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HomeMy WebLinkAboutC10-058 EnviroTech Services, Inc. AgreementAGREEMENT FOR MAGNESIUM CHLORIDE PROJECT THIS AGREEMENT is dated as of the day of /'�'2010,by and between Eagle County, Colorado, a body corporate and politic, acting by and through its Board of County Commissioners (hereinafter called "Owner "), and (hereinafter called "Contractor "). Owner and Contractor, in consideration of the mutual covenants set forth, agree as follows: ARTICLE 1 -WORK Contractor shall complete all work as specified or indicated in the Contract Documents ( "Work "). The Work is generally described as: 2010 MAGNESIUM CHLORIDE PROJECT AS SPECIFIED IN EXHIBIT "A" which is attached hereto and incorporated by this reference. ARTICLE 2 - OWNER'S REPRESENTATIVE The Project is under the authority of the Eagle County Road & Bridge Department, the Director of which, or his designee, shall be Owner's liaison with Contractor with respect to the performance of the Work. ARTICLE 3 - CONTRACT TIME 3.1 The Work will be completed and ready for final payment in accordance with the Contract Documents on or before November 30th, 2010 3.2 LIQUIDATED DAMAGES: Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving a legal or arbitration preceding the actual loss suffered by Owner if the Work is not substantially complete on time. Accordingly, instead of requiring such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Three Hundred dollars ($300.00) for each day that expires after the time specified in paragraph 3.1 for completion until the Work is complete. Agreement Page 1 nr lo-05 g ARTICLE 4 - CONTRACT PRICE 4.1 The funds appropriated for this project are equal to or in excess of the contract amount. 4.2 Owner shall pay Contractor for performance of the Work in accordance with the Contract Documents in current funds as follows: PROGRESSIVE PAYMENTS UPON COMPLETION OF EACH AREA AS SPECIFIED IN EXHIBIT "A ". 4.3 Pursuant to the provisions §24 -91- 103.6, C.R.S., and notwithstanding anything to the contrary contained elsewhere in the Contract Documents, no change order or other form of order or directive by Owner, and no amendment to this Agreement, requiring additional compensable work to be performed which work causes the aggregate amount payable under the Agreement to exceed the amount appropriated for the original Agreement, shall be of any force or effect unless accompanied by a written assurance by Owner that lawful appropriations to cover the costs of the additional work have been made or unless such work is covered under a remedy - granting provision in the Agreement. 4.4 The Board of County Commissioners for Eagle County is a governmental entity. All obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. ARTICLE 5 - PAYMENT PROCEDURES Contractor shall submit Applications for Payment in accordance with the General Conditions. Applications for Payment will be processed as provided in the General Conditions. 51 PROGRESS PAYMENTS: Owner shall make monthly progress payments on account of the Contract Price on the basis of Contractor's Applications for Payments, as provided below. All progress payments will be on the basis of the progress of the Work. 5.1.1 Prior to Completion, progress payments will be in an amount equal to: 90% of the Work completed until fifty percent (50 %) of the Work is performed, after which no additional retaining shall be withheld, and 90% of materials and equipment not incorporated in the Work but delivered and suitably stored less in each case the aggregate of payment previously made. Agreement Page 2 5.1.2 Progress payments and retained funds shall occur in compliance with Paragraph 19 of the General Conditions attached hereto and C.R.S. §24 -91- 103. The Owner shall authorize partial payments of properly requested amounts of at least ninety percent of the calculated value of the work completed until fifty percent of the work required under the Agreement has been performed. Thereafter, the Owner shall authorize partial payments of any other properly requested amounts without retaining additional funds if, in the opinion of the Owner, satisfactory progress is being made in the work. The withheld amounts of the contract price will be retained by the Owner until the contract is completed satisfactorily and accepted by the Owner. 5.2 FINAL PAYMENT: Upon final completion and acceptance in accordance with the General Conditions, Owner shall pay the remainder of the Contract Price. The final payment shall not be made until after final settlement of this contract has been duly advertised at least ten days prior to such final payment by publication of notice thereof at least twice in a public newspaper of general circulation published in Eagle County, and the Board of County Commissioners has held a public hearing, thereupon and complied with the C.R.S. §38 -26 -107. Final payment shall be made in accordance with the requirements of the aforesaid statute. ARTICLE 6 - Contractor's REPRESENTATIONS In order to induce Owner to enter into this Agreement Contractor makes the following representations: 6.1 Contractor has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of the Work. 6.2 Contractor has made, or caused to be made, examinations, investigations, and tests and studies of such reports and related data as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time, and in accordance with other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports, or similar data are, or will be required by Contractor for such purposes. 6.3 Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 6.4 Contractor has given Owner written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by Owner is acceptable to Contractor. Agreement Page 3 6.5 In performing the work under this Agreement, the Contractor acts as an independent contractor and is solely responsible for necessary and adequate worker's compensation insurance, personal injury and property damage insurance, as well as errors and omissions insurance. The Contractor, as an independent contractor, is obligated to pay federal and state income tax on moneys earned. The personnel employed by the Contractor are not and shall not become employees, agents or servants of the Owner because of the performance of any work by this Agreement. ARTICLE 7 - CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement are made a part hereof, and consist of the following: 7.1 This Agreement. 7.2 Contractor's Bid. 7.3 Performance and other Bonds. 7.4 Notice of Award and, if any, Notice to Proceed. 7.5 General Conditions (Pages 1 to 10, inclusive). 7.6 Specifications and Drawings (if any) 7.7 Any modification, including Change Orders, duly delivered after execution of Agreement. 7.8 The parties acknowledge and agree that the terms and conditions of this Agreement (7.1) and the General Conditions (7.5) attached hereto, shall supersede and control over any inconsistent or contrary provision in any other attachment or agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended, or repealed by an executed, written amendment to this Agreement. ARTICLE 8 - BONDS Not later than five business days following the execution of this Agreement, Contractor shall deliver to the Owner the bonds required by the Contract Documents, and, notwithstanding anything to the contrary contained in the Contract Documents, Owner shall have no liability or obligation hereunder unless and until the bonds have been so delivered. Agreement Page 4 ARTICLE 9 - MISCELLANEOUS 9.1 No assignment by a party hereto of any rights under, or interests in the Contract Documents will be binding on another parry hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.2 Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.3 ATTORNEY'S FEES: In the event of litigation between the parties hereto regarding the interpretation of this Agreement, or the obligations, duties or rights of the parties hereunder, or if suit otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and in such events, the prevailing parry shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. 9.4 APPLICABLE LAW: This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue of any suit, right, or cause of action arising under, or in connection with this Agreement shall be exclusive in Eagle County, Colorado. 