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Home My WebLink About20141157.tiff �861 MEMORANDUM TO: Esther Gesick, Clerk to the Board DATE: April 17, 2014 G O UN T Y FROM: Clay Kimmi, P.E., CFM, Public Works SUBJECT: Contract for EM-BR9.5-24.5A Flood Repair Project Please place the attached agreement on the BOCC Agenda. Please return a copy of the agreement to me so I can forward to the contractor. The BOCC approved the emergency award of this contract to Flatiron Constructors, LLC on Monday April 14. The contractor has signed the contract and has provided a performance bond, a labor bond, and a certificate of insurance listing Weld County and the State of Colorado as additional insured parties. The BOCC is asked to sign this contract so the flood repair work can be started and completed before spring runoff. I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding this agreement. I or19-FC-Pw Cov\h_kk,S--zl . piagE ocinta) FICbc) ao��F- � is� Page InrI M.Meld County Hood 2013 Version 2\Site Specific Projects'Bridge ProieyAf“: I4 Srk\Phase I Contract Does\EM-0R9 a-21 air aytracMerac to e0CCdon �-�� fa 07 WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY& FLATIRON CONSTRUCTORS LLC PROJECT EM-BR9.5-24.5A THIS AGREEMENT is made and entered into this 14th day of April, 2014, 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 Flatiron Constructors, Inc., [an individual], [a limited liability partnership] [a limited liability company] [a corporation]whose address is10188 E 1-25 Frontage Road, Firestone, CO 80504, 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 (RFB) as set forth in "Bid Package No. B1400086". The RFB contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. WITNESSETH: WHEREAS, PROJECT EM-BR9.5-24.5A 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, bridge, or drainage structures 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 Aqreement: 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 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 "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 Contract 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A and B. In no event shall this Agreement continue beyond one year from County's execution of the Agreement unless the parties specifically agree to a continuation in writing. 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 the amount of $427,404.75, 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 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 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 all 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. Copies of work product incomplete at the time of termination shall be marked "DRAFT-INCOMPLETE." 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 of this 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: 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. Weld County and the State must be named as additional insured on the Commercial General Liability policies(leases and construction contracts require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). 12. 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. • 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, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his designee. 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. 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. 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§§24-10-101 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 1 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 or its designee. 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. 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 §8-17.5-101 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. 31. Special Flood Provisions—FEMA Sites. The successful bidder agrees that it is a"Subgrantee" as that term is used and/or referred to in the Grant Agreement Between the State of Colorado, Department of Public Safety, Division of Homeland Security and Emergency Management and Weld County, Public Assistance FEMA-DR-4145-CO: 14-D4145-011, Routing/CMS Number 63343 ("the State Contract"), approved by the Board of County Commissioners of Weld County on December 16, 2013. The successful bidder shall comply with all requirements of the Subgrantee as stated in the State Contract. The successful bidder also shall comply with the terms, requirements, and conditions as they apply to the"Grantee,"which are set forth in Sections 12 A and C, 13 B and C, and Exhibit A, Exhibit B and Exhibit C of the State Contract. Furthermore, the successful bidder shall assist Weld County in complying with the reporting requirements detailed in Section 8 of the State Contract. S IN WITNESS WHEREOF, he parties hereto have signed this Agreement this"'ff.- day of Apr'; ' , 2014. CONTRACTOR: ,",STU "'',, �.�`pb........ _ . By: Date + 15 Zee �. Name: AULE EJILI-A ro:� ?z- Title: SaN1a� VP >° 5ELAWP..��• WELD COUNTY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ouglas Rade acher, Chair APR 2 1 2014 0.ATTEST: .a G,,i ` .:t�:� ew N t�ILA .� �t tin q Weld County Clerk to the Board 'ti'• 1861 , -' BY: �Uyyy�flj % ik r to --N,/ D uYy C k to the Board 'k C, \ ( i 020/ /157 EXHIBIT A COUNTY'S REQUEST FOR BID BID PACKAGE NO. B1400086 BID REQUEST NO. B1400086 WELD COUNTY DEPARTMENT OF PUBLIC WORKS CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR PROJECT EM-BR9.5-24.5A .. r----c \ ‘ - -......._ .....,......c_c,.....Th 1 1 r, 74 ..' ' C 0 U hi_T 1 ,� March 31, 2014 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 11-13 *Bid Bond 14-15 *IRS Form W-9 16 *Statement of Qualifications and Subcontractors . 17-20 Anti-Collusion Affidavit (CDOT Form#606) N/A Underutilized DBE Bid Conditions Assurances (CDOT Form#714) N/A WELD COUNTY CONTRACT FORMS: *Low Bidder must submit these forms prior to Contract Award. *Notice of Award 21 *Agreement 22-28 *Performance Bond 29-30 *Labor and Materials Payment Bond 31-31 Notice to Proceed 33 Change Order 34 Certificate of Substantial Completion 35 Lien Waiver 36 Final Lien Waiver 37 Notice of Acceptance 38 CDOT REQUIRED CONTRACT FORMS: *Low Bidder must submit these forms to Weld County by 4:30 PM the day following the bid opening. Contractor's Performance Capability Statement(CDOT Form#605) N/A Assignment of Antitrust Claims (CDOT Form#621) N/A Certification of Proposed Underutilized DBE Participation (CDOT Form#715) N/A Underutilized DBE Good Faith Effort Documentation N/A WELD COUNTY PROJECT SPECIAL PROVISIONS: Special Provisions Index 39 Project Special Provisions 40-63 CDOT STANDARD SPECIAL PROVISIONS: Standard Special Provisions Index 39 Standard Special Provisions 64-84 Current Davis Bacon Minimum Wages Decision N/A Required Provisions for Federal-Aid Construction Contracts (Form FHWA-1273) N/A APPENDIX Location Map (Sheet 1) SWMP (Sheet 2) Plan View of Improvements (Sheet 3) Project Details (Sheets 4-11) Seed Mix (Sheet 12) BID NO 61400086 Page 2 ****************** REQUEST NO No. 61400086 ****************** BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES DATE: 03/31/2014 PAGES 3 - 10 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 3-10 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 10. 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Director of General Services (collectively referred to herein as, "Weld County"), wishes to purchase the following: "PROJECT EM-BR9.5-24.5A" The project in general consists of construction of temporary drainage improvements along the St.Vrain Creek at County Road Bridge 9.5 as a result of the flood event that occurred in September 2013. Specific work items include: removal of miscellaneous rock, boulders, grout and debris, import of soil, channel and bank grading, placing flow fill around existing bridge abutments, installation of bedding, riprap, erosion control blanket, driving steel sheet piling, seeding, mobilization, and dewatering and water control for construction of the project. This project is not subject to Federal or State contract requirements. A mandatory pre-bid conference will be held on Friday. April 4 at 10:00 AM, at the Southwest Weld County Service Center. The Public Works Building is located at 4209 CR 24.5 in Longmont. Bidders must participate and record their presence at the pre-bid conference 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, April 10, 2014, 10:00 AM. (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/Purchasingfndex.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: 1. E-mail. E-mailed bids are preferred. Bids may be e-mailed to: mwaltersAco.weld.co.us or reverettco.weld.co.us. 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 BID NO B1400086 Page 3 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 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 BID NO B1400086 Page 4 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 and the State of Colorado 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. Accompanying each bond form shall be"Power of Attorney"authorizing the attorney in fact to fund the 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. BID NO B1400086 Page 5 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 at the time Bids are opened and which are not specified to be obtained by the Owner,shall be included in the Bid price. Royalties: The cost of all royalties and license fees on equipment and materials to be furnished and incorporated in the Work shall be included in the Bid price. Tests and Inspections: Tests, inspections and related activities called for throughout the Bid Documents are a responsibility of the Contractor unless specified otherwise. The Bid prices shall include all costs arising from such responsibility. 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. 1. 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. 2. 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 receives federal or state funds under this Contract, Contractor must confirm that any individual natural BID NO B1400086 Page 6 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. 3. 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 operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above- described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty(30)days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self-insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self-insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self-insured retention to guarantee payment of claims. Contractor/Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. 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 p qLiability 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 and pollution BID NO B1400086 Page 7 liability must provide the following: 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; 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 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. A provider of Professional Services (as defined in the Bid or RFP)shall provide the following coverage: N/A BID NO B1400086 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: PROJECT EM-BR9.5-24.5A 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. 9 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. ( ) BID NO B1400086 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. It is understood by the Bidder how Bids shall be awarded and that 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. 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. BID SCHEUDLE (ANTICIPATED) Bid posting to Rocky Mountain March 31, 2014 Mandatory Pre-Bid Meeting April 04, 2014 Bid Opening April 10, 2014 Presentation to BOCC April 14, 2014 Notice of Award April 14, 2014 Notice to Proceed April 14, 2014 Project Completion May 13, 2014 A mandatory pre-bid conference will be held on Friday, April 4, 2014 at 10:00 am at the Weld County Southwest Service Center,Small Conference Room, located at 4209 CR 24.5,Firestone,CO 80504. There will be an opportunity to visit the site after the pre-bid conference. BID NO B1400086 Page 10 w U a Kre a ¢ J J Q J F p O 0 F S Q S S S S S S S S S S S S S S UV) d a � a a F J Zp M 0 S S S S S S S S S S S S S S S S Z W F F Ce N D W a' O 0 a F z x >- F-- m F Lr) O O 0 0 0 Lo C•! N 0 N m a in r CO CO LO N CO r C- , r O V M n a ~ >. >- > )- >- Q w U LL 0 0 w >- u_ > >- Z 0 0 U 0 0 W J J J < < (() U J U U D o - F U CO c m p a ft '0 c U _ LE W N a Y F- Z F 0 0 CO u? Z o W O Y a Q ai p Z U °_ H m m a W m m F Q Z E Z 0 H m C7 Q o �- W O U O F s Q p o • W F- > K -� 0¢.. U a a CC cc -c N rn a- O 0 • -Jp 0 U H a 0 z w E a > Q z z W a ce W ¢ Y Z N -`o a `� a a a m U ~ W p W H m in H Q O Z to al 2 F Q p CC OF CO OF LL w v CC U OJ K Z O w aF N a m Q to Y F -i W z Z p 0 Z a' W 7 0 J K J Li, o z J - Wa_ OH J CD Oo U LL (n a' p a w aoF 0 2 c 0 o m m a = H 0 o w J wiD O u) Ct win ZE m F -i O W J DC H W = F- N m N m 7x)CtO fa LucaLL H > Cl) w u) u) 2 (O N CO W• O O O O O O O O O O r r O O O O O F Z N N N N N N N N N N N (O V) U) U) (() W a Uy' a a. ¢ o n J J a J 0 H 6 0 C toR S EA ER ER EA S 5 EA ER S S W N p U O O m O. J m O H a z in 7 — (9 ca S co S E» EH (ft S S S S Z N W CO � o 2 _ v y a —0 C Li fo 00 w K 0 a i- T Z = n I.L ti H mz r � r C 'H M N Q M N m o W L H J < LL < co (n Q < C < •52c t0 W J W J J W W I O LL ) C V Z m r N Et H z ;it' z Z 1- QW N Z WH Iwi H z (n E 2 to mOF to H 0 LO 2 U' c < N o N CO o 2 2 o. z0 r w } CO in 8 to v w V U o m w Uye Q E a W Q M W D 0 to z Q Q co Z U p w F (A (A J t O W W >a J Z Z 0 H W m 21- Ow Li. H U o z o in oc z 0 z v w a O 0 O H O in a H U U C7 O m 1 -I CCM Et itO oM Q H N F it U Z K Z _ = u O CO ii_ 0 Ill Z z <CCC 0 z z m Z °r° 2 0H O)) 00 2 00 I- Li- w C) 7 CO O U() CO O O O O 0 W 0 O O O N N N CO M M 1.O O 1— 2 CD (o O O CO CO CO CD CO CO N NOTE: The following are items of work to be completed by Weld County: • Materials Quality Acceptance Testing • Construction Inspection RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings,Specifications and other Contract Documents. Addendum No. Date: By: Addendum No. Date: By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished,installed or constructed. SIGNATURES: Dated this day of , 2014. FIRM NAME: BY: TITLE: BIDDER'S LEGAL SIGNATURE: STATE OF INCORPORATION: ADDRESS: TELEPHONE NO: FAX NO: ATTEST: BID NO B1400086 Page 13 BID BOND PROJECT EM-BR9.5-24.5A 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 PROJECT EM-BR9.5-24.5A 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: By: By: Surety ATTEST: Address By: BID NO B1400086 Page 14 INSTRUCTIONS The full firm name and residence of each individual party to the bond must be inserted in the first paragraph. If the principal is a partnership, the full name of all partners must be inserted in the first paragraph which must recite that they are partners composing the partnership(to be named), and all partners must execute the bond as individuals. party to the bond must be inserted in the firstparagraph and The state of incorporation of each corporate p the bond must be executed under the corporate seal of said party attested by its secretary or other authorized officer. Power of Attorney must accompany this bond when signed by other than an officer of either the principal or surety. A standard printed bond form may be used in lieu of the foregoing form provided that the security stipulations protecting the Owner are not in any way reduced by use of such standard printed bond form. BID NO B1400086 Page 15 l.om W-9 Request for Taxpayer Give Form to the (Rev.August 2013) Identification Number and Certification requester.Do not Deportment of the Treasury send to the IRS. Internal RevenrueSerrre I Name(as shown on your income tax return) Ni Business naneddisrenarded entity name,if different horn above 2-I Cheat appropriate box for federal tax classification: Exemptions(see instructions): i l?1niwuutml/tote:proprieto 1.,i C Corpaatinn n S Corpoatron El Paitner.inp ,�TrustJr�lata &E I Exempt payee rude Of any) O t n I ended liability company.Enter the lax iiassaticatio n(C=C corpoodion,S=S cotpmahrrn,P=partncrsrxp) Exemption horn FATCA reporting ` code(A any) ' UOther(see instructions)► le I Address(number,street,and apt.or suite no.) Requester's name and address(optional) S. a m s, @ City,state,and ZIP nod Wi 11 set account numbu(s)here(optional) Part 1 Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on the"Name"line I Social security number to avoid backup withholding.For individuals,this is your social security number(SSN).However,for a I resident alien,sole proprietor,or disregarded entity,see the Part I Instructions on page 3.For other II — entities,it is your employer identification number(EIN).If you do not have a number,see I-low to get a I I I TIN on page 3. Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose I Employer rdenbecatlon number 1 number to enter. I.. Part 11 Certification Under penalties of perjury,I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and 2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding,and 3. I am a U.S.citizen or other U.S.person(defined below),and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above it you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions on page 3. Sign g t Signature of Here I U.S.persona- Date la General Instructions withholding tax on foreign partings'shale of effectively connected income,and 4.Certify that FATCA codes)entered on this form(f any)indicating that you ate Section curetencec are to the.Internal nevenue Code units:utheiw{se noted. exempt from the FAICA reportng.is correct. Future developments.fill:IRS has created a page can t4S.gnv to information Note.If you ate a U.S.person and a requester gives you a form other than Fermi about Form W-9,at wso',ats.g,w/re9.Information about any future developments W 0 to request your TIN,you must use the requester's fain it it is substantially affecting Form W-9(stmt as legislation enacted after we release il)will be posted similar to this Form W-9. on that page. Definition of a US.person.For federal tax purposes,you are considered a U.S. Purpose of Form person it you aro: •An individual who is a II.S.nlizen or U.S.ix:.lxlent alien, A person who is requited to tyour an information return with the IRS must obtain yo correct taxpayer identification number(I IN)to report,for example,income paid to •A partnership.corporation.company,or association created or crganired in the you,payments made to you in settlement o1 payment card and third party network United States or under the laws of the tinted Staab_:, transactions,real estate transactions,mortgage Interest you paid,acgiositnon or •An estate(other than a foreign estate),or abandonment of secured property,cancellation of debt,or contributions you made •A domestic hied(as defined in R l4 egulAtla tP.r:tl(x13()f.7701-7). to an IRA. Use}am W ti only it you are a U.S.person(including a resident open),to Special rules for partnerships.Partnerships Ural conduct a trade or business in provide your correct IN to the person requesting R(the requester)and,when the Ihided Stales ate generally requited to pay a withholding lax unAel section applicable,to: 1446 on any foreign partners'share of effectively connecled taxable income from such business.Further,in certain cases where r Form W-9 has not been received, 1.Certify that the I IN you are giving is rmrrnia(or you ale wading to a number the rules under section 1446 require a partnership to presume that a partner is at to be issued). foreign person,and pay the section 1445 withholding lox.Therefore,if you ate a 2.Cehty that you aro not subject to backup withholding,or U.S.person that is a perkier in a putt nership conducting a trade or bufiiness in the 3.Claim exemption bum backup withholding if you are a U.S.exempt payee.if United States,provide Form W.0 to the partnership to establish your U.S.status applicable,you are also certifying that as a U.S.person,your allocable share nl amt ovoid suction 1446 withholding on you share of partnership income. any pnrtnerrJiip income from a U.S.trade cur business a riot silbtect to the Cat.No.10231X Form W-9(Rev.8-2013) BID NO B1400086 Page 16 STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable, responsible and qualified bidder as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. 1. Name of Bidder (Company or Firm): 2. Permanent main office address: Phone Number Fax Number: 3. Year Company was organized: 4. Number of years this Company has been engaged similar construction: Under what firm, company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work? 5. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: 6. List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. 7. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. BID NO B1400086 Page 17 9. List all contracts within the last 3 years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. 10. Has any owner, as party to any of the Company's contracts within the last 3 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project,etc.,or attempted to have the performance bond invoked? If yes, explain in detail. 11. Describe all contracts that the Company failed to complete. 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. 13. List all or a maximum of three(3)of the most recent 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 3t;;,• the present time. List the project name, location, project superintendent, owner's representative and phone number, date completed and contract amount for each project. Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: BID NO B1400086 Page 18 Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: 14. List all of the subcontractors the Company intends to use under this contract,the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING,A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15% OR MORE OF THE WORK. SUBCONTRACTOR WORK DESCRIPTION % OF WORK 15. List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc. YRS. PERTINENT NAME TITLE EXPERIENCE • 16. