rules for partnerships. Partnerships that conduct a contributions you made to an IRA. trade or business in the United States are generally required to Use Form 1111-9 only if you are a U.S. person (including a pay a withholding tax on any foreign partners' share of income resident alien), to provide your correct TIN to the person from such business. Further, in certain cases where a Form W-9 requesting it (the requester) and, when applicable, to: has not been received, a partnership is required to presume that 1 . Certify that the TIN you are giving is correct (or you are a partner is a fc,Kreign person. and pay the withholding tax. Waiting for a number to be issued). Therefore, if you are a U.S. person that is a partner in a 2. Certify that you are not subject to backup withholding, or partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. 3. Claim exemption from backup withholding if you are a U.S. status and avoid withholding on your share of partnership exempt payee. If applicable. you are also certifying that as a income. U.S. person, your allocable share of any partnership income from „ . _. or business is not subject to the withholding tax on The person who gives Form W-9 to the partnership for a U. S. trade :! - avoiding withholding purposes of establishing its U.S. status and ,} foreign partners' share of effectively connected income. on its allocable share of net income from the partnership Note. if a requester gives you a form other than Form W-9 to conducting a trade or business in the United Slates is in the request your TIN, you must use the requester's form if it is following cases: substantially similar to this Form W-9. The U.S. owner of a disregarded entity and not the entity, ._� Cat. No. 10231X Form W-9 (Re::. 10-2007} B1500119 Page - 21 - l STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: Sari Q.._ o2S t 020 IS 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 Ni\O 1 0.--Or) I(Company or Firm ) : t�C\CAk � 5'1" (" t�t C.1 O 1� 5 , sr-, AC, 2 . Permanent main office address : oaaMq% y\ ovi--i • ) bd € v lie1 CO $01) 51 Phone Number: 070) ISS - Col. CD E-Mail Address : YNrrEn r_ on S71 & Eae-Lin Li n k . rt at, 3 . Year Company was organized : Nroflrngeira t R ga 4 . Number of years this Company has been engaged similar construction : 33 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 : c: QR_ a-Atecieset $ $ $ 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. Mc+ r? e-- 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. Voile, 131500119 Page - 22 - 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 . Wong... 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 . Mo 11 . Describe all contracts that the Company failed to complete. Wane, 12 . 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H I- la w D D U o Q o z t- F- f- l-- v v v o z z z z � U U U � f=- O O O O m m CC) N U U U U Q Q W CO cc cc cc J U V U U m w I- m a. u u... u -ct U U e 0 05 I— Q Q O < < < < Q a 1Z 0 _ cC 0 a, ri N N NH r-+ N m d- LiD W D \ f NH A N I WI I I I I 1 D 0N N NN m CO co m m O O 0 tD tD CU to W to k.O tD tD O O O 0 in z ri • 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 n2Jr day of ,.jU•.R e.. , 24 Bidder: AAC UlY`�t r1 /10 nS'Cr LAc. Inr5 2-3nc Company By: 7-14e...