2020 RIO BLANCO COUNTY CHIP SEAL PROJECT

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2020 RIO BLANCO COUNTY CHIP SEAL PROJECT
Rio Blanco County Road
   & Bridge Department
   2020 RIO BLANCO
   COUNTY CHIP
   SEAL PROJECT
     The 2020 Rio Blanco County Chip Seal Project consists of seal coating and fog
    coating approximately 33.91 miles of County Roads in the Piceance Creek area.
     The Contractor shall supply all material, labor and equipment to complete the
                                         work.

                                               IMPORTANT DATES

                                 Advertisement Dates:    2/13/20 and 2/20/20

                                 Pre-Bid (Mandatory):    2/26/20 at 11:00 AM (Wednesday)

                          Questions Due to Van Pilaud:   3/4/20 at Noon (Wednesday)

                                    Work Guaranteed:     6 months

                                Bid Opening (Meeker):    3/10/20 at 11:15 AM (Tuesday)

                             Project Start-Completion:   6/1/20 to 6/26/20

2020 RIO BLANCO COUNTY CHIP SEAL PROJECT                                                   1
2020 RIO BLANCO COUNTY CHIP SEAL PROJECT
Rio Blanco County
                                                              Road & Bridge Department
                                                                 Contract Documents

                                                2020 RIO BLANCO COUNTY CHIP SEAL PROJECT

Contents

REQUEST FOR BID.................................................................................................................................................... 4
DESCRIPTIONS OF SERVICES – EXHIBIT A ................................................................................................................ 5
   CHIP SEAL ............................................................................................................................................................ 5
       Description ...................................................................................................................................................... 5
       Materials ......................................................................................................................................................... 5
       Aggregate ........................................................................................................................................................ 5
       Construction Requirements ............................................................................................................................ 5
       Weather Limitations........................................................................................................................................ 5
       Equipment ....................................................................................................................................................... 5
       Preparation of Surface .................................................................................................................................... 6
       Application of Bituminous Material ................................................................................................................ 6
       Application of Cover Coat Material ................................................................................................................. 6
       General Requirements .................................................................................................................................... 6
       Method of Measurement................................................................................................................................ 6
       Basis of Payment ............................................................................................................................................. 6
       Revision of Section 103 – Award and Execution of Contract .......................................................................... 7
       Revision of Section 105 – Control of Work ..................................................................................................... 7
       Revision of Section 109 – Measurement and Payment .................................................................................. 7
       Revision of Section 304 – Aggregate Base Course (Blotter Material) ............................................................. 8
       Revision of Section 409 – Seal Coat ................................................................................................................ 8
       Revision of Section 627 – Raised Pavement Marking (Temporary) (Double Tabbed) .................................... 9
       Revision of Section 630 – Construction Zone Traffic Control ......................................................................... 9
   FOG SEAL ........................................................................................................................................................... 10
       Description .................................................................................................................................................... 10
       Method of Measurement.............................................................................................................................. 10
       Basis of Payment ........................................................................................................................................... 10
   COMMENCEMENT AND COMPLETION OF WORK ............................................................................................. 10
   GENERAL NOTES ................................................................................................................................................ 11

 2020 RIO BLANCO COUNTY CHIP SEAL PROJECT                                                                                                                               2
2020 RIO BLANCO COUNTY CHIP SEAL PROJECT
WARRANTY ........................................................................................................................................................ 12
   TABULATION OF QUANTITIES ........................................................................................................................... 13
2020 APPROVED STOCKPILE LOCATIONS .............................................................................................................. 14
PROJECT AND STOCKPILE LOCATION MAP............................................................................................................ 15
   CP-L 2213........................................................................................................................................................... 16
BID FORM - EXHIBIT B ........................................................................................................................................... 19
AGREEMENT FOR SERVICES .................................................................................................................................. 22
       COVER COAT ASPHALT USE FORM EXAMPLE................................................................................................ 36
       COVER COAT CHIPS USE FORM EXAMPLE ..................................................................................................... 37

 2020 RIO BLANCO COUNTY CHIP SEAL PROJECT                                                                                                                             3
2020 RIO BLANCO COUNTY
                                                 CHIP SEAL PROJECT
                                                 REQUEST FOR BID
PROJECT NAME, LOCATION AND GENERAL SCOPE OF WORK
2020 Rio Blanco County Chip Seal Project. Work consists of seal coating and fog coating approximately 33.91 miles of
County Roads in the Piceance Creek area. Be aware there may be other County and/or State projects in the area that may
affect material transport routes and/or travel delays.
CONTRACT DOCUMENTS
Contract Documents shall be available on-line at www.govbids.com/scripts/co1/public/home1.asp, or on the county’s
website at www.rbc.us on the Bid Postings page, or at the Rio Blanco County Road and Bridge Dept. 570 2nd Street, Meeker,
Colorado 81641 on February 13, 2020.
VENDOR QUALIFICATIONS
Vendors must be listed on the most current CDOT Pre-qualified Contractor Listing.
WORK SCHEDULE
This project shall start June 1, 2020 and complete by June 26, 2020, pending delays due to adverse conditions. Contractor
shall submit a firm work schedule with bid.
PROJECT SUPERINTENDENT AND QUESTIONS
Van Pilaud, County Engineer, (970) 878-9590, Fax (970) 878-3396. Mailing address: Rio Blanco County Road and Bridge
Dept., 570 Second Street, Meeker, CO 81641.
All Vendors must examine the sites and become familiar with all site conditions. Any questions regarding this project are
to be directed in writing to Van Pilaud before March 4, 2020 at noon at the above address or fax number.
MANDATORY PRE-BID MEETING
Vendors must attend mandatory pre-bid meeting:
February 26, 2020 at 11:00 A.M. at the Rio Blanco County Road & Bridge Dept., 570 Second Street, Meeker.
BID SUBMITTALS
Bids shall have Vendor’s name and address and “SEALED BID-2020 CHIP SEAL PROJECT” written on the sealed envelope.
All required documents shall be included with the bid or it shall be rejected.
Each bid must include a certified check or cashier’s check in the amount of not less than five percent (5%) of the total bid,
made payable to Rio Blanco County, or by a bid bond in like amount executed by a surety company.
Mailed bids are due no later than 4:00 P.M. on Monday, March 9, 2020. Do not depend on overnight delivery. Mailing
Address: RBC Commissioners, P.O. Box 599, Attn: Vicky Edwards, Meeker, CO 81641.
Hand delivered bids will be accepted from 8:00 A.M. to 10:45 A.M. on March 10, 2020. Hand-delivery address: Rio Blanco
County Commissioners, 555 Main St., 3rd Floor, Meeker, CO.
BID OPENING
Bids shall be opened and read in public at 11:15 A.M. on March 10, 2020 at the Rio Blanco County Courthouse, 555 Main
Street, 3rd Floor Board Room, Meeker, CO. Bids submitted after 10:45 A.M. will be returned not opened. Bids submitted
and opened shall not be withdrawn for 30 days thereafter.
BID PREFERENCE
C.R.S. 8-19-101, et.seq, shall be observed on all construction contracts on public projects. The law states that when a
construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed preference against
a nonresident bidder from another state equal to the preference given or required by the state in which the nonresident
bidder is a resident.
BID AWARD
The Rio Blanco County Board of County Commissioners reserve the right to reject any or all bids; to waive any informalities
in bids; and to accept the bid that, in the opinion of the Board, is in the best interest of the County of Rio Blanco, State of
Colorado.