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. BID NO B1400086 Page 19 The undersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this day of , 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 BID NO 81400086 Page 20 NOTICE OF AWARD PROJECT EM-BR9.5-24.5A To: Flatiron Constructors, Inc 10188 E 1-25 Frontage Road Firestone, CO 80504 Project Description: The project in general consists of construction of temporary drainage improvements along the St.Vrain Creek at County Road Bridge 9.5/24.5A and a grade control structure as a result of the flood event that occurred in September 2013. Specific work items include: removal of miscellaneous rock, boulders,grout and debris, import of soil,channel and bank grading, placing flow fill around existing bridge abutments,installation of bedding, riprap,erosion control blanket,driving steel sheet piling, seeding, mobilization, and dewatering and water control for construction of the project.This project is not subject to Federal or State contract requirements. The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of$ 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 , 2014 Weld County, Colorado, Owner By Clay Kimmi, P.E., Project Manager ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this day of , 2014 By: Title: BID NO 81400086 Page 21 WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & (SAMPLE) PROJECT EM-BR9.5-24.5A THIS AGREEMENT is made and entered into this day of ,2014,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 (RFB) as set forth in "Bid Package No. B1400086". The RFB contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. WITNESSETH: WHEREAS,PROJECT EM-BR9.5-24.5A 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, bridge, or drainage structures 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 A and B may result in County's decision to withhold payment. BID NO B1400086 Page 22 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 "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. Contract 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County,and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A and B.In no event shall this Agreement continue beyond one year from County's execution of the Agreement unless the parties specifically agree to a continuation in writing. 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 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 applicable employment taxes and income taxes and local head taxes(if applicable)incurred pursuant to this Agreement. BID NO B1400086 Page 23 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 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 all 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. Copies of work product incomplete at the time of termination shall be marked "DRAFT-INCOMPLETE." 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 of this 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: BID NO B1400086 Page 24 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, c,- 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. Weld County and the State must be named as additional insured on the Commercial General Liability policies (leases and construction contracts require additional insured coverage for completed operations on endorsements CG 201011/85,CG 2037,or equivalent). 12. 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 BID NO B1400086 Page 25 or denied at the sole and absolute discretion of County. 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, all necessary and proper decisions with reference to the project. All requests for contract interpretations,change orders,and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as,Director of Weld County Department of Public Works, or his designee. 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/Modifl &ikrr i s. 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. 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. BID NO B1400086 Page 26 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 finding 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§§24-10-101 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 or its designee. 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. wcat 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 BID NO B1400086 Page 27 Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 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. 31. Special Flood Provisions — FEMA Sites. The successful bidder agrees that it is a "Subgrantee"as that term is used and/or referred to in the Grant Agreement Between the State of Colorado, Department of Public Safety, Division of Homeland Security and Emergency Management and Weld County,Public Assistance FEMA-DR-4145-CO: 14-D4145-011,Routing/CMS Number 63343 ("the State Contract"), approved by the Board of County Commissioners of Weld County on December 16,2013. The successful bidder shall comply with all requirements of the Subgrantee as stated in the State Contract. The successful bidder also shall comply with the terms, requirements, and conditions as they apply to the "Grantee,"which are set forth in Sections 12 A and C, 13 B and C, and Exhibit A,Exhibit B and Exhibit C of the State Contract. Furthermore, the successful bidder shall assist Weld County in complying with the reporting requirements detailed in Section 8 of the State Contract. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of , 2014. ,o CONTRACTOR: By: Date • Name: Title: WELD COUNTY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Douglas Rademacher, Chair BID NO 61400086 Page 28 Weld County Clerk to the Board BY: Deputy Clerk to the Board PERFORMANCE BOND PROJECT EM-BR9.5-24.5A KNOW ALL MEN BY THE PRESENTS; that (Name of Contractor) (Address of Contractor) , hereinafter called Contractor, and a (Corporation, Partnership, or Individual) (Name of Surety) (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) P.O. Box 758. 1111 H Street, Greeley, Colorado 80632 d•: (Address of Owner) hereinafter called Owner, in the penal sum of Dollars, ($ ), in lawful money of the United States of America,for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of , 2014, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT EM-BR9.5-24.5A described in the Invitation for Bids, Bid No. B1400086 NOW THEREFORE, if the Contractor shall well,truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in force and effect. BID NO B1400086 Page 29 PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. (A. BID NO B1400086 Page 30 PERFORMANCE BOND PROJECT EM-BR9.5-24.5A IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of , 2014. Contractor By (Contractor) Secretary (SEAL) (Witness as to Contractor) (Address) (Address) ATTEST: (Surety) Secretary (SEAL) By Witness as to Surety Attorney-in-Fact (Address) (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID NO B1400086 Page 31 LABOR & MATERIALS PAYMENT BOND PROJECT EM-BR9.5-24.5A KNOW ALL MEN BY THE PRESENTS; that (Name of Contractor) (Address of Contractor) , hereinafter called Contractor, and a (Corporation, Partnership, or Individual) (Name of Surety) (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of Dollars ($ ), in lawful money of the United States of America,for the payment of which sum well and truly to be made,we bind ourselves, successors and assigns,jointly and severally firmly by these presents. ,' • 'THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of , 2014, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT EM-BR9.5-24.5A described in the Invitation for Bids, Bid No. B1400086. NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract,and any authorized extension or modification thereof, including all amounts due for materials,lubricants,oil,gasoline,repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void,; otherwise to remain in full force and effect. PROVIDED, FURTHER,that the said Surety for value received hereby stipulates and agrees that no change,extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond,and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. BID NO B1400086 Page 32 LABOR & MATERIALS PAYMENT BOND PROJECT EM-BR9.5-24.5A IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of , 2014. Contractor By (Contractor) Secretary (SEAL) (Witness as to Contractor) (Address) • (Address) ATTEST: (Surety) Secretary (SEAL) By Witness as to Surety Attorney-in-Fact (Address) (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID NO B1400086 Page 33 NOTICE TO PROCEED PROJECT EM-BRJ.5-24.5A To: Date: Name of Project: PROJECT EM-BR9.5-24.5A described in the Invitation for Bids, Bid No. B1400066. 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 Clay Kimmi, P.E., Project Manger ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: (Contractor) Dated this day of , 2014. By Title BID NO B1400086 Page 34 CHANGE ORDER NO. (EXAMPLE) PROJECT EM-BR9.5-24.5A Date: Project: PROJECT EM-BR9.5-24.5A described in the Bid No. B1400086 Owner: Weld County, Colorado Contractor: The following change is hereby made to the Contract Documents: CHANGE TO CONTRACT PRICE: Original Contract Price: Current Contract Price adjusted by previous Change Order: The Contract Price due to this Change Order will be increased by: The new Contract Price; including this Change Order, will be: CHANGE TO CONTRACT TIME: The Contract Time will be increased by calendar days. The date for completion of all Work will be RECOMMENDED: Owner Representative: Date: Clay Kimmi, P.E. (Project Manager) Engineer: Date: APPROVALS: Contractor: Date: Owner: Date: BID NO B1400086 Page 35 _ CERTIFICATE OF SUBSTANTIAL COMPLETION PROJECT EM-BR9.5-24.5A Owner's Project No: B1400086 Engineer's Project No: 14-003-WEL-352-1 Project: PROJECT EM-BR9.5-24.5A described in the Bid No. B1400086 Contractor: Contract For: PROJECT EM-BR9.5-24.5A 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, FIhe;^ems in the list shall be completed or corrected by the Contractor within 7 days of the above air; of Substantial Completion. To be effective, this form must be signed by the Owner, the Engineer, and the Contractor. Owner: Date: Engineer: Date: Contractor: Date: BID NO B1400086 Page 36 LIEN WAIVER (GENERAL CONTRACTOR) PROJECT EM-BR9.5-24.5A TO: Weld County Public Works Attn: Clay Kimmi, P.E., Project Manager P.O. Box 758 Greeley, Colorado 80632 Gentlemen: For a valuable consideration paid by the Board of County Commissioners of Weld County,the receipt and sufficiency of which is hereby acknowledged, the undersigned hereby, releases unto Weld County and to its heirs, executors, administrators or assigns, all rights of the undersigned to claim a mechanic's lien for material heretofore furnished for use in and for labor heretofore performed upon the construction, alteration, addition to or repair of the structures or improvements described in the Contract Documents as: Project: PROJECT EM-BR9.5-24.5A described in the Bid No. B1400086 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: STATE OF ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 2014, by My commission expires: Notary Public BID NO B1400086 Page 37 FINAL LIEN WAIVER (SUBCONTRACTORS) PROJECT EM-BR9.5-24.5A 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. _ (SF L) _ nt:, • (Name of sole ownership, corporation or partnershiM (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. BID NO B1400086 Page 38 NOTICE OF ACCEPTANCE PROJECT EM-BR9.5-24.5A TO: Date: RE: PROJECT EM-BR9.5-24.5A described in the Bid No. B1400086 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: Clay Kimmi, P.E., Project Manager ACCEPTANCE OF NOTICE (r Receipt of the above Notice to Proceed is hereby acknowledged by: (Contractor) Dated this day of , 2014. By Title BID NO 81400086 Page 39 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 Notice to Bidders (March, 2014) 40 Commencement and Completion of Work (March, 2014) 41 Revision of Section 101 — Definition of Terms (March, 2014) 42 Revision of Section 104—Scope of Work (March, 2014) 43 Revision of Section 105—Claims for Contract Adjustment (March, 2014) 44 Revision of Section 107—Legal Relations and Public Responsibility (March, 2014) 45 Revision of Section 109—Measurement and Payment (March, 2014) 46 Revision of Section 202— Removal of Structures and Obstructions (March, 2014) 47 Revision of Section 203—Excavation and Embankment (March, 2014) 48 Revision of Section 206—Structure Backfill (Flow Fill) (March, 2014) 49 Revision of Section 208—Erosion Control (March, 2014) 50 Revision of Section 213—Mulching (March, 2014) 51 Revision of Section 501 —Steel Sheet Piling (March, 2014) 52 Revision of Section 506—Riprap (March, 2014) 54 Revision of Section 630—Construction Zone Traffic Control (March, 2014) 58 Section 650—Water Control and Dewatering (March, 2014) 59 Force Account Items (March, 2014) 62 Utilities Coordination (March, 2014) 63 CDOT STANDARD SPECIAL PROVISIONS INDEX Date Pe Revision of Section 108— Liquidated Damages (May 2, 2103) 64 Revision of Section 108—Subletting of Contract (January 21, 2013) 65 isahlp 0'D6it:vvision of Section 109—Compensation for (May 5, 2011) 66 Revision of Section 109—Measurement of Quantities (February 3, 2011) 67 Revision of Section 203—Imported Material for Embankment (Feb. 3, 2011) 68 Revision of Section 203, 206,304, And 613- Compaction (July 19, 2012) 70 Revision of Section 206—Structure Backfill (How Fill) (April 26, 2012) 72 Revision of Section 208—Erosion Log (Jan. 31, 2013) 74 Revision of Section 212—Seed (April 26, 2012) 75 Revision of Section 213-Mulching (Jan. 31, 2013) 76 Revision of Section 630—Signs and Barricades (Jan. 31, 2013) 80 Revision of Section 630—Construction Zone Traffic Control (February 17, 2012) 81 Revision of Section 630—Retroreflective Sheeting (Jan. 24, 2014) 82 APPENDIX Location Map(Sheet 1) SWMP (Sheet 2) Plan View of Improvements (Sheet 3) Project Details(Sheets 4-11) Seed Mix(Sheet 12) BID NO B1400086 Page 40 Weld County Post Flood Emergency Repair March 1, 2014 Project No. EM-BR9.5-24.5A and Grade Control Structure NOTICE TO BIDDERS The proposal guaranty shall be a certified check, cashier's check, or bid bond in the amount of 5 percent (5%) of the Contractor's total bid. Pursuant to subsections 102.04 and 102.05, it is recommended that bidders on this project review the work site and plan details. Information regarding the project may be obtained from the following authorized representatives. Clay Kimmi, P.E. Project Manager Wayne Howard, P.E. County Engineer Weld County Public Works Department Weld County Public Works Department 1111 H Street 1111 H Street Greeley, CO 80632 Greeley, CO 80632 Office Phone: 970-304-6496, ext. 3741 Office Phone: 970-304-6496, ext. 3788 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. pt,„ BID NO B1400086 Page 41 Weld County Post Flood Emergency Repair March 31, 2014 Project No. EM-BR9.5-24.5A and Grade Control Structure COMMENCEMENT AND COMPLETION OF WORK The Contractor shall commence work under the Contract on or before the 201h day following the date of contract award unless such time for beginning the work is changed by the County in the"Notice to Proceed". The Contractor shall complete all work within 30 calendar days in accordance with the "Notice to Proceed." Salient features to be shown on the Contractor's Progress Schedule are: 1.) Mobilization and Water Control. 2.) Sheet pile installation. 3.) Import soil, grading and earthwork. 4.) Riprap work 5.) Seeding and mulching 6.) Projects substantial completion date. Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.03 shall include the following: The Contractor's progress schedule may be a Bar Chart Schedule, and shall be updated weekly. Failure to submit a reasonable schedule as required may result in the County withholding payment to the Contractor. BID NO B1400086 Page 42 Weld County Post Flood Emergency Repair March 31,2014 Project No. EM-BR9.5-24.5A and Grade Control Structure 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. Section 101 of the Standard Specifications is hereby revised for this project as follows: Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have different meanings within the scope of this Contract. A summary of redefinitions follows: Subsection 101.28: "Department" shall mean the Weld County Public Works Department. Subsection 101.29: "Chief Engineer" shall mean the Weld County Public Works Director or designated representative. Subsection 101.37: "Inspector" shall mean an employee designated as such by the Weld County Public Works Department. Subsection 101.58: "Region Transportation Director" shall mean Weld County Public Works Director or designated representative. Subsection 101.76: "State" shall mean Weld County. BID NO B1400086 Page 43 Weld County Post Flood Emergency Repair March 31, 2014 Project No. EM-BR9.5-24.5A and Grade Control Structure REVISION OF SECTION 104 SCOPE OF WORK Section 104 of the Standard Specifications is hereby revised for this project as follows: Subsection 104.03 shall be revised to include the following: Any groundwater pumping activities or rerouting of the Saint Wain River to facilitate construction must be prior approved by the Construction Engineer or Inspector. Construction of a temporary access road into the work areas, and removal of the access road after construction is completed, shall be included in the Mobilization bid item. Subsection 104.06 shall be revised to include the following: Any excess soil materials generated from excavation shall be hauled out of the river channel and disposed of away from the site. Backfill areas in the river channel shall be graded such that the final grades are similar to the final grades as described in the Contract Drawings, unless otherwise directed by the Engineer. The Contractor shall be responsible for removing all construction debris and trash from the river channel on a • daily basis. Any construction debris and trash which may be washed away downstream shall be located, removed, and disposed of away from the site at a certified landfill location. Tickets shall be provided to the Engineer. Any petroleum products accidentally spilled or leaked within the river channel shall be cleaned up and disposed of immediately. The Contractor shall be held liable for any damages resulting from the spillage or leakage of any hazardous materials within the river channel. SEEMOVIZENalSIMIIMMIIP BID NO B1400086 Page 44 Weld County Post Flood Emergency Repair March 31, 2014 Project No. EM-BR9.5-24.5A and Grade Control Structure REVISION OF SECTION 105 CLAIMS FOR CONTRACT ADJUSTMENT Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.21 shall be revised as follows: The Colorado Department of Transportation (CDOT) will not participate in the resolution process for any claims filed by the Contractor. Weld County will be the responsible party to such claims. BID NO B1400086 Page 45 Weld County Post Flood Emergency Repair March 31, 2014 Project No. EM-BR9.5-24.5A and Grade Control Structure REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC Section 107 of the Standard Specifications is hereby revised for the project as follows: Subsection 107.06 shall be revised to include the following: The Contractor and any subcontractor shall not require any laborer or mechanic employed in performance of the Contract to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety, as determined under construction safety and health standards (Rules and Regulations of the Federal Occupational Safety and Health Act of 1970 (OSHA) and as amended). All facilities and work conditions shall comply with the Colorado and Local Health Department Regulations and with OSHA requirements. Subsection 107.17— Delete the third paragraph beginning with "Loss, injury, or damage to the work..." and replace with the following: Loss, injury, or damage to the work due to unforeseeable causes beyond the control of and without fault or negligence of the Contractor, including buy not restricted to acts of God, such as flood, earthquake, tornado, or other cataclysmic phenomenon or nature shall be restored by the Contractor at no cost to the County. Subsection 107.17 shall be revised to include the following: The Contractor shall assess and understand the risk of working within a waterway. Such risks include but are not limited to: floods, high groundwater, and fluctuation in flows. The Contractor shall be responsible for constructing and maintaining all temporary facilities within the waterway such as cofferdams and diversion of channel flows. Such work shall be paid under"Water Control and Dewatering". Subsection 107.18 shall be revised to include the following: r•arne .,For this project the insurance certificataz c I m Weld County (Weld) and the State of Colorado to additionally insured parties. Subsection 107.19 shall be revised to include the following: The Contractor shall be required to obtain parinission to conduct any work, store materials or stockpiles, or park any construction equipment or vehicles on private property. The Contractor shall conduct their work within the right-of-way and easement boundaries shown on the Contract Drawings. Subsection 107.25—The Contractors attention is directed to this subsection. The requirements as called out in this subsection will be strictly enforced. BID NO B1400086 Page 46 Weld County Post Flood Emergency Repair March 31, 2014 Project No. EM-BR9.5-24.5A and Grade Control Structure 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 original contract amount. Subsection 109.07 — Payment