9.5 INTEGRATION: This Agreement supersedes all previous communications, negotiations and /or contracts between the respective parties hereto, either verbal or written, and the same not expressly contained herein are hereby withdrawn and annulled. This is an integrated agreement and there are no representations about any of the subject matter hereof except as expressly set forth in the Contract Documents. Agreement Page 5 9.6 NOTICE: Any notice and all written communications required under this Agreement shall be (i) personally delivered, (ii) mailed in the United States mails, first class postage prepaid, or (iii) transmitted by facsimile machine together with a hard copy conveyed by delivery or mail, to the appropriate party at the following addresses: County: Board of County Commissioners, Eagle County, Colorado P. O. Box 850 Eagle, CO 81631 Telephone: (970) 328 -8605 Fax: (970) 328 -7207 Contractor: EnviroTech Services 91054 th Ave. Greeley CO. 80634 -4403 Telephone: (970) 346 -3900 Fax: (970) 346 -3959 With a copy to: Eagle County Road & Bridge P. O. Box 250 Eagle, CO 81631 Telephone: (970) 328 -3540 Fax: (970) 328 -3546 Mailed notices will be deemed given three business days after the date of deposit in a regular depository of the United States Postal Service, and Fax notices will be deemed given upon transmission, if during business hours, or the next business day. Either party can change its address for notice by notice to the other in accordance with this paragraph. 9.7 PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES. 9.7.1 The Contractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services; or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. 9.7.2 The Contractor shall confirm or attempt to confirm through participation in the Basis Pilot Verification program, as administered by the United States Department of Homeland Security, that the Contractor does not employ any illegal aliens. If the Contractor is not accepted into the Basic Pilot Verification Program prior to entering into a public contract for services, the Contractor shall apply to participate in the Program every three months until the Contractor is accepted or the public contract for services has been completed, whichever is earlier. Information on applying for the Basic Pilot Verification Program can be found at: https:// www. vis- dhs.com \emi)loverregistration Agreement Page 6 9.7.3 The Contractor shall not use the Basic Pilot Verification Program procedures to undertake pre - employment screening of job applicants while the public contract for services is being performed. 9.7.4 If the Contractor obtains actual knowledge that a Subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: a. Notify the Subcontractor and the County within three days that the Contractor has actual knowledge that the Subcontractor is employing or contracting with an illegal alien; and b. Terminate the Subcontract with the Subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the Subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the Subcontractor if during such three days the Subcontractor provides information to establish that the Subcontractor has not knowingly employed or contracted with an illegal alien. 9.7.5 The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority. 9.7.6 If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated, the Contractor shall be liable for actual and consequential damages to the County. 10.00 This Agreement shall be governed by and construed in accordance with the internal laws of the State of Colorado. The Parties agree that venue in any action to enforce or interpret this agreement shall be in the District Court in the 5th District for the State of Colorado. Agreement Page 7 IN WITNESS WHEREOF, the parties have executed this Agreement this day of EAGLE COUNTY, COLORADO By and through its Board of County Commissioners ATTEST V B 0111A Sara J. isherr County Commissioners ."- Chairman "Contractor" By: )IC STATE OF COLORADO ss: County of Eagle The foregoing instrument was acknowledged before me by this Z.5— , day of hAaA::� 2010. 1 My commission expires: Za 14;21-"Il Notary Publ t7 60 ALEQ ........ '...44, OTARY % P UB -\G 0 4� ;o�% P Agreement Page 8 BID OPENING RECORD SHEET Project Name: 2010 Mag Project Date: Wednesday, February 10, 2010 Magnesium Chloride Project Budget: Ii SERVICES, INC. Mailing Address: 910 54`h Avenue, Suite #230, Greeley, Colorado 80634 Phone 970 - 346 -3900 Fax 970 - 346 -3959 E -mail info(cienvirotechservices.com Eagle County Road and Bridge Attn: Brad Higgins 3289 Cooley Mesa Road Gypsum, CO 81637 RE: Bulk Magnesium Chloride Solution for Dust Control EnviroTech Services, Inc. would like to submit the following product for consideration as an alternate for the specified product listed in your bid document. RoadSaver DuraBlend: DuraBlend is a magnesium chloride blended with a performance enhancing polymer to keep surfaces stable and dust free, while only using half the magnesium chloride of standard dust control products. DuraBlend's enhanced polymer blend enables it to bond to the aggregate, lowering migration of the magnesium chloride from the road, while improving friction in moisture situations and providing a safer driving surface. DuraBlend can improve your road maintenance program with no increase in cost. DuraBlend allows you to be environmentally conscious, without having to pay more. DuraBlend bonds with the soil to reduce leeching after rainfall, lowering the impact on the surrounding environment and vegetation. In additio:. to the lower application rates, lower delivery volumes reduce your carbon footprint. DuraBlend will also make your maintenance crews more efficient with the increased production of each truck covering twice the area as typical magnesium chloride applications, reducing the county's freight cost from the rail cars to the job site. Pricing for DuraBlend: Delivered and applied —.7793 per gallon. DuraBlend typically reduces the amount of material needed to treat roads by 50 %.. Your current bid specifies 684,031 gallons. With Durablend the total gallons needed would be approximately 342,016 gallons based on a .4 gal/s.y. standard application, with a total cost of $266,533.07. Using DuraBlend would increase the efficiency of your dust control operations, by reducing the cost of freight, while reducing the amount of chlorides introduced into the environment. Please call and we can discuss how these products can save you money and reduce the cost of your road maintenance budget. 303 - 324 -1076. Sincerely, Matthew J. Duran V.P of Sales and Marketing EnviroTech Services, Inc PEOPLE HELPING PEOPLE IMPROVE THEIR ENVIRONMENT ROAD & BRIDGE WEED & PEST MOTOR POOL LANDFILL January 14, 2010 To Whom It May Concern: ti A EAGLE COUNTY Eagle County Government is requesting bids for the supply of Magnesium Chloride, f.o.b. Glenwood Springs Rail Yards, Devereux Road, Glenwood Springs, Colorado. All bids are to be sent or delivered to: Mailing: Eagle County Road & Bridge Attn: Brad Higgins P O. Box 250 Eagle, CO 81631 Physical: 3289 .Cooley Mesa Road Gypsum, CO 81637 Note: BID ENVELOPE MUST BE MARKED "2010 Magnesium Chloride Project" (970) 328 -3540 FAX: (970) 328 -3546 www.eaglecounty.us The closing date for receiving bids is February 10, 2010 at 10:00 a.m. in the office of the Eagle County Road & Bridge Department. At such time bids will be opened and read aloud in the Road & Bridge office. Road & Bridge will review all bids prior to a formal presentation to the Board of County Commissioners. Eagle County reserves the right to reject any or all bids and to waive informalities with respect thereto. Should there be any questions, please contact me at (970) 328 -3540. Gird Gi<rdt Adams Ass . oad & Bridge Director P.O. Box 250, Eagle, Colorado 81631-0250 3289 Cooley Mesa Road, Gypsum, Colorado 81637 INSTRUCTIONS TO BIDDERS DEFINED TERMS 1.1 Terms used in these Instructions to Bidders which are defined in the Contract Documents (e.g., the contract form) have the meanings assigned to them therein. The term "Successful Bidder" means the lowest, qualified, responsible bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. 2. COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement of Invitation may be obtained from Road & Bridge Director. 