Mesa County Commissioners Agenda

Board of

MESA COUNTY

COMMISSIONERS

AGENDA

MONDAY MARCH 18, 2013

9:05 a.m. in the Public Hearing Room, 544 Rood Avenue Call Meeting to Order: Deletions from Agenda: Additions to Agenda:

Approval of Minutes: February 25, 2013 (Amended) and March 4, 2013 APPROVED 3-0

Presentations:

Commissioners' Reports:

**PLEASE NOTE: THERE IS LIMITED FREE PUBLIC PARKING ON THE SOUTHEAST CORNER OF 6TH STREET AND WHITE AVENUE**

ADMINISTRATION

**CONSENT AGENDA** APPROVED 3-0 The Consent Agenda is intended to allow the Board to spend its time on more complex items. These items are generally perceived as non-controversial and can be approved by a single motion. The public or the Board members may ask that an item be removed from the Consent Agenda for individual consideration.

1) Approve the purchase of traffic marking paint and reflective glass spheres from Ennis Paint Company for a not to exceed amount of $128,787.00 and Potters Industries for a not to exceed amount of $34,560.00 during 2013 and authorize the Purchasing Agent to sign the Purchase Orders. (James Nall, Traffic/Dan Frank, Purchasing)

2) MCA 2013-009 Approve an Agreement between Mesa County and the City of Grand Junction, Colorado from date of execution to December 31, 2013 for the Grand Junction Fire Department to serve as Mesa County’s Designated Emergency Response Agency (D.E.R.A) at a cost of $44,900.00 and authorize the Chair to sign. (Mike Hill, Emergency Management)

3) MCA 2013-010 Approve an Agreement between Mesa County and M.A. Concrete Construction Inc. for K Road Improvements from 22 ½ Road to 23 Road to begin within ten (10) calendar days after the Notice to Proceed and to be completed by August 31, 2013 at a cost of $852,816.19 and authorize the Chair to sign. (Kevin King, Staff Engineer)

BOCC March 18, 2013 Page 2 of 2

4) MCA 2013-011 Approve an Agreement between Mesa County and J C Excavating, Inc., for the 46.7-W0.4 (Bluestone) Bridge Replacement to begin within ten (10) calendars days after the Notice to Proceed and to be completed by May 15, 2013 at a cost of $221,253.03 and authorize the Chair to sign. (Timothy Hayashi, Senior Engineer)

**END OF CONSENT ITEM(S)** **BRIEFING ITEM(S)**

1) Semi-annual update of the Mesa County Public Library. (Eve Tallman, Executive Director.)

**END OF BRIEFING ITEMS** **ITEM(S) NEEDING INDIVIDUAL CONSIDERATION**

1) MCA 2013-012 Approve a Contract for Construction Services between Mesa County and Sorter Construction, Inc., for the construction of the Regional Public Safety Training Facility from March 18, 2013 to July 31, 2013 at a cost not to exceed $1,384,802.15 and authorize the Chair to sign. (Greg Linza, Facilities and Parks) APPROVED 3-0

2) Executive Session regarding personnel matters – the County Administrator position search.

**END OF ITEM(S) NEEDING INDIVIDUAL CONSIDERATION**

UNSCHEDULED BUSINESS:

THE BOARD MAY TAKE A LUNCH BREAK AT NOON IF THE MEETING IS NOT COMPLETED BY THAT TIME.

END CERTIFICATION OF POSTING

On March 14, 2013, at 4:00 p.m., B. Linn did post the above public notice of meeting on the East Entrance bulletin board at 544 Rood Avenue, Grand Junction, Colorado on the above- referenced AGENDA.

FEBRUARY 25, 2013

Audio

CALL TO ORDER

At 9:05 a.m., Chair Steven Acquafresca called to order a regular Administration meeting of the Board of Mesa County Commissioners at the Mesa County Courthouse, Commissioners Public Hearing Room, 544 Rood Avenue, Grand Junction, Colorado. Those present included Commissioners John Justman and Rose Pugliese; Tom Fisher, Interim County Administrator; Angela Barnes, Assistant County Attorney; and Roberta Raley, Clerk to the Board. (Minutes transcribed by Roberta Raley, Clerk to the Board.)

APPROVAL OF MINUTES

FEBRUARY 11, 2013

ROSE PUGLIESE MOVED, JOHN JUSTMAN SECONDED, AND MOTION UNANIMOUSLY CARRIED TO APPROVE THE MINUTES OF FEBRUARY 11, 2013.

PRESENTATIONS

Mike Perry Appreciation

Commissioner Pugliese read the Certificate of Appreciation into the record, honoring Mike Perry as the Executive Director of the Museum of the West from 1984 to 1990 and 2003 to 2012. The Board thanked Mike for his dedication and presented him with the certificate.

COMMISSIONERS' REPORTS

Commissioner Justman reported that last Friday he attended portions of the Energy Expo.

Commissioner Pugliese reported the Board has continued with the orientation process visiting Grand Valley Regional Transportation, Code Compliance, and the Fairgrounds and they met with the owner of the BMX Track. The Board attended the Taste of the Grand Valley supporting United Way, Kids Voting dinner, COGA Conference and the Energy Briefing. Commissioner Pugliese attended the re-dedication of the Wayne Aspinall Federal Building; and the Leadership Program of the Rockies Conference in Colorado Springs, networking with other elected officials.

Chair Acquafresca reported he attended the Grand Valley Transit Workshop for the Grand Valley Regional Transportation Committee Board, the workshop focused on the proposed Greyhound integration into the GVT system; this has not been a positive experience in other communities.

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Chair Acquafresca reported that he attended the Grand Valley Water User’s Association annual meeting; spoke at the Math and Science Center; attended the Federal Mineral Lease District Board meeting; met with Denny Granum, Airport Authority Chairman; did an interview on KNOZ radio; he and Commissioner Justman attended the Grand Junction Chamber Video Conference; and he attended the Colorado Riverfront Commission meeting. He attended his first Grand Junction Economic Partnership Board meeting, most of the scheduled time of the meeting was consumed with the Board discussing, and taking positions on political issues, which was time poorly spent for this Board given what its actual mission is. He also attended Club 20’s Water Committee and the Public Lands Committee meetings; the Northwest COGA Forum, the Energy Industry Reception at the Museum of the West; and the West Slope Colorado Oil and Gas Association banquet.

ADMINISTRATION

CONSENT AGENDA

1) AUTHORIZE THE ANNUAL MAINTENANCE PAYMENTS FOR THE FOLLOWING SOFTWARE APPLICATIONS USED BY MESA COUNTY: MICROSOFT $176,000 – WHOLE COUNTY; SIRE $70,000 – DIGITAL RECORDS WHOLE COUNTY; NEW WORLD $84,000 – SHERIFF’S OFFICE AND PUBLIC SAFETY; TYLER EDEN $80,000 – FINANCE; TYLER EAGLE $70,000 - TREASURER AND ASSESSOR; ES&S $112,000 – CLERK & RECORDER ELECTIONS SYSTEM; AND ESRI $83,000 – GIS; FOR A TOTAL OF $675,000.

2) APPROVE THE PLACEMENT OF A PURCHASE ORDER WITH U.S. TRACTOR & HARVEST INC., FOR THE PURCHASE OF ONE 2013 JOHN DEERE 6150R AGRICULTURAL TRACTOR, IN THE AMOUNT OF $75,644.00, FOR USE AT THE ORGANIC MATERIALS COMPOSTING FACILITY AND FOR CONSTRUCTION OF THE LANDFILL LINER WHEN REQUIRED AND AUTHORIZE THE PURCHASING DIRECTOR TO SIGN THE PURCHASE ORDER.

3) APPROVE AN AMENDMENT TO CONTRACT MCA 95-068(P) BETWEEN MESA COUNTY, COLORADO AND GGH MESA, LLC, FORMERLY GREEN GROUP HOLDINGS, LLC, (HERZOG ENVIRONMENTAL, INC.) FOR THE 2013 SOLID WASTE MANAGEMENT SERVICES, CHANGING THE NAME OF THE LLC AND AUTHORIZE THE CHAIR TO SIGN. (Agreement on file at the Mesa County Clerk’s Office; Agreement and Contract File No. MCA 95-068(r)).

4) AUTHORIZE THE PUBLIC WORKS DIRECTOR TO SUBMIT A GRANT APPLICATION TO THE COLORADO DEPARTMENT OF LOCAL AFFAIRS INTERN PROGRAM AT A COST TO MESA COUNTY OF $49,000 OVER TWO- YEARS. (Grant application on file at the Mesa County Clerk’s Office; Report File No. R 2013-003.)

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5) APPROVE THE 2012 HIGHWAY USERS TAX FUND REPORT FOR SUBMITTAL TO THE COLORADO DEPARTMENT OF TRANSPORTATION AND AUTHORIZE THE COMMISSIONERS TO SIGN. (Report on file at the Mesa County Clerk’s Office; Report File No. R 2013-004.)

6) ADOPT A RESOLUTION AND APPROVE THE GRANT APPLICATION FOR SUBMITTAL OF A GREAT OUTDOORS COLORADO (GOCO) LOCAL PARKS AND OUTDOOR RECREATION (LPOR) GRANT IN THE AMOUNT OF $350,000 FOR THE CONSTRUCTION OF SELECTED MESA COUNTY FAIRGROUNDS – MASTER PLAN EAST IMPROVEMENTS AND AUTHORIZE THE CHAIR TO SIGN. (Resolution and Grant application on file at the Mesa County Clerk’s Office; Resolution File No. MCM 2013-012.)

7) ADOPT A RESOLUTION AND APPROVE THE GRANT APPLICATION FOR SUBMITTAL OF A GREAT OUTDOORS COLORADO (GOCO) PLANNING GRANT IN THE AMOUNT OF $75,000 FOR THE MESA COUNTY FAIRGROUNDS – MASTER PLAN WEST DESIGN AND ENGINEERING AND AUTHORIZE THE CHAIR TO SIGN. (Resolution and Grant application on file at the Mesa County Clerk’s Office; Resolution File No. MCM 2013-013.)

8) APPOINT THE FOLLOWING TO THE ADVISORY BOARD OF ANIMAL SERVICES: LT. JIM FOGG, MESA COUNTY SHERIFF’S OFFICE, TO A TWO-YEAR TERM THROUGH FEBRUARY 2015; LT. PAUL QUIMBY, GRAND JUNCTION POLICE DEPARTMENT, TO COMPLETE THE TERM OF LT. BOB RUSSELL ENDING MARCH 2013 AND A FULL TWO-YEAR TERM THROUGH MARCH 2015; COMMISSIONER JOHN JUSTMAN FOR A TWO-YEAR TERM THROUGH FEBRUARY 2015; AND REAPPOINT DR. MARK RYAN, DVM, VETERINARIAN, FOR A TWO-YEAR TERM THROUGH DECEMBER 2014; AND JEFF KUHR, DIRECTOR HEALTH DEPARTMENT, FOR A TWO-YEAR TERM THROUGH APRIL 2015.

9) APPOINT THE FOLLOWING TO THE WEED ADVISORY BOARD FOR FIVE- YEAR TERMS BEGINNING FEBRUARY 25, 2013, THROUGH JANUARY 1, 2018: LORA WYNN AND JOYCE FORAKER; AND KACEY CONWAY AS AN ALTERNATE.

Discussion on Consent Agenda Items:

1. Chair Acquafresca stated in the past these items were brought to the Board repeatedly throughout the year; this year it was requested that IT bundle them into one item so that they could be looked at all together.

2. Commissioner Pugliese stated she asked for a brief overview of the Landfill for the public to understand how the funds were acquired and spent. Cameron Garcia, Waste Management Director, reviewed the Solid Waste Campus programs. The Solid Waste Division is operated as an enterprise fund; it provides services or goods to the public for a fee, making it self-supporting and no dollars are from the County General Fund.

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4. Chair Acquafresca stated this would get the County a highly qualified person for some important tasks that the County has to conduct at a cost that is a fraction of adding FTEs to the system.

6 and 7. Commissioner Pugliese asked for a brief overview of the grant applications. Jo Carole Haxel, Fairgrounds Manager, stated the grant applications were to implement portions of the Master Plan that was recently adopted. The East improvements (6) were for construction of selected improvements for livestock and equestrian facilities and full-service RV/trailer sites. The West improvements (7) is for design and engineering for a new BMX Track, two parks, relocation of the Veterans Memorial, a new main entrance road and improved internal roads. Commissioner Pugliese asked if the east end would have the most economic advantage to the Fairgrounds. Jo Carole stated that with improvements to the livestock facilities, this could become a regional center with participants coming to bigger shows and staying longer. Commissioner Justman stated he has received many positive comments from the equine users of the Fairgrounds.

8. Chair Acquafresca thanked Commissioner Justman for volunteering to serve on the Animal Services Advisory Board; and thanked all the others that are contributing time as well.

9. Chair Acquafresca stated he knows two of the appointees personally, they are highly qualified, and we are fortunate to get them. Commissioner Justman stated he knows one of the appointees and it will be a good choice.

Earle Mullen, 702 Tranquil Trail, stated he visited the Household Hazardous Waste Facility, taking some paint in and was not charged; yet the County charges the public to take electronic waste; he asked why. Cameron Garcia stated when Solid Waste quit placing electronics in the landfill; a decision was made not to compete with the private sector recycling electronics. The County has to have a vendor that takes the electronic waste to break it down. The Household Hazardous Waste facility collects paints, stains, used oils, and pesticides for free to keep them out of the landfill and to keep them from being poured down the drains. The paints and stains are given back to the public for free.

JOHN JUSTMAN MOVED, ROSE PUGLIESE SECONDED, AND MOTION UNANIMOUSLY CARRIED TO PASS THE NINE ITEMS THAT ARE ON THE CONSENT AGENDA.

ADJOURN AS THE BOARD OF COUNTY COMMISSIONERS HEARING AND CONVENE AS BOARD OF HUMAN SERVICES

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APPROVAL OF MINUTES

OCTOBER 8, 2012, NOVEMBER 19, 2012, and DECEMBER 3, 2012

Chair Acquafresca noted that Commissioner Justman and Commissioner Pugliese were not present at these meetings; however, the audio files of the hearing were available, and the minutes were accurate and reflective of those hearings.

ROSE PUGLIESE MOVED, JOHN JUSTMAN SECONDED, AND MOTION UNANIMOUSLY CARRIED TO APPROVE THE MINUTES OF OCTOBER 8, 2012, NOVEMBER 19, 2012, AND DECEMBER 3, 2012.

CONSENT AGENDA

1) APPROVE CONTRACT AMENDMENT #4 OF MCA 2010-047(4) BETWEEN THE MESA COUNTY BOARD OF HUMAN SERVICES AND THE STATE OF COLORADO, DEPARTMENT OF HEALTH CARE POLICY AND FINANCE; REPRESENTING CHANGES TO THE SINGLE ENTRY POINT’S REPORTING REQUIREMENTS, ESTABLISHMENT OF A RESOURCE DEVELOPMENT COMMITTEE, INTERNAL TRAINING TOPIC REQUIREMENTS, COMPLAINT REPORTING, APPEALS PROCESS, AND CRITICAL INCIDENT REPORTING REQUIREMENTS FOR LONG TERM CARE MEDICAID HOME AND COMMUNITY BASED WAIVER SERVICES, AND AUTHORIZE THE CHAIR TO SIGN.

2) APPROVE A CONTRACT BETWEEN THE MESA COUNTY BOARD OF HUMAN SERVICES AND RIVERSIDE EDUCATIONAL CENTER FOR THE PURCHASE OF TANF TUTORING SERVICES FOR THE TIME PERIOD FEBRUARY 25, 2013, THROUGH DECEMBER 31, 2013, AND AUTHORIZE THE DEPARTMENT DIRECTOR TO SIGN.

Discussion on Consent Agenda Items:

Tracey Garchar, Director of Mesa County Human Services, requested to remove both of the items from the Consent Agenda and place them on Individual Consideration. He stated the first item has the wrong description; the second item there are guests here that would like to speak.

JOHN JUSTMAN MOVED, ROSE PUGLIESE SECONDED AND MOTION UNANIMOUSLY CARRIED TO TAKE BOTH OF THESE ITEMS OFF OF THE CONSENT AGENDA AND PUT THEM ON INDIVIDUAL CONSIDERATION.

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INDIVIDUAL CONSIDERATION

APPROVE CONTRACT AMENDMENT #4 OF MCA 2010-047(4) BETWEEN THE MESA COUNTY BOARD OF HUMAN SERVICES AND THE STATE OF COLORADO, DEPARTMENT OF HEALTH CARE POLICY AND FINANCE; REPRESENTING CHANGES TO THE SINGLE ENTRY POINT’S REPORTING REQUIREMENTS, ESTABLISHMENT OF A RESOURCE DEVELOPMENT COMMITTEE, INTERNAL TRAINING TOPIC REQUIREMENTS, COMPLAINT REPORTING, APPEALS PROCESS, AND CRITICAL INCIDENT REPORTING REQUIREMENTS FOR LONG TERM CARE MEDICAID HOME AND COMMUNITY BASED WAIVER SERVICES, AND AUTHORIZE THE CHAIR TO SIGN.

Presenters: Tracey Garchar, Director of Mesa County Human Services; and Grant Jackson, Adult Services Director

Grant Jackson stated this contract amendment was for the Colorado Choice Transitions grant, this program transitions clients that are in nursing facilities that are on long-term care or Medicaid back into the community if they choose and are capable. The Department performs a Quality of Life baseline survey prior to the transition, a second survey is performed at eleven months, and a third survey is performed at twenty-four months, checking on the client’s welfare.

Commissioner Pugliese asked if the description was incorrect. Grant stated that was actually the last amendment that was presented to the Board.

Angela Barnes stated that this item needed to be removed from the agenda; reposted and noticed to the public.

ROSE PUGLIESE MOVED, JOHN JUSTMAN SECONDED, AND MOTION UNANIMOUSLY CARRIED TO REMOVE ITEM NUMBER ONE IN TOTAL FROM THE AGENDA.

APPROVE A CONTRACT BETWEEN THE MESA COUNTY BOARD OF HUMAN SERVICES AND RIVERSIDE EDUCATIONAL CENTER FOR THE PURCHASE OF TANF TUTORING SERVICES FOR THE TIME PERIOD FEBRUARY 25, 2013, THROUGH DECEMBER 31, 2013, AND AUTHORIZE THE DEPARTMENT DIRECTOR TO SIGN.

Presenter: Tracey Garchar, Director of Mesa County Human Services

Tracey Garchar stated this contract would increase the amount to Riverside Educational Center in the amount of $75,000 to support the tutoring and educational activities. This supports the mission of TANF funding; it is focused on education, job skills training, and ability for parents to raise their own children in their own homes. Riverside will focus these funds on academic attainment; they will give and engage students and families so they remain interested in school and graduate from high school.

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Commissioner Pugliese stated the fiscal impact on the agenda sheet shows the County with $10,875 and Federal of $64,125. Tracey stated the County portion is the MOE (Memorandum of Effort) that the County has to fund to use federal monies; it amounts to approximately 15% of all their federal contracts. This is a new contract. Commissioner Pugliese stated she thought there was at a cap of $40,000. Tracey stated that was an existing contract with the School District that supports Riverside Educational Center, Dual Emergent Academy, and three other family centers with the School District doing similar activities.

Chair Acquafresca stated he is an advocate of the Riverside Educational Center; if the dollars are not used, they will go back to the state.

Mary Gonzales and Joy Hudak, Co-Executive Directors of Riverside Educational Center, stated they have been in operation for seven years; their programs serve the students that need it the most; they have approximately 70 volunteers, a staff of 18, which seven are CMU work-study students, the rest are part-time employees; four of the staff are licensed teachers. The tutoring services that are provided are structured lesson plans. The secondary students are helped with their homework. The students are “at risk students”; 91% are in the free and reduced lunch program; 90% are Latino; 37% are being raised in a single-parent home; 50% Spanish is the primary language spoken at home; many of the students are not being engaged with their schools because they cannot afford the fees associated with athletics and are not being transported to the activities.