for Materials on Hand (Stockpiled Material). Delete and replace with the following: Partial monthly payments to the Contractor for completed work will include payment only for materials actually incorporated in the work unless otherwise approved by the Engineer. f r BID NO B1400086 Page 47 Weld County Post Flood Emergency Repair March 31,2014 Project No. EM-BR9.5-24.5A and Grade Control Structure REVISION OF SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS Section 202 of the Standard Specifications is hereby revised for the project as follows: In subsection 202.01, add the following: This work also includes removing existing rock, boulders, and grout, as shown on the plans or at locations directed by the Project Engineer. BID NO B1400086 Page 48 Weld County Post Flood Emergency Repair March 31, 2014 Project No. EM-BR9.5-24.5A and Grade Control Structure REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Section 203 of the Standard Specifications is hereby revised for this project as follows: In subsection 203.13, add the following: (f.) The method of measurement for Unclassified Excavation (Complete in Place) and Embankment Material (Complete in Place) specified in the Contract will be measured by the cubic yard and based plan quantity, unless changes to the Plans are directed and approved by the Project Engineer. BID NO B1400086 Page 49 Weld County Post Flood Emergency Repair March 31, 2014 Project No. EM-BR9.5-24.5A and Grade Control Structure REVISION OF SECTION 206 STRUCTURE BACKFILL (FLOW-FILL) Section 206 of the Standard Specifications is hereby revised for this project as follows: In subsection 206.06, add the following: The method of measurement for Lean Concrete Flow-Fill to be placed at the direction of the Project Engineer shall be the actual amount of cubic yards of material placed and accepted based on the batch tickets and provided to the Project Engineer. BID NO B1400086 Page 50 Weld County Post Flood Emergency Repair March 3I,2014 Project No. EM-BR9.5-24.5A and Grade Control Structure REVISION OF SECTION 208 EROSION CONTROL Section 208 of the Standard Specifications is hereby revised for this project as follows: Subsection 208.01 —Add the following language to this paragraph: This project will disturb more than one acre of ground and therefore the Contractor shall obtain a Colorado Stormwater Discharge Permit. Since pumping water is required during the construction, the Contractor will be required to obtain a Construction Dewatering Permit from the State. All costs associated with obtaining this permit shall be considered to be subsidiary to the Mobilization bid item. BID NO B1400086 Page 51 Weld County Post Flood Emergency Repair March 31, 2014 Project No. EM-BR9.5-24.5A and Grade Control Structure REVISION OF SECTION 213 MULCHING Section 213 of the Standard Specifications is hereby revised for this project as follows: In subsection 213.04, Delete the second paragraph and replace with the following: The quantity of tackifier will not be measured separately, but will be included in the measurement for hydromulch In subsection 213.05, Add the following: Payment will be made under: Pay Item Pay Unit Mulching (Hydromulch With Tackifier) CY BID NO B1400086 Page 52 Weld County Post Flood Emergency Repair March 31, 2014 Project No. EM-BR9.5-24.5A and Grade Control Structure REVISION OF SECTION 501 STEEL SHEET PILING Section 501 of the Standard Specifications is hereby revised for this project as follows: In subsection 501.02, add the following: Steel sheet piling (PZ-27) shall meet the requirements of ASTM A328, Grade 50. Steel sheet piling (PZ-27) shall be hot rolled. Delete subsection 501.04, and replace with the following: A. Sheet piling installer must have successful past installations of sheet piling of comparable overall heights and sections and comparable penetration into soils similar to those found on the Project. B. Do not begin sheet pile installation until the earthwork in the area where the piles are to be driven has been completed to the extent that the grade elevation is at no more than 36 inches above or below the top of the piling elevation as indicated on the DRAWINGS or as approved by the Project Engineer. C. Steel sheet piling shall be assembled before driving and then driven as a continuous wall, progressively in stages to keep the piles aligned correctly and minimize the danger of breaking the interlock between the sheets. The piling shall be driven within the following tolerances: Alignment - sheet pile shall be driven to form a relatively straight line between the termini points shown on the DRAWINGS. Horizontal deviation of any point from a straight line connecting the two ends of the wall section shall be a maximum of 6 inches. ;),I, Plumbness - each iuidividuarenac1 pile section shall be driven vertical, within a horizontal tolerance of 2 percent of any vertical length measured along the pile. Elevation - tops of sheet pile sections shall be within a tolerance of 1 inch from plan elevations. The CONTRACTOR will not be paid for excess sheet pile trimmed off the end of the pile to meet final grade. D. Steel Z piling shall be driven with the ball-end leading. Proper care and planning shall be used to allow for this construction procedure in both immediate and possible future walls. E. Alternate Z piles must be reversed end for end for proper interlocking in the"normal"position. Piles shall also be aligned properly to maintain a "normal" driving width. F. For sheet piles being driven into bedrock, an approved hammer utilizing a minimum hammer energy of 19,000 foot-pounds per square inch of steel section shall be used to obtain the required depth or virtual refusal. The CONTRCTOR shall submit verification from the manufacturer that the hammer can deliver the required energy. The hammer shall be clearly marked so that it can be identified at the job site. BID NO B1400086 Page 53 G. Steel sheet piling shall be driven to the depths shown on the DRAWINGS or to virtual refusal. Virtual refusal is defined as 10 blows per inch with an approved pile hammer. A pile hammer shall be used to determine virtual refusal. The hammer shall be operating at the manufacturer's recommended stroke and speed when virtual refusal is measured. Pre-drilling may be required due to the nature of the material. H. Care shall be taken during driving to keep from causing deformations of the top of the piles, splitting of section, or breaking of the interlock between sections. Care shall also be taken during driving to prevent and correct any tendency of steel sheet piles to twist or get out of plumb. Steel sheet piling shall be driven to form a tight bulkhead. A driving head shall be used and any piling which is damaged in driving or which has broken interlocks between sections shall be pulled and replaced at the CONTRACTOR's expense. Steel sheet pile that is full length as shown on the DRAWINGS and is required to be driven below the specified cutoff elevation shall be spliced with additional steel sheet piling with a full penetration butt weld. Splice locations, if necessary, must be reviewed and accepted by the ENGINEER prior to installation. Only one splice shall be allowed per pile. J. The CONTRACTOR shall brace and/or provide soil grading as necessary during construction operations in order to provide lateral stability for the sheet pile wall. The sheet.pile wall has been designed for the soilsgrades of the final configuration denoted on the DRAWINGS only. g 9 Other temporary configurations during the construction period will not be allowed. Any fill along the alignment of the sheet pile must be in place to sub-grade elevations and compacted prior to driving the sheet pile. Fill material (except riprap, boulders, bedding and grout) is not to be placed around the sheet pile after the sheet pile is in place. K. All welding or gas cutting shall be in accordance with the current standards of the American Welding Society. Delete subsection 501.05, and replace with the following: Sheet piling will be measured by the square foot, complete in place and accepted, from the tip to the cut-off elevation including all splices and pre-drilling as required. BID NO B1400086 Page 54 Weld County Post Flood Emergency Repair March 31, 2014 Project No. EM-BR9.5-24.5A and Grade Control Structure REVISION OF SECTION 606 RIPRAP Section 506 of the Standard Specifications is hereby revised for this project as follows: In subsection 506.02, add the following: BOULDERS Boulders used shall be the type designated on the DRAWINGS and shall conform to the following: Maximum Ratio Range in Smallest of Largest to Dimension of Smallest Rock Individual Rock Dimension of Boulder Nominal Size Boulders !Individual Classification (inches) (inches) Boulders B18 18 17 - 20 1.50 B24 24 22-26 1.50 B30 30 28 - 32 1.50 B36 36 34- 38 1.50 B42 • 42 40-44 1.50 B48 48 45 - 51 1.50 :h ,n • • The specific gravity of the boulders +a i be two and one-half(2.5) or greater. Boulder specific gravity shall be according to the bulk-saturated, surface-dry basis. in accordance with AASHTO T85. The bulk density for the boulder shall be 1.3 ton/cy or greater. The boulders shall have a percentage loss of not more than forty percent (40%) after five hundred (500) revolutions when tested in accordance with AASHTO T96. The boulders shall have a percentage loss of not more than ten percent (10%) after five (5) cycles when tested in accordance with AASHTO T104 for ledge rock using sodium sulfate. The boulders shall have a percentage loss of not more than ten percent (10%) after twelve (12) cycles of freezing and thawing when tested in accordance with AASHTO T103 for ledge rock, procedure A. Rock shall be free of calcite intrusions. BID NO 81400086 Page 55 The color of the boulders shall be gray with gray/blue hues or other acceptable colors approved by ENGINEER prior to delivery to the PROJECT site. Color shall be consistent on the entire PROJECT and shall match the color of rock to be used for all other portions of the WORK. SO]E RPRAP Rock requirements are to comply with riprap as specified in Article Materials. The soil material shall be native or topsoil and mixed with sixty-five percent (65%) riprap and thirty five percent (35%) soil by volume. Soil riprap shall consist of a uniform mixture of soil and riprap without voids. BEDDING Gradation for Granular Bedding: •— Percent by Weight Passing Square-Mesh Sieves U.S. Standard Type I Type H Sieve Size (COOT Sect. 703.O1Z (CDOT Sect. 703.09 Chess A) 3 inches - 90 - 100 1% inches - - '/a inch - 20-90 % inch 100 - No.4 95 - 100 0-20 No. 16 45 - 80 - No. 50 10-30 - No. 100 2- 10 No. 200 0 - 2 0- 3 of bec tr nular becding•designation eiri6 tcrtttVlk.'ti;;,;3,:-:N f-)':bidding shall be as shown on the DRAW'; !C . Granular bedding shall meet the same requirements for specific gravity, absorption, abrasion, sodium"sulfate soundness, calcite intrusion, and freeze-thaw durability as required for riprap. Broken concrete asphalt pavement or sledge, shall not be acceptable for use in the WORK. Rounded river rock is not acceptable unless specifically designated on the DRAWINGS. The requirements for the wear test in AASHTO T96 shall not apply. FEATURE BOULDERS Feature Boulders shall consist of the same material as boulders; differing only by size. Feature Boulders shall meet the same requirements for specific gravity, absorption, abrasion, sodium sulfate soundness, calcite intrusion, and freeze-thaw durability as required for boulders. Feature Boulders shall have a minimum dimension of four (4) feet, or as shown on the DRAWINGS. BID NO B1400086 Page 56 In subsection 506.03, add the following: SOIL REPLACEMENT OVER RIPRAP 1. Where riprap is designated to be buried, place onsite excavated material that is free from trash and organic matter in riprap voids by washing and rodding. 2. Prevent excessive washing of material into stream. 3. When voids are filled and the surface accepted by ENGINEER, place a nominal four (4) inches of topsoil over the area, or as designated on the DRAWINGS. 4. Fine grade, seed, and mulch per the SPECIFICATIONS. BOULDERS 1. Following excavation and acceptance of subgrade by ENGINEER Boulder placement shall commence as follows: a. Boulders shall be placed on the prepared subgrade in a manner which will minimize voids. b. Voids between boulders exceeding 4" shall be chinked. SOIL RIPRAP 1. Adjacent stockpiles of riprap and soil shall be created and mixing done at the stockpile location, not at the location where soil riprap is to be placed. 2. Mix thirty-five percent (35%) soil by volume with stockpiled riprap, using additional moisture and control procedures that ensure a homogenous mixture; where the soil fills the inherent voids in the riprap without displacing riprap. 3. With prior approval of ENGINEER, layering the riprap and soil instead of premixing may be allowed if the native soil is granular. 4. Place a first layer of smaller soil riprap of approximate d50 thickness. Then place the top layer with surface rocks that are largely d50 or greater, filling voids as necessary with smaller planted riprap. Create a smooth plane along the surface of the soil riprap. 5. The mixture shall be consolidated by large vibratory equipment or backhoe bucket to create a tight, dense interlocking mass. 6. The soil shall be further wetted to encourage void filling with soil. 7. Any large voids shall be filled with rock and small voids filled with soil. 8. Excessively thick zones of soil prone to washing away shall not be created (for example, no thicknesses greater than six (6) inches). III be cc er 9. For buried soil rip-en.,fl ter) Liu-fee/1 5n coveredwithjfogr (4. iq f1es,of,topwi(syglj iwtnn Gis rock points are protruding. 10. The final surface shall be thoroughly wetted for good compaction, smoothed and compacted by vibrating equipment; the surface shall then be hand raked to receive planting or seeding. FEATURE BOULDERS 1. Feature Boulders serve an aesthetic function and as such shall be placed and rotated into final position as directed by ENGINEER in order to achieve the desired result. GROUT FOR GROUTED RIPRAP: Concrete for the grout shall be an approved batch meeting the following requirements: 1. All grout shall have a minimum 28-day compressive strength equal to 3,200 psi. 2. One cubic yard of grout shall contain a minimum of six (6) sacks of Type II Portland cement. 3. A maximum of 25% Type F Fly Ash may be substituted for the Portland cement. 4. Aggregate for the grout shall consist of 70% natural sand (fines) and 30% 3/8-inch rock (coarse). 5. Slump shall be four (4) inches to six (6) inches. BID NO B1400086 Page 57 6. Air entrainment shall be 5.5% - 7.5%. 7. Grout shall contain one and one-half (1 1/2) pounds of Fibermesh, or approved equivalent, per cubic yard of grout. Delete subsection 506.04, and replace with the following: Riprap of the size and method installed specified in the Contract will be measured by the cubic yard or lineal foot and based plan quantity unless changes are directed and approved by the Project Engineer. Delete subsection 506.05, and replace with the following: Payment will be made at the contract unit price per cubic yard or lineal foot of the size and method installed and accepted. Payment will be based on plan quantity unless changes are directed and approved by the Project Engineer. Payment will be made under Pay Item Pay Unit 12"-18"Riprap (Salvaged) at Bridge Abutment CY 12" Grouted Riprap Along Drop Crest LF 18" Soil Riprap CY 18" Riprap to Fill in Void Areas CY . &p •na lop suf:ace s BID NO B1400086 Page 58 Weld County Post Flood Emergency Repair March 31,2014 Project No. EM-BR9.5-24.5A and Grade Control Structure REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL The key elements of the Contractor's method of handling traffic (MHT) are outlined in subsection 630.09. The components of the Traffic Control Plan for this project are included in the following: (1) Subsection 104.04 and Section 630 of the specifications. (2) Revised Standard Plans S-630-1 and S-630-2 Traffic Controls for Highway Construction. (3) Traffic Control Layout and Quantities Estimate as shown in the Contract Drawings. BID NO B1400086 Page 59 Weld County Post Flood Emergency Repair March 31, 2014 Project No. EM-BR9.5-24.5A and Grade Control Structure SECTION 650 WATER CONTROL AND DEWATERING DESCRIPTION 650.01 The WORK of this section consists of controlling groundwater, site drainage, and storm flows during construction. CONTRACTOR is cautioned that the WORK involves construction in and around drainage channels, local rivers, and areas of local drainage. These areas are subject to frequent periodic inundation. MATERIALS 650.02 On-site materials may be used within the limits of construction to construct temporary dams and berms. Materials such as plastic sheeting, sand bags, inflatable devices and storm sewer pipe may also be used if desired by CONTRACTOR. CONSTRUCTION REQUIREMENTS 650.03 Requirements for controlling surface and groundwater during construction are as follows: A. General. For all excavation, CONTRACTOR shall provide suitable equipment and labor to remove water, and he shall keep the excavation dewatered so that construction can be carried on under • dewatered conditions. Water control shall be accomplished such that no damage is done to adjacent channel banks or structures. CONTRACTOR is responsible for investigating and becoming familiar with all site conditions that may affect the work including surface water, potential flooding conditions, level of groundwater and the time of year the work is to be done. All excavations made as part of dewatering operations shall be backfilled with the same type material as was removed and compacted to ninety five percent (95%) of Maximum Standard Proctor Density (ASTM D698) except where replacement by other materials and/or methods are required. CONTRACTOR shall conduct operations in such a manner that storm or other waters may proceed uninterrupted along their existing drainage courses. By submitting a bid, CONTRACTOR acknowledges that CONTRACTOR has investigated the risk arising from such waters and has ais all of sa• prepared his bid accordingly, t i y E 't ^ <(said risk. At no time during construction shall CONTRACTOR affect existing surface or subsurface drainage patterns of adjacent property. Any damage to adjacent property resulting from CONTRACTOR's alteration of surface or subsurface drainage patterns shall be repaired by CONTRACTOR at no additional cost to OWNER. CONTRACTOR shall remove all temporary water control facilities when they are no longer needed or at the completion of the PROJECT. Pumps and generators used for dewatering and water control shall be quiet equipment enclosed in sound deadening devices. B. Surface Water Control. Surface water control generally falls into the following categories: 1. Normal low flows along the channel 2. Storm/flood flows along the channel BID NO B1400086 Page 60 3. Flows from existing storm drain pipelines; and 4. Local surface inflows not conveyed by pipelines CONTRACTOR shall coordinate, evaluate, design, construct, and maintain temporary water conveyance systems. These systems shall not worsen flooding,alter major flow paths,or worsen flow characteristics during construction. CONTRACTOR is responsible to ensure that any such worsening of flooding does not occur. CONTRACTOR is solely responsible for determining the methods and adequacy of water control measures. At a minimum, CONTRACTOR shall be responsible for diverting the quantity of surface flow around the construction area so that the excavations will remain free of surface water for the time it takes to install these materials, and the time required for curing of any concrete or grout. CONTRACTOR is cautioned that the minimum quantity of water to be diverted is for erosion control and construction purposes and not for general protection of the construction-site. It shall be CONTRACTOR's responsibility to determine the quantity of water which shall be diverted to protect the WORK from damage caused by stormwater. CONTRACTOR shall, at all times, maintain a flow path for all channels. Temporary structures such as berms, sandbags, pipeline diversions, etc., may be permitted for the control of channel flow, as long as such measures are not a major obstruction to flood flows, do not worsen flooding, or alter historic flow routes. • C. Groundwater Control. CONTRACTOR shall install adequate measures to maintain the level of groundwater below the foundation subgrade elevation and maintain sufficient bearing capacity for all structures, pipelines, earthwork, and rock work. Such measures may include, but are not limited to, installation of perimeter subdrains, pumping from drilled holes or by pumping from sumps excavated below the subgrade elevation. Dewatering from within the foundation excavations shall not be allowed. The foundation bearing surfaces are to be kept dewatered and stable until the structures or other types of work are complete and backfilled. Disturbance of foundation subgrade by CONTRACTOR operations shall not be considered as originally unsuitable foundation subgrade and shall be repaired at CONTRACTOR's expense. Any temporary dewatering trenches or well points shall be restored following dewatering operations to ,,i u, reduce permeability in those areas : :;lprovcrt hy ENGINEEF,2 , u a „ -r: .v anc assn METHOD OF MEASUREMENT 650.04 No separate measurement for payment will be made for any labor, equipment, and materials required for this item. The lump sum price will include all of CONTRACTOR's costs. This BID item includes: 1) Implementing measures to control surface water and groundwater 2) Obtaining and transferring all required permits, upon approval. 