2.2 Complete sets of the Bidding Documents shall be used in preparing bids; Owner does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 Owner in making copies of Bidding Documents available on the above terms does so only for the purpose of obtaining bids on work, and does not confer a license or grant for any other use. QUALIFICATIONS OF BIDDERS 3.1 To demonstrate qualifications to perform the work, each bidder must be prepared to submit, within five (5) days of Owner's request, written evidence, such as financial data, previous experience, and evidence of authority to conduct business in the jurisdiction where the project is located. Each bid must contain evidence of the bidder's qualification to do business in Colorado, or a covenant to obtain such qualification prior to award of the contract. -1- 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1 Before submitting a bid, each bidder must (a) examine the Contract Documents thoroughly; (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress, or performance of the work; (c) familiarize himself with federal, state, and local laws, ordinances, rules, and regulations that may in any manner affect cost, progress, or performance of the work; and (d) study and carefully correlate Bidder's observations with the Contract Documents. 4.2 Before submitting his bid, each bidder will, at his own expense, make such investigations and tests as the bidder may deem necessary to determine his bid for performance of the work in accordance with the time, price, and other terms and conditions of the Contract Documents. 4.3 On request, Owner will provide each bidder access to the site to conduct such investigations and tests as each bidder deems necessary for submission of his bid. 4.4 The lands upon which the work is to be performed rights -of -way for access thereto, and other lands designated for use by Contractor in performing the work are identified in the contract Documents. 4.5 The submission of a bid will constitute an incontrovertible representation by the bidder that he has complied with every requirement of this Article 4, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of this work. 5. INTERPRETATIONS 5.1 All questions about the meaning or intent of the Contract Documents shall be submitted to the Road & Bridge Director in writing. Replies will be issued by Addenda mailed or delivered to all parties recorded by the Road & Bridge Director as having received the Bidding Documents. Questions received less than ten (10) days prior to the date for opening of bids will not be answered. Only questions answered by Formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. -2- 6. BID SECURITY 6.1 Bid security shall be made payable to Owner in an amount of five percent (5 %) of the bidder's maximum bid price, and in the form of a certified or bank check, or a bid bond issued by a surety meeting the requirements of paragraph 12 of the General Conditions. 6.2 The bid security of the successful bidder will be retained until such bidder has executed the Agreement and furnished the required contract security, whereupon it will be returned; if the successful bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen (15) days of the Notice of Award, Owner may annul the Notice of Award and the bid security of the bidder will be forfeited. The bid security of any bidder whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the thirty -first (31 ") day after the bid opening. Bid security of other bidders will be returned within seven (7) days of the bid opening. 7. CONTRACT TIME 7.1 The date by which the work is to be completed (the Contract Time) is set forth in the bid form and will be included in the Agreement. LIQUIDATED DAMAGES 8.1 Provisions for liquidated damages, if any, are set forth in the Agreement. 9. SUBSTITUTE MATERIAL AND EQUIPMENT 9.1 The Contract, if awarded, will be on the basis of material and equipment described in the Drawings as specified in the Specifications without consideration of possible substitute or "or- equal" items. Whenever it is indicated in the Drawings, or specified in the Specifications, that a substitute or "or- equal" item of material or equipment may be furnished or used by Contractor if acceptable to Owner, application for such acceptance will not be considered by Owner until after the effective date of the Agreement. -3- 10. SUBCONTRACTORS, ETC. 10.1 If the Contract Documents require the identity of certain subcontractors and other persons and organizations to be submitted to Owner in advance of the Notice of Award, the apparent successful bidder, and any other bidder so requested, will, within seven (7) days after the day of the bid opening, submit to Owner a list of all subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for those portions of the work as to which such identification is so required. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of qualification for each such subcontractor, person and organization if requested by Owner. If Owner, after due investigation, has reasonable objection to any proposed subcontractor, other person, or organization, Owner may, before giving the Notice of Award, request the apparent successful bidder to submit an acceptable substitute without an increase in bid price. If the apparent successful bidder declines to make any such substitution, the contract shall not be awarded to such bidder, but his declining to make any such substitution will not constitute grounds for sacrificing his bid security. Any subcontractor, other person, or organization so listed, and to whom Owner or Road & Bridge Director does not make written objection prior to the giving of the Notice of Award, will be deemed acceptable to Owner. 10.2 In contracts where the contract price is on the basis of Cost -of -the Work Plus a Fee, the apparent successful bidder, prior to the Notice of Award, shall identify in writing to Owner those portions of the work that such bidder proposes to subcontract and, after the Notice of Award, may only subcontract other portions of the work with Owner's written consent. 10.3 No contractor shall be required to employ any subcontractor, other person, or organization against whom he has reasonable objection. 11. BID FORM 11.1 The Bid Form is attached hereto; additional copies may be obtained from the Road & Bridge Director. 11.2 Bid Forms must be completed in ink or by typewriter. me 11.3 Bids by corporations, must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign), and the corporate seal must be axed and attested by the secretary, or an assistance secretary. The corporate address and state of incorporation shall be shown below the signature. 11.4 Bids by partnerships must be executed in the partnership name, and signed by a partner whose title must appear under the signature, and the official address of the partnership must be shown below the signature. 11.5 All names must be typed or printed below the signature. 11.6 The bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form). 11.7 The address and telephone number to which communications regarding the bid are to be directed must be shown. 12. SUBMISSION OF BIDS 12.1 Bids shall be submitted not later than at the time and place indicated in the Invitation to Bid, and shall be included in an opaque, sealed envelope, marked with the project title, and name and address of the bidder, and accompanied by the bid security and other required documents. If the bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face thereof. 13. MODIFICATION AND WITHDRAWAL OF BIDS 13.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that bid must be executed), and delivered the place where bids are to be submitted, at any time prior to the opening of bids. 13.2 If, within twenty -four (24) hours after bids are opened, any bidder files a fully signed written notice with Owner, and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of his bid, that bidder may withdraw his bid, and the bid security will be returned. Thereafter, that bidder will be disqualified from further bidding on the work. 511 14. OPENING OF BIDS 14.1 When bids are opened publicly, they will be read aloud, and an abstract of the amounts of the base bids and major alternates (if any) will be made available after the opening bids. 15. BIDS TO REMAIN OPEN 15.1 All bids shall remain open for thirty (30) days after the day of the bid opening, but Owner may, in his sole discretion, release any bid and return the bid security prior to that date. 16. AWARD OF CONTRACT 16.1 Owner reserves the right to reject any and all bids, to waive any and all informalities, and to negotiate contract terms with the successful bidder, and the right to disregard all nonconforming, non - responsive, or conditional bids. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures, and the correct sum thereof, will be resolved in favor of the correct sum. 16.2 In evaluating bids, Owner shall consider the qualifications of the bidders, whether or not the bids comply with the prescribed requirements, and alternates and unit prices if requested in the bid forms. It is the owner's intent to accept alternates (if any are accepted) in the order in which they are listed in the bid form, but Owner may accept them in any order or combination. 