RIO BLANCO COUNTY, COLORADO
Dated: February 19, 2020
By:      Jeff Rector, Chairman
Rio Blanco Herald Times – Feb. 13 & 20, 2020

 2020 RIO BLANCO COUNTY CHIP SEAL PROJECT                                                                                   4
DESCRIPTIONS OF SERVICES – EXHIBIT A
                                                   CHIP SEAL
Description
This work consists of furnishing and applying asphalt material and cover coat material on existing pavement.
See map/tabulation for location of project roads.

The Vendor shall not sublet, sell, transfer, assign, or dispose of the Contract or Contracts, or any portion thereof
without written permission from Rio Blanco County (RBC). Prior to beginning any work by subcontractor, the
Vendor shall request permission from RBC by submitting a written request which states the work being
subcontracted and the dollar amount of original contract being subcontracted. The Vendor will be permitted to
sublet a portion of the Contract, however, the Vendor’s organization shall perform work amounting to 30
percent or more of the original total cost of bid items.

The Vendor shall have on the project, at all times that work is being performed, a competent superintendent
capable of reading and understanding the contract documents and experienced in the type of work being
performed. The superintendent will receive instructions from RBC and shall be authorized to act for the Vendor
on the project and to execute orders or directions of RBC without delay. The superintendent shall promptly
supply materials, equipment, tools, labor, and incidentals to complete the Contract, regardless of the amount of
work sublet.

Materials
Bituminous Material: The asphalt binder shall be CRS-2P or CRS-2R as specified in Subsection 702.02 of the
Colorado Department of Transportation (CDOT) “Standard Specifications for Road and Bridge Construction,
2019” (Standard Specifications). A certified laboratory analysis shall be furnished to Rio Blanco County showing
CRS-2P or CRS-2R meets the requirements as stated in Subsection 702.02.

Aggregate
Contractor-supplied Type I (3/8”) Cover Coat Material shall be in accordance with subsection 703.05 of the CDOT
Standard Specifications for Type I Cover Coat Material.

An analysis of a representative sample of the aggregate proposed shall be performed by an independent testing
laboratory and a report submitted to the Rio Blanco County Road & Bridge Dept. (RBC) ten (10) calendar days
prior to placement. The analysis shall consist of the Los Angeles abrasion test, sieve analysis, and unit weight as
per AASHTO and/or ASTM Standards.

Construction Requirements
Construction requirements shall be in accordance with subsection 409.04 through 409.08 of the Colorado
Department of Transportation (CDOT) “Standard Specifications for Road and Bridge Construction, 2019”
(Standard Specifications).

Weather Limitations
Shall be in accordance with subsection 409.04 of the CDOT Standard Specifications.

Equipment
Shall be in accordance with subsection 409.05 of the CDOT Standard Specifications with the addition of the
following:

    •   Water Truck

 2020 RIO BLANCO COUNTY CHIP SEAL PROJECT                                                                        5
Preparation of Surface
Shall be in accordance with subsection 409.06 of the CDOT Standard Specifications with the following additions:

    •    The Contractor shall remove all vegetation from the road surface prior to seal coating the surface.
    •    The application of the seal coat shall not be started until the County has approved the surface.
    •    Rio Blanco County will clean exceptionally muddy areas.

Application of Bituminous Material
Shall be in accordance with subsection 409.07 of the CDOT Standard Specifications with the following additions:

    •    The bituminous material shall be applied at a rate of 0.36 gallons per square yard for the 3/8” aggregate.

Application of Cover Coat Material
Shall be in accordance with subsection 409.08 of the CDOT Standard Specifications with the following addition:

    •    The 3/8” aggregate cover coat material shall be applied at an average rate of 19 pounds per square yard.

General Requirements
Rio Blanco County offers the sites listed on the “Chip Stockpile Locations” attachment for storing material and/or
equipment. The Contractor may, with the approval of RBC, obtain sites of his choosing for equipment storage
and/or materials stockpiling. A list of such sites shall be submitted to RBC for approval at least ten (10) calendar
days prior to intended use with a proposed truck route for ingress and egress to each site shown. For all sites
approved and used, the Contractor shall be responsible for the following:

    1.   Keep stockpiles and equipment confined within the approved area.
    2.   Provide security for his material and equipment and for public safety at the site.
    3.   Keep access roads clean and in good condition.
    4.   Restore the site to its original or better condition, as determined by RBC after use.