ROSE PUGLIESE MOVED, JOHN JUSTMAN SECONDED, AND MOTION UNANIMOUSLY CARRIED TO APPROVE A CONTRACT BETWEEN THE MESA COUNTY BOARD OF HUMAN SERVICES AND RIVERSIDE EDUCATIONAL CENTER FOR THE PURCHASE OF TANF TUTORING SERVICES FOR THE TIME PERIOD FEBRUARY 25, 2013, THROUGH DECEMBER 31, 2013, AND AUTHORIZE THE DEPARTMENT DIRECTOR TO SIGN. (Agreement on file at the Mesa County Clerk’s Office; Agreement and Contract File No. MCA 2013-008.)

ADJOURN AS THE BOARD OF HUMAN SERVICES AND RECONVENE AS THE BOARD OF COUNTY COMMISSIONERS

BRIEFING ITEM

Semi-annual update of the Museum of Western Colorado.

Dr. Peter Booth, Executive Director of the Museum of Western Colorado; acknowledged the Museum staff, Board members, volunteers, and former Director Mike Perry that were in attendance. The Museum of the West is one of 13 in the State of Colorado that is nationally accredited; and one of two museums on the western slope that is accredited.

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The Museum is a key economic driver of the tourist industry in Mesa County; those visitors usually stay longer and spend more; last year, tourism brought in $252 million in direct spending. The Museum had 55,000 schoolchildren visit the different exhibits last year. He reviewed the Museum’s Institutional Plan from February 2013.

Lyle Dechant, County Attorney, joined the hearing.

UNSCHEDULED BUSINESS

Air Quality Peggy Rawlins, 519 Liberty Cap Court; Kathryn Christian, 960 White Avenue; and Curtis Swift, 450 Hill Avenue; spoke regarding the County Burn Policy; they had concerns regarding the open burning season, permits and how they are misused by many from the lack of education; and the air quality of the valley. Curtis stated he would like to see an educational program put together on burning vs. composting. Ed Brotsky, Mesa County Health Department Air Quality Specialist, stated the air quality of the Grand Valley changes seasonally; it is not all about burning, some is contributed to the driving habits of the residents. In the winter, there is a wood burning advisory, which goes directly into the spring open burning.

TABOR Dennis Simpson, 2306 E Piazza Place; stated he is an opponent of the City of Grand Junction’s TABOR ballot issue. He questioned the City about their TABOR calculations and they have revised how they calculate it. He does not believe the County is calculating the TABOR excess correctly. He requested the Board allow staff to meet with him prior to his meeting with the Board on March 6.

At 11:06 a.m., Commissioner Justman requested a recess. The Board re- convened at 11:11 a.m.

INDIVIDUAL CONSIDERATION

EXECUTIVE SESSION REGARDING PERSONNEL MATTERS – THE INTERIM COUNTY ADMINISTRATOR POSITION. At 11:12 a.m.

ROSE PUGLIESE MOVED, JOHN JUSTMAN SECONDED, AND MOTION UNANIMOUSLY CARRIED THAT SINCE THE BOARD OF COUNTY COMMISSIONERS IS AT ITS REGULAR MONDAY MEETING, WHICH HAS BEEN PROPERLY NOTICED, THAT THE BOARD MEET IN AN EXECUTIVE SESSION FOR THE SOLE PURPOSE OF DISCUSSING PERSONNEL MATTERS REGARDING THE INTERIM COUNTY ADMINISTRATOR POSITION, AS AUTHORIZED BY C.R.S. 24-6-402(4)(f)(l); WITH THE UNDERSTANDING THAT NO ADOPTION OF ANY PROPOSED POLICY, POSITION, RULE, REGULATION, OR FORMAL ACTION SHALL OCCUR AT THIS EXECUTIVE SESSION.

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At 11:42 a.m

ROSE PUGLIESE MOVED, JOHN JUSTMAN SECONDED, AND MOTION UNANIMOUSLY CARRIED THAT THE EXECUTIVE SESSION HAVING BEEN TERMINATED, THE BOARD RE-CONVENE ITS REGULAR MEETING.

(For complete details on any item click on the audio link at the beginning of the document.)

ADJOURN

With no further business to come before the Board, Chair Acquafresca adjourned the meeting at 11:42 a.m.

Sheila Reiner, Mesa County Clerk and Recorder

Roberta Raley, Steven Acquafresca, Clerk to the Board Chair

(Verbatim digital files of the Commissioners’ Proceedings of February 25, 2013, are on file in the Mesa County Clerk’s Office.)

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MARCH 4, 2013

CALL TO ORDER

Audio

COMMISSIONERS' REPORTS

Commissioner Justman reported he attend the joint meeting with Grand Junction Economic Partnership and Grand Junction City Council; the Grand Junction Chamber of Commerce Afterhours event; Garfield County Commissioner workshop with the BLM in Glenwood Springs; and the Board met with Delta and Montrose County Commissioners.

Commissioner Pugliese reported the Board was finishing up with their orientation schedule by going to Tri-River Extension; she attended the Unaweep Tabeguache Byway meeting; she and Chair Acquafresca attended the Monument Road Open house; and she received an overview of the Ute Water system.

Chair Acquafresca reported he and Tom Fisher met with Dr. Michael Promenko on health care issues as it relates to the Mesa County Health Care Plan; attended the monthly Grand Valley Regional Transportation Committee, he was the sole dissenting vote on continuing the negotiations with several different parties regarding the concept of integrating Greyhound Bus system into the GVT system. He spent an afternoon on a conference call with the Bluestone Committee; participated in another conference call with CSU Extension Search Committee attempting to fill the horticulture position; attended the Mesa County Cattlemen’s annual meeting; and he and Commissioner Justman attended the Mesa County Woolgrowers annual banquet.

9:12 a.m. ADMINISTRATION

CONSENT AGENDA

1) APPROVE THE PURCHASE OF FOUR (4) REPLACEMENT LAW ENFORCEMENT VEHICLES ASSIGNED TO THE SHERIFF’S OFFICE PATROL DIVISION AT A COST OF $121,676.00.

(Continued from the previous page)

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2) ADOPT A RESOLUTION CONFIRMING PREVIOUS RESOLUTION MCM NO. 2003-164 AND ESTABLISHING A SEARCH COMMITTEE FOR THE POSITION OF MESA COUNTY ADMINISTRATOR AND AUTHORIZE THE CHAIR TO SIGN. (Resolution on file at the Mesa County Clerk’s Office; Resolution File No. MCM 2003-164(1).)

3) RATIFY THE APPOINTMENT OF DEREK WAGNER, COLORADO MESA UNIVERSITY, TO THE BOARD OF RIVERVIEW TECHNOLOGY CORPORATION (RTC).

Discussion on Consent Agenda Items:

1) Commissioner Justman asked if the patrol cars would be delivered to Mesa County. Scott Forsgren, Fleet Supervisor, stated they would be delivered to Mesa County. Chair Acquafresca asked about the preference for local bidders. Scott stated if the county we purchase from also has a local preference policy, in turn Mesa County could enforce their local preference policy. However, it does not come into play with this purchase.

JOHN JUSTMAN MOVED, ROSE PUGLIESE SECONDED, AND MOTION UNANIMOUSLY CARRIED TO APPROVE THE THREE ITEMS ON THE CONSENT AGENDA, AS WE JUST WENT THROUGH.

9:16 a.m.

INDIVIDUAL CONSIDERATION

ADOPT A RESOLUTION OF MESA COUNTY, COLORADO APPROVING THE CHANGE OF CONTROL OF THE CABLE FRANCHISE AND AUTHORIZE THE CHAIR TO SIGN.

Presenter: Lyle Dechant, County Attorney

Lyle Dechant, County Attorney, reviewed the resolution from Charter Communications Operating, LLC; this is to transfer the control of Bresnan Communications LLC to Charter. The original agreement in 1999 was to allow Bresnan (cable company) non-exclusive use of Mesa County rights-of-way. Cable is installed under the rights-of-way or hung on utility poles.

ROSE PUGLIESE MOVED, JOHN JUSTMAN SECONDED, AND MOTION UNANIMOUSLY CARRIED TO ADOPT A RESOLUTION OF MESA COUNTY, COLORADO APPROVING THE CHANGE OF CONTROL OF THE CABLE FRANCHISE AND AUTHORIZE THE CHAIR TO SIGN. (Resolution on file at the Mesa County Clerk’s Office; Resolution File No. MCM 2013-014.)

9:22 a.m. ADJOURN AS THE BOARD OF COUNTY COMMISSIONERS HEARING

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AND CONVENE AS BOARD OF HUMAN SERVICES

CONSENT AGENDA

1) APPROVE CONTRACT AMENDMENT #4 OF MCA 2010-047(4) BETWEEN THE MESA COUNTY BOARD OF HUMAN SERVICES AND THE STATE OF COLORADO, DEPARTMENT OF HEALTH CARE POLICY AND FINANCE TO ADD A QUALITY OF LIFE SURVEY SPECIFICALLY FOR COLORADO CHOICE TRANSITIONS PROGRAM PARTICIPANTS WITHIN THE SINGLE ENTRY POINT OPTIONS FOR LONG TERM CARE THAT WILL PROVIDE ASSURANCE THAT PARTICIPANTS IN THIS NEW DEMONSTRATION PROGRAM ARE SUCCESSFULLY BEING SERVED IN THE COMMUNITY AS OPPOSED TO AN INSTITUTIONAL SETTING BY CONDUCTING THREE (3) INTERVIEWS FOR ELIGIBLE PERSONS AND AUTHORIZE THE CHAIR TO SIGN.

Discussion on Consent Agenda Item:

Grant Jackson, Adult Services Director, reviewed the item; this will take eligible clients out of nursing facilities and place them back into homes. A survey is performed prior to transitioning from a nursing facility; a second survey is performed after eleven months, and the third is preformed at twenty-four months. After one-year, the clients will go into the Home Community Based Waiver Services. The projections are that Mesa County will serve approximately 40 to 50 clients with this program.

Commissioner Pugliese asked what the length of the survey was and who develops the questions on the survey. Grant stated the State has developed the survey; they train the local staff; there are no county dollars with this project.

JOHN JUSTMAN MOVED, ROSE PUGLIESE SECONDED, AND MOTION UNANIMOUSLY CARRIED TO APPROVE THE CONSENT ITEM NUMBER #4 OF MCA 2010-047(4) BETWEEN THE MESA COUNTY BOARD OF HUMAN SERVICES AND THE STATE OF COLORADO. (Agreement on file at the Mesa County Clerk’s Office; Contract and Agreement File No. MCA 2010-047(5).)

9:30 a.m.

ADJOURN AS THE BOARD OF HUMAN SERVICES AND RECONVENE AS THE BOARD OF COUNTY COMMISSIONERS

(For complete details on any item click on the audio link at the beginning of the document.)

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ADJOURN

With no further business to come before the Board, Chair Acquafresca adjourned the meeting at 9:30 a.m.

Sheila Reiner, Mesa County Clerk and Recorder

Roberta Raley, Steven Acquafresca, Clerk to the Board Chair

(Verbatim digital files of the Commissioners’ Proceedings of March 4, 2013, are on file in the Mesa County Clerk’s Office.)

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Hearing Date Requested: March 18, 2013

AGENDA ITEM SHEET Date Submitted: March 4, 2013

From: Connie Hahn Extension 1812

Presenter: Kevin King, Staff Engineer

C 3 Consent X Consideration Briefing

To: MESA COUNTY BOARD OF COUNTY COMMISSIONERS

TITLE OF ITEM: K Road Improvements from 22 ½ Road to 23 Road

RECOMMENDED BOARD ACTION: Sign and Execute a contract with M.A. Concrete Construction, Inc. and Mesa County for $862,816.19

JUSTIFICATION AND/OR BACKGROUND: Background: K Road is currently a narrow two lane asphalt road. Traffic is increasing on K Road because it provides an east-west alternative to Highway 6 & 50 from Fruita to Grand Junction. It is recommended that an addition of four feet wide pave shoulders on both sides and widened gravel shoulder be constructed to improve site distance and improve vehicle clear zone and recovery area. This is a multi-year project. Description: The phase generally consists of road reconstruction which entails drainage improvements, retaining wall, piping, excavation, embankment, asphalt paving, base course and seeding on K Road from 22 ½ Road to 23 Road. Bidding: Mesa County Public Works advertised for construction services with seven submitting bids. Bids were open with an apparent low bidder identified. The bids were verified for accuracy and ability of contractor to accomplish the works. The bids were as follow: M.A. Concrete $852,816.19 Sorter Construction $999,141.00 United Companies $1,029,732.40 Skyline Contracting $1,055,898.00 Rundle $1,042,884.25 Elam Construction $1,084,295.50 Mountain Valley $1,244,813.75 Budget: This is an identified and approved 2013 Capital Project.

FISCAL IMPACT: This item is budgeted in the following Account Code: 147 - 80303 - 80508 -

County $ $852,816.19 Federal $ State $ Other $

REVIEW:

Agenda B. Linn Date 3/4/13 County Attorney Nina Atencio Date 3/5/13

Risk Sheryl Coffey Date 3/4/13 Finance Jennifer Schmalz Date 3/7/13

COUNTY OF MESA, COLORADO AGREEMENT K ROAD IMPROVEMENTS 22 ½ ROAD TO 23 ROAD

This Agreement made and entered into this ______day of ______, by and between the COUNTY OF MESA, COLORADO, referred to as the “County” or “Owner” M.A. Concrete Construction Inc., hereinafter referred in the Contract Documents called the “Contractor”, party of the second part.

WITNESSETH, that the County advertised that sealed bids would be received for furnishing all labor, tools, supplies, equipment, materials and everything necessary and required for the construction project.

WHEREAS, the Agreement has been awarded to the above named Contractor by the County, and said Contractor is now willing and able to perform all of said work in accordance with said advertisement and his bid.

NOW THEREFORE, in consideration of the compensation to be paid the Contractor, the mutual covenants hereinafter set forth and subject to the terms hereinafter stated, it is mutually covenanted and agreed as follows:

ARTICLE I

Contract Documents: It is agreed by the parties hereto that the following list of installments, drawings, and documents which are attached hereto, bound herewith, or incorporated herein by reference constitute and shall be referred to either as the Contract Documents or the Agreement, and all of said instruments, drawings, and Documents taken together as a whole constitute a Contract between the parties hereto, and they are as fully a part of this Agreement as if they were set out verbatim and in full herein. Advertisement for Bids Instruction to Bidders Bid Statement of Bidders Qualifications Performance, Payment and Maintenance Bond Notification of Immigration Compliance Insurance Clarification Agreement Notice of Award Notice to Proceed Field Order Change Order Application for Payment Certificate of Substantial Completion Lien Waiver Project Special Provisions CDOT Revised Standard Specials Mesa County Special Provisions Plans and Drawings (Bearing the same Project name) CDOT 2011 Standard Specifications for Road and Bridge Construction Addenda (If Any) Additional Special Provisions (If Any)

In the event there is a conflict in the terms and conditions of the Contract Documents, they shall govern in the following order: 1. Agreement 3. Mesa County Special Provisions

Hearing Date Requested: March 18, 2013 AGENDA ITEM SHEET Date Submitted: February 25, 2013

From: Connie Hahn Extension 1812

Presenter: Timothy Hayashi, Senior Engineer

Consent X Consideration Briefing C 4

To: MESA COUNTY BOARD OF COUNTY COMMISSIONERS

TITLE OF ITEM: 46.7-W0.4 (Bluestone) Bridge Replacement

RECOMMENDED BOARD ACTION: Sign and Execute a contract with J C Excavating Inc., and Mesa County for $221,253.03

JUSTIFICATION AND/OR BACKGROUND: Background: The project generally consists of removal of the existing bridge located on W Road approximately 2.66 miles east of the W Road and DeBeque Cutoff Road intersection. Bridge to be replaced with a precast concrete box and includes a minor realignment of W Road. Construction to be coordinated with the Bluestone Irrigation Company. All irrigation water disruption shall be coordinated with the Bluestone Irrigation Company and shall not extend beyond April 10, 2013. Bidding: Mesa County Public Works advertised for construction services with 11 submitting bids. Bids were open with an apparent low bidder identified. The bids were verified for accuracy and ability of contractor to accomplish the works. The bids were as follow: J C Excavating $221,253.03 GA Western $234,214.19 J & K Trucking $252,860.50 Skyline Contracting $254,339.00 Lobos $258,174.04 Mountain Region $294,243.00 Johnson Construction $298,533.25 Ford Construction $305,654.59 United Companies $322,756.00 M.A. Concrete $398,275.08 Railroad Specialist $537,745.30 Budget: This is an identified and approved 2013 Capital Project.

FISCAL IMPACT: This item is budgeted in the following Account Code: 147 - 80303 - 80508 -

County $ $221,253.03 Federal $ State $ Other $

REVIEW:

Agenda B. Linn Date 2/25/13 County Attorney Angela Barnes Date 3/7/13

Risk Jean Boothe Date 2/25/13 Finance Eleanor Thomas Date 2/25/13

CONTRACT DOCUMENTS TABLE OF CONTENTS 13-03054C-MM-46.7-W0.4 (BLUESTONE) BRIDGE REPLACEMENT

Invitation to Bid PAGE - 2

Instructions to Bidders PAGE - 3

Bid PAGE - 10

Notification of Immigration Compliance PAGE - 17

Statement of Bidders Qualifications PAGE – 19

Performance, Payment and Maintenance Bond & Insurance Certificates PAGE - 23

Insurance Clarification PAGE - 27

Agreement PAGE - 30

Notice of Award PAGE - 39

Notice to Proceed PAGE - 40

Field Order PAGE - 41

Change Order PAGE - 42

Application for Payment PAGE - 45

Certificate of Substantial Completion PAGE - 47

Lien Waiver PAGE - 49

Mesa County Special Provisions PAGE - 51

Project Special Provisions PAGE – 85

Addendum PAGE - 106

INVITATION TO BID

The City of Grand Junction, on behalf of Mesa County, will receive sealed bids at the Office of the City Clerk at City Hall, 250 North Fifth Street, Grand Junction, Colorado, 81501, prior to 2:00 p.m. on February 12, 2013 for the 13-03054C MM-46.7-W0.4 (Bluestone) Bridge Replacement. All bids will be opened and read aloud at the City Hall Auditorium immediately following the submittal deadline. The project generally consists of removal of the existing bridge located on W Road approximately 2.66 miles east of the W Road and DeBeque Cutoff Road intersection. Bridge to be replaced with a precast concrete box and includes a minor realignment of W Road. Construction to be coordinated with the Bluestone Irrigation Company. All irrigation water disruption shall be coordinated with the Bluestone Irrigation Company and shall not extend beyond April 10, 2013. Plans, Specifications and other Bid Documents are available for review or download on the Bids page at www.gjcity.org. Hard copies will not be provided. A non-mandatory pre-bid meeting will be held at 3:30 P.M., February 5, 2013 in Multi Purpose Room A in the Mesa County Central Service Building located at 200 South Spruce, Grand Junction, CO 81501. Enter the building by the West Door which is marked: Elections/Food Distribution. Turn left and go down the hall to the Multi Purpose Room. Bidders are encouraged to do a site visit before the pre-bid. Deadline for question is end of day February 7, 2013. The City Clerk’s Office will stamp the date and mark the time received on all bids. Bids not received prior to the date and time indicated on the Invitation to Bid will not be considered. The City/Mesa County is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Bidder. Each Bid shall be submitted on a form furnished by the County and must be accompanied by a certified check, cashier’s check or Bid Bond in an amount not less than 5% of the amount of the Bid and made payable to Mesa County, Colorado. The successful Bidder will be required to furnish a Performance Bond and a Labor and Material Payment Bond, both in the amount of 100% of the total Contract amount, in conformity with the requirements of the Contract Documents and on forms provided by the County. The Contract will be awarded to the lowest qualified bidder, as determined by the statement of qualifications and the bid, which is deemed to be in the best interest of the County. The County reserves the right to accept the bid or any portion of the bid by a competent bidder that will result in the lowest cost to the County. The County reserves the right to accept or reject any portion or all bids without disclosing the reason therefore.

BIDDER shall submit documentation of Colorado Department of Transportation (CDOT) pre-qualified in the Discipline of General Construction work (CDOT Work Code #01) and Minor Structures (CDOT Work Code #11). Such pre-qualification shall be in a dollar amount equal to or exceeding the dollar value of the submitted bid. Documentation of pre-qualification will be required to be submitted with the bid. Bids from BIDDERS that are not listed on the CDOT pre-qualified Contractor Listing identified above MAY BE CONSIDERED A NON- RESPONSIVE BID.