3) Providing temporary power as required. 4) Evaluating, designing, constructing, maintaining, and monitoring dewatering measures 5) Installing check dams, pumps, dewater bags, earth embankments, diversion channels, sheet pile, wells, or any other material necessary for dewatering. 6) Monitoring, sampling, analysis, and water quality reports if required. 7) Protect work from base flows and storm events. 8) Providing all other related and necessary labor, equipment, and materials to complete the WORK BID NO B1400086 Page 61 BASIS OF PAYMENT 650.05 Payment will be on a per day basis for the time that the Contractor starts to put his Water Control and Dewatering in place to the time it is removed as accepted by the Project Engineer. Payment will be made under Pay Item Pay Unit Water Control and Dewatering Day BID NO B1400086 Page 62 Weld County Post Flood Emergency Repair March 31, 2014 Project No. EM-BR9.5-24.5A and Grade Control Structure FORCE ACCOUNT ITEMS DESCRIPTION This special provision contains the Department's estimate for force account items included in the Contract. The estimated amounts marked with an asterisk will be added to the total bid to determine the amount of the performance and payment bonds. Force Account work shall be performed as directed by the Engineer. BASIS OF PAYMENT Payment will be made in accordance with subsection 109.04. Payment will constitute full compensation for all work necessary to complete the item. Estimated Force Account Item Quantity Amount F/A Minor Contract Adjustments F/A $50,000 F/A Minor Contract Adjustments—This work consists of minor work authorized and approved by the Engineer, which is not included in the contract drawings or specifications, does not already have an existing unit price bid item, and is necessary to accomplish the scope of work for this contract. The Force Account may be used for such unforeseen items which may be needed for the project. BID NO B1400086 Page 63 Weld County Post Flood Emergency Repair March 31, 2014 Project No. EM-BR9.5-24.5A and Grade Control Structure UTILITIES COORDINATION The work described in these plans and specifications requires coordination between the Contractor and the utility companies in accordance with subsection 105.10 in conducting their respective operations as necessary to complete the utility work with minimum delay to the project. The known utilities are shown on the Contract Drawings. However, additional unknown utilities may exist within the project limits, and the location of known utilities is estimated and the accuracy of shown utility locations is not guaranteed. The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements") when excavation or grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at least two (2) business days, not including the day of notification, prior to commencing such operations. The Contractor shall contact the Utility Notification Center of Colorado (UNCC) at 1-800-922- 1987 to have locations of UNCC registered lines marked by member companies. All other underground facilities shall be located by contacting the respective company. Utility service laterals shall also be located prior to beginning excavating or grading. BASIS OF PAYMENT All costs incidental to the foregoing requirements will not be paid for separately but shall be included in the work. No monetary compensation will be made to the Contractor for delays or any other issues related to utility conflicts. BID NO B1400086 �. . Page 64 May 2, 2013 REVISION OF SECTION 108 LIQUIDATED DAMAGES Section 108 of the Standard Specifications is hereby revised for this project as follows: In subsection 108.09 delete the schedule of liquidated damages and replace with the following: Original Contract Amount($) Liquidated Damages per Calendar Day ($) From More Than To And Including 0 ' " 250,000 400 250,000 500,000 700 500,000 1,00O,000 1,100 1,000,000 2,000,000 1,600 2,000,000 4,000,000 2,500 4,000,000 10,000,000 3,300 10,000,000 ------ 3,300 plus 200 Per Each Additional 1,000 000 Contract Amount or Part Thereof Over 10,000,000 BID NO 81400086 Page 65 January 31, 2013 REVISION OF SECTION 108 SUBLETTING OF CONTRACT Section 108 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 108.01 and replace with the following: 108.01 Subletting of Contract. The Contractor shall not sublet, sell, transfer, assign, or dispose of the Contract or Contracts, or any portion thereof without written permission of the Engineer. Prior to beginning any work by subcontractor, the Contractor shall request permission from the Engineer by submitting a completed Sublet Permit Application, CDOT Form No. 205. The subcontract work shall not begin until the Contractor has received the Engineer's written permission. The Contractor shall make all project related written subcontracts, agreements, and purchase orders available to the Engineer for viewing, upon-. request and at a location convenient to the Engineer. The Contractor will be permitted to sublet a portion of the Contract, however, the Contractor's organization shall perform work amounting to 30 percent or more of the total original contract amount. Any items designated in the contract as "specialty items" may be performed by subcontract. The cost of "specialty items" so performed by subcontract may be deducted from the total original contract amount before computing the amount of work required to be performed by the Contractor's own organization. The original contract amount includes the cost of material and manufactured products which are to be purchased or produced by the Contractor and the actual agreement amounts between the Contractor and . a subcontractor. Proportional value of a subcontracted partial contract item will be verified by the Engineer. When a firm both sells material to a prime contractor and performs the work of incorporating the materials into the project, these two phases shall be considered in combination and as constituting a single subcontract. The calculation of the percentage of subcontracted work shall be based on subcontract unit prices. Subcontracts or transfer of Contract shall not release the Contractor of liability under the Contract and Bond. BID NO 81400086 Page 66 May 5, 2011 REVISION OF SECTION 109 COMPENSATION FOR COMPENSABLE DELAYS In subsection 109.10, delete the first two paragraphs and replace with the following: 109.10 Compensation for Compensable Delays. If the Engineer determines that a delay is compensable in accordance with either subsection 105.22, 105.23, 105.24, or 108.08, monetary compensation will be determined in accordance with this subsection. (a) These categories represent the only costs that are recoverable by the Contractor. All other costs or categories of costs are not recoverable: (1) Actual wages and benefits, including FICA, paid for additional labor not otherwise included in (5) below; (2) Costs for additional bond, insurance and tax; (3) Increased costs for materials; (4) Equipment costs calculated in accordance with subsection 109.04(c) for Contractor owned equipment and based on invoice costs for rented equipment; (5) Costs of extended job site overhead; (6) Costs of salaried employees not otherwise included in (1) or (5) above incurred as a direct result of the delay; (7) Claims from subcontractors and suppliers at any level (the same level of detail as specified herein is required for all such claims); (8) An additional 16 percent will be added to the total of items (1) through (7) as compensation for items for which no specific allowance is provided, including profit and home office overhead. BID NO B1400086 Page 67 February 3, 2011 REVISION OF SECTION 109 MEASUREMENT OF QUANTITIES Section 109 of the Standard Specifications is hereby revised for this project as follows: In subsection 109.01, delete the 17th paragraph and replace it with the following: Vehicles used to haul material being paid for by weight shall bear a plainly legible identification mark. Each of these vehicles shall be weighed empty daily at times directed by the Engineer. The Contractor shall furnish to the Engineer, in writing, a vehicle identification sheet that lists the following for each delivery vehicle to be used on the project: (1) identification mark (2) vehicle length (3) tare weight (4) number of axles (5) the distance between extreme axles (6) information related to legal weight, including the Permit No. and permitted weight of each vehicle for which the State has issued an overweight permit. This information shall be furnished prior to time of delivery of the material and at any subsequent time the Contractor changes vehicles, combination vehicles, axle length relationships, or overweight permitting of vehicles. BID NO B1400086 Page 68 February 3, 2011 REVISION OF SECTION 203 IMPORTED MATERIAL FOR EMBANKMENT Section 203 of the Standard Specifications is hereby revised for this project as follows: Subsection 203.03 (a) shall include the following: Imported Material used for backfilling pipes (storm sewer, cross culverts, side drains, etc) shall be tested for compatibility with the selected pipe material. When Nonreinforced Concrete Pipe or Reinforced Concrete Pipe is used, the imported material shall be tested for sulfate and pH When Corrugated Steel Pipe, Bituminous Coated Corrugated Steel Pipe or Precoated Corrugated Steel Pipe is used, the imported material shall be tested for sulfates, chlorides, pH and resistivity. When Aramid Fiber Bonded Corrugated Steel Pipe or Corrugated Aluminum Pipe is used, the imported material shall be tested for pH and resistivity. When Plastic pipe is selected, the imported material does not need to be tested for sulfates, chlorides, pH and resistivity. Sulfates, chlorides, pH and resistivity shall be determined by the following procedures: (1) Water soluble sulfates using CP-L 2103 Method B. (2) Chlorides using CPL 2104 (3) Resistivity using ASTM G57 (4) pH using ASTM G51. The average of three consecutive tests shall show the imported material's sulfate, chloride, pH and resistivity is not greater than the limits corresponding to the Pipe Class in Table 203-1 or 203-2 for the pipe class specified on the plans. No single test shall have a result more than 20 percent greater than that corresponding to the limit in Table 203-1 or Table 203-2 for sulfates, chlorides and resistivity. No nt outsioaingle test•shall have a result more than ff ]Drsrn e V3.4tde the limit in Table 203-1 for pH. The remain 4,-:23 • 'sample material from a single failing test shalt a spirt into three equal portions. CDOT shall receive one portion, the Contractor shall receive one portion and the remaining portion shall be retained by the Project. CDOT and the Contractor's Lab shall retest the failed sample; if the results from those tests are within 10 percent of each other, the results will be averaged. The averaged result will be used for Contract compliance. If the results from the Labs are not within 10 percent of each other, the remaining sample portion will be sent to an independent laboratory for testing using the testing requirements specified above. The independent laboratory will be mutually agreed upon by the Department and the test result will be used for Contract Contractor. The Independent Lab'scompliance. p If the imported material's sulfates, chlorides, and resistivity are less than the limits and the pH is within the limits in Table 203-1 or 203-2, CDOT will bear all costs associated with the independent lab test. If the imported material's sulfates, chlorides, and resistivity is greater than the limits and the pH is outside the limits in Table 203-1 or 203-2„ all costs associated with independent lab testing shall be at the Contractor's expense. Embankment represented by failing tests shall be removed from the project and replaced at the Contractor's expense. BID NO B1400086 Page 69 Table 203-1 SULFATE, CHLORIDE AND PH OF IMPORTED MATERIAL SOIL Pipe Class Sulfate Chloride (SO4) (CI) pH % max % max 0 , 7 ; 0.05 0.05 6.0-8.5 1, 7 0.10 0.10 6.0-8.5 2, 8 " 0.20 0.20 6.0-8:5 3, 9 0.50 0.50 6.0-8.5 4, 9 1:00 1.00 5.0-9.0 5, 10 2.00 2.00 5.0-9.0 6, 10 >2.00 >2.00 <5 or>9 Table 203-2 RESISTIVITY AND PH OF IMPORTED MATERIAL SOIL SIDE Resistivity, R (Ohm — cm) pH ≥1,500 5.0-9.0 ≥250 3.0-12.0 --_--.. _ - ,. _ . - __ — �,4'.� r '•:�;: :, per t . BID NO B1400086 Page 70 July 19, 2012 REVISION OF SECTIONS 203, 206, 304 AND 613 COMPACTION Sections 203, 206, 304 and 613 of Standard Specifications are hereby revised for this project as follows: In subsection 203.03 (a), delete the fifth paragraph and replace with the following: 1. Soil Embankment. Soil embankment consists of materials with 50 percent or more of the material passing the 4.75 mm (No. 4) sieve. A soil embankment may also have more than 50 percent of the material retained on the 4.75 mm (No. 4) sieve, but no more than 30 percent of the material retained on the 19 mm (3/4 inch) sieve. Soil embankment shall be constructed with moisture density control in accordance with the requirements of subsection 203.07. 2. Rock Embankment. Rock embankment consist of materials with 50 percent or more of the material retained on the 4.75 mm (No. 4) sieve and with more than 30 percent of the material retained on the 19 mm (3/4 inch) sieve. All material shall be smaller than 6 inches. Rock embankments shall be constructed without moisture density control in accordance with the requirements of subsection 203.08. • Delete Subsection 203.07 and replace with the following: 203.07 Construction of Embankment and Treatment of Cut Areas with Moisture and Density Control. Soil embankments shall be constructed with moisture and density control and the soil upon which the embankments are to be constructed shall be scarified to a depth of 6 inches and compacted with moisture and density control. The moisture content of the soil at the time of compaction shall be as specified or directed. The material shall be removed from the full width of roadbed in all cut sections to the designated depth. The soil below the designated depth shall be thoroughly scarified to a depth of 6 inches and the moisture >otau i the ntent increased or reduced, as nee a `rb : A Er. the moisture content specifiedi This.scarified layer shall then be compacted to the relative compaacaion specified. All embankment material shall be compacted to not less than 95 percent relative compaction. Maximum dry density of all soil types encountered or used will be determined in accordance with AASHTO T 99 as modified by CP 23. Soils shall be compacted at± 2 percent of Optimum Moisture Content (OMC) as determined byAASTHO T 99. Soils having greater than 35 percent passing the 75 pm (No. 200) sieve shall be compacted to 0 to 3 percent above OMC. Soils which are unstable at the above moisture content shall be compacted at lower moisture content to the specified density. Additional work involved in drying embankment material to the required moisture content shall be included in the contract price paid for excavating or furnishing the material with no additional compensation. Density requirements will not apply to materials which cannot be tested in accordance with the above procedures for determining maximum dry density. Compaction for materials which cannot be tested shall be in accordance with subsection 203.08. BID NO B1400086 Page 71 Claystone or soil-like non-durable shale shall be pulverized and compacted to the specified moisture and percent of relative compaction and shall be compacted with a heavy tamping foot roller, weighing at least 30 tons. Each tamping foot roller shall protrude from the drum a minimum of 4 inches. Each embankment • • layer shall receive a minimum of three or more coverages with the tamping foot roller to obtain density. One coverage consists of one pass over the entire surface designated. One pass consists of the passing of an acceptable tamping foot roller over a given spot. The roller shall be operated at a uniform speed not exceeding 3 miles per hour. No additional compensation will be made for additional roller coverages to achieve specified density requirements. In subsection 206.03, delete the fourth and fifth paragraphs and replace with the following: Backfill shall consist of approved materials uniformly distributed in layers brought up equally on all sides of the structure. Each layer of backfill shall not exceed 6 inches before compacting to the required density and before successive layers are placed. Structure backfill (Class 1) shall be compacted to a density of not less than 95 percent of maximum dry density determined in accordance with AASHTO T 180 as modified by CP 23. Backfill shall be compacted at± 2 percent of Optimum Moisture Content (OMC). Structure backfill (Class 2) shall be compacted to a density of not less than 95 percent of maximum dry density. The maximum dry density and OMC for A-1, A-2-4. A-2-5 and A-3 materials will be determined in accordance with AASHTO T 180 as modified by CP 23. The maximum dry density and OMC for all other materials will be determined in accordance with AASHTO T 99 as modified by CP 23. Materials shall be compacted at± 2percent of Optimum Moisture Content (OMC). Materials having greater than 35 percent passing the 75 pm (No. 200) sieve shall be compacted at 0 to 3 percent above OMC. In subsection 304.06, delete the first paragraph and replace with the following: 304.06 Shaping and Compaction. Compaction of each layer shall continue until a density of not less than 95 percent of the maximum density determined in accordance with AASHTO T 180 as modified by CP 23 has been achieved. The moisture content shall be at +/-2 percent of optimum moisture content. The surface of each layer shall be maintained during the compaction operations so that a uniform texture • is produced and the aggregates are firmly keyed. Moisture conditioning shall be performed uniformly during compaction. In subsection 613.07, delete the 15th paragraph and replace with the following: • a -,ecessary t fcii.,w,- Trenching shall be backfilled and compacted toile iw : Backfill shall be deposited in uniform layers, The thickness of each layer shall be 6 inches or less thick prior to compaction. The space under the conduit shall be completely filled. The remainder of the trench and excavation shall be backfilled to the finished grade. The backfill material shall be compacted to the density of not less than 95 percent of maximum dry density. The maximum dry density and optimum moisture content (OMC) for A-1, A-2-4. A-2-5 and A-3 materials will determined in accordance with AASHTO T 180 as modified by CP 23. The maximum dry density and OMC for all other materials will determined in accordance with AASHTO T 99 as modified by CP 23. Materials shall be compacted at ± 2percent of Optimum Moisture Content (OMC). Materials having greater than 35 percent passing the 75 pm (No. 200) sieve shall be compacted at 0 to 3 percent above OMC. Each layer shall be mechanically compacted by tamping with power tools approved by the Engineer. Compaction methods or equipment that damage the conduit shall not be used. BID NO B1400086 Page 72 April 26, 2012 REVISION OF SECTION 206 STRUCTURE BACKFILL (FLOW-FILL) Section 206 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 206.02 (a) and replace with the following: (a) Structure Backfill. Class 1 and Class 2 structure backfill shall be composed of non-organic mineral aggregates and soil from excavations, borrow pits, or other sources. Material shall conform to the requirements of subsection 703.08. Class of material shall be as specified in the Contract or as designated. Structure backfill (Flow-Fill) meeting the following requirements shall be used to backfill bridge • abutments. The Contractor may substitute structure backfill (Flow-Fill) for structure backfill (Class 1) or structure backfill (Class 2) to backfill culverts and sewer pipes. Flow-Fill is a self-leveling low strength concrete material composed of cement,fly ash, aggregates,Water, chemical admixtures and/or cellular foam for air-entrainment. Flow-fill shall have a slump of 7 to 10 inches, when tested in accordance with ASTM C143 or a minimum flow consistency of 6 inches when tested in accordance with ASTM D6103. Flow-Fill shall have a minimum compressive strength of 50 psi at 28 days, when tested in accordance with ASTM D4832. Flash Fill shall not be used in lieu of Flow Fill. Flow-Fill placed in areas that require future excavation, such as utility backfill shall have a Removability Modulus (RM) of 1.5 or less. Removability Modulus, RM, is calculated as follows: RM = W'-°x 104xC°y 106 where : 1/1/ = unit weight (pcf) C = 28-day compressive strength (psi) Materials for structure backfill (Flow-i ill) shell: ceLeFt the requirements specified in the following subsections: Fine Aggregate' 4 703.01 Coarse Aggregate'` 4 703.02 ;. Portland Cement 701.01 . ' • 701.02 Water 712.01 Air Entraining Admixture 711:02 .. Chemical Admixtures 711.03 ' Fine aggregate not meeting the requirements of subsection 703.01 may be used if testing indicates acceptable results for strength and air content. 2 Coarse aggregate not meeting the requirements of subsection 703.02 may be used if testing indicates acceptable results for strength and air content. 