Method of Measurement
The cover coat material will be measured by the square yard of the designated type of cover coat material. The
roadway width will be measured at random locations to obtain an average width per lane.

Emulsified asphalt and liquid asphaltic materials will be measured by the gallon. The pay quantity for emulsified
asphalt shall be the number of gallons after dilution with water.

Basis of Payment
Payment for placement of cover coat will be by the unit price quoted per square yard of cover coat material
placed. Quantities of cover coat material placed will be verified by the County. Separate payment will not be
made for sweeping, cleanup, or other incidentals such as sampling.

Payment for placement of bituminous material will be by the unit price quoted per gallons placed. Quantities
of bituminous material will be verified by the County to the nearest gallon as determined by distributor truck
gauge readings. Separate payment will not be made for sweeping, cleanup, or other incidentals such as
sampling.

 2020 RIO BLANCO COUNTY CHIP SEAL PROJECT                                                                        6
Revision of Section 103 – Award and Execution of Contract
Section 103 of the Standard Specifications is hereby revised for this project as follows:

Section 103.01 Consideration of Proposals shall include the following:
     The Vendor shall submit a notarized letter assuring compliance with C.R.S. 8-17-101, which requires that
     80% of the labor used on the project shall be Colorado labor.

Revision of Section 105 – Control of Work
Section 105 of the Standard Specifications is hereby revised for this project as follows:

Section 105.01 shall include the following:.

    1. Excess mud on roadway and bridges. County personnel may be able to help the contractor clean
       surface to be chip sealed.

Revision of Section 109 – Measurement and Payment
Section 109 of the Standard Specifications is hereby revised for this project as follows:

Section 109.01 shall include the following.

The Contractor shall collect data for 409 and 411 material when it is delivered and placed on project sites, and
ensure the information required by Subsection 109.01 and Rio Blanco County Road & Bridge Forms 409-1 and
411-1 are completed each day 409 and 411 material is placed on the project.

The Road & Bridge Forms shall be available on site for Rio Blanco County personnel to inspect.

Each day the Contractor shall provide to the engineer envelopes which contain the previous day’s signed forms
409-1, 411-1 and the following:

    1. One copy of each Bill of Lading for 411 material delivered to the project with the road(s) and date
       material was placed.
    2. Supply information to support actual application rates for 409 material in either of the following ways:
          a. Front end loader bucket scale readouts.
          b. Prior to project start and two times per day during production to determine an average, use a
               spring scale to measure the weight of chips placed on 1 square yard fabric test section by chip
               placement equipment.

    3. A comparison of the actual yield for each day’s placement to the theoretical yield shall be shown on R &
       B Forms as applicable. Actual yield shall be based on the actual area covered with applicable material.
       If there is any variance greater than 2.5%, the Contractor shall notify the R & B Project Superintendent
       and supply a written explanation with that day’s R & B Forms.
    4. Each day for each pay item compare quantity placed, quantity remaining and plan quantity to assure no
       overrun of plan quantity. All overrun of plan quantity must be approved by R & B and authorized by
       change order.
    5. Not supplying required information daily will be cause to STOP WORK and/or NO PAYMENT for all work
       performed on days the information is missing.

 2020 RIO BLANCO COUNTY CHIP SEAL PROJECT                                                                    7
Revision of Section 304 – Aggregate Base Course (Blotter Material)
Section 304 of the CDOT Standard Specifications is hereby revised for this project as follows:

Subsection 304.02 shall include the following:

    •   Materials for Aggregate Base Course (Blotter Material) is available from Rio Blanco County at no charge.
        A large stockpile of sand material is located at the Satellite Building on County Road 26 Mile Post 0.8.
        Contractor shall ensure that the material is available for immediate use at all times.

Subsection 304.08 shall include the following:

    •   Aggregate Base Course (Blotter Material) will not be measured and paid for separately but shall be
        included in the work.

Revision of Section 409 – Seal Coat
Section 409 of the CDOT Standard Specifications is hereby revised for this project as follows:

Subsection 409.07 shall include the following:

    •   Prior to placing emulsified asphalt for seal coat, the Contractor shall cover all bridge expansion joints,
        bridge drains, inlet grates, manhole covers, valve covers, and thermoplastic or plastic pavement
        markings. The Contractor shall protect these areas from contamination by materials from construction
        operations. In the event that material enters inlet openings, expansion joint, drains, manhole lids, or
        valve lids, the Contractor shall clean the affected area, including any pipes or inlet boxes, at his own
        expense. In the event that the Contractor fails to protect the pavement markings, other than pavement
        marking paint or epoxy pavement marking, the Contractor shall replace the affected markings with Inlaid
        Thermoplastic Pavement Marking at his own expense.
    •   The Contractor shall adjust the distributor bar to prevent overspray onto curb and gutter, concrete
        barrier, or other items adjacent to the work. The Contractor shall completely remove any overspray at
        his own expense, using methods approved by the Engineer.
    •   Some areas may require hand application of emulsion, cover coat and fog coat. There will be no
        additional payment for these areas.

Subsection 409.08 shall include the following:

    •  Two weeks prior to construction, the contractor shall submit a Quality Control Plan to the Engineer that
       defines the following:
    1. Type and size of Equipment to be used on the project. This includes information on distributor trucks,
       chip spreader and brooms as specified in subsection 409.05. The quality control plan shall include the
       method and last date of calibration or certification of equipment, and the method to prevent overspray.
    2. The rate and method for sampling and testing of Contractor-supplied 3/8” Type I aggregate during
       production. The plan shall define the methods for crusher control on the aggregate used for the project.
       When available the crusher control data should be included.
    3. Method and location for handling and stockpiling aggregates. This shall include methods that will be
       used to avoid segregation and excessive aggregate breakdown.

 2020 RIO BLANCO COUNTY CHIP SEAL PROJECT                                                                      8
4. Method, location, and personnel that will be responsible for providing materials samples for Quality
       Assurance Testing. The plan shall include a means and time to mechanically open the face of a stockpile
       for proper sampling.
    5. Results from Compatibility testing of Contractor-supplied Aggregate and Emulsion as defined in CPL-
       2213, that result in Fair or Good Compatibility. A copy of CPL-2213 is a part of this document.