No bids may be withdrawn after the opening of bids, without consent of Mesa County, for a period of sixty (60) days after the scheduled time of opening of bids. The successful bidder or bidders will be required to furnish satisfactory performance bonds equal to the full amount of each bid or bid. All bids must be submitted on the forms provided and must be signed by the bidder or his duly authorized agent.

CITY OF GRAND JUNCTION, COLORADO

Scott Hockins Purchasing Supervisor Published: The Daily Sentinel - January 20, 2013 January 23, 2013

2 INSTRUCTIONS TO BIDDERS

1. TERMINOLOGY

1.1 The OWNER is the County of Mesa, Colorado. Steve Acquafresca, John Justman, Rose Pugliese, or designated representative.

1.2 The OWNER’S DESIGNATED REPRESENTATIVE is Mesa County Senior Engineer, Timothy Hayashi, P.O. Box 20,000, Grand Junction, CO 81502, 970- 255-5035, [email protected]

1.3 The ENGINEER is Doug Theis, RiverCity Consultants, 744 Horizon Court, #110, Grand Junction, CO 81506, 970-241-8841, [email protected]

1.4 The CONTRACT ADMINISTRATOR is Connie Hahn, Mesa County Public Works, P.O. Box 20,000, Grand Junction, CO 81502, 970-244-1812, [email protected]

1.5 Terms used in the Instructions to BIDDERS shall have the meanings assigned to them in the Special Provisions.

2. BID PERIOD AND OPENING

2.1 BIDS will be received by the City of Grand Junction at the Office of the City Clerk at City Hall, 250 North Fifth Street, Grand Junction, CO, 81501, prior to 2:00 P.M. on February 12; 2013.All bids will be opened and read aloud at the City Hall Auditorium immediately following the submittal deadline.

3. PROJECT EVALUATION

3.1 The OWNERS assumes no responsibility for the accuracy of project information (Plans and Specifications) obtained from outside sources (Plan Rooms) other than the OWNER. Be aware, if the BIDDER chooses to pick plans and specification from a Plans Room rather than signing up with the OWNER, they may not be included in all Addenda, which could result in having a non-responsive BID.

3.2 BIDDERS must satisfy themselves as to the accuracy of the estimated quantities in the BID SCHEDULE by examination of the site and a review of the drawings and specifications including Addenda. After BIDS have been submitted, the BIDDER shall not assert that there was a misunderstanding concerning the quantities of WORK or the nature of the WORK to be done.

3.3 The OWNER shall provide BIDDERS prior to bidding, all information pertinent to, delineates, and describes the land owned and rights of way acquired or to be acquired.

3 3.4 The CONTRACT DOCUMENTS contain the provisions required for the performance of the Project. Information obtained from an officer, agent, or employee of the OWNER or any other person shall not affect the risks or obligations assumed by the CONTRACTOR or relieve him from fulfilling any of the conditions of the CONTRACT.

3.5 All applicable laws, ordinances, and rules or regulations of all authorities having jurisdiction over performance of the project shall apply to the WORK described by the CONTRACT DOCUMENTS. The BIDDER shall be responsible for compliance with these statutes.

3.6 Each BIDDER is responsible for inspection of the site, the reading and being thoroughly familiar with the CONTRACT DOCUMENTS. The failure or omission of a BIDDER to do any of the foregoing shall in no way relieve a BIDDER of obligations with respect to the BID.

3.7 Command type sentences are used in the CONTRACT DOCUMENTS. These refer to and are directed to the CONTRACTOR. Modifications, as stated in the special conditions, shall be given precedence over related language in other parts of the CONTRACT DOCUMENTS.

3.8 Questions regarding documents, discrepancies, omissions, or intent of the specifications or drawings on a technical level shall be communicated in writing to the ENGINEER, Doug Theis, 970-241-8841, [email protected] during business hours 8:00 a.m. to 5:00 p.m. Monday through Friday at least 7 days prior to the BID opening to provide time to issue an Addendum. Addenda will be issued, if in the opinion of the OWNER and the ENGINEER, it is necessary. The OWNER and the ENGINEER will not be responsible for oral interpretations of the specifications and drawings. All other questions, especially as they pertain to the Agreement shall be communicated in writing to the CONTRACT ADMINISTRATOR, Connie Hahn, 970-244-1812, [email protected] or the OWNERS DESIGNATED REPRESENTATIVE Timothy Hayashi, 970- 255-5035, [email protected] during business hours 8:00 a.m. to 5:00 p.m. Monday through Friday at least 7 days prior to the BID opening to provide time to issue an Addendum.

3.9 The BIDDER shall carefully examine the site of the WORK, the drawings, and the specifications. The submission of a BID will be conclusive evidence that the BIDDER has investigated and is satisfied as to the conditions to be encountered, with respect to character, quality, and quantity of WORK to be performed. Submission of a BID will also be seen as evidence of the BIDDERS understanding of the materials required for completion of the WORK, completion time, and the authority that the OWNER and the ENGINEER will exercise over the CONTRACT during its tenure.

4 3.10 Investigations of the subsurface conditions, if performed, were made for the purposes of the OWNER and ENGINEER. The OWNER and ENGINEER will make all of the subsurface data in their possession available to the BIDDER, at the request of the BIDDER, as a courtesy to the BIDDER. The OWNER assumes no responsibility whatever with respect to sufficiency or accuracy of bores, test pits, logs or interpretations within. The OWNER gives no guarantee, either expressed or implied, that the subsurface data available is representative of those existing throughout the WORK or any part thereof, or that unforeseen developments may not occur. If the BIDDER elects to rely on this data, any interpretations made by the BIDDER shall be the responsibility of the BIDDER. The BIDDER shall be free to make his own investigations of the subsurface conditions on which to base the BID.

3.11 A non-mandatory pre-bid meeting will be held at 3:30 P.M., February 5, 2013 in Multi Purpose Room A in the Mesa County Central Service Building located at 200 South Spruce, Grand Junction, CO 815021. Enter the building by the west door which is marked: Elections/Food Distribution. Turn left and go down the hall to the Multi Purpose Room. Bidders are encouraged to do a site visit before the pre-bid.

4. SUBSTITUTION OR APPROVAL OF ALTERNATIVE MATERIALS

4.1 To obtain approval during the BID period to use unspecified, “or equal”, or “as approved” materials, BIDDERS shall submit written requests at least 7 days prior to BID opening. Requests received later than this time will be considered at the discretion of the ENGINEER. Requests shall clearly describe the product for which approval is asked, including all necessary data to demonstrate its acceptability. The ENGINEER will make recommendations on acceptability and an Addendum will be issued if the product is acceptable.

5. BID FORMAT

5.1 Each BID must be submitted in a sealed envelope addressed to Mesa County Public Works Department, C/O City of Grand Junction, and delivered to Office of the City Clerk at City Hall, 250 North Fifth Street, Grand Junction, CO 81501 – 13-03054C MM-46.7-WO.4 (Bluestone) Bridge Replacement.

5.2 All BIDS must be made on the BID form included in the CONTRACT DOCUMENTS. All blank space for BID prices must be filled out in ink or typewritten, and the BID form must be completed in its entirety. Only one copy of the BID form is required.

5.3 The BIDDER shall supply the names and addresses of major material suppliers and SUBCONTRACTORS on the BID forms where requested.

5 5.4 The full name, business address, zip code and business telephone number with the area code of the individual, partnership, joint venture, or corporation submitting the bid shall be legibly printed on the BID forms. The BIDDER shall sign the form with his usual signature.

5.5 A partner shall sign for the partnership. The names of all partners with addresses shall be given.

5.6 An officer shall sign for a corporation, the corporate existence shall be attested by the corporate seal, and the names and titles of all officers of the corporation shall be given.

5.7 Any signature other than that of a corporate officer, partner, or the BIDDERS legally authorized agent or representative will be accepted only if an authenticated power of attorney is attached to the BID forms. All signatures shall be handwritten with the name printed or typewritten below the signature.

5.8 The BIDDER shall state for each item on the BID form the unit price and item total or lump sum in clearly legible figures. Prices shall be represented on the BID form with both numerals and works in the spaces provided for each. In case of conflict, words will take precedence.

5.9 In case of errors or uncertainty in pricing of any item, or if such pricing is omitted, then either unit prices or total price for the same item may be used, at the OWNERS discretion, to arrive at a total project BID cost. If the OWNER is unable to resolve ambiguities with respect to BID prices, the BID may be disregarded.

5.10 The BID shall contain the Statement of Bidders Qualifications and Notification of Immigration Compliance Requirements and Certification by Contractor. No Notice of Award shall be given until these documents are completed and signed.

5.11 BIDDER shall submit documentation of Colorado Department of Transportation (CDOT) pre-qualified in the Discipline of General Construction work (CDOT Work Code #01) and Minor Structures (CDOT Work Code #11). Such pre- qualification shall be in a dollar amount equal to or exceeding the dollar value of the submitted bid. Documentation of pre-qualification will be required to be submitted with the bid. Bids from BIDDERS that are not listed on the CDOT pre- qualified Contractor Listing for General Construction and Minor Structures MAY BE CONSIDERED A NON-RESPONSIVE BID.

5.12 The BID shall contain acknowledgment of receipt of all Addenda in the space provided in the BID forms.

6. BONDS

6.1 Each BID must be accompanied by a BID BOND payable to the OWNER for five percent of the total amount of the BID. As soon as the BID prices have been evaluated and a CONTRACT has been approved, the OWNER will return the Bonds to the remaining unsuccessful BIDDERS. The BID BOND of the successful BIDDER will be returned after the PERFORMANCE, PAYMENT and MAINTENANCE BOND has been executed and approved. A certified check may be used in lieu of a BID BOND.

6.2 A PERFORMANCE BOND and a PAYMENT AND MAINTENANCE BOND, each in the amount as specified in the Agreement, Article 7, with a corporate surety approved by the OWNER, will be required for the faithful performance of the CONTRACT.

6.3 Attorneys-in-fact who sign BID BONDS, or PERFORMANCE, PAYMENT and MAINTENANCE BOND must file with each BOND a certified and effective dated copy of their power of attorney.

7. EVALUATION OF BIDS

7.1 The OWNER may waive any informality or minor defects, or reject any and all BIDS. Any BID may be withdrawn prior to the BID opening. Any BID received after the time and date specified for the BID opening shall not be considered. No BIDDER may withdraw a BID within 60 days after the BID opening. Should there be reasons why the CONTRACT cannot be awarded within the specified period; the time within which the BID shall remain valid may be extended by mutual agreement between the OWNER and the BIDDER.

The OWNER, or the OWNERS Representative, may make such investigations, as he deems necessary to determine the ability of the BIDDER to perform the WORK. The BIDDER shall furnish the OWNER with all such information and data for this purpose as the OWNER may request. The OWNER reserves the right to reject any portion of a BID or the entire BID if, based on submitted evidence or the OWNERS investigation, said BIDDER fails to satisfy the OWNER that he is properly qualified to carry out the obligations of the CONTRACT and to complete the WORK as presented by the CONTRACT DOCUMENTS. The OWNER reserves the right to reject any portion or the entire complete bids without disclosing the reason therefore.

The OWNER reserves the right to disqualify any BIDDER who is not in good standing with Mesa County. Items that constitute “not in good standing” can include, but not limited to, lack of insurance, lack of performance on prior projects, or un-completed work.

7 7.2 All BIDDERS should be aware of Mesa County Purchasing Policy section 5.9 titled “Bid Preference for Mesa County Resident Bidder”. Complete Mesa County Purchasing Policy’s can be obtained by visiting the County web page: http://www.mesacounty.us/purchasing/.

7.3 A Conditional or Qualified BID will not be accepted.

8. NOTICE OF AWARD

8.1 The OWNER shall issue a Notice of Award along with the necessary CONTRACT and BOND forms to the lowest acceptable BIDDER that will result in completion of the WORK within the time allotted by the CONTRACT DOCUMENTS.

9. EXECUTION OF CONTRACT

9.1 The BIDDER, to whom the CONTRACT is awarded, will be required to execute the CONTRACT and obtain a PERFORMANCE, PAYMENT AND MAINTENANCE BOND and furnish INSURANCE CERTIFICATES within 10 calendar days from the date when the Notice of Award is delivered to the BIDDER. In case of failure of the BIDDER to execute the CONTRACT or provide the required bond and insurance certificates the OWNER may consider the BIDDER in default, and the BID BOND accompanying the bid shall become the property of the OWNER.

10. NOTICE TO PROCEED

10.1 The OWNER, within 20 calendar days of receipt of acceptable PERFORMANCE, PAYMENT AND MAINTENANCE BOND, INSURANCE CERTIFICATES and CONTRACT signed by the BIDDER to whom the CONTRACT was awarded, shall sign the Agreement and return to said BIDDER an executed duplicate of the CONTRACT. Should the OWNER not execute the CONTRACT within such period, the BIDDER may by written notice withdraw his signed CONTRACT. Such notice of withdrawal shall be effective upon receipt of the notice by the OWNER.

10.2 The Notice to Proceed shall be issued within 10 calendar days of the execution of the Contract by the Owner. Should there be reasons why the Notice to Proceed cannot be issued within such period; the time may be changed by mutual agreement between the OWNER and CONTRACTOR. If the Notice to Proceed is not issued within the 10-day period or within the period mutually agreed upon, the CONTRACTOR may terminate the CONTRACT without further liability on the part of either party.

8 11. LOCATION AND ACCESS

11.1 Encroachment on private property, outside the construction easements or right-of- way, by the CONTRACTOR or the WORK is prohibited unless special arrangements are made in writing with the property owner and agreed to by the ENGINEER or the OWNER. Damage to private property, both within and outside the delineated easements, must be minimized by the CONTRACTOR. The location of the project is as shown on the location map.

12. OWNERS RIGHT TO REJECT BIDS

12.1 The OWNER reserves the right to reject any or all bids and/or to waive technical defects as the interests of the OWNER may require. The OWNER proposes to award a CONTRACT to a single successful BIDDER as soon as possible after BIDS have been opened.

13. PRICES AND PAYMENTS

13.1 The quantities and portions of the WORK listed in the BIDDING SCHEDULE for which unit prices are asked, have been selected by the OWNER as the method of payment for the entire PROJECT as outlined in the drawings and described in the Specifications. Payments of these unit prices will be in full for the completed WORK and will cover materials, supplies, labor, tools, equipment and all other expenditures necessary to satisfactory compliance with the CONTRACT, unless specifically otherwise provided.

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

INSURANCE CLARIFICATION

1. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance/bonds sufficient to insure against all obligations assumed by Contractor pursuant to this agreement and shall not start work under this agreement until such insurance coverage has been obtained and approved in writing by the Board’s Contract Administrator.

2. Contractor shall require all subcontractors and sub-subcontractors to maintain during the term of this agreement, Commercial General Liability insurance, Comprehensive Automobile Liability insurance, and Workers' Compensation and Employers' Liability insurance, in the same manner as specified for Contractor. Contractor shall furnish subcontractors' certificates of insurance to the Board, with a copy to the Board’s Contract Administrator, immediately upon request.

3. All insurance policies required hereunder shall include a written thirty (30) day notification of cancellation. In that notice the Board and the Board’s Contract Administrator will be notified of any material changes in the insurance policy(s) such as; cancellation, non-renewal, or reduction in coverage or alteration of coverage.

4. Nothing herein shall be deemed or construed as a waiver of any of the protections to which the Board or Mesa County shall be entitled pursuant to the Colorado Government Immunity Act, sections 24-10-101, C.R.S., as amended.

5. All required insurance coverages must be acquired from insurers authorized to conduct business in the State of Colorado and acceptable to the Board and Mesa County. The insurers must also have policyholders' rating of "A-" or better, and financial class size of "Class VII" or better in the latest edition of Best's Insurance Reports, unless the Board grants specific approval for an exception.

6. Contractor shall procure and continuously maintain the minimum insurance coverage listed below, and additional coverage as may apply, with forms and insurers acceptable to the Board. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage.

a. Workers' Compensation and Employer's Liability Including Occupations Disease Coverage in accordance with scope and limits as required by the State of Colorado of $100,000 each accident; $100,000 disease each employee; $500,000 disease policy limit..

b. Commercial General Liability, "occurrence form," with minimum limits of ONE MILLION ($1,000,000) combined single limit, per occurrence for bodily injury, personal injury and property damage. In addition Contractor must either:

27 1)Agree to provide certificates of insurance evidencing the above coverage for a period of two years after the final payment for the contract OR 2)Purchase an extended (minimum two years) reporting period endorsement for the policy or policies in force during the term of this contract and evidence the purchase of this extended reporting period endorsement by means of a certificate of insurance or a copy of the endorsement itself.

c. Comprehensive Automobile Liability insurance with minimum limits for bodily injury and property damage of not less than ONE MILLION ($1,000,000) combined single limit per accident.

d. PROFESSIONAL LIABILITY INSURANCE with an endorsement for work under this Agreement, and coverage of no less than ONE MILLION ($1,000,000) per claim, and ONE MILLION ($1,000,000) aggregate for all Design/Build, Professional Service and Design Contracts.

e. EXCESS LIABILITY/UMBRELLA INSURANCE with a limit no less than ONE MILLION ($1,000,000) per occurrence/ONE MILLION ($1,000,000) aggregate, and coverage at least as broad as the primary Commercial General Liability policy.

7. The policies required by paragraphs (B) and (C) above shall be endorsed to specify; "Mesa County, their officers, officials, employees and volunteers as INSUREDS, as respects liability, on behalf of Contractor, arising out of this Contract." All certificates of insurance are to be submitted on standard "ACCORD 25-S" form.

8. Depending on the nature and scope of the services to be provided under this Contract, additional insurance requirements may be specified by the Board. Items listed below, which have been marked with an "X" are required of Contractor by the Board as a condition of this Contract. Contractor initial, placed by the corresponding "X", shall acknowledge the Contractor compliance in meeting the specific insurance requirement(s).

Your Initial X

___ BUILDERS RISK INSURANCE must be in an amount equal to the aggregate total of the initial contract prices in the contracts, as well as any subsequent modifications. The policy must be in Completed Value Form, insuring the entire project for, at least Broad Form coverage including theft. Such Insurance shall remain in effect until 12:00 noon on the day following the date of final acceptance of the entire project, whether or not the building or some part thereof is occupied in any manner prior to final acceptance of the project.

28 _ch__ _x_ BID BONDS AND/OR PERFORMANCE BONDS. Bid bond coverage to be determined as a percentage of the total bid. Performance Bond in the amount of 100% of the project contract.

___ __ Other insurance as required. If other insurance is required it will be included and referred to as "EXHIBIT E."

COUNTY OF MESA, COLORADO AGREEMENT MM 46.7-WO.4 (BLUESTONE) BRIDGE REPLACEMENT PROJECT

This Agreement made and entered into this ______day of ______, by and between the COUNTY OF MESA, COLORADO, referred to as the “County” or “Owner” and J C Excavating, Inc., hereinafter referred in the Contract Documents called the “Contractor”, party of the second part.

ARTICLE I

In the event there is a conflict in the terms and conditions of the Contract Documents, they shall govern in the following order: 1. Agreement 3. Mesa County Special Provisions

2. Project Specifications 4. CDOT Revised Standard Specifications 5. CDOT 2011 Standard Specifications for Road and Bridge Construction

For clarification, the remaining documents shall be utilized.

ARTICLE 2

Definitions: The definitions provided in the Mesa County Special Provisions and the 2011 Standard Specifications for Road and Bridge Constructions (CDOT), apply to the terms used in the Agreement and all Contract Documents, unless specifically modified by this Agreement.

ARTICLE 3

Statement of Work: The Contractor agrees to and shall furnish all labor, tools, supplies, equipment, materials, and everything necessary for and required to do, perform and complete all of the work described, drawn, set forth, shown, and included in said Contract Documents.

ARTICLE 4

Contract Time: The Contractor agrees to undertake the performance of the Work under the Agreement within ten (10) calendar days after the date of the Notice to Proceed and agrees to fully complete said Work within the stipulated working days noted hereinafter unless an extension of time is granted by the County. The Contract Time for Substantial Completion of all required Work shall be May 15, 2013.