3 Fly ash not meeting the requirements of subsection 701.02 may be used if testing indicates acceptable results for strength and air content. `` Industrial by-product aggregates (foundry sand, bottom ash, etc..) and fly ash not meeting the requirements of subsection 701.02 shall submit a report from the supplier documenting the results of testing in accordance with the Toxicity Characteristic Leaching Procedure (TCLP) described in 40 CFR 261. The report shall include the results of TCLP testing for heavy metals and other BID NO B1400086 Page 73 contaminants. Materials shall not exceed the TCLP limits of 40 CFR 261.24 for heavy metals Cellular foam shall conform to ASTM C869 and ASTM C796 Recycled broken glass (glass cullet) is acceptable as part or all of the aggregate. Aggregate including glass must conform to the required gradations. All containers used to produce the cullet shall be empty prior to processing. Chemical, pharmaceutical, insecticide, pesticide, or other glass containers containing or having contained toxic or hazardous substances shall not be allowed and shall be grounds for rejecting the glass cullet. The maximum debris level in the cullet shall be 10 percent. Debris is defined as any deleterious material which impacts the performance of the structure backfill (Flow-Fill) including all non-glass constituents. The Contractor may use aggregate which does not meet the above specifications if the aggregate conforms to the following gradation: Sieve Size Percent Passing 25.0 mm (1 inch) 100 75 pm (No. 200) 0- 101 The amount of material passing the 75 pm (No. 200) screen may exceed 10 percent if testing indicates acceptable results for strength and air content. The Contractor shall submit a structure backfill (Flow-Fill) mix design for approval prior to placement. The mix design shall include the following laboratory test data: (1) ASTM C231, Air content (2) ASTM D6023, Unit Weight (3) ASTM C143, Slump or ASTM D6103 flow consistency (4) ASTM D4832 28-day Compressive Strength (5) Removability Modulus (RM) In subsection 206.03, delete the thirteenth through fifteenth paragraphs and replace with the following: Compaction of structure backfill (Flow-Fill) shall not be performed. The maximum layer thickness for structure backfill (Flow-Fill) shall be 3 feet unless otherwise approved by the Engineer. The Contractor shall not place structure backfill (Flow-Fill) in layers that are too thick to cause damage to culverts, pipes and other structures, or that will cause formwork or soil failures during placement. Structure backfill (Flow-Fill) shall have an indention diameter less than 3 inches and the indention shall be free of visible water when tested in accordance with ASTM D6024 by the Contractor prior to placing additional layers of structure backfill (Flow-Fill).Testing structure backfill (Flow-Fill) in accordance with ASTM O6024 will be witnessed by the Engineer. Damage resulting from placing structure backfill (Flow-Fill) in layers that are too thick or from not allowing sufficient time between placements of layers shall be repaired at the Contractor's expense. The Contractor shall secure culverts, pipes and other structures to prevent floating and displacement of these items during the placement of the structure backfill (Flow-Fill). Prior to the placement of structure backfill (Flow-Fill), the Contractor shall sample the structure backfill (Flow-Fill) in accordance with ASTM D5971. The Contractor shall test the structure backfill (Flow-Fill) unit weight in accordance with ASTM D6023. The Contractor shall test the structure backfill (Flow-Fill) for slump in accordance with ASTM C143 or flow consistency according to ASTM D6103. The Contractor shall sample and test the first three loads of structure backfill (Flow-Fill) for each BID NO B1400086 Page 74 placement and then randomly once every 50 cubic yards. Sampling and testing will be witnessed by the Engineer When structure backfill (Flow-Fill) is placed in areas that require future excavation, the unit weight of the placed structure backfill (Flow-Fill) shall not exceed the unit weight of the approved mix design by more than 2.0 pcf. Structure backfill (Flow-Fill) shall not be allowed to freeze during placement and until it has set sufficiently according to ASTM D6O24. Frozen structure backfill (Flow-Fill) shall be removed and replaced at the Contractor's expense. When the Contractor substitutes Structure Backfill (Flow-Fill) for Structure Backfill (Class 1) or(Class 2), the trench width may be reduced to provide a minimum 6 inch clearance between the outside diameter of the culvert and the trench wall. BID NO 61400086 Page 75 January 31, 2013 REVISION OF SECTION 208 EROSION LOG Section 208 of the Standard Specifications is hereby revised for this project as follows: In subsection 208.02, delete (h) and replace with the following: (h) Erosion log. Shall be one of the following types unless otherwise shown on the plans: (1) Erosion Log (Type 1) shall be curled aspen wood excelsior with a consistent width of fibers evenly distributed throughout the log. The casing shall be seamless, photo-degradable tube netting and shall have minimum dimensions as shown in Table 208-1, based on the diameter of the log called for on the plans. The curled aspen wood excelsior shall be fungus free, resin free, and free of growth or germination inhibiting substances. (2) Erosion Log (Type 2) shall consist of a blend of 30-40 percent weed free compost and 60-70 percent wood chips. The compost/wood blend material shall pass a 50 mm (2 inch) sieve with a minimum of 70 percent retained on the 9.5 mm (3/8 inch) sieve and comply to subsection 212.02 for the remaining compost physical properties. The compost/wood chip blend may be pneumatically shot into a geotextile cylindrical bag or be pre-manufactured. The geotextile bag shall consist of material with openings of 3/8 inches of HDPE mesh, and contain the compost/vvood 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) Max. 9inch H. 10 180 -1.6 1.5:by1.5 (nominal)by 18 12 inch 10 180 2.5 1.5 by 1.5(nominal) by 24 '.20-inch 10 100 4.0 2 by 2 (nominal) .by 30 Stakes to secure erosion logs shall consist of pinewood or hardwood. Subsection 208.11 shall include the following: All BMPs measured by the linear foot shall be determined along the centerline of the BMP. Measured length will not include required overlap. 112110. qiNGISTALCVAISPAMENE � � BID NO B1400086 Page 76 April 26, 2012 REVISION OF SECTION 212 SEED Section 212 of the Standard Specifications is hereby revised for this project as follows: In subsection 212.02 (a), delete the first paragraph and replace with the following: (a) Seed. All seed shall be furnished in bags or containers clearly labeled to show the name and address of the supplier, the seed name, the lot number, net weight, origin, the percent of weed seed content, the guaranteed percentage of purity and germination, pounds of pure live seed (PLS) of each seed species, and the total pounds of PLS in the container. All seeds shall be free from noxious weed seeds in accordance with current state and local lists and as indicated in Section 213. The Contractor shall furnish to the Engineer a signed statement certifying that the seed is from a lot that has been tested by a recognized laboratory for seed testing within thirteen months prior to the date of seeding. The Engineer may obtain seed samples from the seed equipment, furnished bags or containers to test seed for species identification, purity and germination. Seed tested and found to be less than 10 percent of the labeled certified PLS and different than the specified species will not be accepted. Seed which has become wet, moldy, or damaged in transit or in storage will not be accepted. BID NO B1400086 Page 77 January 31, 2013 REVISION OF SECTION 213 MULCHING Section 213 of the Standard Specifications is hereby revised for this project as follows: In subsection 213.01, delete the last paragraph and replace with the following: This work includes furnishing and applying spray-on mulch blanket or bonded fiber matrix on top of rock cuts and slopes after seeding or as temporary stabilization as shown on the plans or as directed by the Engineer. In subsection 213.02, delete the eighth paragraph and replace with the following: The hydromulch 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: BID NO B1400086 Page 78 (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: BID NO B1400086 Page 79 Properties Requirement Test Method Organic Fibers 71% Min. ASTM D 2974 Cross linked Tackifiers 10% +/- 2% Min. Reinforcing Interlocking 10% +/- 1% Min. Fibers 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 BID NO B1400086 Page 80 (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 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: (f) Spray-on Mulch Blanket. Spray-on Mulch Blanket shall strictly comply with the Manufacturer's mixing recommendations and installation instructions. No chemical additives with the exception of fertilizer, soil pH modifiers, extended-term dyes and bio nutrients will be permitted. Apply Spray-on mulch blanket in a uniform application using a minimum 22 degree arc type nozzle.Apply hydro slurry in two direction (from top of slope down and from toe of the slope up, as well as, be applied at a minimum of two layers). Hydromulching 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 BID NO B1400086 Page 81 two direction (from top of slope down and from toe of the slope up, as well as, be applied at a minimum of two layers. Biodegradable BFMs should not be applied immediately before, during, or immediately after rainfall if the soil is saturated. Product shall not be used use in channels, swales, or other areas where concentrated flows are anticipated and should not be used on saturated soils that have groundwater seeps. Foot traffic, mechanical traffic or grazing shall not be permitted on treated areas until vegetated. Treated areas damaged due to circumstances beyond Contractor's control shall be repaired or re- applied as ordered. Payment for corrective work, when ordered, shall be at contract rates. In subsection 213.04, delete the first paragraph and replace with the following: The quantity of hay and straw mulch, wood chip mulch, wood fiber and, spray-on mulch tackifier, bonded fiber matrix and tackifier will not be measured but shall be the quantity designated in the Contract, except that measurements will be made for revisions requested by 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 measured by the acre or by the actual pounds of product applied, as shown on the plans. The area will be calculated on the basis of actual or computed slope measurements. The Contractor shall verify prior to application, weight of spray on mulch blanket and bonded fiber matrix bags for certification of materials and application rate. Subsection 213.05 shall include the following: Payment will be made under: Pay Item Pay Unit Bonded Fiber Matrix Acre Bonded Fiber Matrix Pound Spray on Mulch Blanket Pound Payment for spray-on mulch blanket and bonded fiber matrix will be full compensation for all work and materials necessary to complete this item. BID NO B1400086 Page 82 January 31, 2013 REVISION OF SECTION 630 SIGNS AND BARRICADES Section 630 of the Standard Specifications is hereby revised for this project as follows: In subsection 630.02, delete the second paragraph, and replace with the following: Temporary sign support assembly shall be timber, perforated square metal tubing inserted into a larger base post or slip base or perforated metal U-channel with a slip base. The temporary sign support assembly shall conform to NCHRP and AASHTO requirements regarding temporary sign supports during construction. Subsection 630.02 shall include the following: If a timber post is selected, it shall conform to the requirements of subsection 614.02. BID NO B1400086 Page 83 January 31, 2013 REVISION OF SECTION 630 SIGNS AND BARRICADES Section 630 of the Standard Specifications is hereby revised for this project as follows: In subsection 630.02, delete the second paragraph, and replace with the following: Temporary sign support assembly shall be timber, perforated square metal tubing inserted into a larger base post or slip base or perforated metal U-channel with a slip base. The temporary sign support assembly shall conform to NCHRP and AASHTO requirements regarding temporary sign supports during construction. Subsection 630.02 shall include the following: If a timber post is selected, it shall conform to the requirements of subsection 614.02. BID NO B1400086 Page 84 February 3, 2011 REVISION OF SECTION 630 RETROREFLECTIVE SIGN SHEETING Section 630 of the Standard Specifications is hereby revised for this project as follows: In subsection 630.06, first paragraph, delete the fifth sentence and replace with the following: Retroreflective sheeting on new devices shall be Type IV. Existing devices manufactured with Type Ill sheeting may be used on projects advertised prior to January 1, 2014. Devices used on projects advertised on or after January 1, 2014 shall be manufactured with Type IV sheeting. BID NO B1400086 Page 85 � 44, 2 » _j : Z leco < < - 0 $ / � , = i / \ = O : ; / . - $ \ \ / e u o,, = ` + z < _ CC /® ! xcks - § , ® / \ ) 6 / / co 5 4._- 0 ; J \ ^ air- w / - _ , \ D ` \ ) ) / e uLf ` y . ^ e / ; q `_ .1: - \ \y \ \ _ . . \51 2 _ \ \_ � . e\ - vs z:: ss- , /\ /\e,; _ =!z d a e: 0 co f , . ) ! > [ 0" ! 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X O % N co Ca) ++ ti` a) C ^ E r0+ 3 1+ op_ 0 r ISM,..Pr c6 )^ N 0 = 7 ti co al O a li J a3 WCO C � N ( U chi E N 2 E5'- D Yliiil as GB ca Z UU Q 10 2 c EEw� ay � � as -a1? ENgimE ( �▪ Wi9 Ez _ ca a� m . c — a �' t o UL.; 0 a0 65 •C� as 4 rn t + a�i c�'a 3 T -J � 000O2Fm � , c NEga .Locaa W (n cq 00 (n (n U CO uJ d _ CN CO d LO g E `0000 I 4 it 0 m m O a 3 U m 4 o ' Iii I i BID ADDENDUM NO. 1 Project Name: EM-BR9.5-25A Bid Request No: B1400086 _86 Weld County Public Works Division of Engineering P.O. Box 758 1111 H Street Greeley, Colorado 80632 970-304-6496 The following revisions shall be incorporated into the CONTRACT DOCUMENTS, for the above-referenced PROJECT: A. Contractor Questions and Response B. Measurement and Payment Revisions C. Bid Schedule Revisions D. Drawings Revisions a E. Pre-bid Meeting Minutes The BID date remains April 10, 2014, 10:00 am MDT All other terms and conditions of the CONTRACT DOCUMENTS shall remain unchanged. BIDDER must acknowledge receipt of this addendum in the space provided in the BID. Failure to acknowledge receipt of an ADDENDUM may be cause for rejection of the BID. A. CONTRACTOR QUESTIONS AND RESPONSE 2. Q. Please verify the size of the reinforced concrete pipe to be installed. The drawings show 15-inch diameter pipe but the bid schedule calls for 18-inch diameter pipe. A. The bid schedule will be changed to 15-inch diameter pipe. 3. Q. Depending on the hammer used, the sheet pile can be driven further into bedrock then 12-inches before refusal is encountered based on the definition of 10 blows per inch with an approved pile hammer. Is there a specific embedment distance into bedrock or a bottom of pile elevation required? A. The sheet pile must be driven a minimum of 12-inches into bedrock or to virtual refusal. An appropriate hammer should be used. Please see the notes on sheet 8 of 12 for additional information regarding the sheet pile. 4. Q. Can the sheet pile be vibrated into the bedrock as opposed to being driven? A. No. The pile must be driven 12-inches into bedrock or to virtual refusal. 5. Q. Does the Sheet pile need to be new or can it be used? A. Used sheet pile meeting the technical specifications of PZ-27 will be allowed as long as the following requirements are met: • The pile is straight and contains no damage or bends. • The sectional integrity of the pile has not been compromised by rust. • The engineer has performed an inspection of the used pile and approved its use prior to delivery to the site. The Contractor shall submit a comparison between the technical specifications for PZ-27 sheet pile and the used sheet pile for review and approval by the Engineer and County. 6. Q. If the sheet pile is driven 12-inches into bedrock prior to reaching the k elevations shown on the drawings (if bedrock is found higher that what is shown on the drawings) will planned quantities be paid? A. Planned quantities will be paid to account for the fact that the Contractor must purchase the sheet pile. Actual quantities installed will be paid if used sheet pile is approved and installed. 7. Q. What are the work Hours for the project? A. Normal work Hours for this project is Sunup to Sundown, Monday through Friday. Contractors will be allowed to complete nighttime and weekend work to accommodate the schedule. The Contractor shall request nighttime and weekend work hours in writing prior to working outside of normal work hours. There shall be no additional cost to the County if the Contactor decides to work outside of normal work hours. If the Contractor decides to work outside of normal work hours all additional costs shall be included in the Contractor's bid. 2 8. Q. What is the anticipated turnaround time for compaction testing? A. Assuming that proctor test results are available for the imported soil, test results will be available shortly after the test is completed. 9. Q. Company seals or other impressions will not show up on an emailed bid. Is this acceptable? A. Yes. Hard copies with the impressions can be submitted by the successful low bidder as a part of the Contractor's submittals. 10. Q. Should the language in second to last sentence of Section 6 on Page 5 be changed? A. Section 6 shall be changed to the following: 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. Accompanying each bond form shall be "Power of Attorney" authorizing the attorney in fact to bind the 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. 11. Q. What is the status of the existing exposed utilities? A. An attempt was made to contact all utility companies. Regardless the Contractor is responsible to locate all utilities prior to construction and protect all utilities during construction. To date we have been able to find out the following: Source Gas: Sheet piling over this gas line needs to maintain clearances, both vertical and horizontal. If needed, the north end of the sheet pile can be moved to the east to avoid this gas line. CDOT Fiber Optic: The fiber optic line has been relocated. The conduit remains in place and may be encountered during the project. Anadarko Gathering Line: Contact Anadarko Petroleum to verify that the gathering line has been abandoned. Contact information is: Jeana Crow, 303-655-5343 Call 811 for information on other utilities 12. Q. Ifduring If high water is encountered construction, will the Contractor be allowed additional time to complete the work? A. Due to the nature of the flows during spring runoff, once the runoff reaches a point that cannot be managed by the Contractor, the project will end. Any materials stored onsite at that time will be paid for by the County. The County will make the final determination as to whether or not spring runoff will end the project. The contractor shall continue to perform water control and dewatering in accordance with the approved water control and dewatering plan until the County notifies the Contractor to stop work. 3 High water due to spring runoff is different that high water caused by a local storm event. Normal weather days will apply to local storm events. 13. Q. Company seals or other impressions will not show up on an emailed bid. Is this acceptable? A. Yes. Hard copies with the impressions can be submitted by the successful low bidder as a part of the Contractor's submittals. 14. Q. Does the County know of any nearby sources for fill material? A. There may be excess soil on the adjacent site to the north of the project. Contractors can contact Fred Tafoya at Redland Consulting (Engineer for Bare Foot Lakes Development) at 720-283-6783 to determine if excess soil is available. 4 B. MEASUREMENT AND PAYMENT REVISIONS The following measurement and payment items have been modified or added to the Contract. Bid Item 202 -REMOVAL OF STRUCTURES AND OBSTRUCTIONS: Measurement and Payment for this Bid item will be based on the actual number of tons of material delivered to an approved registered landfill. The Contractor shall supply the Engineer with weight tickets from the landfill at the end of each day that debris is hauled from the site. Bid Item 506-18" RIPRAP TO FILL IN VOID AREAS: Measurement and Payment for this Bid item will be based on the actual number of tons of riprap delivered to the site, placed in accordance with the contract documents, and accepted by the Engineer. The Contractor shall supply the Engineer with weight tickets at the end of each day that 18-inch riprap is delivered to the site. 5 C. BID SCHEDULE REVISIONS Following is a description of the modifications to the bid schedule. The modified bid schedule is included on two pages following these descriptions and shall be used by all Bidders: Bid Item 202 -REMOVAL OF STRUCTURES AND OBSTRUCTIONS: The units have been changed from Cubic Yards to Tons. Bid item 603-18 INCH REINFORCED CONCRETE PIPE: The item has been changed from 18 INCH REINFORCED CONCRETE PIPE to 15 INCH REINFORCED CONCRETE PIPE. 6 W V CZ aQ J J a � i_ 0 0 C i— . to ea 69 64 69 69 cfr ca 69 69 WW CeQ a _,, co F•- J° d z 69 69- E9 69 C9- z LLI r N —0 Wa' O 0 2 a F- z D in co If) in O O N = Z N O O ,-- a o co N N co co co r w Q ,- CO In CO .-- `r- .r. Cr) M d ~ Z >- >- >- >- L U L >- L.L.< LL L 0 0 L > >- a 0 0 0 0 0 w J -J -J < < C/) U J C) 0 F.)I- F- U C CSI Q a Q) E J tu- III N a N f Z — 0 a In E a� w 0 © Et Q i O Z U E Q F-I ro m a Lu co Q ZO o Z 0 L Q CD Q (o ' a Lii U O Q 1 o W F- J V Q _ 0 N -t-3 OJ O �� W w < Q _J_J Q y a �[ Q > m 0 U > L.LI LL a Z F- a > Z OZ CI D U F- Y CD w E L1.1 L[ -� C] = W (� w Q Y Z a) _o Q E 0. LL m > >' a ¢ vv) ~ LLO aW z w p Z F i u 0 a lO O OF" L w cc 'd �. 