Subsection 409.08, delete second paragraph and replace with the following:
   • The cover coat material shall be moistened with water prior to spreading, to eliminate or reduce the
       dust coating of the aggregate. Water is available at the Rio Blanco County Piceance Creek Gravel Pit
       located on RBC County Road 5, 2 miles south of the intersection with State Highway 64.

Subsection 409.10 shall include the following:

        Pay Item                                                             Pay Unit
        Provided, Hauled & Placed Type I Cover Coat Material (3/8”)          Square Yard

Revision of Section 627 – Raised Pavement Marking (Temporary) (Double Tabbed)
Subsection 627 of the CDOT Standard Specifications is hereby revised for this project as follows:

Subsection of 627.03 shall include the following:

    •   Full-compliance markings are not required before chip sealed surfaces are opened to the traffic.
        However, before opening the roadway to traffic, reflective yellow raised flexible pavement markers
        (temporary) shall be installed along the center stripe at 100-foot intervals. Double yellow lines shall be
        marked with two markers placed side-by-side at 100-foot intervals throughout the zone. The markers
        shall be installed in accordance with the Manufacturer’s recommendations, and maintained throughout
        the required construction phase at no additional cost to the project. This work includes removing the
        removable tab covers after each spraying operation.

        The Contractor shall be responsible to assure that tab covers are disposed of properly.

Subsection 627.13 shall include the following:

    •  The above work will not be paid for separately, but shall be included in the cost of 409 – Cover Coat
       Material.
    Permanent pavement marking (paint striping) is not included in this project.

Revision of Section 630 – Construction Zone Traffic Control
Vendor shall meet the requirements of this section per the 2019 CDOT Standard Specifications for Road and
Bridge Construction including, but not limited to, activities such as certified traffic control supervisor, certified
flaggers, pilot car operations and traffic control devices for each construction zone.
Each Method of Handling Traffic (MHT) shall be approved in writing before the corresponding phase of
construction will be allowed to begin.
Construction zone traffic control will be paid for separately under this item. Copies of the certifications and
MHT’s will be presented at the Pre-Construction meeting.

 2020 RIO BLANCO COUNTY CHIP SEAL PROJECT                                                                          9
FOG SEAL
Description
A fog seal shall be applied at the rate of 0.10 gallons per square yard of diluted emulsion on specified roads
directed by the County. The emulsion shall be diluted with water as a rate of 40 per cent water and 60 per
cent CRS-2R or CRS-2P emulsion and applied with a pressure distributor. Application of fog seal shall not begin
until chips are swept off completely and chip sealed surface is approved by County Engineer.

Method of Measurement
Emulsified asphalt and liquid asphaltic materials will be measured by the gallon. The pay quantity for
emulsified asphalt shall be the number of gallons diluted with water.

Basis of Payment
Payment for placement of bituminous material will be by the unit price quoted per gallons placed. Quantities
of bituminous material will be verified by the County to the nearest gallon as calculated from truck tank gauge
measurements. Separate payment will not be made for sweeping, cleanup, or other incidentals such as
sampling.

                            COMMENCEMENT AND COMPLETION OF WORK
The Contractor shall begin this project on or after June 1, 2020. The Contractor shall notify the Engineer in
writing at least 10 days before the proposed beginning date. Work shall be complete no later than June 26,
2020.

If materials stockpiling begins before the beginning date, contract time will not be charged for the stockpiling
effort. Stockpiling of materials before the beginning date is subject to the Engineer’s approval. If such approval
is given, stockpiled material will be paid for in accordance with Sections 109 and 626 of the CDOT Standard
Specifications.

Section 108 of the CDOT Standard Specifications is hereby revised for this project as follows:

Subsection 108.03 shall include the following:

    •   The Contractor’s progress schedule may be a Bar Chart Schedule.
    •   Salient features to be shown on the Contractor’s Bar Chart Progress Schedule are:
            1. Mobilization
            2. Setup Traffic Control
            3. Cover Coat Application
            4. Cure Time
            5. Emulsified Asphalt (Fog Coat) Application
            6. Removal of Traffic Control

Subsection 108.08 shall include the following:

The Contractor will be restricted to conducting all work from 7:00 a.m. to 7:00 p.m. Monday through Saturday.
The Contractor shall not work Sundays unless approved in writing by the Engineer.

 2020 RIO BLANCO COUNTY CHIP SEAL PROJECT                                                                     10
GENERAL NOTES
  1. For preliminary plan quantities of pavement material, the following rates of application were used for
     the 3/8” Cover Coat Material:
         a. Chip Seal – 3/8” Cover Coat Material (Type I)   @ 19 lbs. per SY (Average)
         b. Cover Coat – Emulsified Asphalt (CRS-2P or R) @ 0.36 Gal. per SY (Undiluted)
         c. Fog Coat – Emulsified Asphalt (CRS-2P or R)     @ 0.10 Gal. per SY (Diluted)

  2. The Contractor shall submit to the County Engineer results from compatibility testing in accordance with
     CPL 2113 for each type of chip and asphalt emulsion used on the project a minimum of 2 weeks prior to
     the work commencing. The County Engineer may recommend a change in the cover coat and fog coat
     emulsions based on this testing.

  3. Prior to construction, a 100-foot section shall be constructed to verify the rates of application of the
     cover coat material and binder. Adjustments to the application rates will be made using 100-foot test
     sections until approved by the Engineer.

  4. For the Contractor-supplied material, sampling of chips for gradation testing will be performed at the
     stockpile of the last location, prior to placement of material on the roadway. The contractor will be
     required to open the face of stockpiles with a loader for proper and representative sampling.

  5. The contactor shall allow the cover coat to cure for a minimum of 5 days before the final fog seal may
     be applied.