ARTICLE 5

Liquidated Damages: It is understood and agreed by and between the County and the Contractor that should the completion of the entire project be delayed beyond the stipulated day herein specified, the County will suffer substantial damages, which damages it would be difficult to accurately determine. The parties hereto have considered the possible limit of damages and have agreed that a delay in completion of this work will cost per section 108.09 of the 2011 CDOT Standard Specifications. If the Contractor shall fail to pay such liquidated damages promptly upon demand, therefore, the Surety on the Performance Bond shall pay such damages. Also, the County may hold all or part of such liquidated damages from payments due the Contractor.

ARTICLE 6

Terms of Payment: The Contractor agrees to accept as his full and only compensation for the performance of all the work required under this price or prices set forth in the Contractor’s Document, attached hereto and made a part hereof for Contract items numbered 1 through 28, for total estimated cost thereof to be Two Hundred Twenty One Thousand, Two Hundred Fifty Three Dollars and 03/100’s, ($221,253.03). Partial payments will be made for Work completed during the previous month and certified by the Engineer as well as for materials (invoice cost only) delivered to the Project site and suitably stored.

Application for partial payments for stored materials must be accompanied by certified invoices showing all pertinent data that may be required by the Engineer to verify the accuracy of the invoices and their relation to the stored materials. Failure to provide certified invoices will disqualify the materials, in question, from consideration for partial payment. Partial payments for Work completed during the previous month will be made based on the Contractor’s Applications for Payment (with the exception of the first submitted payment) and shall be accompanied by partial waivers of lien for the Major Contract Items and stored materials that were allowed partial payment during the prior month.

Failure of the Contractor to provide partial waivers of lien for previous partial payments, will be just cause for reducing subsequent partial payments by an amount equal to the sum of any and all outstanding partial waivers of lien until such time as the outstanding waivers are provided.

All partial waivers of lien shall be sworn to and notarized by the party (s) granting the waiver.

All lien waivers shall show whether any or all of the amount being waived is under dispute. Any amounts under dispute will not be eligible for partial payment until said dispute has been resolved and the Engineer has been so notified in writing.

All material and work covered by partial payments made shall thereupon become the sole property of the County, but this provision shall not be construed as relieving the Contractor from the sole responsibility for all materials and work upon which payments have been made or the restoration of any damaged work, or as a waiver of the right of the County to require the fulfillment of all the terms of the Agreement.

The Owner will retain, from partial payments, five percent (5%) of the total amount due the Contractor based on the Contractor’s Application for Payment and the Owners Representatives recommendation of the work required by the Agreement has been performed. Thereafter, the Owner may pay any of the remaining installments without retaining additional funds if, in the opinion of the Owner, satisfactory progress is being made in the work. The Owner may, at his sole discretion, at any time during the Contract Time, reduce the percentage of the total amount due which is retained when it appears that such retainage is not necessary to adequately protect the Owner.

Upon completion of the Work under the Agreement, and prior to the payment, the Engineer and Owner shall publish, in the newspaper published in the County the Notice of Contractor’s Settlement, which shall state that they have accepted said Work as completed according to the Contract Documents and that the Contractor is entitled to final settlement and that, upon thirty days notice following the date of first publication, specifying the exact date, the County will pay the full balance due under the Agreement, and that persons having claims for labor or material furnished the Contractor shall present the same to the County prior to said date specified for such payment. Nothing contained herein shall be construed as relieving the Contractor and the Sureties on the Contractor’s Bond from any claim or claims for work or labor done or materials or supplies furnished in the execution of the Agreement it is the intent of the Owner, to make payment for partial payments in at timely manner as follows:

1) The Contractor shall submit his Application for Payment not later than the first day of the month.

2) The Owners Representative will, within 30 calendar days after receipt, submit the Application for Payment to the Owner for payment along with his Recommendation of Payment, noting any changes.

CHANGE OF CONTRACT PRICE

The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to Contractor for performing Work. All duties, responsibilities and obligations assigned to or undertaken by Contractor shall be at his expense without change in the Contract Price.

The Contract Price may only be changed by a Change Order. Any claim from the Contractor for a change in the Contract Price shall be based on written notice delivered to Owner Representative within fifteen (15) days of the occurrence of the event, giving rise to the claim. Notice of the amount of the claim with supporting data shall be delivered within forty-five (45) days of such occurrence unless Owner Representative allows an additional period of time to ascertain accurate cost data. Any change by the Owner Representative shall be described on a Change Order and issued to the Contractor.

All claims for adjustment in the Contract Price shall be determined by Public Works Director, if Owner and Contractor cannot otherwise agree on the amount involved. Any change in the Contract Price resulting from any such claim for adjustment shall be incorporated in the Change Order.

The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined as defined in section 109.04 of the Mesa County Special Provisions, and section 105.03 of the CDOT Revised Standard Special Provisions and CDOT Standard Specifications for Road and Bridge Construction contained and/or referenced herein.

CHANGE OF THE CONTRACT TIME

The Contract Time may only be changed by a Change Order. Any claim from Contractor for an extension in the Contract Time shall be based on written notice delivered to Owner Representative within fifteen (15) days of the occurrence of the event, giving rise to the claim. Notice of the extent of the claim with supporting data shall be delivered within forty-five (45) days of such occurrence unless Owner Representative allows and additional period of time to ascertain more accurate data.

All claims for adjustment in the Contract Time shall be determined by Owner Representative if an agreement cannot be reached. Any change in the Contract Time resulting from any such claim shall be incorporated in a Change Order. Any change by the Owner Representative shall be described on a Change Order and issued to the Contractor.

The Contract Time may be extended in an amount equal to time lost due to delays beyond the control of Contractor if a claim is made therefore as provided in the previous paragraph. Such delays shall include, but not be limited to fires, floods, epidemics, abnormal weather conditions, or acts of God.

All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Section shall not exclude recovery for damages (including compensation for additional professional services) for delay by either party.

ARTICLE 7

Bonds and Insurance: The Contractor furnishes currently herewith the bonds and insurance required by the Contract Documents, said bonds and insurance having been approved by the County and attached hereto. The Performance Bond will be in an amount not less than one- hundred percent (100%) of the estimated aggregate payments to be made under the Agreement but, in any event, shall provide for the completion of the project in accordance with the Contract Documents, without additional cost to the County. The Payment Bond will be in an amount not less than the aggregate total of all materials, labor and subcontracted work, exclusive of the Contractors overhead and profit, or one-hundred percent (100%) of the estimated aggregate payments to be made under the Agreement, whichever is greater. The Maintenance Bond will be so conditioned as to provide for the correction of workmanship for a period of one year following final acceptance of the project, and shall cover not only the material but also costs of removal, correction, re-construction and any other costs incurred in the repair of defective portions of the Work.

If notice of any change affecting the general scope of the Work or change in the Contract Price is required by the provisions of any Bond to be given to the Surety, it will be Contractor’s responsibility to so notify the Surety, and the amount of each applicable Bond shall be adjusted accordingly. Contractor shall furnish proof of such adjustment to Owner.

The Contractor's insurance policies shall be endorsed to include, for the benefit of County, a 30-day advance written notice of cancellation, non-renewal, or reduction in policy limits of liability by endorsement. Additionally it shall specifically state on the Commercial General Liability and Auto Liability policies the following: “Mesa County, its officers, officials, employees and volunteers as INSUREDS, as respects liability, on behalf of Contractor, arising out of this Contract.” All certificates of insurance are to be submitted on standard “ACCORD 25-S” form. A Certificate of such insurance coverage naming Mesa County, its officials, officers, employees and agents as insured, shall be supplied to Mesa County upon signing of this Contract. Failure to obtain or maintain such insurance shall constitute a breach of the Contract. Contractor shall require all subcontractors and sub-subcontractors to maintain during the term of this agreement, Commercial General Liability insurance, Comprehensive Automobile Liability insurance, and Workers' Compensation and Employers' Liability insurance, in the same manner as specified for Contractor. Contractor shall furnish subcontractors' certificates of insurance to the Board, with a copy to the Board’s Contract Administrator, immediately upon request.

ARTICLE 8

1) Any other work, materials, equipment or machinery not specifically described or expressly covered herein, but which is required or necessary to perform or complete the work, which is contemplated, shall be deemed to be, and is, covered by this Agreement.

2) The Contractor shall perform its work hereunder in accordance with sound and acceptable industry or professional practices and standards and in accordance with all codes, standards, regulations, and laws applicable to the work; and prior to beginning work, shall secure, at Contractor’s expense, all necessary permits required by any governmental agency with jurisdiction.

3) In the performance of work under this Agreement, the Contractor shall be deemed to be, and is, an independent Contractor with the authority to control and direct the performance and details of its work; the County being interested only in the results obtained. As an independent contractor, Contractor shall be responsible for payment of all taxes including federal, state and local taxes arising out of the activities under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or license fees required.

4) Precautions shall be exercised at all times for the protection of all persons (including County employees) and property. The safety provisions of all applicable laws, regulations, and codes shall be observed. Hazards arising from the use of vehicles, machinery, and equipment shall be guarded or eliminated in accordance with the highest accepted standards of safety practice. The Contractor and any subcontractors shall comply fully with all requirements of the Occupational Safety and Health Act, and any other pertinent Federal, State or Local Statutes, rules or regulations. The Contractor and any subcontractors shall bear full responsibility for payment of any fines or other punishments resulting from violation of any such statutes, rules or regulations.

5) This Agreement may not be assigned or subcontracted without the prior express written consent of the County and specifically the Contractor shall not assign any money due or to become due without prior written consent of the Owner. Any attempt to assign this Agreement or any portion of this Agreement without the prior express written consent of the County shall render the Agreement null and void with respect to the attempted assignee.

6) The County reserves the right, without notice and at reasonable times, to inspect the work accomplished by the Contractor under this Agreement. The right of inspection reserved in the County is for the protection of County in assuring that the work is proceeding in a timely and satisfactory manner and does not relieve the Contractor from responsibility for selecting appropriate means of fulfilling its obligations hereunder.

7) The County, or its designee, may, at reasonable times, during the term of this Agreement or for two years after its termination or expiration, audit the Contractor’s books with regard to this Agreement, and the Contractor shall retain its books and records for the required period.

8) This is not an exclusive Agreement. The County may, at its sole discretion, contract with other entities for work similar to that to be performed by the Contractor hereunder. Contractor may contract to perform similar work for others, and is not expected to work exclusively for County.

9) This Agreement is and shall be deemed to be performable in the County of Mesa, Colorado, and venue for any dispute hereunder shall be in the District Court of the County of Mesa, Colorado. In the event of dispute concerning performance hereunder, the parties agree that the Court may enter judgment in favor of the prevailing party for costs and reasonable attorneys’ fees.

10) Contractor agrees that any information received by Contractor during any furtherance of the Contractor’s obligations hereunder will be treated by the Contractor as confidential and will not be revealed to other persons, firms or organizations unless required by state, federal or local law.

11) (This paragraph applies if the work performed is a “public work”): In discharge of this Agreement, Contractor shall employ Colorado labor to perform not less than 80% of each type or class of labor in each of the several classifications of skilled and common labor employed on this project. A “public work” is any construction, alteration, repair, demolition, or improvement of any building, road, street, bridge, drain, park, or other structure suitable for and intended for use by the public.

12) This agreement constitutes the entire agreement between the parties, and no changes or modifications shall be effective unless reduced to writing and signed by the party to be charged.

13) Persons signing as or on behalf of Contractor represent by their signature that the person signing is fully authorized to so sign this Agreement and that the Contractor has taken all steps necessary that the signature is binding upon the Contractor.

14) The provisions of this Agreement shall be severable; and the invalidity of any provisions shall not invalidate the remaining provisions hereof.

15) Contractor shall indemnify, and hold harmless the County, its agents, officials and employees, against all loss or damages, including penalties, charges, professional fees, interest, costs, expenses and liabilities of every kind and character arising out of, or relating to, any and all claims and causes of actions of every kind and character, in connection with, directly or indirectly, this Agreement, whether or not it shall be alleged or determined that the harm was caused through or by the Contractor or the subcontractor, if any, or their respective employees and agents, or a party indemnified hereunder. Contractor further agrees that its obligations to the County under this paragraph include claims against the County by Contractor’s employees whether or not such claim is covered by workers compensation. Contractor expressly understands and agrees that any insurance or bond protection required by this contract, or otherwise provided by Contractor, shall in no way

limit the responsibility to indemnify, keep and save harmless and defend the County as herein provided, and such obligation exists even if the claim is fraudulent or groundless.

16) Contractor assures that where activities supported by this Agreement produce any discovery or invention, original computer programs, writing, sound recordings, pictorial reproductions, drawing or other graphical representation and works of any similar nature, the County has the right to use, duplicate and disclose, in whole or in part in any manner for any purpose whatsoever and authorize others to do so. If the material or invention is copyrightable, the Contractor may copyright such, but the County reserves the royalty-free non-exclusive and irreversible license to practice, reproduce, publish and use such materials in whole or in part, and authorize others to do so.

17) Conformance with Law: The Contractor shall at all times during the performance period strictly adhere to all applicable federal and state laws and implementing regulations as they currently exist and may hereafter be amended. Contractor shall also require compliance with these statutes and regulations in subcontract and sub-grant agreements, if any permitted under this Agreement. Without limitation, these federal and state laws and regulations include:

Age Discrimination Act of 1975, 42 USC Sections 6101 et seq and its implementing regulation, 45 CFR Part 91; Age Discrimination in Employment Act of 1967, 29 USC 621-634; Americans with Disabilities Act of 1990 (ADA), 42 USC 12101 et seq; Drug Free Workplace Act of 1988, 41USC 701 et seq; Equal Pay Act of 1963, 29 USC 206(d); Immigration Reform and Control Act of 1986, 8 USC 1324b; Pro-Children Act of 1994, 20 USC 6081 et seq; Section 504 of the Rehabilitation Act of 1973, 29 USC 794, as amended, and implementing regulation 45 CFR Part 84; Titles VI and VII of the Civil Rights Act of 1964, 42 USC 2000d and e; Title IX of the Education Amendments of 1972, 20 USC 1681 et seq; Section 24-34-302, et seq, Colorado Revised Statutes 1993, as amended; The “Uniform Administrative Requirements of Grants and Cooperative Agreements to State and Local Governments (Common Rule)”, at 49 CFR, Part 18; Office of Management an Budget Circulars A-87, A-21, or A-22, and A-102 or A-110, whichever are applicable; The Hatch Act (5 USC 1501-1508 and PL 95-454 Section 4728). These statutes state that federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally assisted programs.

18) Non-discrimination: Contractor shall not discriminate against any person on the basis of race, color, national origin, age, sex, religion and disability, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions, in performance of work and provision of services under this Agreement.

37 38 39 NOTICE TO PROCEED

To:

Date:

Project:

You are hereby notified to commence Work in accordance with the Contract dated ______, on or before ______, and you are to fully complete said Work on or before ______, and to complete other specified items of work in accordance with the dates specified in Article 4 of the Agreement.

Please prepare and make available for the preconstruction meeting on ______the Initial Project Schedule under SECTION 108, the Project Traffic Control Plan required for Mesa County and a draft of the Project Storm Water Management Plan required by Section 208.

By:

Title:

Address: P.O. Box 20,000 200 South Spruce Street Grand Junction, Colorado 81502-5013

Telephone: (970) 244-1686

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE TO PROCEED is hereby acknowledged

By ______

This the ______day of ______, 20____.

By: ______

Title: ______

Telephone: ______

FIELD ORDER

FIELD ORDER NO: ______

DATED: ______

Project:

County Project Number:

Contractor:

Attention:

You are directed to make the changes as defined below and on any attached pages.

Description of Required Changes:

Changes Ordered By: ______Mesa County Engineering, Project Engineer

Dated: ______, 20___

Changes Accepted By: ______Contractor or Authorized Representative

Dated: ______, 20___

41 CHANGE ORDER

CHANGE ORDER NO.

Date: Project: CPN: Contractor: Contract For: Contract Date: To:

You are directed to make the changes noted below in the subject Contract:

Mesa County By:

Dated:

NATURE OF CHANGES:

BID ITEM CDOT BID CO 1 TOTAL # REF # DESCRIPTION QUAN. QUAN. CHANGE UNITS UNIT $ COST

TOTAL CHANGE ORDER COST

These changes result in the following adjustment of Contract Price and Contract Time:

Contract Price:

Prior to Change Order: $

Decrease/Increase: $ Current Contract Price: $ (Including Change Order)

Contract Time:

Prior to Change Order: 60 days from Notice to Proceed issued

Decrease/Increase:

Current Contract Time:

The Above Changes are Approved:

Mesa County Public Works

By: ______

Date:

The foregoing Change Order No. 1 is satisfactory and is hereby accepted. In accepting this Change Order No. 1, the Contractor acknowledges that he has no unsatisfied claim against the County arising out of or resulting from this Order, and the Contractor hereby releases and discharges the County from any and all claims or demands whatsoever arising out of or resulting from this Order.

The Above Changes are Accepted:

Contractor:

By: ______

Date: ______

SUMMARY OF CHANGE ORDERS

These Change Orders to date have resulted in the following adjustment of Contract Price and Contract Time:

Original Contract Price: $ Original Contract Time: 60 days from Notice to Proceed

Change Order No. Date Amount (+ or-) Time (+ or -)

Net Change of ALL Change Orders (+ or -) Net Change this Change Order (+ or -) New Contract Price Time if this Change Order is Executed

APPLICATION FOR PAYMENT

Number <>

To:

Project:

Contractor:

Contract Date:

County’s Project Number:

For Work Accomplished Through:

CONTRACTORS SCHEDULE OF WORK (See Attached)

Bid Schedule Completed Work Previous Item Unit Price Quantity Amount Applications Quantity Amount $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

Totals $ $

Original Contract Amount: $______

Net Changes: $______

Contract Sum to Date: $______

Total Completed & Stored to Date: $ ______

Less 5% Retainage of Contract Value: $ ______

Total Earned Less Retainage: $ ______

Less Previous Payments: $ ______

Amount Due this Application: $ ______

CONTRACTOR’S Certification:

The undersigned CONTRACTOR certifies that (1) all previous progress payments received from County on account of Work done under the Contract referred to above have applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through ______inclusive; and (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this application for Payment will pass to County at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to County).

Dated: ______, 20 ____

By: ______

County REPRESENTATIVE Recommendation:

This Application (with accompanying documentation) meets the requirements of the Contract Documents and payment of the above AMOUNT DUE THIS APPLICATION is recommended.

Dated: ______, 20 ___ Mesa County Engineering Division

By: ______

CERTIFICATE OF SUBSTANTIAL COMPLETION

County’s Project No.:

Project:

Contractor: ______

Contract for: ______

Contract Date: ______

This Certificate of Substantial Completion applies to Work under the Contract Documents:

To: MESA COUNTY County

And To: Contractor

The Work to which the Certificate applies has been inspected by authorized representatives of County, CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on:

______Date of Substantial Completion

A tentative 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 CONTRACTOR to complete all the Work in accordance with the Contract Documents. When this Certificate applies to a specified part of the Work the items in the tentative list shall be completed or corrected by CONTRACTOR within 30 days of the above date of Substantial Completion.

The Date of Substantial Completion is the date upon which all guarantees and warranties begin, except as follows: ______

The responsibilities between County and CONTRACTOR for security, operation, safety, maintenance, and insurance shall be as follows:

Responsibilities:

County: Shall be in accordance with Contract Documents

CONTRACTOR: Shall be in accordance with Contract Documents

The following documents are attached to and made a part of this Certificate:

______

Executed by County’s REPRESENTATIVE on ______

By: ______

The CONTRACTOR accepts this Certificate of Substantial Completion on ______

By: ______

48 LIEN WAIVER

$______, Colo., Date: ______

Received of ______being the sum of ______Dollars, being (check one)  partial payment  full payment of all demands for labor, services, machinery, tools, equipment, laborers or materials heretofore furnished to ______in connection with Mesa County Project ______located in the County of Mesa, State of Colorado, and in consideration of the aforesaid payment the undersigned hereby waive, relinquish and absolutely release forever, all right to claim a mechanic’s lien against the above described property which might accrue under the laws of the State of Colorado by virtue of the aforesaid work done, laborers or material furnished prior to ______(date). The undersigned hereby swears and affirms that this instrument is signed under no constraint as a free and voluntary act, and that the undersigned is authorized to release the above- reference claim on behalf of sub-contractor ______. ______Sub-Contractor

State of ______) ss. County of ______)

Being duly sworn states that he/she is ______of

(Sub-Contractor)______and that the all statements herein contained are true and correct.