- /40C2< Signature Name: jib KAirvf (Please Type) Title: F (cSt cierCE NOTARY County of \tI'atd ) ss . 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OFFICERS AND PRINCIPALS 622 MAIN STREET PLATTEVILLE , CO 80651 YEARS OF INDUSTRY NAME TITLE EXPERIENCE Sandy Arends Corporate Secretary / Accountant 17 Steve Bisig Superintendent / Concrete 45 Pamela Duncan Vice President / Project Manager 29 David Gross General Superintendent 17 Joe Kuntz President / Owner / Safety Officer 47 None of the above employees or company officers have ever been convicted of bid related crimes or violations in any jurisdiction . Nor are any of the above employees or company officers under notice of intent to disbar or has ever been debarred in any jurisdiction . W It Z W W o \ \ 0 0 0 0 5 V o o � c w W 2 O �_ oo 0 O O O H W O a. U H Z _ — p Win Lc) ir) Lo to U) CD 0 CD r- r O 0 W Q. 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O U O O O N- ON- 0rn F- 0 U0 � CD C E- 0 U0 H CD Ei CD -� W _.YE •a) w O Q 2 > 2a � Z 0 a Cl) (1) J l— = E 0 EQ O C H w a) a) a) co a) Wo a) o F- cu cn > •C Es C L Q Q c2 co E co CD _c iii CC a5 N f- °6N co N co > U 5 co O = O U) 5 o N U) U) D O CC U) m M_Ia',MORANDUM Date: July 9, 2015 • L , c o U_N" T�� To: Trevor Jiricek, Director of General Services From: Matt LaPorte (Engineer III), Richard White(Engineer III), Don Dunker(County Engineer) RE: Bid Request No. B1500119 BOCC Approval Date July 13,2015 Bids were received and opened on June 25, 2O15 for contracted construction of WCR 13 from (WCR 38 to WCR 42), WCR 19 from (WCR 8 to SH 52) and WCR 126 from (I-25 to WCR 17) Haul Roads Project. A single bid was received for $5,429,160.80. The bid was submitted by Mountain Constructors Inc. from Platteville, Colorado. The submitted bid was reviewed for errors and completeness. This project originally had a total project construction budget of$4,708,953. The County received a $2 million energy mineral impact grant from DOLA to leverage funding this project. The original project budget was not sufficient to cover the amount of the initial bid, so PW's and Purchasing met with the owner of Mountain Constructors Inc. to negotiate the best possible cost for the overall work. Mountain Constructors responded by submitting a bid of $5,329,160.80, which left an amount of $620,207.80 unfunded. The resubmitted bid was reviewed for errors and completeness (see attached spreadsheet). Since it is evidenced that waste haulers use CR 126, the County Engineer requested that the County use $620,207.80 from the Solid Waste Fund to make this contract whole. The total contract price is $5,329,160.80; Weld County is responsible for $3,329,160.80. This total project budget is sufficient to cover this construction contract award. Don Warden agreed with the request to use Solid Waste Funds in the amount of$620,207.80 per July 9, 2015 email. (See attached) It is our recommendation to award the construction contract to Mountain Constructors Inc. for a total amount of$5,329,160.80. This contractor has completed similar work for Weld County in the past with success. Construction of the project is anticipated to take place approximately July 27"' through October 9"d, 2015. Mountain Constructors Inc has signed the Agreement and is following up on the Bonding and Insurance requirements. The Agreement will be on a separate BOCC agenda. 