  6. The contractor shall arrange work so that longitudinal joints in the chip seal occur only at centerline
     and/or lane lines in the existing roadway.

  7. Contractor will be responsible for traffic control during stockpiling and production operations.
     Stockpiled area(s) must be cleaned up and restored to original condition and approved by R & B before
     final payment will be authorized.

  8. The contractor shall place double tabbed raised pavement markers (reflective) in accordance with
     Section 627.11 of the Standard Specifications.

  9. The first tab, on the doubled tabbed raised pavement markers (reflective), shall be removed
     immediately after cover coat application. The second tab shall be removed immediately after fog coat
     application. Raised pavement marker will not be paid for separately but shall be included in the work.

  10. The contractor shall maintain access to affected property owners at all times during construction.

  11. The contractor shall ensure that all work is performed within the existing right-of-way of the project.

  12. The contractor will take precautions to maintain the existing delineators, mile posts, and/or signs in their
      current condition. If the contractor causes damages to any existing delineators, mile posts, and/or signs
      the contractor will be required to replace the damaged delineators, mile posts, and or signs at
      contractors own expense.

2020 RIO BLANCO COUNTY CHIP SEAL PROJECT                                                                      11
13. All contractor vehicles and equipment shall be parked only in designated areas or within areas that have
        already been disturbed or lack vegetation, as to keep the total ground disturbance to less than an acre.

    14. Utility General Notes:
             a. Existing utility lines are not shown in this Request for Bid document.

The Contractor shall comply with Article 1.5 of Title 9, C.R.S. (“Excavation Requirements”) when excavating 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 actual day of notice, prior to commencing such operations. The
contractor shall contact the Utility Notification Center of Colorado (UNCC) at 811 or 1-800-922-1987, to have
locations of UNCC registered lines marked by member companies. All other underground facilities shall be
located by contacting the respective owner. Utility service laterals shall also be located prior to beginning
excavation or grading.

WARRANTY
The Vendor must warrant the project for workmanship and materials placed on this project for six (6) months
and is responsible for all costs of replacement. The Vendor shall submit this warranty in writing prior to final
settlement.

 2020 RIO BLANCO COUNTY CHIP SEAL PROJECT                                                                          12
TABULATION OF QUANTITIES

                                    2020 Piceance Creek Area Chip Seal
                                                              Cover Coat
                                Length    Width                  Chips     Cover Coat    Cover Coat
    County Road Mile Post       (Miles)   (Feet)    Area (SY)   (Tons)       (Gal)         (Tons)      Fog (Gal)
          3          0-4.68      4.68      24.5       67,267        639       24,216           103        6,727
         3A          0-0.68      0.68       24         9,574         91        3,447            15          957
          5          0-8.5       8.5       24.5      122,173      1,161       43,982           187       12,217
         24          0-13.01    13.01      24.5      186,997      1,776       67,319           286       18,700
         26          0-3.15      3.15       24        44,352        421       15,967            68        4,435
         31          0-3.25      3.25       23        43,853        417       15,787            67        4,385
         76          0-0.64      0.64       24         9,011         86        3,244            14          901
     CR 24/CR 86
      Approach                                           482           5         174             1            48
   CR 24/CR 83 CR
    68 Approach                                          396           4         143             1            40
   CR 24/CR 24X to
     Cattleguard                                       1,132         11          408             2          113
   CR 24/CR 83/CR
   68 Intersection                                       929           9         334             1            93
     CR 5/CR 24
    Intersection                                         849           8         306             1            85
      CR 5/CR 3
    Intersection                                       1,128         11          406             2          113
   TOTAL                          33.91              488,145      4,637      175,732           747       48,814

   The following rates of application were used for this estimate.
   Chip Seal - Cover Coat Material (3/8")                                          19 lbs/sy          (Average)
   Cover Coat - Emulsified Asphate (CRS-2R or P)                                 0.36 Gal/sy          (Undiluted)
   Fog Coat - Emulsified Asphalt (CRS - 2R or P)                                  0.1 Gal/sy          (Diluted)

                              CRS - 2R Weight:                        8.5 lbs./Gal
                              CRS - 2P Weight:                        8.5 lbs./Gal
   Note:             Quantities listed above are for information and bid purpose only.

2020 RIO BLANCO COUNTY CHIP SEAL PROJECT                                                                            13
2020 APPROVED STOCKPILE LOCATIONS

   1. CR 5 - MILE POST 1.9, NORTH SIDE

   2. CR 26 - MILE POST 0.8, SOUTH SIDE

   3. CR 31 - MILE POST 0.1, EAST SIDE

   4. CR 3A - MILE POST 0.1, SOUTH SIDE

Stockpile locations are shown on the attached map.

 2020 RIO BLANCO COUNTY CHIP SEAL PROJECT                          14
PROJECT AND STOCKPILE LOCATION MAP

2020 RIO BLANCO COUNTY CHIP SEAL PROJECT                          15
CP-L 2213

2020 RIO BLANCO COUNTY CHIP SEAL PROJECT      16
2020 RIO BLANCO COUNTY CHIP SEAL PROJECT   17
2020 RIO BLANCO COUNTY CHIP SEAL PROJECT   18
BID FORM - EXHIBIT B

PROJECT IDENTIFICATION:          2020 Rio Blanco County Chip Seal Project
THIS BID SUBMITTED TO:                  Rio Blanco County
                                        Board of County Commissioners
                                        P.O. Box 599
                                        555 Main St., 3rd Floor
                                        Meeker, Colorado 81641

1. The undersigned VENDOR proposes and agrees, if this Bid is accepted, to enter into an Agreement with
County on the form included in the Contract Documents. The VENDOR agrees to complete all Work as
required in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid
and in accordance with the Contract Documents.

2. VENDOR accepts all of the terms and conditions of the Invitation for Bid Documents, including without
limitation those dealing with the disposition of Bid Security. This Bid will remain open for thirty days after the
day of Bid opening. VENDOR will sign the Agreement and submit the Contract Security and other documents
required by the Contract Documents within fifteen days after the date of County's Notice of Award.