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O D E O a a z m Li.. mz co ,— N , r- d- co N a D a Q s_ Z J LU J LU _I -I W W I o LL CO n O 0 E Z CD 'fl Z m LU.] O I Q a T0 _ O � f-- CD F N a Z CO < Z z W F8 a;▪ Z F- U- ZZ CO L1.I 2 Q co CC W o ff Q l— I— 1l? o C� P ' 0 Lri C) To N o a z 7 < Z ca W c, W v o o c9 W O 0ci W N 0 m > t Q C Cl) J W O Cl) Z O O M O W Q co W D O Q 0 CO Z 0 0UJ 2 CC 0 W F CO U) E6 • WZ Z I- cc Z COV ~ O " ~ Q 0 0_17- o o Z z 0 O Ill ..: a2J >- 0 0 ~ 0 0 cc m cc Z 00 co <1 OK H - I—cr `i Z C0 Z 0 s cc W F— U) � Z 1, c)i }W-- Z a } z z 0 O Q Q Q OF vim) UO 2 U I— U u co d• to O In CO O O O O O LU 0 O O O N N N CO CO CO U7 O H Z CD CD CD CD CO CO CD CD to CD t` i I NOTE: The following are items of work to be completed by Weld County: • Materials Quality Acceptance Testing • Construction Inspection RECEIPT OF ADDENFDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. Date: By: Addendum No. Date: By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. SIGNATURES: Dated this day of , 2014. FIRM NAME: BY: TITLE: BIDDER'S LEGAL SIGNATURE: STATE OF INCORPORATION: ADDRESS: TELEPHONE NO: FAX NO: ATTEST: BID NO B1400086 Page 13 D. DRAWING REVISIONS The following drawings have been updated and are added to bid addendum one: Sheet 2 of 12. There is a large void under the existing grouted boulders downstream of the sheet pile cutoff wall. A note has been added to this drawing to allow the Contractor to break the existing grouted boulders downstream of the sheet pile wall apart and push them down into the existing river bed. Additional 18-inch riprap will be added on top of the boulders to bring the surface to the proposed grade. Breaking the boulders apart and pushing then into the river bed will not be measured and paid for separately but shall be considered incidental to the bid item for 18-inch to fill in void areas. Sheet 13 The detail for grouted riprap is hereby added to the contract documents. The grouted riprap will be used to fill in the voids under the grouted riprap upstream of the existing sheet pile wall and to create a seal along the upstream edge of the sheet pile wall. 9 I w o \ KUw 1. d ¢rcw U' \ Jew n - �!o J ai IN C 4 _ III �\ \ Q \ \ Inin z 0 co l a w a6 o Wm - 0 wo zo 311 coo tea o r, jul a 8 #) ma iw a o w 00 izo - 0-oJQ W aLL w!-a REq H Ii woo F 6 Q „n o 8 tt J r r,q Oo p Z t !m0 aYu�mm az 0r ¢ mwr0 p�A' ¢o o� a w'oo. }3FaW= az a 00"a z M ra 4F saw 0c Owd a Z Xa IZ a0p_' Q j32 , B K X00 n,o P( 0E Jm� " bBB Qp CC ¢J f1. 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L 0 f! a W- iib ...4.'.7- 47; -o rcrc� Xvii ! a 0 ~ V W ao "; a_ o QZ N o 0 + :r ow o � ZOoo ;.. . o Y Y ix IT- 1 V\ . $ n F3 r� � W D 1 Q U e o z z > O Jd CVO S 0_ lx.._ 1 e a N 6 LL 6 re , , i$ 5 E. PRE-BID MEETING MINUTES I' llit �— Project Name: EM-BR9.5-25A . , Lc . I) . -� ., Bid Request No: B1400086 G to LI NTY Bid Date: April 10, 2014, 10:00 am INTRODUCTION AND ATTENDANCE ROSTER • Introductions—See attached attendance roster • It was noted that a site visit will be conducted with all interested Contractors after the meeting CONTRACT DOCUMENT COMMENTS A. Bid Opening 1. Bids will be accepted until 10:00 am. on Thursday, April 10, 2014. Bids must be complete and signed and shall be submitted to the SEMSWA receptionist. Bids submitted after this time will not be accepted. Bids will be opened and read publicly aloud in the SEMSWA offices following submittal of the bids. 2. Bid Addendums must be acknowledged on page 13 of the Bid. B. Schedule 1. Contract Time of performance is 30 Calendar Days from Notice to Proceed 2. Following is the anticipated schedule: Bid posting to Rocky Mountain March 31, 2014 Mandatory Pre-Bid Meeting April 04, 2014 Bid Opening April 10, 2014 Presentation to BOCC April 14, 2014 Notice of Award April 14, 2014 Notice to Proceed April 14, 2014 Project Completion May 13, 2014 OVERVIEW OF PROJECT 1. ICON Engineering, Inc. is the design engineer. 2. ICON Engineering, Inc. will provide construction observation. Weld County will also observe the work. Materials testing will be provided by Kumar and Associates through ICON Engineering, Inc. 3. Part of the project is located on Private Property and a temporary construction easement is pending. Work will not begin until the easement has been obtained. 4. The general work consists of: a. Removal of 55 CY of Structures and Obstructions b. Import and placement of 8615 CY of Fill c. Installation and Maintenance of Erosion and Sediment Control d. 18 CY of Steel Reinforced Structure Back Fill (Concrete Flowfill) 12 e. 1586 SF of Steel Sheet Pile (PZ-27) f. 75 CY of 12"-18" Riprap (Salvaged) At the Bridge Abutment g. 82 LF of 12" Grouted Riprap Along Drop Crest h. 480 CY of 18" Soil Riprap i. 312 CY 18" Riprap To Fill In Void Areas j. 37 LF of 15-inch Reinforced Concrete Pipe with one Manhole k. 21 LF of Guardrail, Type 3 W-Beam (Transition) Type 3 H) I. Traffic Control m. Water Control n. Seeding and Mulching Bidders shall be aware that work in waterways is subject to flooding, streamflow inundation and ground water inflows The contract does include an Act of God clause and the Contractor will be responsible for damage caused by flooding. Contractor are encourages to have Builders Risk Insurance. PERMITS REQUIRED 1. USAGE Nation Wide 404 permit—This permit has been obtained by Weld County. The Contractor shall comply with all Special conditions and requirements of the permit. A copy of the 404 permit is attached to this addendum. 2. Construction Dewatering Permit from the State of Colorado 3. General Permit for Storm water Discharges Associated with Construction Activity from the State of Colorado. 4. Right-of-way Permit from Weld County. 13 £Nr o� a �ry�� DEPARTMENT OF THE ARMY '.' \I I o��n CORPS OF ENGINEERS,OMAHA DISTRICT w A ez � DENVER REGULATORY OFFICE,9307 SOUTH WADSWORTH BOULEVARD a : %iIII i,.' M LITTLETON,COLORADO 80128-6901 „ �`` March 21,2014 Richard White, P.E. Weld County Public Works 1111 H Street Greeley, CO 80632 RE: 2013 Flood—Emergency Bridge Repairs to Structure WEL 09.5-024.58 along Saint Vrain Creek,Weld County,CO Nationwide Permit Nos.3 and 45,Corps File No.NWO-2014-679-DEN Dear Mr.White: Reference is made to the above-mentioned project which is located at 40.174676,-104.979493 within Weld County, Colorado. You propose to restore the bridge to pre-flood conditions, replace scour protection along bridge abutments,restore uplands and stabilize stream banks to pre flood conditions. No excavation in undisturbed soils will occur. As a result of this project,permanent impacts will occur to approximately 200 if of channel along Saint Vrain Creek. Based on the information provided,this office has determined that the work within Colorado is authorized by the Department of the Army Nationwide Permit Nos.3 and 45, found in the February 21, 2012,Federal Register. Enclosed are fact sheets,which fully describes these Nationwide Permits and lists the General Conditions and Colorado Regional Conditions,which must be adhered to for these authorizations to remain valid. Nationwide Permit No.3 (Permit#NWO-2014-679-DEN) Special Conditions: 1. To ensure your project complies with the Federal Endangered Species Act,you shall implement as many conservation measures as practicable from the attached Recommended Conservation Measures to Avoid and Minimize Impacts to the Preble's Meadow Jumping Mouse (Zapus hudsonius preblei), the Ute Ladies'-tresses Orchid(Spiranthes diluvialis), and the Colorado butterfly plant(Guara neomexicana spp. coloradensis)from Emergency Flood Response Activities Along Streams, Rivers, or Transportation Corridors. 2. You shall also complete the attached Emergency Flood Response and Rehabilitation Activities Emergency Consultation Tracking Form, including required maps and photographs, and return it to the Denver Regulatory Office within 60 days of completion of authorized work. We have prepared a Preliminary Jurisdictional Determination(JD)which is a written indication that wetlands and waterways within your project area may be Waters of the United States(attached). Such waters will be treated as jurisdictional Waters of the US for purposes of computation of impacts and compensatory mitigation requirements. If you concur with the findings of the Preliminary JD,please sign it and return it to the letterhead address within two weeks. If you believe the Preliminary JD is inaccurate, you may request an Approved JD, which is an official determination regarding the presence or absence of Waters of the US. If an approved JD is requested,the Corps will complete one and you may not begin work on the proposed project until after the Approved JD is complete. Although an Individual Department of the Army permit will not be required for this work,this does not eliminate the requirement that any other applicable Federal, state,tribal or local permits be obtained as required. Please be advised that deviations from the original plans and specifications of this project could require additional authorization from this office. The applicant is responsible for all work accomplished in accordance with the terms and conditions of the nationwide permit. If a contractor or other authorized representative will be accomplishing the work authorized by the nationwide permit on behalf of the applicant,it is strongly recommended that they be provided a copy of this letter and the attached conditions so that they are aware of the limitations of the applicable nationwide permit. Any activity which fails to comply with all the terms and conditions of the nationwide permit will be considered unauthorized and subject to appropriate enforcement action. This verification is valid until March 18,2017(expiration date). In compliance with General Condition 30,the attached "Certification of Completed Work"form (blue) must be signed and returned to this office upon completion of the authorized work. The Omaha District, Regulatory Branch is committed to providing quality and timely service to our customers. In an effort to improve customer service, please take a moment to complete our Customer Service Survey found on our website at htto://corpsmapu.usace.armv.mil/cmapex/f?pzegulatory survey. If you do not have Internet access,you may call and request a paper copy of the survey that you can complete and return to us by mail or fax(Completing the survey is a voluntary action). If there are any questions,please call Mr.Donald Bole of my office at(303)979-4120 and reference Corps File No.NWO-2014-679-DEN. Sincerely, /SIGNED/ Kiel Downing Chief,Denver Regulatory Office Enclosures Copies Furnished: U.S. Fish& Wildlife Service Colorado Department of Public Health &Environment Environmental Protection Agency Colorado Parks and Wildlife 2 EXHIBIT B CONTRACTORS RESPONSE TO COUNTY'S REQUEST FOR BID 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: PROJECT EM-BR9.5-25A 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. BID NO B1400086 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. It is understood by the Bidder how Bids shall be awarded and that 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. 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. BID SCHEUDLE (ANTICIPATED) Bid posting to Rocky Mountain March 31, 2014 Mandatory Pre-Bid Meeting April 04, 2014 Bid Opening April 10, 2014 Presentation to BOCC April 14, 2014 Notice of Award April 14, 2014 Notice to Proceed April 14, 2014 Project Completion May 13, 2014 A mandatory pre-bid conference will be held on Friday, April 4, 2014 at 10:00 am at the Weld County Southwest Service Center,Small Conference Room,located at 4209 CR 24.5,Firestone,CO 80504. There will be an opportunity to visit the site after the pre-bid conference. -- - BID NO 61400086 Page 10 A LO\ oUj Fo- (3\ A ,,,1 ,3\ (),,i .1 ji %\. 2\ \ °, ,3I ° � M �- �' N a a1 16 De a °l °C nk t\ I I ©I �1 X10. 1 0l '6! �l zl ` 0N! N N - - �s X w q -5 ,•$ S� S ✓ i L /CZ C-f j J Z M 7 .c ,c '2 v '2) j 'C (f) V) -\ni V a "4-- al 'r -' Y s <4a S fi U7 O O ED U' O N CO _ m r co Cp N L.O Co N. el ,r /0� N 'Cr Cf) a ~ z >- >- >- >- a U LL U. O O it 9- u_ >- >- z O O O O O W J J J Q Q (f) O -1O O I— iii I- c coo Ui w? W O in fli Q, - W v O O U) CIo a) WO �' ❑ W Q a°• O a O co CC co Cl) co Z U Z W s I-- :t-'- Z ❑ o • ® W O . V U ^ Q O 01 iTi -1 O v Q J a. � W U > W iL a 0 'I a > a z z O ❑ D U }F- Q T W E W al J 0 _ 2 c � X Ill < Q 2 Z N J .-. O J_ (q a _i m O F - z ❑ F-- m • O C9 Z ≥v, v• °-( a , a co L-Q W Z W H- Q '2 - W Ill a H _® oU (75 ft v F 0 J ? O ai- a QaQ '� co Y H J W Z Z O (? Z U) rf W Q J t Q I- J a an U) O u- U) a ❑ O _, 600 1- O Cl) a 2 (0 O0 m etJ a I I- O Q W -I Win Wm Z c4 Z I- = O W J C4 I— W n F- Nm N k) to MODEL W co LL I- > (7 W co co 2 (A 1- Q r 2 • N C9 CO CO N. CO Co CO Co N M v- CO CO CO CO W O O OOOOOOOO1- v- O O O O O I- Z N NNNNNNNNNNUILO U) In U7 A ' 0ulCa 0\, 41 \ 1' O' D\ 0\ c o aQ \A o 0 o p (8 o V) 43 o _, O o i` .k 0 © o c� 2 N 0 O 0 Tc„c ul U1 O cc t 69 ER 6s ER ER 69 ER 69. ER ER 69 �` O W W �I, v1 A t s• 0\ 0\ O T a L-) J q `� O � 0 °, 0� 3, o CD 0 e5 z 0 1 cn . In U, 69 ., z "' to s C w _ c'-‹j -.4- Z I... 5 co) 03 4 - i � � 'A a0 o o T 61- v) v y / a � �.- _ 1 A z f ' N ,- r '--• Vtr2 fN N r Er) Q n a ZZ J LU J w CO CO UJ w I 0 LL 1U _ 0 0 P O Y citi a aill ¢ coTo c°Av a z co :=71 . z Z O a� w i® a) Z H L 0 w M Q al i- Q I-- I- co CL Ln m 0 D cz 0 g I Z ¢ Z GI w 2 6 cz O m } a p Q Ci W U o w uy o r m Z ~ Z n 0 LUU Q co LLUU = C7 Q U CO 2 O p a H Z cn w 0 F" W a J Z Z ✓• _ u. ri 5 Z 0 !- 0 to z v _i IQi r r r- O Z U G al LL1 - >-. = H = U (.- 0 fY m —IOC = CC W N LL' U Z O = O Celli ¢ H = Q Z d z Q Q 2 � H CO coU? Ili `r' < 0 ti- UQn 0 2 0 I- g IL M <t CO O cn CO O O O O O w• 0 O O O N N N to to co c0 O }— Z O O CO CO cO c0 CO CO (O CO {� 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. 9 Date: Apr, I E3 , 2_019 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: ` i Dated this + °O � day of r e , 2014. FIRM NAME: rk- - r0 ContS+rtiJtorS C . BY: 62rn; c Hef!' mFn in TITLE: a, 4--ei)ionizze CtrA i!lt BIDDER'S LEGAL SIGNATURE: /Date"( STATE OF INCORPORATION: Y/,� •C o\a r7�c 3 a ADDRESS: � I $� L L S EIc,n�Ta A gcod I -�- SlurAC co 90509 TELEPHONE NO: 303 LI S S 2-405c) FAX NO: 303 G 007Z ATTEST: BID NO 81400086 Page 13 Bond No. F011347 BID BOND PROJECT EM-BR9.5-25A Flatiron Constructors.Inc.,a Delaware Corporation KNOW ALL MEN BY THESE PRESENTS,that 10188 E.1-25 Frontage Road,Firestone.CO 80504 -as Liberty Mutual Insurance Company.a Massachusetts Corporation Principal, and 175 Berkeley Street,Boston,MA 02116 as Surety,are hereby held and firmly bound unto Weld County,"Colorado"(hereinafter"called the "Owner") in the penal sum of Five Percent of Total Amount Bid**************** """""""`"" **"""""""""""""**"" Dollars ($ 5% __.),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 April 10 , 2014 for the PROJECT EM-BR9.5-25A 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 8th day of April ,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 Flatiron Constructors, Inc. Address 10188 E. 1-25 Frontage Road ATTEST: / / I Firestone, CO 80504 By: 9i ' 7 ' 1 /7 /I By: / , , ,�' '�C s4- , Surety Liberty Mutual Insurance Company Witness: c--...' 175 'er eey.St., estop, MA 02116 `�—� Address Maria L. S trlac 11ni, A or -In-Fact ary j clKee, Attor ey- n-Fact BID NO B14000 6 Page 14 CORPORATE ACKNOWLEDGMENT Form 152 STATE OF NEW JERSEY COUNTY OF BERGEN On this 8th day of April 2014, before me personally came Mary R. McKee to me Imown,who,being by me duly sworn,did depose and say that she/he resides in Saddle Brook,NJ that she/he is the Attorney In Fact of Liberty Mutual Insurance Company the corporation described in and which executed the above instrument that she/he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/his name thereto by like order. (SEAL) A'1 Esther Caban 'Notary Public far New Jemmy I My Commission Expires February 18,2019 _� \`1 Liberty LIBERTY MUTUAL INSURANCE COMPANY Mutual. FINANCIAL STATEMENT—DECEMBER 31,2013 SURETY Assets Liabilities Cash and Bank Deposits $1,118,180,550 Unearned Premiums $5,940,431,054 *Bonds—U.S Government 1,888,225,943 Reserve for Claims and Claims Expense 17,305,063,560 Funds Held Under Reinsurance Treaties 212,659,311 *Other Bonds 12,039,490,815 Reserve for Dividends to Policyholders 1,226,236 *Stocks 9,030,962,112 Additional Statutory Reserve 63,348,980 Real Estate 251,301,907 Reserve for Commissions,Taxes and Agents'Balances or Uncollected Premiums 4,781,042,931 Other Liabilities 5,826,683,629 Accrued Interest and Rents 149,855,386 Total $29,349,412,770 Special Surplus Funds $55,686,852 Other Admitted Assets 15,216.749,451 Capital Stock 11,250,000 Paid in Surplus 7,898,288,167 Unassigned Surplus 7,161,171,306 Total Admitted Assets 54-. 475.809.095 Surplus to Policyholders 15,126,396,325 Total Liabilities and Surplus S44,475 809 095 iNSUg N)**APO 4'frr 4 : re * Bonds are stated at amortized or investment value;Stocks at Association Market Values. r 1912 3 The foregoing financial information is taken from Liberty Mutual Insurance Company's financial �`o •vsrAn „/I statement filed with the state of Massachusetts Department of Insurance. I, TIM MIKOLAIEWSKI,Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true,and correct statement of the Assets and Liabilities of said Corporation,as of December 31,2013,to the best of my knowledge and belief. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Corporation at Seattle,Washington,this 20th day of March,2014. Assistant Secretary 5-1262LMIC/a 4/13 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No.6423898 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Alice McLaughlin;Maria L.Spadaccini;Mary R.McKee;Nicholas F.Walsh;Sherryanne M.DePirro all of the city of Woodcliff Lake ,state of NJ each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall I be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this.Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed I thereto this 23rd day of January 2014fa A•-"--•- • �� 4.,. »_ American Fire and Casualty Company ��' ziiii &hi ,,z•;.1;'=':4*.:,. ,'S/`'-='' The Ohio Casualty Insurance Company tn /ii. ' 1 r -' i' , ( Liberty Mutual Insurance Company d (e! fy°, 181 t.` 1919 VG' -,1 1912912 ig r: 19'91 f+ West merican Insurance Company w 05 \. i/ a s ✓ .O cu \<,..e.,...,,, .,' ".,..�.-r� '.... W..,,.,.° By: 4 mow__ David M.Careyssistant Secretary C STATE OF PENNSYLVANIA ss RI r 1 COUNTY OF MONTGOMERY c O mco On this 23rd day of January , 2014, before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire v H cs d and Casualty Company, Liberty Mutual Insurance Company,The Ohio Casualty Company,and West American insurance Company,and that he,as such,being authorized so to do, W p e. •execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. E m > IN WITNESS WHEREOF,I have hereunto subscribed-my-name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year fir/s�stttabove written. o IS Y ti�^y s 4 ;^,�S IUfiv. .'il i' .L d�r3ls? LLB I�(�[�L�J Q M y , r^, _. 5 r.,a, Oi,sjy C1,'S E T i(J3-.. -S,al t-----21.640 • C X417 a,. ��s. I R,esn Pa:-. .ia,N4-,,Z-sr,,?_1.;, I By: O d1,'.' / ptynrn 61 T:;p..P;ar,mamasy Cowl I Teresa Pastella,Notary Public d C O �. OF ri ) Nly cArr rn,mian Expires March 2e.2017 1 t0 d i_ f. '', ,. I ';-'n'ce.',Pc"in9'ii':a,t'fi:*•;xi tics of`•' te: O E . O a; \ J �`J, ,.c as 0:1 L This Power of Attorney is made and executer ft a tt`d d;&cptittfority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance w Q f N Company,Liberty Mutual Insurance Company,a i West Riiieylcan Insurance Company which resolutions are now in full force and effect reading as follows: r 0 os L ARTICLE IV-OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O c -I d to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, ai O E acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective :a 3 E ai powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so -ea-0 ot executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >a 1" the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. set To C ARTICLE XIII—Execution of Contracts SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, E ac > and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, L M 0 3 seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their c oC Z V respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v executed such instruments shall be as binding as if signed by the president and attested by the secretary. O cc of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact I—,L— Certificate as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed �S the seals of said'Companies this tday of u' ,20 /r ,�/4.,.';',-,4(.7T.,—.--,14‘�l'{ "`> a,4f'� 'i rS. ��, �St�+ � Jr f'� j ,paJ-'` cry R ^J'3IS2"',,��\ a ^. �..,� (.11:://' r f ,n at r °1Sy: 71 \ ;; ,' ; Gregory W.Davenport,Assistant Secretary rly\ ),-., az.Dit `[t, ��° v&�y�''• sot ` X r.,a /� sr w S;: 1 T`� r ?er A.'Y,{ 1, • 142 of 500 LMS_12873_122013 INSTRUCTIONS The full firm name and residence of each individual party to the bond must be inserted in the first paragraph. If the principal is a partnership, the full name of all partners must be inserted in the first paragraph which must recite that they are partners composing the partnership(to be named),and all partners must execute the bond as individuals. The state of incorporation of each corporate party to the bond must be inserted in the first paragraph and the bond must be executed under the corporate seal of said party attested by its secretary or other authorized officer. Power of Attorney must accompany this bond when signed by other than an officer of either the principal or surety. A standard printed bond form may be used in lieu of the foregoing form provided that the security stipulations protecting the Owner are not in any way reduced by use of such standard printed bond form. BID NO B1400086 Page 15 Form .9 Request for Taxpayer Give Form to the (Rev.August 2013) Identification Number and Certification requester.Do not Departure'of the Treason( send to the IRS. Interred Revenue Service Name(era ritwan oil you income tax rotten) LET,►e L`n.) 