16.3 Owner may consider the qualifications and experience of subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the work as to which the identity of subcontractors and other persons or organizations must be submitted as provided in the Supplementary Conditions. Operating costs, maintenance considerations, performance data, and quantities of materials and equipment may also be considered by Owner. 16.4 Owner may conduct such investigations as he deems necessary to assist in the evaluation of any bid, and to establish the responsibility, qualifications, and financial ability of the bidders, proposed subcontractors, and other persons and Organizations to do the work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 0 16.5 Owner reserves the right to reject the bid of any bidder who does not pass any such evaluation to Owner's satisfaction. 16.6 If the contract is to be awarded, it will be awarded to the lowest bidder whose evaluation by Owner indicates to owner that the award will be the best interests of the project and to the County; Owner may accept a bid other than the lowest responsive bid if it determines that doing so is in the best interests of the project and the County. 16.7 When a construction contract for a public project is to be awarded to a bidder, a Colorado resident bidder shall be allowed a preference against a nonresident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the nonresident bidder is a resident, unless this requirement is inconsistent with requirements of federal law or may cause the denial of federal moneys. See 8 -19 -101, 102, CRS for the complete provisions regarding the preference. 17. PERFORMANCE AND OTHER BONDS 17.1 Section 12 of the General Conditions sets forth Owner's requirements as to performance and other bonds. When the successful bidder delivers the executed Agreement to Owner, it shall be accompanied by the required contract security. 18. SIGNING OF AGREEMENT When Owner gives a Notice of Award to the successful bidder, it will be accompanied by at least four (4) unsigned counterparts of the Agreement and all other contract documents. Within fifteen (15) days thereafter, Contractor shall sign and deliver at least four (4) counterparts of the Agreement to Owner with all contract documents attached. Within ten (10) days thereafter, Owner will deliver a fully signed counterpart to Contractor. BID FORM PROJECT IDENTIFICATION: 2010 Supplying of Magnesium Chloride Project THIS BID IS SUBMITTED TO: Board of County Commissioners Eagle County 500 Broadway Eagle, Colorado 81631 Mailing: Eagle County Road & Bridge Department Attn: Brad Higgins, Director P. O. Box 250 Eagle, CO 81631 Physical: 3289 Cooley Mesa Road Gypsum, Colorado 81637 1. The undersigned BIDDER proposes and agrees, if this bid is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents to complete all work as specified or indicated 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. BIDDER accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of bid security. This bid will remain open for thirty (30) days after the day of bid opening. BIDDER will sign the Agreement and submit the contract security and other documents required by the Contract Documents within fifteen (15) days after the date of OWNER'S Notice of Award. 3. In submitting this bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Contract Documents and of the following addenda: Date Number (No addenda to Date) (Receipt of all of which is hereby acknowledged) and also copies of the Advertisement of Invitation to Bid and the Instructions to Bidders; (b) BIDDER 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 BIDDER 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 any agreement or rules of any group, association, organization, or corporation; BIDDER has not, directly or indirectly, induced nor solicited any other bidder to submit a false or sham bid; BIDDER has not solicited nor induced any person, firm, or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other bidder or over OWNER. 4. BIDDER will complete the work for the following lump sum and unit prices: PLEASE USE EXHIBIT "A" FOR BID PRICES 5. BIDDER agrees that work will be completed on or before November 30, 2010. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. 6. The following documents are attached to and made a condition of this bid: (a) Required bid security in the form of a certified or bank check or bid bond. 7. Communication concerning this bid shall be addressed to the address of BIDDER indicated below: Phone Number -70 - 8. The terms used in this bid which are defined in the General Conditions of the construction contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. SUBMITTED ON �-� [(R r , 2010. If BIDDER is: An Individual By: (Individual's Name) Doing business as: Business address: Phone Number: (SEAL) A Partnership (Firm Name) (General Partner) Business Address: Phone Number: (SEAL) A Corporation (Corporation Name) By: do /--/ � (Name of Per os Authorized to Sign) (Title) (CORPORATE SEAL) Attest: Z -J Business Address: q1 /'(I "3 c l Phone Number: C'f 7,1� — 3 y(-7 " —39616� A Joint Venture By: (Name) (Address) By: (Name) (Address) (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above) EXHIBIT "A" EAGLE COUNTY 2010 MAGNESIUM CHLORIDE PROJECT Location Description QTY Unit Unit price Amount Glenwood supply magnesium chloride Springs rail for pick up and distribution 684,031 gallons , ql/ � �RV, / yards by Eagle County staff TOTAL FOR PROJECT 4' i7 Cr Project notes: 9w,_/Vm �&6, 533. — 1. Bid prices to be f.o.b. Glenwood Springs rail yards, Devereux Road, Glenwood Springs, CO 2. Contractor shall have a minimum of 30,000 gallons of magnesium chloride available for pick -up from 6:00 a.m. to 7:00 p.m., Monday thru Friday beginning April 15th, 2010 and continuing thru November 30th, 2010 at Glenwood Springs rail yards. THE AMERICAN INSTITUTE OF ARCHITECTS ��'����: AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we EnviroTech Services, Inc. 91054 th Avenue, Suite 230 Greeley, CO 80634 as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America One Tower Square Hartford, Connecticut 06183 a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety, are held and firmly bound unto Eagle County Road and Bridge, 3289 Cooley Mesa Road, Gypsum, CO 81637. as Obligee, hereinafter called the Obligee, in the sum of five percent of the total amount of the bid submitted ($ 5%---------------------------- - - - - -) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 2010 Magnesium Chloride Project. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed tai '10th day of February, 2010. -c (Witness) (Witness) AIA DOCUMENT A310 • BID BOND • AIA ®• FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N, W., WASHINGTON, D.C. 20006 Enviro ervices, I � (Princip) (Seal) e- Pe 111 (Title) Travelers Casualty and surety Company of C 1 . 1( Valerie A. Lujan, Attc (Seal) THE RED BORDER ,d. POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 221948 Certificate No. 003400915 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint William M. Murray II, Garth Boreczky, Valerie A. Lujan, Danielle R. Capps, and Diana Armstrong of the City of Cheyenne , State of Wyoming , their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of December 2009 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 22nd St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company CRSUq� 'µ0.E6 \RN•IRSG •1 NS�q"'�xt. J,,�iv AryO aROY'�1O CIS), INCLYIPt1RATm �ORRq1951 o�`SEALSEAL:`D E a.. _ 'a n:, "�,,IS . A \ tr ......'a+ State of Connecticut City of Hartford ss. By: /Gor999 Thompson, nior ice President On this the 22nd day of December 2009 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p.TlT In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. p�L1G * Marie C. Tetreault, Notary Public �s 58440 -4 -09 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this JV�day of Fe 2010 . Kori M. Johans Assistant Secretary r GISUq�1A W ' E \RE S y' CSE To verify the authenticity of this Power of Attorney, call 1- 800 - 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ROAD & BRIDGE DEPARTMENT GENERAL CONDITIONS 1. Contractor shall provide and pay for labor, materials, equipment, tools, utilities, permits, licenses, transportation, and other facilities and services necessary for proper execution and completion of the Work. 2. If Contractor fails to obtain the tax exemption(s) applicable to public works projects from sales, consumer, use and similar taxes, Contractor shall pay the same. Owner will cooperate with Contractor to obtain tax exemption for this project. 