3. In submitting this Bid, VENDOR represents, as more fully set forth in the Agreement, that:
a)        VENDOR has examined copies of all Contract Documents and of the following addenda:

                                 DATE:                    NUMBER:

  (Receipt of all of which is hereby acknowledged) and also copies of the Advertisement for Bid and the
Description of Services.

b)          VENDOR has examined the site and locality where the Work is to be performed, the legal
requirements (federal, state, and local laws, ordinances, rules, and regulations) and the conditions affecting
cost, progress or performance of the Work and has made such independent investigations as VENDOR deems
necessary.

c)          This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or
corporation and is not submitted in conformity with an agreement or rules of any group, association,
organization or corporation; VENDOR has not directly or indirectly induced or solicited any other Vendor to
submit a false or sham Bid; VENDOR has not solicited or induced any person, firm or corporation to refrain
from bidding; and VENDOR has not sought by collusion to obtain for himself any advantage over any other
Vendor or over County.

 2020 RIO BLANCO COUNTY CHIP SEAL PROJECT                                                                       19
2020 CHIP SEAL PROJECT
Bid Form – Exhibit B, Page 2

4.       BIDDER will complete the work for the following unit prices:

 Pay Item                               Description                    Quantity Unit       Unit Price         Amount

     1-409   Type I (3/8") Chi ps , Furni s hed, Ha ul ed & Pl a ced   488,145   SY    $                $
     2-411   CRS-2R or P, Cover Coa t As pha l t for Type I Chi ps     175,732 GAL $                    $
     3-411   Fog Sea l Type I Cover Coa t                              48,814    GAL $                  $
     4-630   Sa ni ta ry Fa ci l i ty                                     1      LS    $                $
     5-626   Mobi l i za ti on                                            1      LS    $                $
     6-630   Tra ffi c Control Ma na gement                               1      LS    $                $
                                                      Total Bid                                         $

The quantities shown are approximate only and for the purpose of bid comparison. Payment shall be based upon final
measured quantities in place at the unit prices stated above. The daily quantities must be approved by the District
Supervisor on a daily basis for the entire duration of the contract. The total quantity may vary from the above estimated
quantities.

5. The above stated prices will be guaranteed for all applications performed in 2020.

6. The following documents are attached to and incorporated into this Bid:
a)           Completed Bid Form (Exhibit B), including acknowledgment of addenda, if applicable, and
subcontractors, if applicable.
b)           Bid Bond, Certified Check or Cashier’s Check in the amount of not less than 5% of the Total Bid.
c)           Letter from insurance agent certifying that Vendor can be issued all insurance required by the
Agreement for Services.
d)           Notarized letter assuring compliance with C.R.S. 8-17-101, which requires 80% of the labor used on
the project to be Colorado labor, or a letter requesting a waiver of this requirement explaining the reason
compliance is not feasible.
e)           Bar Chart Progress Schedule showing salient features of project.

7. Vendor accepts the provisions of the Agreement as to liquidated damages of $1,600.00 per calendar day in
the event of failure to complete the Work on time.

8. Communications concerning this Bid shall be addressed to:

              Rio Blanco County Road & Bridge Department
              Van Pilaud, County Engineer
              570 2nd Street
              Meeker, Colorado 81641
              Telephone - (970) 878-9590 Fax (970) 878-3396

 2020 RIO BLANCO COUNTY CHIP SEAL PROJECT                                                                            20
9.   Sub-Contractors or suppliers must be submitted. (Name of Company, Phone and Contact)

Company:                                             Date:

Signature:                                           Title:
                    Authorized Agent

Name (Printed):                                               Phone Number:

Address                                                       Fax Number:

                                                              E-Mail:

 2020 RIO BLANCO COUNTY CHIP SEAL PROJECT                                                   21
RIO BLANCO COUNTY

                                       AGREEMENT FOR SERVICES

       This Agreement is made this ______day of ________, 2020, between the Board of County
Commissioners of Rio Blanco County, Colorado (herein referred to as “County”), having its principal place of
business at 555 Main St., 3rd Floor, Meeker, Colorado, 81641, and ________________ (referred to as
“Vendor”), having its principal place of business at ___________________________.

        1. Description of Services:

        County hereby retains Vendor, and Vendor hereby agrees to perform the following services:

            2020 Rio Blanco County Chip Seal Project, Description of Services on Exhibit A attached hereto

        2. Compensation:

        The total amount to be paid to Vendor pursuant to the Agreement shall not exceed
        _______________________ Dollars ($______________).Vendor shall be paid in accordance with the
        fee schedule set forth on the attached Exhibit “B”, incorporated herein by this reference. To receive
        payment, Vendor must submit itemized invoices for work completed to the Agreement Administrator
        before the 20th day of the month. Upon receipt of an invoice/payment request, the Agreement
        Administrator will review the request, and shall authorize or deny payment. Payment shall be made
        after authorization of payment by the Agreement Administrator in accordance with County policies
        and procedures. If applicable, County shall withhold 3% of each invoice/payment request until final
        settlement as provided in CRS 24-91-103.

        Upon publication of Notice of Final Settlement, it shall be the responsibility of the contractor to
        prepare a written request for retainage withheld. At the time of completion, a lien waiver delivered to
        the County, from all suppliers, subcontractors, and the general contractor is required in order for the
        request to be considered.

        3. Term:

        The term of this Agreement shall be from _ June 1, 2020_ through _ June 26, 2020__. Vendor shall
        proceed with the work hereunder upon receipt of a written notice to proceed from the County. Such
        written notice shall be issued by the Agreement Administrator and will be for the duration of the
        length of this Agreement. The Agreement Administrator for the County is Van Pilaud, County Engineer,
        570 Second St., Meeker, Colorado 81641, telephone number 970/878-9590, unless otherwise
        designated in writing.