73 0,20/5-/no // Ala 00701, / - to E t � cc _ •co '7) / k • $ 0 5 \ E / 2 .@ _ \ E \ \ / ) k > E C co u / § ) 3 / / / � 0 - op , UEc c2 = E § ° . « § Ct \ / u R § ° 0 - 2 2 / _ = c § \ \ 0 6 = e _ $ o ® U § 5 = % f \ / \ � � G 7 .0 � / k \ , \ \ 67 # 2 = . EmE "' § / 2 2 ° ES •C4- k .y G _ : = G - _ 2 0 - _ _ \ t e 17)Cr / Cn- % � ° c \ CLI / f >„., 2 o_ < my \ CO 7 / % o Cl.) - { m 7 3 / / -4.9 = 3 § as O)? 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R = / = >- e75 O 4- ) e ae5 = 2 = § a u G 7 Q CD •.1a. 1.-.) as / e S . v O / C § / / _ : 0 • = 0 •= , 2 \ { . e a -o e C E / O 0 < c 2 Q •U, § r g / \ tC a Cu u = — 2 \ \ / c G G E t O 7322 \ G ± g a, a) cp CNI / f >. \ % # § e q @ > u > / q cu \ , C 2272 , 0 ° \ / E CL CO, CNI \ / $ \ /I C } CO \ C 2 2 & /� CD CL \ / § 0 ° -0 (13 co $ k - \ \ CO N. a C = / o m e a > E / f %N. X. ~ \ tf V \ @ U o i. L. k N. [UM, 0 % / 'o \ m ) 2 ® z— z E # 4-' 0- o X33 ® « 4 , �� , � 2eo 7 0 / ifj?\ / E : % / co § $ f / 3 \ ? \ \ / ± Q ... CD = 2 5 2 ® @ . c -a n u 2 / R37 _ f0k • • / \ � k __ MEMORANDUM 1F 5 , r + .. „., .... , r i TO: Don Warden, Director of Finance and Admin DATE: 07-08-15 ` , .-, - it,i*--.::: - FROM: Don Dunker, PE, County Engineer P ,: _ SUBJECT: Solid Waste truck traffic on CR 126 Mr. Warden, The City of Cheyenne, WY brings there solid waste trash each day to the North Weld Landfill at 40000 W. CR 25 Ault, CO 80610. The semi trash trucks carrying the solid waste no doubt use CR 126 as one of the haul routes to get to the landfill and dump and then return back to Cheyenne. Total AADT traffic counts on WCR 126 is 615 with 60% truck traffic. Public Works (PW) is in the process of doing upgrades to the WCR 126 between 1-25 and WCR-17, the bid amount for this section of roadway upgrades is $1,750,604.50 by Mountain Constructors, Inc. There are two other locations to be upgraded per this contract WCR 13 and WCR 19. The total contract price is $5,329,160.80 and PW has a budget amount of$4,708,953.00 and there is a short fall of$620,207.80. I would request that the County use $620,207.80 from the Solid Waste Fund to make this contract whole. As described above solid waste trash trucks do use the WCR 126 to deliver solid waste to the North Weld Landfill in Ault Colorado and there appears to be enough of a connection to use the funds requested. Please let me know if you have questions. Thank you for your consideration. Don Dunker, PE, County Engineer Weld County Public Works Ex.3749 M.