Subscribed and sworn to before me this ______day of ______, 20______.

______Notary Public (seal)

My Commission Expires ______

49 ______Contractor

State of ______) ss. County of ______)

Being duly sworn states that he/she is ______of

(Contractor)______and that all statements herein contained are true and correct.

Subscribed and sworn to before me this ______day of ______, 20______.

______Notary Public (seal)

My Commission Expires ______

50 MESA COUNTY PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS

♦ The CDOT 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. MESA COUNTY SPECIAL PROVISIONS

Revision Date No. of Pages Index Page (January 2013) 1 Revision of Section 101-Definitions and Terms (January 2013) 3 Revision of Section 103-Award and Execution of Contract (January 2013) 1 Revision of Section 104-Scope of Work (January 2013) 2 Revision of Section 105-Control of Work (January 2013) 11 Revision of Section 106-Control of Material (January 2013) 2 Revision of Section 107-Legal Relations and Responsibility to Public (January 2013) 4 Revision of Section 108-Prosecution and Progress (January 2013) 2 Revision of Section 109-Measurement and Payment (January 2013) 8

*****************************************************************************************

COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS

♦ STANDARD SPECIAL PROVISIONS

SSP Index as of the date of this Contract [For 2011 Spec Book]

http://www.coloradodot.info/business/designsupport/construction-specifications/2011-Specs/standard- special-provisions/SSP-Index-2012-07-19.docx/view

51 Section 101 of the Colorado Department of Transportation, Standard Specifications revised as follows:

101.10 Clarification – The term “CDOT Resident Engineer” shall be read and understood to be “Mesa County Project Engineer.”

101.17 Modification – Replace the first paragraph with the following: The written agreement between Mesa County and the Contractor setting forth the obligations of the parties for the performance of work and the basis of payment. The Contract may also be referred to as the “Agreement”.

101.25 Clarification – The “County” is Mesa County, Colorado.

101.28 Clarification – The term “State Department of Transportation shall be read as and understood to be the “Mesa County Public Works Department” and the CDOT shall be read as and understood to be Mesa County Public Works.

101.29 Clarification – The term “Engineer” shall be read as and understood to be the “Mesa County Project Engineer or Designee.”

101.36 Clarification- Replace the recognized Holidays with the following Mesa County Holidays:

• New Year’s Day • Martin Luther King, Jr. Day • Washington-L incoln Day • Memoria l Day • Independence Day • Labor Day • Veteran’s Day • Thanksgiving Day (and the Friday after) • Christmas Day

101.58 Clarification - Regional Transportation Director is to be read as and understood to be Mesa County Public Works Director.

101.73 Modification – Replace the term “Department” with CDOT.

52 101.76 Clarification – Unless otherwise specifically provided in the Agreement and where not in conflict with Federal, State and County: jurisdiction, rules, regulations or laws, “State” shall be read and understood to be Mesa County.

101.96 Addition – Addenda. A written or graphic instruments issued prior to the opening of Bids which clarifies, corrects or changes the Construction Documents of which the bid(s) pertain.

101.97 Addition – Agreement or Contract. The written agreement between the Owner and Contractor covering the work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein.

101.98 Addition - Application for Payment. The form accepted by Owner Representative which is to be used by Contractor in requesting progress or final payment and which is to include such supporting documentation as is required by the Contract.

101.99 Addition - B id. The offer or proposal of the Bidder submitted on the prescribed form setting forth the process for the work to be performed.

101.100 Addition - Bonds . Bid, performance, payment, and maintenance bonds and other instruments of security.

101.101 Addition - Modification. (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order, or (c) a Field Order. A modification may only be issued after the effective date of the Agreement.

101.102 Addition - Owne r. Mesa County, the public body with whom Contractor has entered into an Agreement and for whom the Work is to be provided. Owner may also be referred to as County.

101.103 Addition - Owner Representative. The authorized representative from the Owner’s Public Works Department or a designated representative.

101.104 Addition - Substantial Completion. A progress point within the completed Work or a specified part thereof, that in the opinion of the Owner Representative the Contractor has sufficiently met. As evidenced by a definitive certification of Substantial Completion, and issued such that the work or specified part can be utilized for the purposes for which it was intended; or if there be no such certificate issued, when final payment is due in accordance with subsection 109.06. The terms “substantially complete” and “substantially completed” may apply to any Work. 53 101.105 Addition – Contract Price . The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to Contractor for performing the Work.

54 Section 103 of the Standard Specifications is hereby revised as follows:

103.03 inc lude the follow ing:

If the Surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located, or it ceases to meet the requirements of section 103, Contractor shall within five (5) days thereafter substitute another Bond and Surety, both of which shall be acceptable to Owner. Notification shall be immediately given to Owner by Contractor of the bankruptcy or insolvency of the Surety on any Bond.

55 Section 104 of the Standard Specifications is hereby revised as follows:

104.01 include the following:

Neither Contractor nor any Subcontractor, manufacturer, fabricator, supplier or distributor shall have or acquire any title to or Ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer and they shall not reuse any of them on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer.

104.02 include the following prior to part (a):

Owner Representative may authorize with concurrence of the County, minor changes in the Work not involving an adjustment in the Contract Price or the Contract Time, which are consistent with the overall intent of the Contract Documents. These changes may be accomplished by a Field Order and shall be binding on Owner, and also on Contractor who shall perform the change promptly. If the Contractor believes that a Field Order justifies an increase in the Contract Price or Contract Time, Contractor may make a claim therefore as provided in subsections 105.22.

Additional Work performed without authorization of a Change Order will not entitle Contractor to an increase in the Contractor Price or an extension of the Contract Time, except in the case of an emergency as provided in subsection 107.26, as amended by Standard Special Provisions, and except as provided in the previous paragraphs, or subsection 105.21.

Owner shall execute appropriate Change Orders prepared by Owner Representative covering changes in the Work which are required by Owner, or required because of unforeseen physical conditions or emergencies, or because of uncover Work found not to be defective, or as provided in subsection 105.16 or because of any other claim of Contractor for a change in the Contract Time or the Contract Price which is recommended by Owner Representative.

104.04 Delete second paragraph of subsection (a) and replace with:

Maintenance requirements, as approved, will be paid for by the appropriate bid item; however if a bid item does not exist, then the Contractor shall be responsible to provide the required maintenance without separate payment.

56 104.06 Add the follow ing:

During the progress of the Work, Contractor shall keep the premises free from accumulations of waste materials, rubbish and debris from and about the premises, as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by Owner. Contractor shall restore to their original condition those portions of the site not designated for alteration by the Contract Documents.

57 Section 105 of the Standard Specifications is hereby revised as follows:

Delete subsection 105.01 and replace with the following:

The Public Works Director will designate a representative during the construction period. The duties, responsibilities, limitations and authority of the Owner Representative during the construction period are set forth in the following and shall not be extended without written consent of Owner.

Owner Representative will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. Owner Representative will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of such visits and on-site observations as an experienced and qualified design professional, Owner Representative will endeavor to guard Owner against defects and deficiencies in the Work, however, such visits shall not relieve the Contractor form liability to fulfill this Agreement.

Owner Representative will issue with reasonable promptness such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as the Owner Representative may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If Contractor believes that a written clarification or interpretation justifies an increase in the Contract Price or Contract Time, Contractor may make a claim therefore as provided in subsections 105.21 and as indicated in Article 6 of Agreement.

Owner Representative will have authority to disapprove or reject Work which is defective, and will also have authority to require special inspection or testing of the Work as provided in subsection 105.15, whether or not the Work is fabricated, installed or completed.

Owner Representative will not be responsible for Contractor’s means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and Owner Representative will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents.

58 Owner Representative will not be responsible for the acts or omissions of Contractor or of any Subcontractors, or of the agents or employees of any Contractor or Subcontractors, or of any other persons at the site or otherwise performing any of the Work.

In subsection 105.02, delete section (f) and replace with the following:

Contractor shall keep on record copy of all Specifications, As-Built Drawings, Addenda, Modifications, Shop Drawings and samples at the site, in good order and annotated once a week to show all changes made during the construction process. These shall be available to Owner Representative for examination and shall be delivered to the Engineer for transmittal to the Owner upon completion of the Work.

Delete subsection 105.09 and replace with the following:

All construction shall be in conformance with the Plans, Technical Specifications, the Mesa County Standard Specifications for Road and Bridge Construction, and the State of Colorado Standard Specification for Road and Bridge Construction latest edition.

In the event that there is conflict between the various reference specifications, they shall in general govern in the following order:

1) The Special Provisions

a) Project Special Provisions b) Standard Special Provisions

2) Plans

a) Detailed Plans b) Standard Plans

3) Mesa County Standard Specifications for Road and Bridge Construction 4) “Standard Specifications for Road and Bridge Construction, State of Colorado 2011 Edition”

59 The Contractor shall obtain, at their expense, copies of the Department of Transportation Standard Specifications for Road and Bridge Construction and the M and S Standards as may be necessary to prepare their proposal or to complete the work. They shall also obtain, at their expense, copies of the Mesa County Standard Specifications for Road and Bridge Construction.

In subsection 105.10, delete the first sentence and replace with the following:

Owner shall furnish to Contractor up to three copies of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction.

Subsection 105.10 shall include the following:

Key personnel have been identified by the Contractor and relied upon by the County in awarding this Contract. Mesa County reserves the right to re-negotiate or terminate the contract if either of the following occurs:

• There is a significant (50%) change in the Contractor’s key personnel without approval; • The Project Manager is changed during the performance of the contract without approval.

In the event the Contractor desires to change any key personnel or the Project Manager during the contract period, the Contractor must submit for prior approval a written request demonstrating the extraordinary circumstances and providing: local availability of the substituted key personnel or Project Manager; professional qualifications; related project experience; and, current and future commitments. In addition to the remedies above, if, for whatever reason, a key personnel or Project Manager is deemed unsuitable or a hindrance to the cooperative completion of the Project, Mesa County may remove that person from the Contractor’s design team.

Subsection 105.11 shall include the following:

60 If any part of Contractor’s Work depends for proper execution or results upon the work of any such other contractor or utility service company (or Owner), Contractor shall inspect and promptly report to Owner Representative in writing any patent or apparent defects or deficiencies in such work that render it unsuitable for such proper execution and results. Contractor’s failure to so report shall constitute an acceptance of the other work as fit and proper for integration with Contractor’s Work except for latent or non-apparent defects and deficiencies in the other work.

Delete subsection 105.13 (a) & (b) and replace (a) & (b) with the following:

(a) Contractor shall report to Owner Representative whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grade, location or construction operations, and shall be responsible for replacement or relocation of reference points by professionally qualified personnel. (b) Construction Surveying - Mesa County will provide the initial survey control data. All construction surveying, as well as field verification of the survey monuments and control points, will be the responsibility of the Contractor. Construction surveying will be considered a subsidiary obligation under this Contract. Control line and stationing shall be maintained by the Contractor at all times.

Delete subsection 105.14.

In subsection 105.16, delete the second paragraph and replace with the following:

If any Work is covered contrary to the written request of Owner Representative, it must, if requested by Owner Representative, be uncovered for Owner Representative’s observation and replaced at Contractor’s expense.

If Owner Representative considers it necessary or advisable that covered Work be observed by Owner Representative or inspected or tested by others, Contractor, at Owner Representative’s request, shall uncover, expose or otherwise make available for observation, inspection or testing as Owner Representative may require, that portion of the Work in question, furnishing all necessary labor, material and equipment.

61 If it is found that such Work is defective or if Contractor was advised in advance of Owner Representative’s requirement to inspect prior to covering, Contractor shall bear all the expenses of such uncovering, exposure, observation, inspection and testing of satisfactory reconstruction, including compensation for additional professional services, and any damage caused by uncovering, and an appropriate deductive Change Order shall be issued.

If, however, such Work is not found to be defective and Contractor had no advance knowledge of inspection requirement prior to covering, Contractor may be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction if he makes a claim therefore as provided in subsection 105.22 as indicated in Article 6 of the Agreement.

Subsection 105.17 shall include the following:

If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Owner Representative’s recommendation of final payment, also Owner Representative) prefers to accept it, Owner may do so. In such case, if acceptance occurs prior to Owner Representative’s recommendation of final payment, a Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including appropriate reduction in the Contract Price; or, if the acceptance occurs after such recommendation, an appropriate amount shall be paid by Contractor to Owner, Engineer and Owner’s Representative.

62 If Contractor fails within a reasonable time after written notice of Owner Representative to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by Owner Representative in accordance with subsection 105.17, or if Contractor fails to perform the Work in accordance with the Contract Documents (including any requirements of the progress schedule), Owner may, after seven (7) days’ written notice to Contractor, correct and remedy any such deficiency. In exercising his rights under this paragraph, Owner shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from all or part of the site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner’s Representatives, agents and employees such access to the site as may be necessary to enable Owner to exercise his rights under this paragraph. All direct and indirect costs of Owner in exercising such rights shall be charged against Contractor under an amount verified by Owner Representative, and a Change Order shall be issued incorporating the necessary revisions in the Contract Documents and a reduction in the Contract Price. Such direct and indirect costs shall include, in particular but without limitations, compensation for additional professional services required and all costs for repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor’s defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner’s rights hereunder.

Subsection 105.18 shall include the following:

If the Contractor plans to utilize County roads for material haul routes, he should contact the Mesa County Engineering Division and check for possible road load restrictions and comply with any restrictions and permit requirements.

Subsection 105.19 shall include the following:

The Contractor shall conduct his operations so as not to have equipment tracking excessive amounts of mud and earth onto the adjacent streets. Upon notification by the Owners Representative, the Contractor shall clean up from public streets and/or earth tracked by his equipment or that of sub contractors and material suppliers to the project.

63 Delete subsection 105.21(a) and replace with the following:

Use by Owner of completed portions of the Work may be accomplished prior to Substantial Completion of all the Work subject to the following:

Owner at any time may request the Contractor in writing for permission for the Owner to use any part of the Work which Owner believes can be used without significant interference with construction of the other parts of the Work. If Contractor agrees, Contractor will certify to Owner and Owner Representative that said part of the Work is substantially complete and request Owner Representative to issue a Certificate of Substantial Completion for that part of the Work. Within a reasonable time thereafter, Owner, Contractor and Owner Representative shall make an observation of that part of the Work to determine its status of completion. If Owner Representative does not consider that part of the Work to be substantially complete, Owner Representative will notify Owner and Contractor in writing, giving his reasons therefore. If Owner Representative considers that part of the Work to be substantially complete, Owner Representative will execute and deliver to Owner and Contractor a certificate to that effect, fixing the date of substantial completion as to that part of the Work, attaching thereto a tentative list of items to be completed or corrected before final payment. In issuing a Certificate of Substantial Completion as to part of the Work, Owner Representative will deliver to Owner and Contractor a written recommendation as to the division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, maintenance, utilities and insurance for that part of the Work which shall become binding upon Owner and Contractor at that time of issuing the definitive certificate of Substantial Completion as to that part of the Work which Owner Representative has so certified to be substantially complete, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative list.

In lieu of the issuance of the Certificate of Substantial Completion as to part of the Work, Owner may take over operation of a facility constituting part of the Work whether or not it is substantially complete if such facility is functionally and separately usable; provided that prior to any such takeover, Owner Representative will deliver to Owner and Contractor a written recommendation as to the division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, maintenance, correction period, heat, utilities, and insurance with respect to such facility.

64 Delete subsection 105.21(b) and replace with the following:

When Contractor considers the entire work ready for its intended use, Contractor shall, in writing to Owner and Owner Representative, certify that the entire Work is substantially complete and request that Owner Representative issue a Certificate of Substantial Completion for the entire project. Within a reasonable time thereafter, Owner, Contractor and Owner Representative shall make an inspection of the Work to determine the status of completion. If Owner Representative does not consider the Work substantially complete, Owner Representative will notify Contractor in writing, giving his reasons therefore. If Owner Representative considers the Work substantially complete, Owner Representative will prepare and deliver to Owner a Certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the Certificate a list of items to be completed or corrected before final payment.

Owner shall have the right to exclude Contractor from the Work after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative list.

Upon written notice from Contractor that the Work is complete, Owner Representative will make a final observation with Owner and Contractor and will notify Contractor, in writing, of all particulars in which this observation reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies. All such deficiencies shall be remedied within seven (7) days of notification to Contractor by Owner Representative, or Owner may act to remedy deficiencies in accordance with the provisions of subsection 105.16. Final acceptance under this subsection does not waive any legal rights contained on subsection 107.21.

65 Add the following to subsection 105.21:

One Year Correction Period. Contractor warrants and guarantees Owner and Owner Representative that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to Contractor. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in this section. If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions, either correct such defective Work, or if it has been rejected by Owner, remove it from the site and replace it with non-defective Work. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by Contractor. The one-year correction period shall be extended to allow time for response and/or correction by the Contractor.

Delete subsection 105.22 through 105.24 and replace with the following:

105.22 Dispute Resolution. Owner Representative will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the Work shall be referred initially to Owner Representative in writing with a request for a formal decision in accordance with this paragraph, which Owner Representative will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter shall be delivered by the claimant to Owner Representative and the other party to the Agreement within fifteen (15) days of the occurrence of the event giving rise thereto, and written supporting data will be submitted to Owner Representative and the other party within forty-f ive (45) days of such occurrence unless Owner Representative allows an additional period of time to ascertain more accurate data.

66 The rendering of a decision by Owner Representative with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in subsection 109.09) will be a condition precedent to any exercise by Contractor of such rights or remedies as either may otherwise have under the Contract Documents or at law in respect of any such claim, dispute or other matter.

Neither Owner Representative’s authority to act under this subsection or elsewhere in the Contract Documents nor any decision made by Owner Representative in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of Owner Representative to Contractor, any Subcontractor, or manufacturer, fabricator, supplier or distributor, or any of their agents or employees or any other person performing any of the Work.

Whenever in the Contract Documents the terms “as ordered”, “as directed”, “as required”, “as allowed”, or terms of the like effect or import are used, or the adjectives of like effect or import are used to describe requirement, direction, review or judgment will be solely to evaluate the Work for compliance with Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective never indicates that the Owner Representative shall have authority to undertake responsibility contrary to the provisions of the preceding two paragraphs.

Notification. Whenever any provision of the Contract Documents requires the Owner or Owners Representative to give written notice to the Contractor, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for the Contractor, or if delivered or sent by registered or certified mail, postage prepaid, to the addresses as shown on Proposal or to the last business address known to the Contractor. Whenever any provision of the Contract Document requires the Contractor to give written notice to the Owner or Owners Representative, it shall be deemed to have been validly given if delivered in person to the Owners Representative, as stated in the Instructions to Bidders, or if delivered at or sent by registered or certified mail, postage prepaid, to Owners Representative. The Contractor, Owner or the Owner Representative may change its address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph.

67 105.23 General Control of the Work. Should Owner or Contractor suffer injury or damage to his person or property because of any error, omission or act of the other party or of any of the other party’s employees or agents or others for whose acts the other party is legally liable, claim shall be made in writing to the other party within a reasonable time of the first observance of such injury or damage.

The duties and obligations imposed by these Contract Documents and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon Contractor by subsections 105.17, 105.21, 107.01, 108.10 and 109.06 and all of the rights and remedies available to Owner and Owner Representative thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph shall be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents shall survive final payment and termination or completion of this Agreement.

68 Section 106 of the Standard Specifications is hereby revised as follows:

In subsection 106.01, delete the second paragraph and replace with the following:

Whenever materials or equipment are specified or described in the Drawing or Specifications by using the name of a proprietary item or the name of a particular manufacturer, fabricator, supplier or distributor, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of the other manufacturers, fabricators, suppliers or distributors maybe accepted by Owner Representative if sufficient information is submitted by Contractor to allow Engineer to determine that the material or equipment proposed is equivalent to that named.