 2020 RIO BLANCO COUNTY CHIP SEAL PROJECT                                                                      22
4. Insurance:

       4.1 Vendor agrees to procure and maintain, at its own cost, a policy or policies of insurance/bonds
           sufficient to insure against all obligations assumed by Vendor 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 Agreement Administrator.

       4.2 Vendor shall require all 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 Vendor,
           Vendor shall furnish subcontractors’ certificates of insurance to the Agreement Administrator
           immediately upon request.

       4.3 All insurance policies required hereunder shall include a notification provision requiring
           notification to the Agreement Administrator in writing, 30 days prior to any material changes in
           the insurance policy(s) such as: cancellation, non-renewal, or reduction in coverage or alteration of
           coverage.

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

       4.5 All required insurance coverage must be acquired from insurers authorized to conduct business in
           the State of Colorado and acceptable to 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 County grants specific approval for an exception.

       4.6 Vendor shall procure and continuously maintain the minimum insurance coverage listed below,
           and such additional coverage as may apply, with forms and insurers acceptable to County. In the
           case of any claims-made policy, the necessary retroactive dates and extended reporting periods
           shall be procured to maintain such continuous coverage. All policies below shall be endorsed to
           specify “The Rio Blanco County Board of Commissioners and Rio Blanco County, its officers,
           officials, employees and volunteers as INSUREDS, as respects liability, on behalf of the Vendor,
           arising out of this Agreement.” All certificates of insurance are to be submitted on standard
           “ACCORD 25” form.

               4.6.1   Workers’ Compensation and Employer’s Liability Including Occupations Disease
                       Coverage in accordance with scope and limits as required by the State of Colorado (or
                       the state in which the Vendor is a resident).

               4.6.2   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. Vendor must either agree to provide certificates of
                       insurance evidencing the above coverage for a period of two years after the final
                       payment for this Agreement OR purchase an extended (minimum two years) reporting

2020 RIO BLANCO COUNTY CHIP SEAL PROJECT                                                                    23
period endorsement for the policy or policies in force during the term of this
                           Agreement and evidence the purchase of this extended reporting period endorsement
                           by means of a certificate of insurance or a copy of the endorsement itself.

                   4.6.3   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.

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

Vendor Initial X

__________                 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.

___________                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.

_______ ___                BUILDER’S RISK INSURANCE must be in an amount equal to the maximum amount to
                           be paid to Vendor as set forth in Paragraph 2 above, 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 the 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.

___X___ ___                BID BONDS AND 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
                           Agreement.

_______ ___                Other insurance as required. If other insurance is required it will be included and
                           referred to as “EXHIBIT C”.

        5. Vendor’s Representations and Warranties:

        5.1 Vendor represents and warrants to County that it has the experience and ability to perform the
        services required by this Agreement in accordance with sound and acceptable industry or professional

 2020 RIO BLANCO COUNTY CHIP SEAL PROJECT                                                                        24
practices and standards and in accordance with all codes, standards, regulations, and laws applicable
       to the work. Vendor represents and warrants that it has the power to enter into and perform this
       Agreement, and that its performance of this Agreement shall not infringe upon or violate the rights of
       any third party or violate any Federal, State, or municipal laws. Prior to beginning work, Vendor shall
       secure, at Vendor’s expense, all necessary permits required by any governmental agency with
       jurisdiction.

       5.2 Vendor warrants and guarantees to County that all materials and equipment will be new unless
       otherwise specified, and that all work will be of good quality and free from faults or defects and in
       accordance with the requirements of this Agreement and any inspections, tests or approvals pursuant
       to this Agreement. All unsatisfactory work, all faulty or defective work and all work not conforming to
       the requirements of this Agreement or of such inspections, tests or approvals shall be considered
       defective. Prompt notice of all defects shall be given to Vendor. All defective work, whether or not in
       place, may be rejected, corrected or accepted.

       5.3 If required by the Agreement Administrator prior to approval of final payment, Vendor will
       promptly, without cost to County and as specified by the Agreement Administrator, either correct any
       defective work, whether or not fabricated, installed or completed, or, if the work has been rejected by
       the Agreement Administrator, remove it from the site and replace it with non-defective work. If
       Vendor does not correct such defective work or remove and replace such rejected work within a
       reasonable time, all as specified in a written notice from the Agreement Administrator, County may
       have the deficiency corrected or the rejected work removed and replaced. All direct or indirect costs of
       such correction or removal and replacement, including compensation for additional professional
       services, shall be paid by Vendor, and an appropriate deductive change order shall be issued. Vendor
       will also bear the expenses of making good all work of others destroyed or damaged by the correction,
       removal or replacement of the defective work.

       5.4 If, after the approval of final payment and prior to the expiration of SIX (6) MONTHS after approval
       of final payment, or such longer period of time as may be prescribed by law or by the terms of any
       applicable special guarantee required by this Agreement, any work is found to be defective, Vendor
       will, promptly without cost to County and in accordance with County’s written instructions, either
       correct such defective work, or, if it has been rejected by County, remove it from the site and replace it
       with non-defective work. If Vendor does not promptly comply with the terms of such instructions,
       County 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, will be paid by Vendor.

       5.5 If, instead of requiring correction or removal and replacement of defective work, the Agreement
       Administrator prefers to accept it, he may do so. In such case, if acceptance occurs prior to approval of
       final payment, a change order shall be issued incorporating the necessary revisions in the Agreement,
       including appropriate reduction in the Agreement price; or, if the acceptance occurs after approval of
       final payment, an appropriate amount shall be paid by Vendor to County.

2020 RIO BLANCO COUNTY CHIP SEAL PROJECT                                                                     25
6. Independent Contractor:

       Vendor shall perform its duties hereunder as an independent contractor and not as an employee of
       County. Neither Vendor nor any agent or employee of Vendor shall be deemed to be an agent or
       employee of County. Vendor and its employees and agents are not entitled to unemployment
       insurance or workers compensation benefits through the County and the County shall not pay for or
       otherwise provide such coverage for Vendor or any of its agents or employees. Unemployment
       insurance benefits shall be available to Vendor and its employees and agents only if such coverage is
       made available by Vendor or a third party. Vendor shall pay when due all applicable employment
       taxes and income taxes and local head taxes incurred pursuant to this Agreement. Vendor shall not
       have authorization, express or implied, to bind the County to any contract, liability or understanding,
       except as expressly set forth herein. Vendor shall (a) provided and keep in force workers’
       compensation and unemployment compensation insurance in the amounts required by law, (b)
       provide proof thereof when requested by the County, and (c) be solely responsible for its acts and
       those of its employees and agents.