\—Active Projects\HARP-cr13_cr19_cr126-Contracted-2015\Construction\Letter to Don Warden\Solid Waste Fund to Don Warden 070815.doc I I ( I I ! l 1 ° II l t I I ( Fl▪ . f 1 l 1 i l I o a l p z o a O o Ni o O � a s a o `�' '� _ r- Nr _ c\J T, — NN in aN`r` N r ' J o Q I-- 0 I- I ( 1 1 ' { I ( I V I ,, ! I I l l i l ( I 1" p N lit p �J • A p '� �' ,O ♦ O-..I) O I I.' o ® s w L U W 0_ a 6 cc z a. 0 U CX in 0 `^ ? Q > z Z z Z >, y- LL. U. Q u u- JZ N J U O W J W W = 2 c) W W U UU [n O f/) Q O O U U —t J W J J f= = I N o ^ Q 0 LO _ ' F , O p cp O ^ O DQ Pr, CO c� rn ri Z al an d NO tND N `-I COD COO VI d' M O O N W Om in M In m di' d N [CO CO a F- X O l0 O• 4i om , c-+ ,I ,i m m ^ m ui 0. (/) 0 Cl 0 c Z [3] Nr-- ce CL Z � c n L.) O v a I-- CL 0 w cc Z J a F to w. Z o w O � - g -1 g Om = v U _y J N D a vi Q Cr f° z u� ® z O a � - zz } o Jg a iy 0 ZZ a o- o � ce � C.) 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LID e o o (13 « e E / / O L WCR 19 WCR 13 WCR 126 $ 96,300.40 $ 102,168.00 $ 113,190.00 $ 14,800.00 $ 17,440.00 $ 20,480.00 $ 60,000.00 $ 29,260.00 $ 30,000.00 $ 3,900.00 $ 3,900.00 $ 3,900.00 $ 27,550.00 $ 24,700.00 $ 9,500.00 $ 5,200.00 $ 5,200.00 $ 4,550.00 $ 2,750.00 $ 2,750.00 $ 2,750.00 $ 800.00 $ 800.00 $ 800.00 $ 6,240.00 $ 6,240.00 $ 6,240.00 $ 14,080.00 $ 14,080.00 $ 14,080.00 $ 15,050.40 $ 13,416.00 $ 17,240.80 $ 2,800.00 $ 1,400.00 $ 1,400.00 $ 250.00 $ 750.00 $ 1,000.00 $ 2,880.00 $ 2,400.00 $ 2,400.00 $ 9,600.00 $ 8,000.00 $ 8,000.00 $ 4,500.00 $ 312.00 $ 1,040.00 $ 1,440.00 $ 2,200.00 $ 2,200.00 $ 212,140.60 $ 181,647.90 $ 211,204.70 $ 151,240.00 $ 134,710.00 $ 109,400.00 $ 346,896.00 $ 321,390.00 $ 405,680.00 $ 413,000.00 $ 366,390.00 $ 520,275.00 $ 2,944.00 $ 640.00 $ 640.00 $ 4,000.00 $ 2,400.00 $ 1,000.00 $ 2,976.00 $ 2,976.00 $ 10,500.00 $ 5,280.00 $ 5,280.00 $ 8,400.00 $ 2,640.00 $ 2,300.00 $ 3,900.00 $ 5,568.00 $ 1,440.00 $ 3,375.00 $ 1,025.00 $ 5,280.00 $ 30,000.00 First Sheet $ 13,200.00 $ 3,808.00 $ 5,200.00 $ 14,520.00 $ 10,976.00 $ 5,200.00 $ 3,700.00 $ 5,250.00 $ 7,800.00 $ 26,400.00 $ 4,080.00 $ 129,534.00 $ 16,720.00 $ 5,568.00 $ 3,125.00 $ 5,900.00 $ 6,000.00 $ 22,500.00 $ 3,264.00 $ 1,800.00 $ 17,100.00 $ 9,384.00 $ 35,000.00 $ 7,000.00 $ 1,296.00 $ 5,440.00 $ 10,000.00 $ 3,420.00 5,440.00 $ 4,500.00 $ 8160.00 $ 4,000.00 $ 125,000.00 $ 43,000.00 $ 3,125.00 $ 6,560.00 $ 22,500.00 $ 6,560.00 $ 17,100.00 $ 9,840.00 $ 7,000.00 $ 115,000.00 $ 10,000.00 $ 3,125.00 $ 22,500.00 $ 17,100.00 $ 7,000.00 $ 10,000.00 Second Sheet $ 1,762,839.40 $ 1,535,716.90 $ 1,750,604.50 Total Total for All Projects $ 5,049,160.80 Force Account- Minor $ 250,000.00 Force Account- Erosion $ 30,000.00 $ 5,329,160.80 1 _ � r M \1co co co N C' kW O O o o O o a) N J to H e- L) crc Z o 0 C 0 W N Q r--- -6 00� w• ~ O Ln o I d4 O UN Coco a o CD N C5 M• E CJ O d' ti 00 a O O N cn Ln M o to H CCL M ce) Lo Z O 2 a p ,D D N r O O LA re O O _ = O 0 ti O (6 tB C W O- O X I i _C (13Ea 0 Z 5 .- WWdLL O U) O o CC W m LA 0 ti Z c a Cr-) Z ti Z H O U V) W > -)O W ce Ct a o O a> O Q M (Ni < ce ce ( Z J U coo O M in U a O a Z a 2 W• Cl- CC W to rcoto I Z O ~ Ln *5 eL oN N U) Z W 0 (4720 N� O O w Lri� U WJ U 7 U Ce W ce J D = p Q J • Z U m rn o W u} � owQ CC Z CO OU FY Y '4%, �� r- DOZN' Q0 � � J 2 Q' � .L1r-- mLL w maJ Z ZU) J U) O LLJ x � di L�O N ' Z > FQ- ZW 0 U w cc a i Jlow Uj WDQZ Z , r J J m �! 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