Requests for review of substitute items of material and equipment will not be accepted by Owner Representative from anyone other than Contractor. If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make written application to Owner Representative for acceptance thereof, certifying the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified. The application will state whether or not acceptance of the substitute for use in the Work will require a change in the Drawings or Specifications to adapt the design to the substitute and whether or not incorporation or use of the substitute in connection with the Work is subject payment of any license fee or royalty. All variations of the proposed substitute from that specified shall be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by Owner Representative in evaluating the proposed substitute. Engineer may require Contractor to furnish, at Contractor’s expense, additional data about the proposed substitute. Owner Representative will be the sole judge of acceptability, and no substitute will be ordered or installed without Owner Representative’s prior written acceptance. Owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute.

69 Owner Representative will record time require by Owner Representative and Owner Representative’s consultants in evaluating substitution proposed by Contractor and in making changes in the Drawings and Specifications occasioned thereby. Whether or not Owner Representative accepts a proposed substitute. Contractor shall reimburse Owner for the charges of Owner Representative and Engineer, if any, for evaluating any proposed substitute.

In subsection 106.02, delete paragraph (a) and first sentence in paragraph (b).

Subsection 106.08 shall include the following:

When approved by the Engineer, the Contractor may stockpile and store materials and equipment within public right of way. Construction staging shall be located as designated by the Engineer. The Contractor shall be responsible for obtaining in writing, permission to use private property (not provided by Mesa County) for storage of materials and equipment. Copies of these agreements shall be submitted to the Project Engineer.

70 Section 107 of the Standard Specification is hereby revised as follows:

Subsection 107.02 shall include the following:

An exemption from all Sales Taxes (City, County and State) will be granted for all materials incorporated in the Work. The Contractor shall be responsible for making application to Mesa County Finance Director and the Revenue Department, State of Colorado and completing the necessary forms for exemption.

Delete Subsection 107.06 (a).

Subsection 107.07 shall include the following:

The Contractor shall notify all adjacent property Owners or residents of work, which will affect access to their property. This notification shall be made during the working day prior to the day the work is scheduled to take place. Notification may be either written or verbal, but should clearly indicate the work schedule and anticipated traffic restrictions and should provide names and phone numbers where a Contractor’s Representative and County Representative will be readily available to answer questions.

Subsection 107.14 shall include the following:

The Contractor shall schedule work so that pipes and ditches used for irrigation are not disturbed or that prior arrangements with the Owner of the pipes and ditches have been made for the temporary interruption of the irrigation or the temporary diversion of water.

Subsection 107.15 shall include the following after the first paragraph:

In the event a damage claim arises from the Contractors activities within the boundaries of the project, the Contractor shall conform to the following procedure:

The Contractor’s Representative shall be contacted as soon as possible by the Contractor’s work crew. The Contractor’s Representative shall immediately contact the Owner Representative.

The Contractor’s Representative shall recommend resolution of the matter in writing to the claimant with a copy to Owner Representative no more than 48 hours following the occurrence.

71 The Contractor shall purchase insurance as described in this section with the understanding minor claims are to be considered, as well as major claims.

Owner shall not be responsible for purchasing and maintaining any property insurance to protect the interest of Contractor or Subcontractors in the Work to the extent of any deductible amounts that are provided in the subsection 107.15. If Contractor wishes property insurance coverage within the limits of such amount, Contractor may purchase and maintain it at his own expense.

Insurance is to be placed with insurers with a Best’s rating of no less than A:VII, unless pre-approved in writing by Owner.

If Owner has any objection to the coverage afforded by other provisions of the insurance required to be purchased and maintained by Contractor in accordance with section 107 on the basis of its not complying with the Contract Documents, Owner will notify Contractor in writing thereof within ten (10) days of the date of delivery of such certificates to Owner.

Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to Mesa County.

In subsection 107.15; delete (a) through (h) and replace with the following:

The Contractor shall procure and continuously maintain during the term of this Contract, and for a period of two years after completion of the Contractor’s Work, insurance of the kinds and with the limits not less than the amounts shown below:

1) Workers’ Compensation and Employer’s Liability Coverage.

Workers’ Compensation and Employer’s Liability, including Occupations Disease Coverage in accordance with the scope and limits as required by the State of Colorado, of: $100,000 each accident, $100,000 disease each employee; $500,000 disease policy.

2) Commercial General Liability (“Occurrence Form”)

$1,000,000 combined single limit, per occurrence for bodily injury, personal injury and property damage.

72 3) Comprehensive Automotive Liability.

$1,000,000 per accident bodily injury and property damage combined.

4) Excess Liability (“Umbre lla Form”).

$1,000,000 limit per occurrence; $1,000,000 aggregate.

The Contractor’s insurance policies shall be endorsed to include, for the benefit of County, a 30-day advance written notice of cancellation, non-renewal, or reduction in policy limits of liability by endorsement, and shall name Mesa County as an insured on the Commercial General Liability and Auto Liability policies. A Certificate of such insurance coverage naming Mesa County and each of their officials, officers, employees and agents as insured shall be supplied to Mesa County upon signing of this Contract. Failure to obtain or maintain such insurance shall constitute a breach of the Contract.

Contractor shall require all subcontractors and sub-subcontractors to maintain during the term of this agreement, Commercial General Liability insurance, Comprehensive Automobile Liability insurance, and Workers' Compensation and Employers' Liability insurance, in the same manner as specified for Contractor. Contractor shall furnish subcontractors' certificates of insurance to the Board, with a copy to the Board’s Contract Administrator, immediately upon request.

Add the following subsection:

107.18 Safety and Protection. Contractor shall be responsible for initiating, maintaining and supervis ing all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: all employees on the Work and other persons who may be affected thereby; all the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site; and, other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction.

73 Contractor shall comply with all applicable laws, ordinances, rules and regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss, and shall erect and maintain all necessary safeguards for such safety and protection. Specifically, the Contractor must adhere to and follow OSHA safety guidelines. Contractor shall notify Owners of adjacent property and utilities when prosecution of the Work may affect them. All damage, injury or loss to any property referred to in subsection 105.10 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the acts or omissions of Owner or anyone employed by the Owner and not attributable, directly or indirectly, in whole or in part, to the fault or negligence or Contractor). Contractor’s duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and Owner Representative has issued a notice to Owner and Contractor in accordance with subsection 109.06 that the Work is acceptable.

Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be Contractor’s superintendent unless otherwise designated in writing by Contractor to Owner.

Add the following subsection:

107.26 Emergencies . In emergencies affecting the safety or protection of person on the Work or property at the site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Owner Representative prompt written notice of any significant changes in the Work or deviation from the Contract Documents caused thereby.

74 Section 108 of the Standard Specifications is hereby revised as follows:

Subsection 108.01, first paragraph, delete the first and second sentence and replace with the following:

The Contractor shall not sublet, sell, transfer, assign or dispose of the Contract or Contracts without the prior express written consent of the Owners, and any attempt to sublet, sell, transfer, or assign the Contract without prior express written consent of the Owners shall render the Contract null and void with respect to the attempted subletee, purchaser, transferee or assignee.

Subsection 108.01, second paragraph, delete first sentence of second paragraph and replace with the following:

If the Contractor is allowed to sublet a portion of the Contract, the Contractor’s organization shall perform Work amounting to 50% percent or more of the total Contract cost.

Delete subsection 108.02.

Subsection 108.03, precede the first paragraph with the following:

At least three (3) working days prior to the pre-construction conference, the Contractor shall submit to the Engineer for review, a tentative construction schedule, and detailed traffic control plan.

Delete subsection 108.04.

Delete subsection 108.10 and replace with the following:

(a) Upon the occurrence of any one or more of the following events:

(1) If Contractor is adjudged as bankrupt or becomes insolvent; (2) If Contractor makes a general assignment for the benefit of creditors; (3) If a trustee or receiver is appointed for Contractor or for any of Contractor’s property; (4) If Contractor files a petition to take advantage of any debtor’s act, or to reorganize under the bankruptcy of similar laws; (5) If Contractor fails to supply sufficient skilled workmen or suitable materials or equipment; (6) If Contractor fails to make prompt payments to Subcontractors for labor, materials or equipment; (7) If Contractor disregards laws, ordinances, rules, regulations or orders of any public body having jur isdict ion;

75 (8) If Contractor disregards the authority of Owner Representative; or (9) If Contractor otherwise violates in any way any provision of the Contract Documents,

Owner may after giving Contractor and his Surety seven (7) days’ written notice, terminate the services of Contractor. Once the notice is served, the Owner may immediately exclude Contractor from site and take possession of the Work. Following the seven (7) days, the Owner may also take possession of all Contractor’s tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which Owner has paid Contractor but which are stored elsewhere, and finish the Work as Owner may deem expedient. In such case, Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Work, including compensation for additional professional services, such excess shall be paid to Contractor. If such costs exceed such unpaid balance, Contractor shall pay the difference to Owner. Such costs incurred by Owner shall be verified by Owner Representative and incorporated in a Change Order, but in finishing the Work, Owner shall not be required to obtain the lowest figure for the Work performed. Where Contractor’s services have been so terminated by Owner, the termination shall not affect any right of Owner against Contractor then existing or which may thereafter accrue. Any retention of payment of monies due Contractor by owner will not release Contractor from liability.

(b) Upon seven (7) days written notice to the Contractor, the Owner may, without cause and without prejudice to any other right or remedy, elect to abandon the Work and terminate the Agreement. In such case, Contractor shall be paid for all Work executed and any expense sustained plus reasonable termination expenses.

76 Section 109 of the Standard Specifications is hereby revised as follows:

Delete subsection 109.04 and replace with the following:

All duties, responsibilities and obligations assigned to or undertaken by Contractor shall be at his expense without change in the Contract Price.

The Contract Price may only be changed by Change Order. Any claim for an increase in the Contract Price shall be based on written notice delivered to Owner Representative within fifteen (15) days of the occurrence of the event, giving rise to the claim. Notice of the amount of the claim with supporting data shall be delivered within forty-five (45) days of such occurrence unless Owner Representative allows an additional period of time to ascertain accurate cost data.

All claims for adjustment in the Contract Price shall be determined by Owner Representative if Owner and Contractor cannot otherwise agree on the amount involved. Any change in the Contract Price resulting from any such claim shall be incorporated in a Change Order.

The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways:

• Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to quantities of the items involved (subject to the provisions of paragraph (g) below). • By mutual acceptance of a lump sum. • On the basis of the Cost of Work (determined as provided in paragraphs (a) to (c) below) plus a Contractor’s Fee for overhead and profit (determined as provided in paragraph (d) below).

The term Cost of the Work means a sum of all costs necessarily incurred and paid by Contractor in the proper performance of the Work. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in paragraph (b) below:

(a) Direct Costs include the following:

77 (1) Payroll costs for employees in the direct employ of the Contractor in the performance of the Work under the schedules of job classifications agreed upon by Owner and Contractor. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular hours, on Sunday or legal holidays shall be included in the above to the extent authorized by the Owner. (2) Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and manufacturer’s field services required in connection therewith. All cash discounts shall accrue to Contractor with which to make payments, in which case the cash discounts shall accrue to Owner and Contractor shall make provisions so that they may be obtained. (3) Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from Subcontractors acceptable to Contractor and shall deliver such bids to Owner who will then determine, with the advice of Owner Representative, which bids will be accepted. If a Subcontractor provides that a Subcontractor is to be paid on the basis of Cost of the Work, Plus a Fee, the Subcontractor’s Cost of the Work shall be determined in the same manner as Contractor’s cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. (4) Costs of special consultants (including, but not limited to, engineers, architects, testing laboratories, surveyors, lawyers and accountants) employed for services specifically related to the Work.

(b) Supplemental costs including the following:

(1) The proportion of necessary transportation, travel and subsistence expenses at the standard rate of the owner for Contractor’s employees incurred in discharge of duties connected with the Work. (2) Costs, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of the Contractor.

78 (3) Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with terms of said rental agreements. (4) Construction equipment and machinery rented from Contractor or Subcontractor shall be paid for at the rates furnished by Contractor prior to beginning construction. The rental of any such equipment, machinery or parts shall cease immediately when the use thereof is no longer necessary for the Work. (5) The cost of utilities and sanitary facilities at the site. (6) Minor expenses, such as telefaxes, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. (7) Cost of premiums for additional Bonds and insurance required because of changes in the Work.

(1) Payroll costs and other compensation of Contractor’s officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, and purchasing and contracting agents, expediters, timekeepers, clerks any other personnel employed by Contractor whether at the site or in his principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in direct costs subparagraph (1) above, all of which are to be considered administrative costs covered by the Contractor’s Fee. (2) Expenses of Contractor’s principal and branch offices other than Contractor’s office at the site. (3) Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments. (4) Cost of premiums for all Bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintain the same (except for additional Bonds and insurance required because of changes in the Work).

79 (5) Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. (6) Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in subparagraph (a).

(d) The Contractor’s Fee allowed to Contractor for overhead and profit shall be determined as follows:

(1) A mutually acceptable fixed fee; or if none can be agreed upon (2) A fee based on the following percentages of the various portions of the Cost of the Work: (i) for costs incurred under subparagraphs 1 and 2 in (a), the Contractor’s Fee shall be ten (10) percent, (ii) for costs incurred under subparagraph 3 in (a), the Contractor’s Fee shall be five(5) percent; and if a subcontract is on the basis of Cost of Work Plus a Fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall be ten (10) percent, and (iii) no fee shall be payable on the basis of costs itemized under subparagraphs 4 of (a), subsection (b) and subsection (c).

(e) Contractor Credits

The amount of credit to be allowed by Contractor to Owner for such change, which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figures on the basis of the net increase, if any.

(f) Whenever the Cost of Work is to be determined pursuant to paragraphs (a) and (b), Contractor will submit in form acceptable to Owner Representative an itemized cost breakdown together with supporting data.

80 (g) Where the quantity of Work with respect to any item that is covered by a unit price differs more than twenty-five (25) percent from the quantity of such Work indicated in the Contract Documents, an appropriate Change Order may be issued on recommendation of Owner Representative or by request of the contractor to adjust the unit price. (h) Contractor agrees that the original Contract Price includes such sums, as Contractor deems proper for costs and profit on account of cash allowances. No demand for additional cost or profit in connection therewith will be valid.

Delete subsection 109.06 and replace with the following:

At least ten (10) days prior to submitting the first Application for a progress payment, Contractor shall submit to Owner Representative a progress schedule, a final schedule of values of the Work. These schedules shall be satisfactory in form and substance to Owner Representative. The Schedule of Values shall include quantities and unit prices aggregating the Contract Price, and shall subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Upon acceptance of the Schedule of Values by Owner Representative, it shall be incorporated into a form of Application for Payment acceptable to Owner Representative.

At least ten (10) days before each progress payment falls due (but not more than once a month), Contractor shall submit to Owner Representative for review, an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents and also as Owner may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the Work, but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by such data, satisfactory to Owner, as will establish Owner’s title to the material and equipment and protect Owner’s interest therein, including applicable insurance. Each subsequent Application for Payment shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied to discharge in full all of Contractor’s obligations reflected in prior Application for Payment. The amount retained with respect to progress payments will be as stipulated in the Agreement.

81 Contractor warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner at the time of payment free and clear of all liens, claims, security interests, and encumbrances (hereafter in these Project Special Provisions referred to as “Liens”).

The Owner Representative will, within fifteen (15) days after receipt of each Application of Payment, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating Owner Representative’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. Owner shall, within fifteen (15) days of presentation to him of the Application for Payment with Owner Representative’s recommendation of payment, pay Contractor the amount recommended.

Owner Representative’s recommendation of any payment request in an Application for Payment will constitute a representation to the Owner, based on-site observations of the Work in progress. Review of the Application for Payment and the accompanying data and schedules that the Work has progressed to the point indicated; that, to the best of Owner Representative’s knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in the recommendation) and that Contractor is entitled to payment of the amount recommended.

However, by recommending any such payment, Owner Representative will not thereby be deemed to have represented that exhaustive or continuous on-site observations have been made to check the quality or the quantity of the Work, or that the means, methods, techniques, sequences and procedures of construction have been reviewed or that any examination has been made to ascertain how or for what purpose Contractor has used the monies paid or to be paid to Contractor on account of the Contract Price, or that title to any Work, materials or equipment has passed to Owner free and clear of any Liens.

Owner Representative may refuse to recommend the whole or any part of the payment if, in his opinion, it would be incorrect to make such representations to Owner. He may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended to such extent as may be necessary in Owner Representative’s opinion to protect Owner from loss because:

82 (a) The Work is defective, or completed Work has been damaged requiring correction or replacement; (b) Written claims have been made against Owner or Liens have been filed in connection with the Work; (c) The Contract Price has been reduced because of Modifications; (d) Owner has been required to correct defective Work or to complete the Work in accordance with subsection 105.13; (e) of Contractor’s unsatisfactory prosecution of the Work in accordance with the Contract Documents; (f) Contractor’s failure to make payment to Subcontractors, or for labor, material or equipment; (g) or any other statutory reason.

Delete subsection 109.09 and replace with the following:

After Contractor has completed all such corrections to the satisfaction of Owner Representative and Owner’s Project Representative, and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, marked-up record documents and other documents, all as required by the Contract Documents, and after Owner Representative has indicated that the Work is acceptable (subject to the provisions of the waiver of claims), Contractor may make application for fina l payment following the procedure progress payments. The final Application for Payment shall be accompanied by all documentation called for in the Contract Documents and such other data and schedules as Owner may reasonably require, together with complete and legally effective releases or waivers (satisfactory to Owner) of all Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by Owner, Contractor may furnish receipts or a release in full; an affidavit of Contractor that the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or his property might in any way be responsible, have been paid or otherwise satisfied; and consent of the Surety, if any, to final payment.

Final payments to the Contractor shall be made in accordance with subsections 107.15 and 103.03 of the Agreement. Prior to submitting final Application for Payment, however, the Work shall be inspected, Certificate of Substantial Completion shall be issued, and all items listed thereon shall be completed or corrected to the satisfaction of all parties.

83 The making and acceptance of final payment shall constitute:

A waiver of all claims by Owner against Contractor, except claims arising from unsettled Liens, from defective Work appearing after final inspection or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein; however, it shall not constitute a waiver by Owner of any rights in respect to Contractor’s continuing obligations under the Contract Documents; and, a waiver of all claims by Contractor against Owner other than those previously made in writing and still unsettled.

84 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. When specifications or special provisions contain both English units and SI units, the English units apply and are the specification requirement.

Mesa County Standard Special Revisions Colorado Department of Transportation Standard Special Provisions

Mesa County Standard Project Special Provisions:

Utilities Commencement and Completion of Work Quality Control and Quality Assurance Force Account Items Revision of Section 203 – Excavation and Embankment Revision of Section 206 – Excavation and Backfill for Structures Revision of Section 208 – Erosion Control Revision of Section 420 – Geosynthetics Revision of Section 607 – Fences Revision of Section 614 – Traffic Control Devices Revision of Section 615 – Water Control Devices Revision of Section 626 – Public Information Special Revision of Section 630 – Construction Zone Traffic Control Revision of Section 712 – Miscellaneous - Geotextiles

85 Known utilities within the limits of this project are:

WATER N/A DRAINAGE MESA COUNTY (970) 256-1580 GAS N/A (970) 244-2698 ELECTRIC N/A (970) 244-2693 SANITARY SEWER N/A TELEPHONE CENTURYLINK (970) 244-4311 FIBER OPTIC N/A TV, COMM N/A (970) 210-2550 FIRE DEBEQUE FIRE PROTECTION DIVISION (970) 283-8632 BLUESTONE DITCH COMPANY/TOM IRRIGATION (970) 210-1832 LATHAM

The work described in these plans and specifications requires full cooperation between the Contractor and the utility owners in accordance with subsection 105.06 in conducting their respective operations so the utility work can be completed with minimum delay to all parties concerned.

Coordination with utility owners includes, but is not limited to, providing and periodically updating an accurate construction schedule that includes all utility work elements. Surveying and/or staking of utility relocations to be performed by the owner shall be the responsibility of the owner.