       7. Protection of Persons and Property:

       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 standard of safety practice. Vendor 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. Vendor 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.

       8. Personal Services Agreement:

       This is a personal services agreement on the part of Vendor. This Agreement may not be assigned or
       subcontracted without the prior express written consent of County and any attempt to assign this
       Agreement without the prior express written consent of County shall render this Agreement null and
       void with respect to the attempted assignee.

       9. Inspection:

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

       9.2 If any work is covered contrary to the request of the Agreement Administrator, it must, if required
       by the Agreement Administrator, be uncovered for his observation and replaced at Vendor’s expense.

2020 RIO BLANCO COUNTY CHIP SEAL PROJECT                                                                     26
9.3 If any work has been covered which the Agreement Administrator has not specifically requested to
       observe prior to its being covered, or if the Agreement Administrator considers it necessary or
       advisable that covered work be inspected or tested by others, Vendor, at the Agreement
       Administrator’s request, will uncover, expose or otherwise make available for observation, inspection
       or testing as the Agreement Administrator may require, that portion of the work in question,
       furnishing all necessary labor, material and equipment. If it is found that such work is defective,
       Vendor will bear all the expenses of such uncovering, exposure, observation, inspection and testing
       and of satisfactory reconstruction, including compensation for additional professional services, and an
       appropriate deductive change order shall be issued. If, however, such work is not found to be
       defective, Vendor will be allowed an increase in the Agreement price or an extension of the
       Agreement time, or both, directly attributable to such uncovering, exposure, observation, inspection,
       testing and reconstruction if he makes a claim therefore.

       10. Audit:

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

       11. Non-Exclusive Agreement:

       This is not an exclusive agreement. County may, at its sole discretion, contract with other entities for
       work similar to that to be performed by Vendor hereunder. Vendor may agree to perform similar work
       for others, and is not expected to work exclusively for County.

       12. Indemnification of County:

       Vendor shall indemnify and hold harmless County, its agents, officials and employees, against all losses
       or damages, including penalties, charges, professional fees, attorney’s 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 Vendor or a
       subcontractor, if any, or their respective employees and agents. Vendor further agrees that its
       obligations to County under this paragraph include claims against County by Vendor’s employees
       whether or not such claim is covered by workers compensation. Vendor expressly understands and
       agrees that any insurance or bond protection required by this Agreement, or otherwise provided by
       Vendor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend
       County as herein provided, and such obligation exists even if the claim is fraudulent or groundless.

       13. Confidentiality:

       Vendor recognizes and acknowledges that this Agreement creates a confidential relationship between
       County and Vendor and that information concerning County’s business affairs, customers, vendors,
       finances, properties, methods of operation, computer programs, and documentation, and other such

2020 RIO BLANCO COUNTY CHIP SEAL PROJECT                                                                       27
information, whether written, oral, or otherwise, is confidential in nature. All such information
       concerning County is herein referred to as “confidential information”.

       14. Non-Disclosure:

       Vendor agrees that, except as directed by County, Vendor will not at any time during or after the term
       of this Agreement disclose any “confidential information” to any person whatsoever and upon the
       termination of this Agreement Vendor will turn over to County all documents, papers, and other
       matter in Vendor’s possession or control that relates to County. Vendor further agrees to bind
       Vendor’s employees and subcontractors to the terms of this non-disclosure requirement.

       15. County’s Right to Suspend Vendor’s Performance:

       For good and sufficient cause such as (a) faulty workmanship, (b) improper superintendence, (c)
       Vendor’s failure to carry out any reasonable order or perform any provision of this Agreement or
       collateral documents, (d) substantial failure in quantity or quality of material or any other
       circumstance unfavorable for prosecution of the work, County shall have the right to suspend Vendor’s
       performance of the work. Notice of such suspension shall be in writing and Vendor will be allowed
       fifteen (15) working days to correct and complete the unacceptable work. Vendor shall resume
       performance of the work promptly when so notified in writing by County.

       16. Termination Provisions:

       This Agreement may be terminated as follows:

               16.1 Termination for Cause.

               If, through any cause, Vendor shall fail to fulfill, in a timely and proper manner, its obligations
               under this Agreement, or if Vendor shall violate any of the covenants, agreements, or
               stipulations of this Agreement, County shall thereupon have the right to terminate this
               Agreement for cause by giving written notice to Vendor of its intent to terminate and at least
               ten (10) days opportunity to cure the default or show cause why such termination is otherwise
               not appropriate. In the event of termination, all finished or unfinished documents, data,
               studies, surveys, drawings, maps, models, photographs, and reports or other material
               prepared by Vendor under this Agreement shall, at the option of County, become its property,
               and Vendor shall be entitled to receive just and equitable compensation for any services and
               supplies delivered and accepted. Vendor shall be obligated to return any payments advanced
               under the provisions of this Agreement.

               Notwithstanding above, Vendor shall not be relieved of liability to County for any damages
               sustained by County by virtue of any breach of this Agreement by Vendor, and County may
               withhold any payment to Vendor for the purposes of setoff until such time as the exact
               amount of damages due to County from Vendor is determined. If after such termination it is
               determined, for any reason, that Vendor was not in default, or that Vendor’s action/inaction
               was excusable, such termination shall be treated as a termination for convenience, and the
               rights and obligations of the parties shall be the same as if this Agreement had been
               terminated for convenience, as described herein.

2020 RIO BLANCO COUNTY CHIP SEAL PROJECT                                                                       28
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