3. Contractor shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of the Work, and the general and local conditions which can affect the Work or the cost thereof. Any failure by Contractor to do so will not relieve him from responsibility for successfully performing the Work without additional expense to the Owner. Owner assumes no responsibility for any understanding or representations concerning conditions made by any of its officers, employees or agents prior to the execution of this Agreement, unless such understanding or representations are expressly stated in the Agreement. 4. Before commencing activities, Contractor shall: (1) take field measurements and verify field conditions; (2) carefully compare this and other information known to Contractor with the Agreement; and (3) promptly report errors, inconsistencies or omissions discovered to Owner. 5. Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, quality, sequences and procedures, and for coordinating all portions of the Work. 6. Contractor, as soon as practicable, shall furnish in writing to the Owner the names of subcontractors and suppliers for each portion of the Work. 7. No charge shall be made by Contractor for hindrances or delays from any cause whatever during the progress of any portion of the Work, unless such hindrance or delay is caused in whole or in part by acts or omissions within the control of Owner. In any event, Owner may grant an extension of time for the completion of the Work, provided it is satisfied that delays or hindrances were due to causes outside Contractor's control, e.g., weather, or to acts of omission or commission by the Owner, provided that such extensions of time shall in no instance exceed the time actually lost to Contractor by reason of such causes, and provided further that Contractor shall have given Owner immediate (as determined by the circumstances, but not exceeding 48 hours) notice in writing of the cause of the detention or delay. 8. Contractor shall deliver, handle, store and install materials in accordance with manufacturers' instructions. 9. Contractor shall comply with and give notices required by all federal, state and local laws, statutes, ordinances, building codes, rules and regulations applicable to the Work. If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, rules or regulations without notice to Owner, Contractor shall assume full responsibility for such Work and shall bear the attributable costs. Contractor shall promptly notify Owner in writing of any conflicts between the specifications for the Work and such governmental laws, rules and regulations. 10. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs, including all those required by law in connection with performance of the Agreement. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, or by anyone for whose acts the Contractor may be liable. 11. Contractor shall keep the premises /work site and surrounding area free from accumulation of debris and trash related to the Work. 12. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the contract price as security for the faithful performance and payment of all Contractor's obligations under the contract documents. These bonds shall remain in effect at least until two years after the date of final payment, except as otherwise provided by law. Contractor shall also furnish other bonds as are required by the supplementary conditions. All bonds shall be in forms satisfactory to Owner, and be executed by such sureties as (a) are licensed to conduct business in the state where the project is located, and (b) are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act. 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 clauses (a) and (b) of the preceding paragraph, Contractor shall within five days thereafter substitute another bond and surety, both of which shall be acceptable to Owner. 13. Contractor shall be solely responsible for the protection of the Work until its final acceptance by Owner. Contractor shall have no claim against Owner because of any damage or loss to the Work, and shall be responsible for the complete restoration of damaged Work to its original condition. In the event Contractor's Work is damaged by another party, not under his supervision or control, Contractor shall make his claim directly with the party involved. If a conflict or disagreement develops between Contractor and another party concerning the responsibility for damage or loss to Contractor's Work, such conflict shall not be cause for delay in Contractor's restoration of the damaged Work. 14. Contractor's Insurance: The Contractor shall purchase and maintain such insurance as will protect him from claims set forth below which may arise out of or result from the Contractor's operations under the contract, whether such operations be by himself, or by any subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. All such insurance shall remain in effect until final payment, and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work. In addition, Contractor shall maintain such completed operations insurance for at least two years after final payment, and furnish Owner with evidence of continuation of such insurance at final payment and one year thereafter. Insurance coverage shall be as follows: Claims under Workmen's Compensation, disability benefits, and other similar employee benefit acts, with coverage and in amounts as required by the laws of the State of Colorado; Claims for damage because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual personal injury liability coverage; Claims for damage because of bodily injury, sickness, disease, or death of any person other than his employees; and Claims for damages because of injury to or destruction of tangible property, including loss of use resulting there from; Contractor's Liability Insurance issued to and covering the liability for damage imposed by law upon the Contractor and each subcontractor with respect to all Work performed by them under the Agreement; Contractor's Protective Liability Insurance issued to and covering the liability for damages imposed by law upon the Contractor and each subcontractor with respect to all Work under the Agreement performed for the Contractor by subcontractors. Completed Operations Liability Insurance issued to and covering the liability for damage imposed by law upon the Contractor and each subcontractor arising between the date of final cessation of the Work, and the date of final acceptance thereof out of that part of the Work performed by each. Comprehensive Automobile Insurance. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage forms of policies, as the case may be. The Contractor shall in addition, and in the amounts required under the above, obtain protective Liability Insurance issued to and covering the liability for damages imposed by law upon the Owner with respect to all operations under the construction contract by the Contractor or his subcontractors, including omissions and supervisory acts by the Owner. Builder's Risk Insurance: Insofar as the Work to be performed under this contract consists entirely of new construction removed and separated from any existing facility used by Owner, Contractor shall procure and maintain, for the duration of the Work of this project, Builder's Risk Insurance, including the perils of fire, extended coverage (loss due to vehicles, explosion, wind, flood, riot, etc.), vandalism and malicious mischief, and special extended coverage (loss due to falling objects, collapse, water damage from faulty or leaking systems, etc.) in the full amount of the contract price plus the cost of authorized extras. Said amount of insurance coverage shall be considered to cover the insurable value of the Work under this contract which is considered not to exceed one hundred percent (100 %) of the amount of this contract and authorized extras. Such policy shall not insure any tools or equipment, or temporary structures erected at the site and belonging to any person or persons, or their subcontractors who are obliged by contract with the Owner to do Work on the projects. Comprehensive Risk Policy Option: In lieu of the several policies specified for Contractor's Liability Insurance, a comprehensive liability and property damage insurance policy inclusive of all the insurance and requirements herein set