The Contractor shall conduct coordination meetings a minimum of weekly for the purpose of coordinating construction activities with the utility owners. Frequency of the utility coordination meetings may be revised with the prior written consent of the Engineer.

The Contractor shall provide traffic control for any utility work expected to be coordinated with construction operations as directed by the Engineer. However, traffic control for utility work outside of typical project work hours or outside of project limits shall be the responsibility of the utility owner. The Contractor shall be compensated for traffic control as per the bid items for traffic control as established on this project.

The Contractor shall keep each utility owner advised of any work being done to its facility so that each utility owner can coordinate its inspections for final acceptance of the work with the Engineer.

The contractor shall provide written notice to each utility owner, with a copy to the Engineer, immediately prior to each utility work element expected to be coordinated with construction.

86 The Contractor shall comply with Article 1.5 of Title 9, Colorado Revised Statutes, 1986 Repl. Vol., as amended by Senate Bill 93-155, ("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 NOTICE OR THE DAY OF EXCAVATION) prior to commencing such operations. Contact the Utility Notification Center of Colorado (UNCC) to have locations of UNCC registered lines marked by member companies. Calls originating outside the Denver area use 1-800-922-1987. All other underground facilities shall be located by contacting the respective company. Utility service laterals shall also be located prior to beginning ANY excavation or grading.

The location of utility facilities as shown on the plan and profile sheets, and/or herein described, were obtained from the best available information.

All costs incidental to the foregoing requirements will not be paid for separately but shall be included in the work.

END OF SECTION

87 The Contractor Shall:

• Commence work upon issuance of the Notice to Proceed. • Complete construction of all work no later than May 15, 2013 • Bluestone Ditch Company – Canal Schedule: The canal can be shut down for repair and maintenance between March 15, 2013 and April 10, 2013. All work within the limits of the canal, that may affect the canal operation, will need to occur within this time frame. Water is available to canal users on a continual basis (12 months) and is primarily used during this period for livestock watering and irrigation. If the Bluestone ditch is unavailable to the users due to Contractor activity before or after these dates, the Contractor will be responsible for providing water to all affected users. All costs associated with this delay will be the Contractor’s responsibility.

88 QUALITY CONTROL: The Contractor is responsible for quality control of all work performed and shall implement whatever procedures, methods, testing, surveying, and supervision that is necessary in order to insure that the work conforms to the Plans and Specifications.

QUALITY ASSURANCE: The Contractor shall provide a quality assurance program. This program shall include systematic inspection and testing of the workmanship and materials during construction to assure the County that the Contractor is providing work that is in conformance with the Plans and Specifications. The minimum quality assurance testing requirements are as follows:

ITEM TYPE OF TEST MINIMUM TESTS

Subgrade and Embankment Moisture-Density Curve 1 per soil type

Compaction In-Place Density 1/3,400 sq.ft./lift* Aggregate Base Course or Sub Gradation 1/1,000 ton or fraction thereof Base Course on each class.

Moisture-Density Curve 1/source on each class.

In-Place Density 1/200 ton*

Hot Bituminous Pavement Asphalt Content 1/500 tons or 2 per project, whichever is the lesser.

Gradation Aggregate-minimum of 2/source. (NOT APPLICABLE ON THIS PROJECT) In-Place Density 1 per 100 tons or at least 1 per day. Structure Backfill Gradation 1 per class.

Moisture-Density Curve 1 per class.

In-Place Density 1 per foot depth per abutment.

89 ITEM TYPE OF TEST MINIMUM TESTS

Structural Concrete Compressive Strength 1 set (4) cylinders per 30 cubic yards of structural concrete. Minimum 1 set per Slump and Air Content pour.

Minimum 1 per truck and as often as needed for quality tl * Failing areas to be retested.

The Contractor shall retain an independent testing laboratory to perform the required quality assurance testing. Prior to the use of any materials on the Project, the Contractor shall submit, for the Engineer’s approval, all test results and mix designs. The Contractor shall notify the Engineer 24 hours prior to any field tests of materials or workmanship so that the Engineer may witness such testing.

All failing tests shall be retested after the material has been reworked, modified, adjusted, or replaced by the Contractor. The Contractor will be required to remove and replace any work or materials that do not meet test requirements and/or specifications.

All cost associated to Quality Control and Quality Assurance shall be paid for by the Contractor. No separate payment will be made for this work. It will be considered incidental to the appropriate item(s) of work which are being tested.

END OF SECTION

90 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.

Force account work valued at $5,000 or less, that must be performed by a licensed journeyman in order to comply with federal, state, or local codes, may be paid for after receipt of an itemized statement endorsed by the Contractor.

Estimated Force Account Item Quantity Amount

F/A Minor Contract Revisions F.A. $30,000.00

END OF SECTION

91 Section 203 of the Standard Specifications is hereby revised for this project to include the following:

Modify Subsection 203.05 (b) Unclassified to include the following:

(b) Unclassified. Excess or unsuitable excavated material, including rock and excess excavated material may be placed on the side slopes of the nearest fill or placed in other approved areas as directed and approved by the Engineer of Record. Material must be placed outside of the limits of structural backfill and outside the extents of the roadway structural prism.

92 Section 206 of the Standard Specifications is hereby revised for this project to include the following:

Delete Subsection 206.06, METHOD OF MEASUREMENT and replace with:

Structure Excavation, Structure Backfill, and Bed Course Material will not be measured and paid for separately but shall be included in the work with the exception of the structural backfill associated with Item 603 – 6 Foot x 4 Foot Concrete Box Culvert (Precast).

Delete Subsection 206.07, BASIS OF PAYMENT entirely and replace with:

All costs associated with over excavation will not be measured and paid for separately but shall be paid for in accordance with Item 603 – 6 Foot x 4 Foot Concrete Box Culvert (Precast) in accordance with the Construction Plans.

93 Section 208 of the Colorado Department of Transportation, Standard Specifications revised as follows:

208.01 Add the following after the first paragraph:

It shall be the Contractor’s responsibility to obtain, maintain and terminate a Colorado Discharge Permit, for Stormwater Discharge Associated with Construction Activities, from the Colorado Department of Public Health and Environment (CDPHE).

The Contractor shall be designated as the application Permittee. Mesa County Project Manger shall be notified in writing, 10 workings days prior to submitting to CDPHE a Inactivation, Transfer or Reassignment of the permit.

Fill in the following information provided on Page 3, of the permit application.

Other Contact Types, fill in the following:

• Responsible Position (Title): Mesa County Project Manager • Currently Held by (Person): Timothy A. Hayashi • Telephone Number: 970.255.5035 • Email address: [email protected] • Organization: Mesa County, Engineering • Mailing Address:

Engineering, Department 5013 Mesa County P.O. Box 20,000 GrandJunction, Colorado, 81502-5001

• Check “Other” box and fill in: Mesa County Colorado

At the time of certification, the Contractor shall provide to the Mesa County Project Manager a copy of the Stormwater Management Plan, Application, Certification and Invoices.

94 208.03 Add the following prior to part (9):

The SWMP must be modified to accurately reflect the actual field conditions. SWMP revisions must be made prior to changes in site conditions. The Mesa County Project Manager or designee shall be notified of these changes prior to field changes.

208.10 Add the following:

The contractor shall provide to Mesa County all original permit required documents inclusive to the required inspection results. The contractor shall also provide an electronic copy of these documents in a portable document format.

208.12 Add the following pay item

Pay Item Pay Unit

Erosion Control Lump Sum

208.12 Add the following after the last paragraph

Lump Sum payment for Erosion Control will be full compensation for the erosion control supervisor, all materials, installation, permitting and equipment as indicated throughout this section and as necessary for the Stormwater Management Plan to be implemented, maintained and terminated in accordance with the CDPHE permit requirements.

95 Section 420 of the Standard Specifications is hereby revised for this project to include the following:

DESCRIPTION

This work consists of furnishing and installing geogrid reinforcement material, in accordance with these specifications and in conformity with the lines and grades shown on the plans or established.

MATERIALS

Geogrid is a polymer grid structure specifically fabricated for use as a soil reinforcement. Geogrid reinforcement material shall conform to the requirements of Section 712.

CONSTRUCTION REQUIREMENTS

Geogrid reinforcement shall be installed in accordance with the following:

(a) Delivery, Storage, and Handling. Upon delivery, the Contractor shall check the geogrid to assure the proper material has been received. Special care shall be taken in the handling of geogrids manufactured from polypropylene at temperatures at or below 0° F. (b) Granular Fill Placement Under Geogrid. Material placed under the geogrid shall consist of a 1 foot thick layer of Aggregate Base Course (Class 2) compacted to the satisfaction of the Engineer. Acceptance of the compacted layer shall be by visual determination of the Engineer. The surface of this layer shall be roughened to provide an interlocking effect with the geogrid. (c) Geogrid Installation. Geogrid shall be laid at the proper elevation and alignment as shown on the plans or as directed by the Engineer. Geogrid shall be oriented such that the higher strength direction runs perpendicular to the face of the embankment.

Parallel rolls shall be overlapped 1 foot. When a new roll is started, a 2 foot overlap shall be made over the end of the previous roll. Care shall be taken to ensure that geogrid sections do not separate at overlaps during construction.

Placement of geogrid around corners will require cutting of geogrid product and diagonal overlapping of same to ensure that excessive buckling of grid material does not occur.

Geogrid material shall be kept tight and secured to the ground surface, as necessary, by placement of loose fill at the corners and edges or as directed by the Engineer.

96 (d) Fill Placement Over Geogrid. Tracked construction equipment shall not operate directly upon the geogrid. A minimum fill thickness of 8 inches is required prior to operation of tracked vehicles over the geogrid.

Rubber-tire equipment may pass over the geogrid at slow speeds, less than 10 mph, if the underlying material is capable of supporting the loads without excessive rutting or causing damage to the mesh. Operators shall avoid sudden braking or sharp turning.

Fill material shall be back-dumped from trucks riding on top of the reinforced fill and bladed onto the geogrid in such a manner that the fill rolls onto the grid ahead so as to prevent the development of ripples or folds in the geogrid , e.g., by gradually raising dozer blade while moving forward.

Material placed over the geogrid shall be compacted in accordance with the compaction requirements for embankment for this project or as directed. Care shall be taken to assure the geogrid reinforcement is not damaged.

Reinforced backfill shall be compacted to 95 percent of the maximum density as determined by AASHTO T-99. The moisture content of the backfill material prior to and during compaction shall be uniformly distributed throughout each layer and shall be within two percent of optimum.

97 Section 607 of the Standard Specifications is hereby revised for this project as follows:

Section 607 of the Standard Specifications is hereby revised for this project as follows:

Temporary fencing as required for livestock control shall be provided by the Contractor and approved by the Engineer prior to placement.

Subsection 607.05 shall include the following:

Payment for the Fence item shall include the cost of the temporary fencing as required. The temporary fencing will not be paid for separately and shall remain the property of the Contractor upon removal.

End posts, corner posts and line brace posts as required for the permanent barb wire fence will not be measured and paid for separately but shall be included in the work.

98 Section 614 of the Standard Specifications is hereby revised for this project as follows:

Subsection 614.02 shall include the following:

Ground signs shall be reset using new U Posts with a minimum weight per foot of 3 lbs. per lineal foot rather than 2 lbs. per lineal foot as currently required in the M & S Standards, Standard Plan S-614-2, General Notes.

2" Round Steel Poles and Timber Posts will not be accepted when resetting or installing new signs.

99 Section 615 of the Standard Specifications is hereby revised for this project as follows:

Subsection 615.02 shall include the following:

The 8” Slide Headgate shall be Waterman Industries as Model C-10 (Flatback). Additional information, including installation details are available at watermanusa.com/products/c10canalgates.

100 In coordination with Mesa County Engineering, the PIM shall notify media outlets via a press release as well as prepare and distribute a flier to the local schools, District 51, sheriff's office, fire and the residents and businesses within 2 mile radius of the project (or as directed by the Project Engineer) prior to beginning construction and for each major project activity. The flier shall be printed on orange paper and shall discuss the project's ongoing work, the anticipated completion date and the schedule for the forthcoming month. The flier shall provide the name of the Contractor's contact person and the telephone number and office hours of the Public Information Office. Fliers, and media releases, shall be provided to the Project Engineer, Mesa County Engineering, and to the people on the attached list for review 7 calendar days prior to distribution.

The Contractor shall erect construction traffic signs with the dates the Contractor expects to initiate and complete construction and with the Contractor's public information office phone number at each major approach to the project. These signs shall conform to the requirements of subsection 630 and shall be erected as directed by the Engineer in accordance with the plans. These signs shall be erected at least one week prior to the beginning of construction.

The Contractor shall maintain a logbook of citizen and business contacts, including names, addresses, phone numbers, and subsequent action taken during construction and shall provide the Engineer a copy each week. All inquiries and complaints shall be followed up with either a return phone call, or a meeting, as warranted.

Subsection 626.02 shall include the following:

The Engineer will monitor the PIM and all public information services. When the Contractor provides acceptable public information services in accordance with these specifications, partial payments for the pay item Public Information Services will be made as the work progresses. Failure to provide acceptable public information services will result in withholding of payment for this item. These partial payments will be made at the same ratio as partial payments for mobilization.

Payment for Public Information Services will be full compensation for all fliers, public information office, telephone lines, and all other labor and materials required to complete the item, except signs. Signs will be measured and paid for in accordance with Section 630.

101 Payment will be made under:

Pay Item Pay Unit

Public Information Services Lump Sum

Public Information Services Contact List

Mesa County Engineering County Engineer – Tim Hayashi Mesa County Public Works Department – Engineering Division Phone: 970-255-5035 Fax: 970-255-7171

Mesa County Sheriff’s Office (Non-Emergency) Phone: 970-242-.6707

Colorado State Patrol 554 Jurassic Court Fruita, Co 81521 Phone: 970-858-2250

Debeque Fire Protection Division (Non-Emergency) Phone: 970-283-8632

Bluestone Ditch Company – Tom Latham Phone: 970-210-1832

Media Outlet Fax Numbers News Papers: Daily Sentinel TV/Radio Stations: KJOY 970-245-7551 KAFM 970-241-8801 KPRN 800-722-4449 KREX-TV 970-242-5000

KSNO 970-245-7551 KMSA 970-248-1020 KRVG 970-241-6452 KMOZ 970-254-2100 KJCT –TV 970-245-8880 KEKB 970-242-7788 KKCO – TV 970-243-1770 KEXO 907-242-7788 WESTERN SLOPE COMMUNICATIONS 970-241-6452

102 Section 630 of the Standard Specifications is hereby revised for this project as follows:

630.10a Traffic Control Plan Delete the first paragraph- Traffic Control Plan and Add the following:

The Contractor shall submit for approval, a Traffic Control Plan (TCP) prepared by an American Traffic Safety Services Association (ATSSA) certified individual or a Professional Traffic Operations Engineer (PTOE), consistent with the M.U.T.C.D. 7 days prior to the pre-construction meeting. The TCP shall include, but not be limited to, providing and maintaining all detours and providing access for residence and property owners at all times. In addition, the TCP shall include a detour plan as well as a plan to maintain traffic at all times including evenings, weekends and holidays. The County shall provide comment and/or approval of the TCP. The contractor shall use the approved TCP for the Method of Handling Traffic (MHT). Existing access to all residents shall be maintained or temporary access provided for during the duration of the project. Contractor shall coordinate any temporary access points with affected owners.

630.14 Flagging and Pilot Car Operations – Delete all reference to reimbursement for flagging.

630.15 Method of Measurement – Replace subsection with the following:

Construction Zone Traffic Control will not be measured but will be paid for on a Lump Sum Basis.

630.16 Basis of Payment – Replace subsection with the following:

Payment shall be full compensation for furnishing, erecting, cleaning, maintaining, moving, removing, and disposing of construction traffic control devices; flagging; pilot cars; and Traffic Control Management necessary to complete the work and in accordance with the Traffic Control Plan, Method of Handling Traffic and any approved revisions. This includes temporary signage, barricades and associated appurtenances for the detour.

Construction Zone Traffic Control will be paid for as follows: 30 percent of the lump sum bid price upon first utilization, an additional 30 percent of the lump sum bid price when 50 percent of the original contract amount has been earned, an additional 30 percent of the lump sum bid

103 11-03054 BSB: Construction Zone Traffic Control price when 80 percent of the original contract amount has been earned, and the final 10 percent when the Project is substantially completed.

Payment will be made under:

Pay Item Pay Unit Construction Zone Traffic Control Lump Sum

104 Section 712 of the Standard Specifications is hereby revised for this project to include the following:

Geogrid reinforcement material shall conform to the following:

Physical Properties Unit *Characteristic Values Roll Length Feet Roll Width Feet Roll Weight Lb Aperature Size inches Grid Pitch, Transverse Direction inch Grid Pitch, Longitudinal Direction inch *Minimum Mechanical Properties Unit Test Method Value Peak Tensile Strength lb/ft ASTM D 4595 Tensile Strength at 2% Strain, lb/ft ASTM D 4595 Machine Direction Tensile Strength at 2% Strain, lb/ft ASTM D 4595 Cross-Machine Direction Junction Efficiency percent GG2

The geogrid reinforcement shall be a polymeric material composed principally of polypropylene, high density polyethylene, or polyester.

The geogrid reinforcement shall contain stabilizers or inhibitors to prevent degradation of properties due to ultraviolet light exposure. The geogrid reinforcement shall be inert to all naturally occurring alkaline and acidic soil conditions.

The manufacturer shall furnish certified test reports from an independent laboratory indicating that the material meets the requirements of the specification.

105

Addendum No. 1 MM-46.7-W0.4 Bluestone Bridge Project RFB-13-03054C February 8, 2013

IMPORTANT: Please note that the Project Specials in the Invitation to Bid, DID NOT include the proper headers. Attached are the Project Specials with the proper headers.

In response to several questions, Mesa County is issuing Addendum 1 to RFB-13-03054-C. The question and responses are included below. A submitted BID must acknowledge receipt of this Addendum in the space provided on the bid forms to be considered responsive.

Question 1: Is item 9 geotextile separator class 1 or geotextile reinforcment fabric?

Answer: Item 9 shall be GEOTEXTILE REINFORCEMENT FABRIC. Per the plans, Sheet 3 – Typical Sections, the fabric shall be Tensar TX 140 or approved equivalent. This is also referenced in the Geotechnical Investigation by Huddleston-Berry.

Question 2: Regarding the quantity of geogrid on the Bluestone Bridge job. That line item is not listed on the Summary of Quantities, yet I see it is mentioned in the Pavement section of the specifications (Tensar TX 140 grid). I am assuming the square yardage amount is roughly the same as the separator fabric, but I was hoping you might be able to clarify that for me at your convenience.

Answer: Contrary to the bid item, there is no “separator” fabric on the project. The bid item should read “Geotextile (Reinforcement) ” which would be the Tensar TX 140 or equivalent.

Question 3: Will there be any possibility of pulling water from the bluestone canal for site use?

Answer: Any water removed from the Bluestone Canal shall be permitted or allowed through the Bluestone Ditch Company and is considered an agreement between the Contractor and the Bluestone Ditch Company.

106

Question 4: Is re-vegetation included in the Stormwater Management Plan?

Answer: Re-vegetation is required compliance for the CDPHE permit which shall be acquired, installed and maintained by the Contractor.

Question 5: Section 420 recommends that 12” of CL2 ABC shall be placed before placement of geogrid and the plans reflect that the geogrid to be placed on existing reconditioned subgrade or fill. Shall we follow the plans or specifications?

Answer: The geogrid reinforcement fabric shall be placed in accordance with the plans and Geotechnical Investigation recommendations.

Question 6: Is the borrow material from contractors source or can it be produced from an onsite location? What is the minimum R-value required?

Answer: There are no onsite locations approved for borrow material. The minimum R-value required is 40. The material source shall be approved by the Geotechnical Engineer (Mike Berry w/Huddleston-Berry) prior to placement.

Question 7: Is the 2’ of structural backfill/bedding under the CBC accounted for under bid item #5 (Structural Backfill Class 1) or shall it be incidental to bid item #13 (6’ x 4’ CBC)?

Answer: The structural backfill for the CBC is accounted for under bid item #5. All other structural backfill is incidental to the appropriate item.