'ONS i,(G771,2$,_ 2_ NC- N &air ess name/diaeyarded entity name,it diffetenl born above w a rflechap,pnq mists bur bx federal laax{dassilivaliom Exemptions(see instructions): n •lnrilvldtarbce,le prepfieter ICS:Corporation O S[:alpwaNen El Partnership U Truist/eshite i s I Fxeetmpt payee cede ea flay) g n i.ambit liability iwepiety.Enter the;fax r1•cnrilmatio n(CmC corporation.ration.Sail corporation,Pyparlitrr lmip)► -• Exeimpiial from FATCA reporting • cork,(a any) C Lt Other(see iulstiuctiar r)► Address(number,street,and apt.or suite no.) Requester's name and address(optional) a /Oh' RS 2-ZS rd-n 5-e ,cf City,state,and ZIP code Teesfane rCO go Sow' List nrcoadnrxnbrA(c)hero(optin(optional) Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on the`Name"line I$clot security number to avoid backup withholding.For individuals,this Is your social security number(SSN).However,for a resident alien,sole proprietor.or disregarded entity.see the Part I instructions on page 3.For other - entitles,it is your employer identification number(EIN).If you do not have a number,see How to get a T)N on page 3. Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose Emptoyar identification number number to enter. - / z T(D D a Part I( 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 fore number to be issued to me),and 2. I am not subject to backup withholding because:(a)I am exempt tram 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 alt interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding.and 3. I em a U.S.citizen or other U.S.person(defined below),and 4.The FATCA code(s)entered on this form 01 any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have foiled 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),end generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions on page 3. Sign Signature of Here u I/l8//7( s.parson). General Instructions withholding feu on foreign partners'share of effectively connected inane,mid 4.Certify that FATCAcode(s)entered on this form(i an)indicating that you are Section refs re riemrr are to the Weiner Ilev nrur Code unless Mire, li m rioted. w(ompt From the FATCA reporting,ra correct. Fuhra developments.the IRS has merited a patio m*HS.Ilov tar information Note.If you are a U.S.person and a requente ppivees you a form other than Forts about Form W9,At wLVIV.il*.y'r wg.kdomatinn about any future developments W 41 to request your tIN,you must use the requester's form it it vs substantially affecting Form W-0(eudl as legislation enacted ted after we whoop)it)will be parted similar to 0116 Form W9. ul thteer page. Definition of a US.parses.For federal tax pulpeses,you are consideied aU,$m Purpose of Form person it you are: A person oho Is required to Moan information rerun with the IRS must obtain yore •An individual who us a U.S.chirp or I J.S.rwatunt alien, correct taxpayer identification number(h11'tr to report.ler example.nxetmo paid to •A partoersltip,couporaliout,rrxrlpnny,or association created at organized an the you,payments made to you In settlement of payment card and third party newer k United States or under the lags of the toted Slates. it nsacticns,real estate transactions.mortgage interest you paid.acqusltion or •An estate(oilier than a klmtgn est:,te),ma abandonment of secured property,cancellation of debt,or contributlorts you made •A dnrnavlic heist!era defiers'in Regulations sectiexl307.770i-�. to en tHA use form W-9 only it you cue a tr.S.person(mauling a tosideof:Lem),to Special rules for partnerships.Prmrtnershipes that conduct a trade or business in provide your correct 1 IN to the person requesting it(the rcqucstcl)and,y ehe.n the united States are generally required It,pay a w1tithdrting tax under section appllrahtr.,to, 1446 an any(deign partners'share of effectively connected taxable income holm stash brmine-sv.Further,incrmtain caves whore a Form W-9lvo not been receiver. 1.Codify that dm(IN you are giving ra cmnd(or you err,wading ter a samba the toles under section 14413 require a pantnereltipp to presume chub a partner is a to be rsatxd), foreign poison,and pay thte:motion 1446 withholding tax.Therefore,if you aro a it.Corley that you run mat subplot to backup withholding,al U.S.person that is a partner inn puennatahip concluding a bade or business III the 3.Claim exemptionfrombackup wilhlxllrfing if you are fl I'S.exempt payee.If tasted Sutton,prowl')From W-9 to the prnmertivp to oamabbsh your i.0 S.stattm applicable,you am also comtilyarn that as a U.S.person,your allocable-shTam of and pearl section 14411 withholding on your shale of pAfllYernlAp IrlMlmle. any paitnerahip income from a U.S.trade Of business k not,lutgect to the Cal.No.10231X Form W-9(Rev.8.2013) BID NO B1400086 Page 16 STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: Apr : I I O 2,01 /-1 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 der (ComanyorFi FIm-I-, fvn G0nS+fvv�O( S, Inc - (Company or Firm): 2. Permanent main office address: 1 o 82, E . a - 15 Er r °n to,3k`k 'Q`o r�J Ect 5-Vont , CO 8O 50w Phone Number: 30 3 t"IBS - H 0 5 Fax Number: 30 3 776) ` 00 7 2, 3. Year Company was organized: I H 7 4. Number of years this Company has been engaged similar construction: 2H y emr 5 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: 1- 2. 5 mo,rw.eR ) Lo,ntc $ 1-1Z03`i , L-l57 .4vnt ,ZOUo S H `1H onr SJ1/4/-1' In Fla Iles -7, ► o B 17 8LI Nov. zO1t-i 1.-70 is: � L Ik+crck t, $ Q )HI G 177© 6h Zo1L 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. n o n-C 7. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. nO n 'C- 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. r\ont BID NO 61400086 Page 17 9. List all contracts within the last 3 years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. non e 10. Has any owner, as party to any of the Company's contracts within the last 3 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project,etc.,or attempted to have the performance bond invoked? If yes, explain in detail. n on-V 11. Describe all contracts that the Company failed to complete. hoot 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. In n-C 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: I^art rntr OcpvIn Ii F 1OOd Rtpc rS — U 5 3L.. Location: S 73 H D r oN �c,t C, 0Supt: S w l�l 1 S rt l 5on Owner's Representative:To d li 3 Q F " � S Phone:9)o 41S S 1 SO Completion Date: A?r' t r ZO O Contract Amount: 365 OOO Project Name: C I t e\ wood C �O Q®Gk l_o\ U L� Location: e1tnWvou' CGn ,lOn Supt Sco Il 5IL tilSv ✓1 Owner's Representative: — ® E I sen n Phone:9 70 3B9 - 3332, Completion Date: May 2--0 I O Contract Amount" ) 3 OO) 000 BID NO B1400086 / Page 18 Project Name:: \�/ e, 1 tmLO n 1 I l R O 4 \ �@ l v e n i ✓� VV R } ✓1 Location: Vz^ lwo � 1.il IZOc -4 ) Cr) CO Supt: c S .,o �J-f2i30J� Owner's Representative: V V Ni Y1 L E l 15 Phone: .303 H99 9 H! G Completion Date: nt2-0 } Contract Amount: 12-O " 5 14. List all of the subcontractors the Company intends to use under this contract,the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING,A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15% OR MORE OF THE WORK. SUBCONTRACTOR WORK DESCRIPTION % OF WORK Q0c1ky lelovtlA.,;4! IIrk)6CG S2eJ 1-and 5C-cn : 0 tG 50C1 n Ft h cc- G1/416\11 If i7 V G '. f S� f (n e S\� ® . _ 6/0 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 5 'A Arnim pr;Sec* rn ar 2- 3 c--0 :'�ISv veeri *�'I? r� zrjl 2-7 Denny gteve5 �,) ftmo, :'l 32.- 16. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. \_ \ e ,s \i �=5 Se e c.�cc.cvne� Se BID NO B1400086 Page 19 The undersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. 4h g Dated this ® day of ' \rr , 2014. Bidder: F.1al-CI-0e\ Coins fvL Ior 1V1C: . Company By: /14/A-c? Signature Name: /ern1e !-y /..A.nos ei p (Please Type) Title: VP " ASS Steer u yl/ NOTARY County of LtUe,( & ) �', ) ss. State of LI O rk C`''O ) Bern } H Q-c r n being duly sworn,deposes and says that p j he is V. • r; ilCA�nC 4 Asst. stcrc.iwry of F oe�F� fon COnS-trV�,4t�r5, in 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 ` O - day of fir rd , 2014. DENISE KASSEL (SEAL) NOTARY PUBLIC,STATE OF COLORADO My Comm. Expires May 6,2015 • (9.1 1 SComissn Expires Notary Public BID NO B1400086 Page 20 NOTICE OF AWARD PROJECT EM-BR9.5-25A To: Project Description: The project in general consists of construction of temporary drainage improvements along the St.Vrain Creek at County Road Bridge 9.5/24.5A and a grade control structure as a result of the flood event that occurred in September 2013. Specific work items include: removal of miscellaneous rock,boulders,grout and debris,import of soil,channel and bank grading, placing flow fill around existing bridge abutments,installation of bedding,riprap,erosion control blanket,driving steel sheet piling,seeding,mobilization,and dewatering and water control for construction of the project.This project is not subject to Federal or State contract requirements. The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of$ 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 , 2014 Weld County, Colorado, Owner By Clay Kimmi, P.E., Project Manager ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this day of , 2014 By: Title: BID NO 81400086 Page 21 C 0 po 0.0 OD N C C C 9. G -• a co a 0 . Q w ▪ a 2 c m a 3 a O Q' 6 O '- 4- y0 - a a LO Q.3 N 3 E "- m c .� o E E m E by N �_ a 0 et et w DO Y U pp U C) o v c m 3 s m O L- O a a O Q m ° S m W N m Q C N 'Q U) C La O La u a pap •- Q 3 .0 C) a 8 ccE Q .E N to N Y C a tO U Gay UI -, U U el E � E G f6 N VI C U 0 0 .Q 47, w• = = = O A Y a N N IA \ C C C Y 0 O O C U U U Ca C O O O w _ - ++ W N (p to O LL LL c OD C a C 7 O N_ "Q p) 3 a o = N_ VI C W O a N rp 0 o "- u N A• a+ 0 C C U a 0 0 m C U 'in C E• 'eB > 3 ai 00 1-- "... o U - w '= inc W Q ▪ N co 4-1 C a a O E H a w w in - I- PERFORMANCE BOND Executed in Duplicate PROJECT EM-BR9.5-24.5A Bond No. 015043562 KNOW ALL MEN BY THE PRESENTS; that Flatiron Constructors, Inc. (Name of Contractor) 10188 E. I-25 Frontage Road, Firestone, CO 80504 (Address of Contractor) Corporation , hereinafter called Contractor, and a (Corporation, Partnership, or Individual) Liberty Mutual Insurance Company (Name of Surety) 175 Berkeley Street, Boston, MA 02116 (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) Four Hundred Twenty Seven Thousand Four hereinafter called Owner, in the penal sum of Hundred Four and 75/100**************************** Dollars, ($427,404.75) ), 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 14th day of April , 2014, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT EM-BR9.5-24.5A described in the Invitation for Bids, Bid No. B1400086 NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default,then this obligation shall be void; otherwise to remain in force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PERFORMANCE BOND PROJECT EM-BR9.5-24.5A IN WITNESS WHEREOF, this instrument is executed in two(2)counterparts,each one of which shall be deemed an original,this 15th day of April ,2014. Flatiron Constructors, Inc. Contractor 8,2 Pi f e /4 . /4e-yrinciy,n By ce Secretary SY9flfffl/!/�� 0 R I. ... �40AT;;.4:cr. (SEAL) — o 1441,6tbed (Witness as to Contractor) %,,I E L�0, V J3 Ji Li_b1�Ut a (Address) iC/E Y' if- Fes - I©f S� rr. T-2s Fron)as e (Address) It t t .t , CO OJO(4 es-one , eD 'C5O 0 AN VINV0X WITNESS: y� �� 0 o,t„t_%_ ChAiA‘) (Surety); Va 9r (SEAL) Liberty'Mutual lnsur . e.Company By Vitriess as to Surety _ Mary R. McKee Marra L.Spadaccmr Attorney-in-Fact 300 Tice Blvd., Suite 250 North 300 Tice Blvd., Suite 250 North (Address) (Address) Woodcliff Lake, NJ 07677 Woodcliff Lake, NJ 07677 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. CORPORATE ACKNOWLEDGMENT Form 152 STATE OF NEW JERSEY COUNTY OF BERGEN On this 15th day of April , 2014, before me personally came Mary R. McKee to me known, who,being by me duly sworn,did depose and say that she/he resides in Saddle Brook,NJ that she/he is the Attorney In Fact of Liberty Mutual Insurance Company the corporation described in and which executed the above instrument that she/he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation,and that she/he signed her/his name thereto by like order. (SEAL) APIA L SPADACCINI NOTARY PUBLIC STATE OF NEW JERSEY MY COMMISSION EXPIRES MARCH 6,2018 Vic Liberty 7 LIBERTY MUTUAL INSURANCE COMPANY l\+P ` utu L FINANCIAL STATEMENT-DECEMBER 31,2013 SURETY Assets Liabilities Cash and Bank Deposits $1,118,180,550 Unearned Premiums $5,940,431,054 '"Bonds—U.S Government 1,888,225,943 Reserve for Claims and Claims Expense 17,305,063,560 Funds Held Under Reinsurance Treaties 212,659,311 "Other Bonds 12,039,490,815 Reserve for Dividends to Policyholders 1,226,236 *Stocks 9,030,962,112 Additional Statutory Reserve 63,348,980 Real Estate 251,301,907 Reserve for Commissions,Taxes and Agents'Balances or Uncollected Premiums 4,781,042,931 Other Liabilities 5,826,683,629 Total $29,349,412,770 Accrued Interest and Rents 149,855,386 Special Surplus Funds $55,686,852 Other Admitted Assets 15,216,749,451 Capital Stock 11,250,000 Paid in Surplus 7,898,288,167 Unassigned Surplus 7,161,171,306 Total Admitted Assets $44 475809,095 Surplus to Policyholders 15,126,396,325 Total Liabilities and Surplus $44,475 809,094 JP�1NSUq�i /avoiyr)^ * Bonds are stated at amortized or investment value;Stocks at Association Market Values. 1912,6, The foregoing financial information is taken from Liberty Mutual Insurance Company's financial o2�'vlrno Fa statement filed with the state of Massachusetts Department of Insurance. 1, TIM MIKOLAJEWSKI, Assistant Secretary of Liberty Mutual Insurance Company,do hereby certify that the foregoing is a true,and correct statement of the Assets and Liabilities of said Corporation,as of December 31,2013,to the best of my knowledge and belief. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Corporation at Seattle,Washington,this 20th day of March,2014. Assistant Secretary s-1262LMIC/a 4/13 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT iS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No.6423958 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty insurance Company. West American insurance Company • POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of . the State 0f New Hampshire,that Liberty Mutual insurance Company is a corporation duly organized under the laws of the State of Massachusetts;and West American Insurance Company ' is a corporation duty organized under the laws of the State of Indiana(herein collectively caned the'Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint,.- .Alice McLaughlin;;Maria L.SpadacOinl;Mary R.McKee;Nicholas F.Walsh;Sherryanne-M.DePirr i i • all of the city of Woodcliff Lake ,state-cif.NJ • each individually if there be more than one named,its true and lawful atfomey-in-.fact to make,execute,seal,acknowledge •and deliver,for and on its behalf as surety arid its�actAnd deed,arty and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be es binding-upon the Companies 33 tf theyhave been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Powbr-ofAttorney has been subscribed by an authorized officer or official of the Companies and'the.corporate seals of the Companies have been affixed thereto this 93rd day of January 2014 > American Fire and Casualty Company 73 t. 6 �j �,�—ltY!�> . `Sit,t irdSfJt#A. • • `% '% /\ li.: , c l .w ' • The Ohio Casualty Insurance Company ch o Liberty Mutual Insurance Company • G (4'''/'•,1°H".I'74;.0O ',sQs rasa ! 1912 g 1497 I West erican Insurance Company C y'� % t t ♦ � to ;�y�::i� r� �fi eq V5� , 'y rc,tf. 'r cu . STATE OF PENNSYLVANIA ss David M.Carey Assistant Secretary a r4 COUNTY OF MONTGOMERY ,m o mcp On this 23rd day of January , 2014, before me personally appeared David.M. Carey, who acknowledged himself to be.the Assistant Secretary of American Fire v I.- 0 co and Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,and West American Insurance Company,and:.that he,as such,being authorized so to do, ›,(0 p execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as'a duly authorized officer. d > IN WITNESS WHEREOF,I have hereunto subscribed nxnamkand affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year firs t above written. ® to d= /`.'t .."'`'.q,.'')`- LL>T�IPnt) { a! `�al`of tv pS�L:_ 5i V ` Y✓ l G,y •t,s3 ACA. 'A I Ter a . e:€a,A,�'.- i..'c ,I.2 ""^_ 'O t 04 Cl) , G? 5 i Phenol;iil tYrZ.,ivlu 55emery Cnu:":i; By: y t Teresa Pastella,Notary Public d C O 5. } i t h!y ConiirLsairm Es" erch 2i3,20;7 } cg ^" " ..r p s ,., Mvr,`ar.Pun:•f e _oei''�;r!o" 'o:,'ter-' o E N t ej r t_ co =m This Power of Attorney is made and executed purl ;li thority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance to oi, Company,Liberty Mutual Insurance Company,Ind tA€nnt iean Insurance Company which resolutions are now in full force and effect reading as follows: Ca u) on co E ARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized forthat purpose in writing by the Chairman or the President,and subject A c ES to such limitation as the Chairman or the President may prescribe,shalt appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make;execute,seal, ,Y y o C acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective .E m. powers of attorney,shall have full power in bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so at t is executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authoritygranted to any representative or attorney-in-fact under >g " the provisions of this article maybe revoked at any by the Board,the Chairman,the President or by the officer or officers granting such power r authority. ,,N 'i a ARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings:Any officer of the Company authorized for'that purpose inventing by the chairman or the president, Ie o° > ` arid.subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, L M p.18 :seal,acknowledge and deliver as surety any and all undertakings,bonds,recogniaances.and other surety.obligations. Such attorneys-in-fact subject to the limitations set forth in their C Z P respective powers of attorney,shag have full power to hind the Company by their signature and execution of any sueh instruments and:to.aitachthereto the seal of the Company. When so 8 executed such instruments shall be as binding asIf signed by the president and attested by the secretary. p to I-- Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-In- fact as may be necessary:to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any.and all undertakings;bonds,recognizances and other surety obligations: Authorization--By unanimous consent of the Compamis Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with .the same force and effect as though manually affixed. • . • I,Gregory W.Davenport;the.undersigned,Assistant Secretary,.o€American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said •Companies,is In full force and-effect and has not been revoked. J IN TESTIMONY WHEREOF,i'have hereunto set my hand Arid affixed the.seals of said Companies this / day of ,20 /T . • `�k p'HD Cg44 s t'.''`Y IrdSUgv� • • . s . sit"v' U44+ • a• ryL4:1SU/b�. n t9J6 e Q 3919 . :.197?. 7447 3 By: o ' v ' Gregory W.Davenport,Assistant Secretary yh tat? rob 3t H av'�b .. I. Ta • °•. • ' 202 of 500 LMS 12873.122013: . Executed in Duplicate Bond No. 015043562 LABOR &MATERIALS PAYMENT BOND PROJECT EM-BR9.5-24.5A KNOW ALL MEN BY THE PRESENTS; that Flatiron Constructors, Inc. (Name of Contractor) 10188 E. 1-25 Frontage Road, Firestone, CO 80504 (Address of Contractor) Corporation , hereinafter called Contractor, and a (Corporation, Partnership, or Individual) Liberty Mutual Insurance Company (Name of Surety) 175 Berkeley Street, Boston, MA 02116 (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 Four Hundred Twenty Seven Thousand Four Hundred Four and 75/100*,,.***, * **.**.k.. ,*******************.