forth, subject to the approval of the Owner, will be permissible. Insurance covering claims for damages to persons or property shall at a minimum provide coverage of the larger of (i) $500,000 each person /$1,000,000 each occurrence, for bodily injury and $600,000 each occurrence for property damage , (ii) the maximum liability of a local government provided in the Colorado Governmental Immunity Act, 24 -10 -101, et seq., CRS (1973) as that may be amended from time -to -time, or (iii) such greater amount(s) as may be required by law. Insurance shall be placed jointly in the names of the Owner, Contractor, and any and all subcontractors, and any and all others obliged by contract with the Owner to do Work on this project, and, at the Owner's option, any other person or persons whom the Owner deems to have an insurable interest in said property, or any part thereof, payable as their several interests may appear. Any proceeds obtained from insurance provided for by this paragraph shall be paid to and held by the Owner as trustee. The Owner shall have the right to withhold payment of such proceeds until such time as the Work destroyed or damaged and covered by such insurance shall be reconstructed and shall pay such proceeds on an installment basis similar to that provided for by progress payments covering the original Work. Certificates of Insurance: Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates shall contain provisions naming the Owner as an additional insured under Contractor's insurance, as more fully required by the General Conditions herein, and that coverage afforded under the policies will not be cancelled until at least thirty days prior written notice has been given the Owner. Contractor and his subcontractors shall not permit any of his subcontractors to start Work until all required insurance have been obtained and certificates with the proper endorsements have been filed with the Owner. Failure of the Contractor to comply with the foregoing insurance requirements shall in no way waive the Owner's rights hereunder. 15. Owner, at its option, may purchase and maintain such liability insurance as will protect him against claims which may arise from operations under this contract. Purchasing and maintaining such insurance, however, will not relieve the Contractor from purchasing and maintaining the insurance hereinbefore specified. 16. Before permitting any of his subcontractors to perform any Work under this contract, Contractor shall either (a) require each of his 'subcontractors to procure and maintain during the life of his subcontracts, Subcontractor's Public Liability and Property Damage Insurance of the types and in the amounts as may be applicable to his Work, which type and amounts shall be subject to the approval of the Owner, or (b) insure the activities of his subcontractors in his own policy. 17. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless Owner, its board, commissioners, employees and the agents of any of them, from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 18. After execution of the Agreement, changes in the Work may be accomplished by Change Order or by order for a minor change in the Work. Owner, without invalidating the Agreement, may order changes in the Work within the general scope of the Agreement consisting of additions, deletions or other revisions. a. No Change Orders or other form of order or directive which requires additional compensable work to be performed may be issued or be effective unless accompanied by a written assurance to the Contractor that lawful appropriations to cover the costs of the additional work have been made. b. A Change Order shall be a written order to the Contractor signed by Owner to change the Work. C. Owner will have authority to order minor changes in the Work not involving changes in the Contract Price or the Contract Time. Such changes shall be written orders and shall be binding on the Contractor and Owner. Contractor shall carry out such written orders promptly. 19. Progress Payments: If the project is subject to progress payments, not more often than once a month, Contractor shall submit to Owner 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 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 applications for payment. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. Owner will, within ten days after receipt of each application for payment, either indicate in writing a recommendation of payment, or return the application to Contractor indicating in writing its reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the application. Owner shall, within twenty days of recommendation of payment, pay Contractor the amount recommended. 20. Final Payment: Upon written notice from Contractor that the work is complete, Owner will make a final inspection with Contractor, and will notify Contractor in writing of all particulars in which this inspection reveals that the work is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies. Defects are those identified by an Eagle County Official(s) and shall be judged on quality by that Official(s). After Contractor has completed all such corrections to the satisfaction of Owner, and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked -up record documents or as -built drawings covering all of the Work, Contractor may make application for final payment following the procedure for 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 releases in full; an affidavit of Contractor that the releases and receipts include all labor, services, material, and equipment for which 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. If any subcontractor, manufacturer, fabricator, supplier, or distributor fails to furnish a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any lien. 21. Final payment shall not become due until Contractor submits to Owner releases and waivers of liens, and data establishing payment or satisfaction of obligations, such as receipts, claims, security interests or encumbrances arising out of the Work. Final payment is subject to the Final Settlement requirements and time periods set forth in C.R.S. §38 -26 -107. 22. 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 (in these General Conditions referred to as "Liens "). 23. Contractor's obligation to perform and complete the Work in accordance with the contract documents shall be absolute. Neither the recommendation of any progress or final payment nor the payment by Owner to Contractor under the contract documents, nor any use or occupancy of the Work or any part thereof by Owner, nor any act of acceptance by Owner, nor any failure to do so, nor any correction of defective Work by Owner shall constitute an acceptance of Work not in accordance with the contract documents or a release of Contractor's obligation to perform the Work in accordance with the contract documents. 24. If Contractor fails to correct Work which is not in accordance with the Agreement, the Owner may direct the Contractor to stop the Work until the correction is made. 25. Contractor shall promptly correct Work rejected by Owner as failing to conform to the requirements of the Agreement and Contractor shall bear the cost of correcting such rejected Work. 26. Contractor warrants to Owner that: (1) materials and equipment furnished under the Agreement will be new and of good quality; (2) the Work will be free from defects not inherent in the quality required or permitted; defects are those identified by an Eagle County Official(s) and shall be judged on quality by that Official(s) and (3) the Work will conform to the requirements of the Agreement. 27. Contractor warrants and guarantees to Owner 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. If, within one year after the date of completion, or such longer period of time as may be set forth in the Agreement (including the Bid), prescribed by law, prescribed by the terms of any applicable warranty given by a materials supplier or required by or a part of the Agreement, 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 nondefective 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. 28. If Contractor defaults or neglects to carry out the Work in accordance with the Agreement and fails within a seven day period after receipt of written notice from the Owner to correct such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies, correct such deficiencies. In such case, the Agreement may be terminated by Owner or a Change Order shall be issued deducting the cost of correction from payments due the Contractor. 