Question 8: Will the canal access road be available for a staging area?

Answer: The canal access is controlled by the Bluestone Ditch Company and will not be available for a staging area.

Question 9: How is the Concrete Barrier (Temporary) to be paid for? With the Construction Zone Traffic Control?

Answer: Concrete Barrier – included (incidental) with Construction Zone Traffic Control – See Project Special Provision 630 – Basis of Payment.

Attached please find a copy of the updated Bid Form that includes a line item for the Public Information Special

Attached please find a copy of the pre-bid meeting notes.

107 Acknowledge Receipt:

Signature:______Company:______

Name (Print):______Date:______/______/______

108 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. When specifications or special provisions contain both English units and SI units, the English units apply and are the specification requirement.

Mesa County Standard Special Revisions Colorado Department of Transportation Standard Special Provisions

Mesa County Standard Project Special Provisions:

109 Known utilities within the limits of this project are:

The contractor shall provide written notice to each utility owner, with a copy to the Engineer, immediately prior to each utility work element expected to be coordinated with construction.

110 The Contractor shall comply with Article 1.5 of Title 9, Colorado Revised Statutes, 1986 Repl. Vol., as amended by Senate Bill 93-155, ("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 NOTICE OR THE DAY OF EXCAVATION) prior to commencing such operations. Contact the Utility Notification Center of Colorado (UNCC) to have locations of UNCC registered lines marked by member companies. Calls originating outside the Denver area use 1-800-922-1987. All other underground facilities shall be located by contacting the respective company. Utility service laterals shall also be located prior to beginning ANY excavation or grading.

The location of utility facilities as shown on the plan and profile sheets, and/or herein described, were obtained from the best available information.

All costs incidental to the foregoing requirements will not be paid for separately but shall be included in the work.

END OF SECTION

111 The Contractor Shall:

112 QUALITY CONTROL: The Contractor is responsible for quality control of all work performed and shall implement whatever procedures, methods, testing, surveying, and supervision that is necessary in order to insure that the work conforms to the Plans and Specifications.

ITEM TYPE OF TEST MINIMUM TESTS

Subgrade and Embankment Moisture-Density Curve 1 per soil type

Compaction In-Place Density 1/3,400 sq.ft./lift* Aggregate Base Course or Sub Gradation 1/1,000 ton or fraction thereof Base Course on each class.

Moisture-Density Curve 1/source on each class.

In-Place Density 1/200 ton*

Hot Bituminous Pavement Asphalt Content 1/500 tons or 2 per project, whichever is the lesser.

Gradation Aggregate-minimum of 2/source. (NOT APPLICABLE ON THIS PROJECT) In-Place Density 1 per 100 tons or at least 1 per day. Structure Backfill Gradation 1 per class.

Moisture-Density Curve 1 per class.

In-Place Density 1 per foot depth per abutment.

113 ITEM TYPE OF TEST MINIMUM TESTS

Structural Concrete Compressive Strength 1 set (4) cylinders per 30 cubic yards of structural concrete. Minimum 1 set per Slump and Air Content pour.

Minimum 1 per truck and as often as needed for quality tl * Failing areas to be retested.

END OF SECTION

114 DESCRIPTION

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 Revisions F.A. $30,000.00

END OF SECTION

115 Section 203 of the Standard Specifications is hereby revised for this project to include the following:

Modify Subsection 203.05 (b) Unclassified to include the following:

116 Section 206 of the Standard Specifications is hereby revised for this project to include the following:

Delete Subsection 206.06, METHOD OF MEASUREMENT and replace with:

Delete Subsection 206.07, BASIS OF PAYMENT entirely and replace with:

117 Section 208 of the Colorado Department of Transportation, Standard Specifications revised as follows:

208.01 Add the following after the first paragraph:

Fill in the following information provided on Page 3, of the permit application.

Other Contact Types, fill in the following:

Engineering, Department 5013 Mesa County P.O. Box 20,000 GrandJunction, Colorado, 81502-5001

• Check “Other” box and fill in: Mesa County Colorado

At the time of certification, the Contractor shall provide to the Mesa County Project Manager a copy of the Stormwater Management Plan, Application, Certification and Invoices.

118 208.03 Add the following prior to part (9):

208.10 Add the following:

208.12 Add the following pay item

Pay Item Pay Unit

Erosion Control Lump Sum

208.12 Add the following after the last paragraph

119 Section 420 of the Standard Specifications is hereby revised for this project to include the following:

DESCRIPTION

This work consists of furnishing and installing geogrid reinforcement material, in accordance with these specifications and in conformity with the lines and grades shown on the plans or established.

MATERIALS

Geogrid is a polymer grid structure specifically fabricated for use as a soil reinforcement. Geogrid reinforcement material shall conform to the requirements of Section 712.

CONSTRUCTION REQUIREMENTS

Geogrid reinforcement shall be installed in accordance with the following:

Placement of geogrid around corners will require cutting of geogrid product and diagonal overlapping of same to ensure that excessive buckling of grid material does not occur.

Geogrid material shall be kept tight and secured to the ground surface, as necessary, by placement of loose fill at the corners and edges or as directed by the Engineer.

120 (d) Fill Placement Over Geogrid. Tracked construction equipment shall not operate directly upon the geogrid. A minimum fill thickness of 8 inches is required prior to operation of tracked vehicles over the geogrid.

121 Section 607 of the Standard Specifications is hereby revised for this project as follows:

Section 607 of the Standard Specifications is hereby revised for this project as follows:

Temporary fencing as required for livestock control shall be provided by the Contractor and approved by the Engineer prior to placement.

Subsection 607.05 shall include the following:

End posts, corner posts and line brace posts as required for the permanent barb wire fence will not be measured and paid for separately but shall be included in the work.

122 Section 614 of the Standard Specifications is hereby revised for this project as follows:

Subsection 614.02 shall include the following:

2" Round Steel Poles and Timber Posts will not be accepted when resetting or installing new signs.

123 Section 615 of the Standard Specifications is hereby revised for this project as follows:

Subsection 615.02 shall include the following:

The 8” Slide Headgate shall be Waterman Industries as Model C-10 (Flatback). Additional information, including installation details are available at watermanusa.com/products/c10canalgates.

124 In coordination with Mesa County Engineering, the PIM shall notify media outlets via a press release as well as prepare and distribute a flier to the local schools, District 51, sheriff's office, fire and the residents and businesses within 2 mile radius of the project (or as directed by the Project Engineer) prior to beginning construction and for each major project activity. The flier shall be printed on orange paper and shall discuss the project's ongoing work, the anticipated completion date and the schedule for the forthcoming month. The flier shall provide the name of the Contractor's contact person and the telephone number and office hours of the Public Information Office. Fliers, and media releases, shall be provided to the Project Engineer, Mesa County Engineering, and to the people on the attached list for review 7 calendar days prior to distribution.

Subsection 626.02 shall include the following:

125 Payment will be made under:

Pay Item Pay Unit

Public Information Services Lump Sum

Public Information Services Contact List

Mesa County Engineering County Engineer – Tim Hayashi Mesa County Public Works Department – Engineering Division Phone: 970-255-5035 Fax: 970-255-7171

Mesa County Sheriff’s Office (Non-Emergency) Phone: 970-242-.6707

Colorado State Patrol 554 Jurassic Court Fruita, Co 81521 Phone: 970-858-2250

Debeque Fire Protection Division (Non-Emergency) Phone: 970-283-8632

Bluestone Ditch Company – Tom Latham Phone: 970-210-1832

Media Outlet Fax Numbers News Papers: Daily Sentinel TV/Radio Stations: KJOY 970-245-7551 KAFM 970-241-8801 KPRN 800-722-4449 KREX-TV 970-242-5000

KSNO 970-245-7551 KMSA 970-248-1020 KRVG 970-241-6452 KMOZ 970-254-2100 KJCT –TV 970-245-8880 KEKB 970-242-7788 KKCO – TV 970-243-1770 KEXO 907-242-7788 WESTERN SLOPE COMMUNICATIONS 970-241-6452

126 Section 630 of the Standard Specifications is hereby revised for this project as follows:

630.10a Traffic Control Plan Delete the first paragraph- Traffic Control Plan and Add the following:

630.14 Flagging and Pilot Car Operations – Delete all reference to reimbursement for flagging.

630.15 Method of Measurement – Replace subsection with the following:

Construction Zone Traffic Control will not be measured but will be paid for on a Lump Sum Basis.

630.16 Basis of Payment – Replace subsection with the following:

127 11-03054 BSB: Construction Zone Traffic Control price when 80 percent of the original contract amount has been earned, and the final 10 percent when the Project is substantially completed.

Payment will be made under:

Pay Item Pay Unit Construction Zone Traffic Control Lump Sum

128 Section 712 of the Standard Specifications is hereby revised for this project to include the following:

Geogrid reinforcement material shall conform to the following:

The geogrid reinforcement shall be a polymeric material composed principally of polypropylene, high density polyethylene, or polyester.

The manufacturer shall furnish certified test reports from an independent laboratory indicating that the material meets the requirements of the specification.

129 MEETING MINUTES

Date and Time: February 5, 2013, 2:00pm

Location: Mesa County Combined Services Bldg, 200 S Spruce St, Multi Purpose Room 40

County Staff in Attendance: Tim Hiyashi, David Wolff, Connie Hahn, Pam Hawkins

Others in Attendance: Doug Thies, River City

Subject: Bluestone Bridge Replacement, 13-03054C MM-46.7-W0.4

Introductions, make sure everyone signs in… Questions till thru close of business Thursday, February 7, 2013 5:00 pm, Addendum out on Thursday 6, 2013.

Bids open Tuesday, February 12, 2:00pm

1 landowner, prescriptive rights not deeded, Contractor and County will meet with landowner from the Truitt Family Trust. ROW is prescriptive.

Bedding under CBC – incidental or structural backfill? The bedding under the box is per plan – Sheet 2 – Imported Structural Backfill and is incidental. Bid Item 206 – Structure Backfill is for the Class 1 Structure Backfill as shown on Sheet 2 (top and sides).

There is no know on-site borrow areas. Material shall be tested to ensure that it meets the standards.

Staging will not be allowed on the canal access road. Contractors are encouraged to contact adjacent property owners for staging options.

Wingwall/footings can be placed monolithically with apron and toewall.

Bluestone ditch runs all year, maintain access at all times to property.

Current road alignment will change to allow for a safer horizontal and vertical path.

It is anticipated that the class 6 used in the detour will be reclaimed for use elsewhere on the project and use in driveways.

Plate for access, open to ideas, run thru RiverCity. Oilfield traffic thru this area.

Demo structures- wood piles removed completely/ leave buried sections below liner. Least amount of disruption the better

Staging/storage parking Contractor maybe able to make arrangements with landowner.

130 BID SCHEDULE MM 46.7-W0.4 (BLUESTONE) BRIDGE

ITEM CDOT REF. NO. CONTRACT ITEM UNIT QUANTITY UNIT COST EXTENDED COST NO. 1 201-0000 Clearing and Grubbing LS 1 2 202-0000 Removal of Structures and Obstructions LS 1 3 203-0001 Unclassified Excavation (Complete in Place) CY 924 4 203-0002 Borrow (Complete in Place) CY 1,116 5 206-0000 Structure Backfill (Class 1) CY 192 6 208-0000 Erosion Control LS 1 7 304-0000 Aggregate Base Course (Class 6) CY 907 8 306-0000 Reconditioning SY 3,265 9 420-0000 Geotextile (Separator) (Class 1) SY 2,590 10 506-0000 Riprap CY 9 11 601-0000 Concrete - Class D CY 20 12 602-0000 Reinforcing Steel LB 1,462 13 603-0001 6 Foot x 4 Foot Concrete Box Culvert (Precast) LF 104 14 603-0002 12 Inch Reinforced Concrete Pipe (Class V) LF 40 15 603-0003 8 Inch Plastic Pipe LF 80 16 603-0004 18 Inch Plastic Pipe LF 100 17 603-0005 12 Inch Reinforced Concrete End Section EA 2 18 603-0006 18 Inch Reinforced Concrete End Section EA 4 19 607-0000 Fence - Barbed Wire with Treated Wooden Posts LF 252 20 614-0001 Delineator - Type 1 EA 16 21 614-0002 Sign Panal (Class 1) SF 5 22 614-0003 Steel Sign Support (Special) EA 1 23 615-0000 8 Inch Slide Headgate - (Special) LS 1 24 625-0000 Construction Surveying LS 1 25 626-0001 Mobilization LS 1 27 626-0002 Public Information Services LS 1 26 630-0000 Construction Zone Traffic Control LS 1 28 700-0000 F/A Minor Contract Revisions FA 1 $30,000 $30,000 Total Cost

131 Cannot use canal road, ditch company will be using canal road. Contractor will need to stay within the limits of disturbance.

Material testing by contractor

Earliest start: 3 weeks after contract signing

Canal will be shut down March 15 thru April 10 Because of short amount of time for construction, there will be no work restrictions.

Public Information needs to be added to addendum.

Shop drawings on culverts will need to be stamped by PE.

132

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lib ARIES r a ry   2012 REVENUE AND EXPENSES CENTRAL LIBRARY ON COURSE FOR 2013 rededication In 2012, Mesa County Libraries began the most Funds to cover much of the cost will come from the library BASEBALLS SIGNED BY THE GJ ROCKIES. extensive improvement project on the Central Library district’s capital reserve and anticipated budget savings building since the library moved there almost 40 years in 2012 and 2013. Additional funds will come from a REVENUE SOURCES EXPENDITURES ago. $1.25 million capital campaign by the Mesa County Public Ownership Taxes - $790,930 Library Materials - $534,698 year in review The Central Library Expansion and Improvement Library Foundation, which includes various grants and a Gifts, Grants, Other - $180,720 Capital Projects - $1,972,087 • The Fruita and Palisade branches celebrated their first Project will enhance the best aspects of the library while significant contribution from Friends of the Mesa County Property Taxes - $5,980,003 Admin & Support - $456,762 anniversaries in their new homes in 2012. The Fruita Branch’s providing more of the features that patrons want. When Libraries. The library will complete the project with no Technology - $346,452 location in the Fruita Community Center attracted more than the project is completed in late spring 2013, the Central debt and without increasing taxes. Facilities – $329,795 104,000 visits, and Palisade’s downtown storefront drew more Library will be 9,000 square feet larger (approximately Mesa County Libraries are working with Barker Rinker than 35,000 visits during the year. Personnel - $3,305,937 45,000 square feet), and it will contain more quiet spaces Seacat Architecture, a Colorado-based firm with extensive • Colorado Lt. Gov. Joe Garcia visited the Central Library in to read and study. In addition, more natural light will experience designing libraries, and Grand Junction-based = = February 2012 to promote early-childhood literacy. Mesa illuminate the building’s interior, and key features will be Shaw Construction, the project’s general contractor, to Total revenue Total EXPENDITURES County Libraries Youth Services is working with other providers relocated for greater convenience to patrons. complete the Central Library. Eighty-nine percent of $6,945,731 to ensure the best possible service to young readers. Library administration and support services will be subcontractors are based in and around Mesa County. $6,951,653 • New library partnerships with the John McConnell Math consolidated from three buildings into one, significantly Mesa County Libraries look forward to inviting the and Science Center, the Museum of Western Colorado, improving the library’s operating efficiency. community to celebrate the Central Library’s grand Colorado State Parks, and the City of Grand Junction Parks The entire project is estimated to cost $7.1 million. reopening in late spring 2013! and Recreation Department made more exciting programs available to the public across Mesa County. Elements of the project include: • Enid Bell, founding board member of the Mesa County Public • A new, street-level community room providing more capacity for library events Library Foundation, retired from the board in 2012. She served • Fenced outdoor patio areas for the community room and the children’s area 20 years, during which she helped with the first-ever capital • Convenient access to the building from parking lots on the east and west sides campaign. She continues to serve on the Palisade Auxiliary. • Addition of several small-group meeting/study rooms • Expanded teen center • A new design for the Mesa County Libraries website debuted • Redesigned checkout area to provide better access to holds and book returns in 2012, improving the ease of finding and using library materials. An entertaining and informative blog keeps readers • A Novel Idea bookstore, operated by the Friends of the Mesa County Libraries, up-to-date on books, movies, and library news. will occupy a prominent, street-level location inside the west entrance • Maximum flexibility inside the building so that it can continue to offer residents • Amor Towles, author of “Rules of Civility,” received a warm checkouts remain strong in 2012 the best possible library service well into the future CONSTRUCTION PROJECT TIME LAPSE The Central Library’s temporary move to make way for In addition, total checkouts at all Mesa County reception during his February 2012 visit for One Book, One construction caused an overall decline in checkouts and Libraries locations during October set a record for that Mesa County. A 1930s-era fashion show held as part of book- renewals in 2012, but the year’s total remained one of the month, with 112,195 items checked out or renewed. The related programming attracted more than 100 fans. largest in Mesa County Libraries history. strong performance late in the year shows that despite • In its fourth year, Culture Fest, an annual celebration of Mesa Checkouts and renewals in 2012 totaled 1.36 million, the Central Library’s move, residents continued using the County’s cultural diversity, drew hundreds of enthusiastic Library Foundation nears fundraising goaL down 2.4 percent from 2011’s record level but still library at a brisk pace. visitors to the Central Library’s temporary location. The Mesa County Public Library Foundation is making exceeding 2010 and previous years. Meanwhile, library The number of library cardholders in Mesa County • Staff promoted the library in a wide variety of venues in 2012, steady progress toward fulfilling a $1.25 million commitment visits were down 8.8 percent to 726,940. increased by 1.2 percent in 2012, reaching 74,204. That including the Farmers Market, the Peach Festival, Truck or Treat, to the Central Library Expansion and Improvement Project. However, those numbers alone don’t tell the whole number represents approximately half of the county’s and the Chamber’s Business Showcase. The library’s float won The public portion of the capital campaign launched in story. When the Central Library closed for one and one- population. first place in the Palisade Parade of Lights. October 2012 with a press conference and media campaign to half weeks in August during the move to a temporary Use of wireless Internet connections through the • Mesa County Libraries formed a promotional partnership raise awareness of the project. A direct mail appeal was sent location six blocks away, many patrons discovered library experienced tremendous growth of 115 percent with the Grand Junction Rockies. Autographed baseballs by to many households in the Grand Junction area, generating neighborhood branch libraries as places to find, pick up, in 2012. Mesa County Libraries now provide wireless team members were Summer Reading Program prizes. significant financial support and attracting hundreds of first- and use library resources. Circulation (checkouts and connectivity at all eight locations. As people rely more • Participation in the 2012 Summer Reading Program totaled time library donors. renewals) and/or visitation increased in 2012 at almost on mobile devices, the library is providing more wireless 5,308, including 3,229 kids, 979 teens, and 1,100 adults. Major gifts have ranged from $5,000 to $200,000. As of every library location. service to help people connect easily to the online world. February 2013, more than $1 million toward the goal had been • The Literacy Center provided services to 509 individuals raised, and efforts were under way to raise the approximately Contribute To the Central Library Project 2012 STATISTICS in 2012, a 10 percent increase over 2011. Sixty-nine tutors $200,000 needed to complete the Foundation’s commitment volunteered 4,156 hours, and the Literacy Center offered 44 Contributions can be made in two ways: 2010 2011 2012 to the project. classes in reading, writing, English, and U.S. citizenship. • Online at www.mesacountylibraries.org (Online donations require a valid Visa, Mastercard, or Discover card) checkouts 1,270,853 1,392,070 1,358,864 Mesa County Libraries express their deep appreciation to - or - • The De Beque Branch was closed for two days due to the Pine the Foundation and all donors for their generous support. vISITS 720,885 797,093 726,940 Ridge Fire, which burned thousands of acres near • By check, payable to the Mesa County Public Library Foundation and mailed to the Foundation at Their assistance enables us to provide the community with P.O. Box 3668, Grand Junction, CO 81502. LIBRARY CARDHOLDERS 69,434 73,353 74,204 De Beque. After the branch reopened, usage increased when not only a top-quality Central Library, but with a first-rate the De Beque School, where the library is located, served as WIRELESS USE 15,380 25,031 54,018 branch library system that serves all of Mesa County. To find out about an Enterprise Zone tax credit, call 683-2438. base camp for firefighters.