*******,.. Dollars ($ 427,404.75*********:� *** ), 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 14th day of April 2014, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT EM-BR9.5-24.5A described in the Invitation for Bids, Bid No. B1400086. NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void,;otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. LABOR&MATERIALS PAYMENT BOND PROJECT EM-BR9.5-24.5A IN WITNESS WHEREOF,this instrument is executed in two (2)counterparts, each one of which shall be deemed an original, this 15th day of April ,2014. Flatiron Constructors, Inc. Contractor 4e✓V1 r e firma u cn By ��yt .r4A r°Q�e9rro,►/, L fogtosso Secretary ,4S1 R UC RAre�'f'�''; (SEAL) =a o e :cZi • ke tebj i, (Witness as to Contractor) 41,111 111 1 % (Address) WOIB' ' 6-- -f-aS F 1t MIS, 6 2S Froyfa e (Address) rftCS+n-e- , CO SOSOL fes)y-ie , (o 2o54 t/ ;M EM Witness: 41rw‘e 4.04444D 1 (Surety);�trcocx iflt (SEAL) Liberty jyllutLal InsuraceCompany By Witness as Su y Maria L. Spadaccini Atttney-in-Fact Mary R. McKee 300 Tice Blv .,Suite 250 North 300 Tice Blvd.,Suite 250 North (Address) (Address) Woodcliff Lake, NJ 07677 Woodcliff Lake, NJ 07677 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. CORPORATE ACKNOWLEDGMENT Form 152 STATE OF NEW JERSEY COUNTY OF BERGEN On this 15th day of April , 2014, before me personally came Mary R. McKee to me known, who,being by me duly sworn, did depose and say that she/he resides in Saddle Brook,NJ that she/he is the Attorney In Fact of Liberty Mutual Insurance Company the corporation described in and which executed the above instrument that she/he knows the seal of said corporation;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation,and that she/he signed her/his name thereto by like order. (SEAL) MA A L_ SPADACCINI NOTARY PUBLIC S ATE OF NEW JERSEY MY COMMISSION EXPIRES MARCH 6,2018 • Liberty LIBERTY MUTUAL INSURANCE COMPANY f `. Mutual. FINANCIAL STATEMENT—DECEMBER 31,2013 SURETY Assets Liabilities Cash and Bank Deposits $1,118,180,550 Unearned Premiums $5,940,431,054 *Bonds—U.S Government 1,888,225,943 Reserve for Claims and Claims Expense 17,305,063,560 Funds Held Under Reinsurance Treaties 212,659,311 *Other Bonds 12,039,490,815 Reserve for Dividends to Policyholders 1,226,236 *Stocks 9,030,962,112 Additional Statutory Reserve 63,348,980 Real Estate 251,301,907 Reserve for Commissions,Taxes and Agents'Balances or Uncollected Premiums 4,781,042,931 Other Liabilities 5,826,683.629 Accrued Interest and Rents 149,855,386 Total $29,349,412,770 Special Surplus Funds $55,686,852 Other Admitted Assets 15,216,749.451 Capital Stock 11,250,000 Paid in Surplus 7,898,288,167 Unassigned Surplus 7,161,171,306 Total Admitted Assets $44,475,809,095 Surplus to Policyholders 15,126,396,325 Total Liabilities and Surplus $44,475 809 095 e •%. * Bonds are stated at amortized or investment value;Stocks at Association Market Values 1912 The foregoing financial information is taken from Liberty Mutual Insurance Company's financial ac's+acxsss�ya statement filed with the state of Massachusetts Department of Insurance. I, TIM MIKOLAJEWSKI, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true,and correct statement of the Assets and Liabilities of said-Corporation,as of December 31,2013,to the best of my knowledge and belief. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Corporation at Seattle,Washington,this 20th day of March,2014. Assistant Secretary S-1262LMIC/a 4/13 "NIS POWER OF ATTORNEY IS NOT VALID UNLESS 1T IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except In the manner and to the extent herein stated. Certificate No.6423955 American Fire.and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company . POWER OF ATTORNEY I KNOWN ALL PERSONS BY THESE PRESENTS:That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company Is a corporation duly organized under the laws of the State of Massachusetts,and West American insurance Company is corporation-duly organized under the laws of the State pfindiane(herein collectively called the'Companies!),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, -Alice McLaughlin;Maria L:Spadaccini;Mary-R.McKee;Nicholas F.Walsh;Sherryanne M.DePirro • all of the city of Woodcliff Lake state of NJ eachdndlvldually if there be-more than one.named,its true and lawful attorney-In-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and.as its act and deed;any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they**been duly signed by the president and attestedby the secretary of the companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an.aufhorized officer or official of the Companies and the corporate seals of the Companies have been,affixed thereto this 93rd •day.of January 2014 •• • RS fit}c4.. yet( ,,Etisuvssu no American Fire:andCasualtfr Company sec �' ' .1.64,4-,L4,.:,74.4:. �� R°r� :�� ' �°�rn The Ohio Casualty Insurance Company m l yas }a o� 1970 • 4 199t Liberty Mutual Insurance Company u) /t �, West -don insurance Company •- ;531', da ON\,,; 4 b `n9.'K4 `•" > 7j =' N �','` tea iki',:.u.' ,yn ..i<iz`-z_ t� ifaxrsir. ti �R�� d .,,,�s „,.." lt ^�,.. et, * • By: ., c STATE OF PENNSYLVANIA • ss David M.Care ,• .ssistant Secretary C 4-" COUNTY OF MONTGOMERY • Q m 0 On this 23rd day of January 2014 -before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire croi i- 0 w and Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such, being authorized so to do, >.,� ,-R execute the foregoing instrument for the purposes therein contained by signing-on behalf of the corporations by himself as a duly authorized officer. E ty > IN WITNESS WHEREOF,I have hereunto subscribed'rnX tname and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. o a-Z o +"-,a col o Itr E.A+ I^J S tNSYLV..AKIA Z A , G if t cr: �l<) I Teresa r,� �R:i otatyPubk i By: dim f. ra i � ` Pyrn uth'€+.w.: cr}4ge,n:^r,Ca�nt3r Teresa Pastella,Notary Public a O I— O ;My C-ornm!ssien Expires nttsrch 28.2017 I re t' i .,. { IMc, er,Pemss•,?t,:ti8;.sBc.;`tl;r>4'f,4c•1=;1ce - C w ,fs, I ,11.,,1 ,,tr.t a. C co This Power of Attorney is made and execu 'ti t f oy autkl'ority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance U)o 4>w, Company,.Liberty Mutual Insurance Company, W st A e?ic n"Insurance Company which resolutions are now in full force and effect reading as follows: e COC CD ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject 0 c t2 to such limitation as the Chairman or the President may prescribe,shalt appoint such attorneys-in-fact,as may be necessary to act In behalf of the Corporation to make,execute,seal, 2,, y O G :acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective E m powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so ; ao C'X executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >'Q ti T the provisions of this article may be revoked at any time by the Board,the Chairman;the President or by the officer or officers granting such-power or authority. ao e' l r� t.as ej ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, C9 l > and subject to such limitations as the.chairman or the president-may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, -M it 3 seal,acknowledge and_deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the liimitations set forth in their c a? IX V' respective powers of attorney;shaft have Tuft power#o bind the Company by their signature and execution of any Such instrtiinentsand.to attach thereto the seal of the Company. When so g o executed such instruments shall be as binding as if signed by the-•president and attested by the secretary. Q co Certificate of Designation—The President of the Company;acting pursuant to the Bylaws of the:Company,authorizes David M.Carey;Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company:to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety , obligations. Authorization-By unanimous c onsent of the Company's Board:of Directors,the Company consents:that facsimile or mechanically reproduced signature of any assistant secretary of the t - Company,wherever appearing upon a certified copy of anypower.of attorney Issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with I the same force and effect as though manually affix* •• . • -. - •- - .. t . I,Gregory W.Davenport,the-undersigned,Assistant Secretary.of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the ariginaf power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,Is Mull force and effect and:has not been revoked �5 / 20 > . IN TESTIMONY WHEREOF,I have,hereunto set my hand and affixed the seals of said Companies this day of_ , .• Nt)f,t5 0'i iNSJ yl.f5!{R ,' gtrYsurq � • Cam'•:.. • •o Jc. �. .,..,•01 � �- � :`. ;: 'C�'F �i� ¢0• n � .. .. a �-, 191'8 s r.o < t99i — By.. • ' - - ii . .S 1006 o c� -191 Z • t •.F y+ . x,. y ;. Ab • , ! Gregory W.Davenport.Assistant Secretary • • 199 Of 500 IJu15 12873_122013. Client#:337 FLATINTERMTN ACORD,,, CERTIFICATE OF LIABILITY INSURANCE DATE(MMlaorrrYY)4!1512014 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 I CONTACT Marsha Vernon NAME: Turner Surety&Ins.Brokerage PHONE 201 644-2500 FAX 201-644-2532 ,—No,ExE: (A/C,No): 300 Tice Boulevard 2nd Floor N i E-MAIL mvernon@tsibinc.com lib-RESS: @ _ Suite 205 Woodcliff Lake, NJ 07677 INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:Zurich American Insurance Co 16535 INSURED INSURER B:National Union Insurance Co 19445 Flatiron Constructors,Inc. INSURER C: 10188 East 1-25, Frontage Road - Firestone,CO 80504 INSURER D: INSURER E: _ INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: ' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS CF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR IINSR MD POLICY NUMBER (MMfDDIYYYY) (MMIDD(YYYY) A GENERAL LIABILITY I Y Y GLO593970705 06/0112013 06/01/2014 EACH OCCURRENCE $2,000,000 X ❑gMAGE TO RENTED JC COMMERCIAL GENERAL LABILITYCUPREMISES(Ea ocarrence) S300,000 JCLAMS-MADE X. OCCUR MED EXP(Any one person} $10,000 X AI: UGL 1175 PERSONAL a ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $4,000,000 POLICY 4 ^l JEGT ^LOC _ _ _ $ A AUTOMOBILE LIABILITY Y Y BAP593970805 06/01/2013;06/01/2014{EO ecBeli( 1SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED I l SCHEDULED BODILY INJURY(Per accident) S AUTOS AUTOS . ___ NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS (Per arriden:) — B UMBRELLA LIAB X OCCUR Y Y BE20562121 06/01/2013 06/01/2014 EACH OCCURRENCE $5,000,000 EXCESS MB CLAIMS-MADE AGGREGATE $5,000,000 DED I X RETEN1ION$10,000 _- ._ $ A WORKERS COMPENSATION Y WC654246204 06/01/2013 06/01/2014 X WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY UMrfS ER y .ANY PROPRIETORIPARTNERJEXECUTIVE Y!NI E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? I N I N/A I Mandatory InNH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below F.I_.DISEASE-POLICY LIMIT $1,000,000 I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Project Description:Construction of Temporary Drainage Improvements along the St.Vrain Creek County Road and County Road Bridge 9.5124.5A I Project Owner/Location:Weld County, Colorado Project:EM-BR9.5-24.5A Contract Value:$427,404.75 (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION County of Weld SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Clay Kimmi ACCORDANCE WITH THE POLICY PROVISIONS. Department of Public Works 1111 H Street AUTHORIZED REPRESENTATIVE Greeley, CO 80632-0758 ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S333121M27794 MV DESCRIPTIONS (Continued from Page 1) The following are Additional Insureds as respects to General Liability and Umbrella Liability but only if required by written contract and/or written agreement and coverage applies to work to be performed by the Named Insured for the Additional Insureds. The following are Additional Insureds on the Automobile Liability Policy but only to the extent they meet the definition of an insured in the policy,which provides in pertinent part that an insured includes anyone liable for the conduct of another insured but only to the extent of that liability. Additional Insureds:County of Weld including the Board of County Commissioners,its respective elected officials,officers,employees,agents, representatives and volunteers and the State of Colorado and any other party as may be required by contract. All coverages,terms,conditions and exclusions of the policies apply. The General Liability coverage applies on a Primary and Non-Contributory basis per the policy terms and conditions but only if required by written contract and/or written agreement This Certificate of Insurance represents coverages currently in effect and may or may not be in compliance with any written contract and/or written agreement. No Exclusion for Explosion,Collapse and Underground Hazard(XCU Coverage). The General Liability,Automobile Liability and Workers Compensation policies include a Waiver of Subrogation in favor of the Additional Insured but only if required by written contract and/or agreement. Policies currently in effect will be renewed on the applicable Expiration Dates as required by contract with the current terms and conditions unless cancelled. *The following cancellation conditions always apply: -Ten(10)Days for Non-Payment of Premium-If policy shown,Ten(10)Days for Workers'Compensation for fraud; material misrepresentation; Non-Payment of Premium;other reasons approved by the Commissioner of Insurance-all other Notices of Cancellations Thirty(30)Days apply. SAGITTA 25.3(2010/05) 2 of 2 #533312/M27794 POLICY NUMBER: GLO593970705 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s)Of Covered Operations County of Weld including the Board of Project Description: Construction of Temporary County Commissioners, its respective elected Drainage Improvements along the St.Vrain Creek officials, officers, employees, agents, County Road and County Road Bridge 9.5/24.5A representatives and volunteers and the State of Colorado and any other party as Project Owner/Location: Weld County,Colorado may be required by contract. Project: EM-BR9.5-24.5A Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II —Who Is An Insured is amended to This insurance does not apply to"bodily Injury"or include as an additional insured the person(s) or "property damage"occurring after: organization(s) shown in the Schedule, but only 1. All work, including materials, parts or equip- with respect to liability for "bodily injury", "property ment furnished in connection with such work, damage" or "personal and advertising injury" on the project (other than service, mainte- caused, in whole or in part, by: nance or repairs) to be performed by or on 1. Your acts or omissions;or behalf of the additional insured(s)at the loca- 2. The acts or omissions of those acting on your lion of the covered operations has been corn- behalf; pleted;or in the performance of your ongoing operations for 2. That portion of "your work" out of which the the additional insured(s) at the location(s) desig- injury or damage arises has been put to its nated above. intended use by any person or organization other than another contractor or subcontractor B. With respect to the insurance afforded to these engaged in performing operations for a additional insureds, the following additional exclu- principal as a part of the same project. sions apply: CC 2010 07 04 Copyright, ISO Properties, Inc.,2004 Page 1 of 1 POLICY NUMBER: GLO593970705 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations County of Weld including the Board of Project Description: Construction of Temporary County Commissioners, its respective elected Drainage Improvements along the St.Vrain Creek officials, officers, employees, agents, County Road and County Road Bridge 9.5/24.5A representatives and volunteers and the State of Colorado and any other party as Project Owner/Location: Weld County, Colorado may be required by contract. Project: EM-BR9.5-24.5A Information required to complete this Schedule,if not shown above,will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury"or"property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard" CG 20 37 07 04 ©ISO Properties,Inc.,2004 Page 1 of 1 ❑ POLICY NUMBER: BAP593970805 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are"insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: 06/01/2013 Endorsement Expiration: 06/01/2014 Named Insured: Flatiron Constructors, Inc. SCHEDULE Name of Person(s)or Organization(s): Any Person or Organization with whom You have agreed,through Written Contract, Agreement or Permit, executed prior to the Loss to provide Additional Insured Coverage (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 . , ZURICH Other Insurance Amendment m Primary And Non-Contributory � r Policy No. Exp. Date of Pol, Eff. Date of End. Agency Nu. Addl. Prern. Return Prem. GL0593970705 06/01/2014 06/01/2013 N/A N/A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Flatiron ConstructorS, Inc. Address (including ZIP Code): 10188 East I-25, Frontage Road, Firestone, CO 80504 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part SECTION IV. COMMERCIAL GENERAL LIAMILiTY CONDITIONS,4.Other Insurance, is amended per the following: 1. The following paragraph is added under a.Primary Insurance: This insurance is primary insurance as respects our coverage to an additional insured person or organi- zation, where the written contract or written agreement requires that this insurance be primary and non-contributory. In that event,we will not seek contribution from any other insurance policy available to the additional insured on which the additional insured person or organization is a Named Insured. 2. The following paragraph is added under b.Excess Insurance: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis,available to an additional insured, in which the additional insured on our policy is also covered as an additional in- sured by attachment of an endorsement to another policy providing coverage for the same"occurrence", claim or"suit". This provision does not apply to any policy in which the additional insured is a Named insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as written. GL-1.3327-A CW(3/2007) Page 1 of 1 Agent Copy 0 Waiver Of Subrogation (Blanket) Endorsement ZURICH Policy No. Eft Date of Pol. Exp. Date of Pol. Eft Date of End. Producer Addl.Pram Return hem. GLO593970705 06/01/2013 06/01/2014 06/01/2013 $ N/A S N/A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement,which is executed before a toss,to waive your rights of recovery from oth- ers,we agree to waive our tights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. t1.Q.-925-B CW(12/01) Page 1 of 1 WAIVER OF TRANSFER OF staters OF RECOVERY AGAINST OTHERS TO VS THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. POLICY NO. EPP DATE OF POL. I EXP.DATE OP POL. EFF.DATE OF END, 'AQENCY NO. ' ADDS.,PREM, RETURN PREM. BAP593970805 06/01/2013 06/01/2014 06/01/2013 N/A N/A Named Insured Flatiron Constructors,Inc. Address(including ZIP Code) 10188 East I-25,Frontage Road,Firestone,CO 80504 • This endorsement modifies insurance provided by the following: Business Auto Coverage Part Truckers Coverage Part Garage Coverage-Part SCHEDULE Name of Pelson or Organization: ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY. We waive any right of recovery we may have against the designated person or organimtion shown in the schedule because of payments we make for injury or damage caused by an"accident"et-lose`resulting from the ownership,maintenance,or use ofa covered "auto"for which a Waiver of Subrogation is required in conjunction with work performed by you for the designated person or organization.The waiver applies only to the designated person or organization shown in the schedule. U-CA-320-A(CW)(4/92) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated, (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorement Effective: 06/01/2013 Effective Policy No. WC654246204 Insured Flatiron Constructors, Inc. Insurance Company Zurich American Insurance,Company WC 00 03 13 (Ed.4-84) 19 1983 National Council on Compensation Insurance. RESOLUTION RE: ACTION OF BOARD CONCERNING WAIVER OF TEN-DAY WAITING PERIOD FOR CONSIDERATION AND INVESTIGATION OF BID #B1400086, BRIDGE 9.5/24.5A (FLOOD REPAIRS) - DEPARTMENT OF PUBLIC WORKS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Department of Purchasing has requested waiver of the ten-day waiting period for Bid Request #B1400086, Bridge 9.5/25.5A (Flood Repairs), for the Department of Public Works, due to anticipated spring runoff, and WHEREAS, the Board of County Commissioners deems it advisable to waive the ten-day waiting period for said bid. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the ten-day waiting period for Bid Request #61400086, Bridge 9.5/25.5A (Flood Repairs), for the Department of Public Works, be, and hereby is, waived. BE IT FURTHER RESOLVED by the Board that the low bid from Flatiron Constructors, Inc., in the amount of$427,404.75, be, and hereby is, accepted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of April, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO r ATTEST: d C Gc .aU�„s./ ; y;c�� (IL w 14 614.tt— 'r��` Doug s Radem her, Chair Weld County Clerk to the Boa .1 IS.e R �1 rbara Kirkmeyer Pro-Tem BY:' Boar C Dep ! Clerk to the Boar'�r '` '%��`' can P. Conway ® A R ORM: ' C 114,fi Mike Freem witty Attorney Wil lam . Garcia Date of signature: i-V/-/t{ Cam (08,sA) EL,Acc4-,ocm, G W(' MM'ei ), (nu4) PtJU"b) 2014-1157 2/.1y P00016 BC0045 EG0070 MEMORANDUM Date: April 11, 2014 _GOU N?z To: Trevor Jiricek, Director of General Services From: Clay Kimmi, P.E., Senior Engineer RE: Bid Request No. B1400086 BOCC Approval Date April 14, 2014 Bids were received and opened on April 10, 2014 for contracted construction of emergency flood repairs: Bridge 9.5/24.5A and Grade Control Structure. Five bids were received ranging from $427,404.75 to $1,277,850.00 with the lowest bid submitted by Flatiron Constructors, Inc. from Firestone, Colorado. The Engineer's Estimate for this work was $560,515.50. The submitted bids have been reviewed for errors and completeness. No errors or discrepancies were apparent in the bids. The bid tabulation has been submitted for your information. All required bid documents were submitted by the lowest bidder. All references provided by the lowest bidder were called. The references indicated that they had no issues with Flatiron and that they were a good company to deal with. It is my recommendation to award the construction contract to Flatiron Constructors, Inc. for a total amount of$427,404.75. This contractor has assured me that they will start the work as soon as possible. If this bid is approved by the BOCC on April 14th the contract time (30 calendar days) will commence on the same date. 2014-1157 0 CO CO 0 DJ CD 2 ) j ! V -6O90 ! « <� Q ) = e = _ Etkj ; k( D § ° e9 / cIf2k ` § & 7mkE 0 - E § e° ow @0 Wo2E0k = zz § U. o § p S Q 0 0 : < - - - rc - < ) \ e _ _ & , _ _ Ill 0 a 2 > Lu w 2 0 uJ age up � _ \j � � } _ 0 z z \ z > r J o P 0 o 0 , e 0 § ( OOO = m } } ) 0 _ 0 2ur D ` � � � § . . � wz ° wag = e , % \1 � WAo ( a 0 2E \ Ow0 z 0 \ § ) w § u0Zr < 0 O ouo OW0 0 O 222 0 . 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