29. The performance of the Work may be terminated at any time in whole, or from time to time in part, by Owner for its convenience. Any such termination shall be effected by delivery to Contractor of a written notice ( "Notice of Termination ") specifying the extent to which performance of the Work is terminated and the date upon which termination becomes effective. After receipt of a Notice of Termination, and except as otherwise directed by Owner, Contractor shall, in good faith, and to the best of its ability, do all things necessary, in the light of such notice and of such requests in implementation thereof as Owner may make, to assure the efficient, proper closeout of the terminated Work (including the protection of Owner's property). Among other things, Contractor shall, except as otherwise directed or approved by Owner: a. stop the Work on the date and to the extent specified in the Notice of Termination; b. place no further orders or subcontracts for services, equipment or materials except as may be necessary for completion of such portion of the Work as is not terminated; C. terminate all orders and subcontracts to the extent that they relate to the performance of Work terminated by the Notice of Termination; d. assign to Owner, in the manner and to the extent directed by it, all of the right, title and interest of Contractor under the orders or subcontracts so terminated, in which case Owner shall have the right to settle or pay any or all claims arising out of the termination of such orders and subcontracts; e. with the approval of Owner, settle all outstanding liabilities and all claims arising out of such termination or orders and subcontracts; and f. deliver to Owner, when and as directed by Owner, all documents and all property which, if the Work had been completed, Contractor would be required to account for or deliver to Owner, and transfer title to such property to Owner to the extent not already transferred. In the event of such termination, there shall be an equitable reduction of the Contract Price to reflect the reduction in the Work and no cost incurred after the effective date of the Notice of Termination shall be treated as a reimbursable cost unless it relates to carrying out the unterminated portion of the Work or taking closeout measures. \rd &brdge.gc People Helping People Improve Their Environme Introducing durablendTm, an environmentally DISTRIBUTED BY: responsible answer to high- demand dust control and road stabilization. This innovative product is blended with a performance enhancing polymer to keep surfaces stable and dust free, while using only half the chloride of standard dust control products. ar — r1 4 • 4", i 1' r durablend'" allows you to be environmentally conscious without having to pay more. To ensure appropriate application rates that will produce the best performance for your soil type, EnviroTech Services will test samples from your area, customizing the application for optimal performance, with minimum environmental impact. With half the chloride of standard dust control products, durablend'm bonds with the soil to reduce leeching, even after rainfalls, lowering the impact on the surrounding environment and vegetation. Plus, a lower application rate means a smaller delivery volume, further reducing your carbon footprint. Uses and Application Road preparation for durablend'm application is the same as for a typical chloride product, but the road does not need to be rolled after grading is finished. This process provides for the optimal surface penetration of durablend'" into the top half inch of the road and improves the efficiency of the fleet. durablend'm is applied to roads in the standard spray system, but covers twice as much area per truck load than full chloride products. It does not require blade mixing to extend performance. Continual use reduces road base loss and improves the efficiency of the fleet, reducing man hours. durablend' treated roads 0 Enviro`ii-nentally Frig • Decreases carbon footprint • Reduces application rates • Costs the some as standard products • Lowers impact on vegetation and trees Resists Migration ■ Product bonds with aggregate, reducing dust ■ Soil stays on road, maintaining base • Polymers keep chloride in road Improved Road Quality A ■ Fewerpot holes ■ Less washboarding ■ Lowered impact on vehicles 14k PPM Chloride Lost Through Leeching 127 chloride 10k 8k 617 4k 27 ok -STORM 1 I NR2 910 54th Avenue, Suite 230 ■ Greeley, Co 80634 ■ (t) 1 -800- 369 -3878 ■ (f) 1- 970 -346 -3959 ■ www.EnviroTechServices.com (*2009 EnviroTech Services Inc. durablend— is a registered trademark of EnviroTech Services, Inc M Enduring Performance r ... Full chloride products are the most prominent treatm( A` ' for dust control and road stabilization in North Americ jl� t ', durablendTm achieves the same performance as a typi magnesium chloride treatment, but requires half the amount per application. durablend's'" enhanced polymer blend helps it bond to the dust and aggregat - lowering migration of chloride from the road to impro friction in moisture situations and provide for safer driving surfaces. ar — r1 4 • 4", i 1' r durablend'" allows you to be environmentally conscious without having to pay more. To ensure appropriate application rates that will produce the best performance for your soil type, EnviroTech Services will test samples from your area, customizing the application for optimal performance, with minimum environmental impact. With half the chloride of standard dust control products, durablend'm bonds with the soil to reduce leeching, even after rainfalls, lowering the impact on the surrounding environment and vegetation. Plus, a lower application rate means a smaller delivery volume, further reducing your carbon footprint. Uses and Application Road preparation for durablend'm application is the same as for a typical chloride product, but the road does not need to be rolled after grading is finished. This process provides for the optimal surface penetration of durablend'" into the top half inch of the road and improves the efficiency of the fleet. durablend'm is applied to roads in the standard spray system, but covers twice as much area per truck load than full chloride products. It does not require blade mixing to extend performance. Continual use reduces road base loss and improves the efficiency of the fleet, reducing man hours. durablend' treated roads 0 Enviro`ii-nentally Frig • Decreases carbon footprint • Reduces application rates • Costs the some as standard products • Lowers impact on vegetation and trees Resists Migration ■ Product bonds with aggregate, reducing dust ■ Soil stays on road, maintaining base • Polymers keep chloride in road Improved Road Quality A ■ Fewerpot holes ■ Less washboarding ■ Lowered impact on vehicles 14k PPM Chloride Lost Through Leeching 127 chloride 10k 8k 617 4k 27 ok -STORM 1 I NR2 910 54th Avenue, Suite 230 ■ Greeley, Co 80634 ■ (t) 1 -800- 369 -3878 ■ (f) 1- 970 -346 -3959 ■ www.EnviroTechServices.com (*2009 EnviroTech Services Inc. durablend— is a registered trademark of EnviroTech Services, Inc RoiidSaver Dust Control and Road Stabilization PRODUCT DESCRIPTION I �, <, is a high purity grade of magnesium chloride (MgC12) used as a dust control and soil stabilization agent. Magnesium chloride is a hygroscopic compound that attracts moisture from the air and resists evaporation. RoadSaver binds fine dust and aggregate to keep surfaces stable and dust free. USES OR APPLICATION It a As a dust control agent, the recommended application rate is 0.3 - 0.5 gallons per square yard. When continually using , F as a dust control product the application rates can tend to decrease from the 0.5 to the 0.3 rate depending on weather and traffic. Continual use will help reduce road base loss. As a soil stabilizer, using a 2 -3" blade mix process, it is recommended to apply a total of 0.4 - 0.5 gallons per square yard. According to the Colorado State University Study on the Relative Effectiveness of Road Dust Suppressants, magnesium chloride out performed calcium chloride, in terms of dust control throughout a 145 day test period. (See graph below) PERFORMANCE AND DIAGRAMS Magnesium chloride (MgCl2), calcium chloride (CaCl2), and lignosulfonates are the dominant dust control and road stabilization products in North America. These products provide excellent performance depending on the environmental challenge being faced. Such factors as temperature, _ humidity level, precipitation, and especially soil /aggregate type /gradation will impact the success or failure of one product verses another. Fugitive Dust Collected The Transportation Association of Canada JAC), in its Guidelines for Cost Effective Use and Application of Dust Palliatives suggests that "calcium chloride loses its hygroscopicity (ability to absorb moisture from the air) as relative humidity decreases. Calcium chloride should be used with caution if long dry spells are anticipated or low humidity exists." They found that "magnesium chloride, while also hygroscopic, remains so at much higher temperatures and lower relative humidity than calcium chloride and therefore may be more suitable to dry climates." They also state that magnesium chloride is "less corrosive than calcium chloride." FEATURES w 1s 4, d 1 25 0 1 075 c 05 E 0.25 0 0 BENEFITS 0 30 60 120 145 Test Period - Days Dust suppression .. ..............................• Keeps fines on road • Better public relations • Cleaner air • Reduces dust to PM 10 standard Improved road quality .............................• Fewer pot holes • Less washboarding • Ensure public safety Road stabilization .. ..............................• Less loss of road base • Reduces road maintenance • More value for the dollar People Helping People Improve Their Environment t Untreated CaC12 M9cI2 C A Y2 .� SERU /CES, INC. MATERIAL SAFETY DATA SHEET Flammable Limits: N/A Not Flammable LEL: N/A UEL: N/A Extinguishing Media: None, non-flammable Flash Point: None Special Fire Fighting Procedures: None Unusual Fire and Explosion Hazards: None NFPA Classification: Health = 0 Flammability = 0 Reactivity = 0 SECTION V: REACTIVITY DATA Stability: Stable Incompatibilities: Strong oxidizers, concentrated acids (i. e. nitric acid) Hazardous Decomposition: Hydrogen chloride, halogenated compounds. Thermal decomposition above temperatures of 570° F may release chlorine gas. Hazardous Polymerization: Will not occur Conditions to Avoid: Avoid contact and storage with above listed compounds or materials. SECTION VI: HEALTH HAZARD DATA Signs and Symptoms of Exposure: Ingestion: Oral ingestion of large doses may cause GI irritation. Skin: May cause irritation SECTION I: MATERIAL IDENTIFICATION Product Name: durablend Dust Suppressant Chemical Name: Magnesium Chloride Solution with Proprietary Organic Based Performance Enhancer. Distributed by: EnviroTech Services, Inc. (970) 346 -3900 910 54`" Avenue, Suite 230 Greeley, CO 80634 Date Prepared: October, 12008 Updated: January 1, 2010 SECTION II: HAZARDOUS INGREDIENTS / IDENTITY INFORMATION Hazardous Components: None SECTION III: PHYSICAL /CHEMICAL CHARACTERISTICS Boiling Point: 225 °F Specific Gravity: 1.24-1.34 Vapor Pressure: N/A Melting Point: N/A Vapor Density: N/A Evaporation Rate: Not Determined Solubility in Water: 100% pH: 5.0 — 8.0 as shipped Freeze Point: -10° F Appearance and Odor: Liquid, Clear to Slight Yellow, Very Low or No Odor SECTION IV: FIRE AND EXPLOSION HAZARD DATA Flammable Limits: N/A Not Flammable LEL: N/A UEL: N/A Extinguishing Media: None, non-flammable Flash Point: None Special Fire Fighting Procedures: None Unusual Fire and Explosion Hazards: None NFPA Classification: Health = 0 Flammability = 0 Reactivity = 0 SECTION V: REACTIVITY DATA Stability: Stable Incompatibilities: Strong oxidizers, concentrated acids (i. e. nitric acid) Hazardous Decomposition: Hydrogen chloride, halogenated compounds. Thermal decomposition above temperatures of 570° F may release chlorine gas. Hazardous Polymerization: Will not occur Conditions to Avoid: Avoid contact and storage with above listed compounds or materials. SECTION VI: HEALTH HAZARD DATA Signs and Symptoms of Exposure: Ingestion: Oral ingestion of large doses may cause GI irritation. Skin: May cause irritation e TYPICAL ANALYSIS ............. ............................... ROAD PREPARATION .............. ............................... Magnesium Chloride 30% 10.85 gallons pH - 6.0 - 7.5 in a 5% solution By properly preparing the road for application, dust control or soil stabilization projects could last 2 to 3 times longer. Spending a little additional time and effort on the front end will eliminate unnecessary re- applications that would be required otherwise. Recommended techniques include blading the surface, eliminating potholes and washboarding, placing the right crown in the roadway and pre - wetting the application area. HEALTH, TOXICITY Sc ENVIRONMENTAL RoadSaver is the least harmful of common dust suppressants to vegetation and groundwater according to independent studies conducted by the US Department of Agriculture. It is non - irritating and safer to handle and won't cause burning or stinging associated with some of the other dust control products. HoadSaver is free of toxic metals and substances, is used as an ice control agent, and also as a fertilizer for crops such as turf and small grains. Toxicity of Common Chemicals A sod".. cyanme 0 V C.16- t02 E Asp- 100 V Caalaai Chloride , C Sodium chloride 0 E Baking Soda 14200 0 Magnevom Chkride 8100 W."'in C 11f100 0 2000 4000 6000 8000 10000 12000 14000 LD50 (mgikg)* LD50 is the amount of substance, in mg per kg of body weight, expected to kill 50% of the test animals in a controlled study. The larger the LD50 number, the lower the toxicity and safer the substance. =GSA* Federal Supply Schedule Contract No. GS -07F -0312,1 People Helping People Improve Their Environment Dust Control TESTIMONIALS " EnviroTech's product is always within the guidelines set in the contract." Jake B. Mall Garfield County Colorado, Road and Bridge Department "We have used everything from tree sap to calcium chloride to waste oil. To date, magnesium chloride (Roadsaver) is the best thing we've used." William J. Hoffbeck City of Lakeville, MN Distributed By: ENl4/�OTECH 1140 38th Avenue, Suite 1 • Greeley CO 80634 • (t) 11800- 369 -3878 • (f) 11970- 346 -3959 • www.envirotechservices.com 02005 EnviroTech Services Inc. RoadSaver is a registered trademark of EnviroTech Services, Inc. No warranty expressed or implied, including but not limited to warranty of merchantability or 0 N y 0' Eye: May cause irritation Inhalation: Liquid product, normally not applicable. Emergency and First Aide Procedures: Ingestion: Non toxic, do not induce vomiting, rinse mouth with water, do not give an unconscious person something to ingest. Skin: Flush with water, wash with mild soap and water, practice reasonable and ordinary hygiene. Eyes: Look for and remove contact lenses. Irrigate with water. Inhalation: Normally not applicable. If inhaled, remove to fresh air, if not breathing, give artificial respiration. Obtain medical attention if irritation occurs. SECTION VII: PRECAUTION FOR SAFE HANDLING AND USE Accidental Release Measures: No special precautions. Flush with water. Waste Disposal Method: Waste must be disposed of in accordance with federal, state and local regulations. Precautions to be taken in Handling and Storage: KEEP OUT OF THE REACH OF CHILDREN Material can be corrosive to some metals; care should be taken when stored for long periods in metal containers. Avoid contact with eye, skin or clothing. Wash thoroughly after handling. Practice reasonable care and precautions. Wear safety glasses and rubber or other impervious gloves. Other Precautions: Not for food or drug use. Do not take internally. May cause leather to shrink. SECTION VIII: CONTROL MEASURES Respiratory Protection: None Ventilation: Local Exhaust: Not required Mechanical (General): Not required Protective Gloves: Rubber or other impervious gloves recommended. Eye Protection: Safety glasses or goggles with splash shields recommended. Other: PRODUCT SPECIFICATIONS DURABLENDTM MAGNESIUM CHLORIDE CHEMICAL PROPERTIES Chemical Composition Typical Analysis % Range Magnesium Chloride 30.0 28.0 -31.0 Proprietary Additive 0.30 0.15-0.35 Sulfates 2.50 2.00-3.50 PHYSICAL PROPERTIES • clear to slight yellow • 10.65 — 10.95 lb. per gallon • 4 — 9 pH as shipped • Specific Gravity, 1.28 — 1.31 fart" rAll &�m SERVICES, INC, 91054 1h Avenue • Greeley, CO 80634 • (970) 346 -3900 • Fax (970) 346 -3959 PRODUCT SPECIFICATIONS ROADSAVERTM MAGNESIUM CHLORIDE CHEMICAL PROPERTIES Chemical Composition Typical Analysis % Range Magnesium Chloride 30.0 29.0 -31.0 Sulfates 2.50 2.00-3.50 Potassium 0.27 0.09-0.45 Sodium .027 0.09-0.63 TYPICAL ANALYSIS Testing ner Pacific Northwest States Methods (onm) Constituent Detected Level Constituent Detected Level Phosphorus < 2500 Chromium <0.10 Cyanide < 0.50. Cadmium < 0.15 Arsenic < 5.00 Barium < 5.00 Copper < 0.50 Selenium < 0.30 Lead < 1.00 Zinc < 10.00 Mercury < 0.05 Ammonia <50.00 PHYSICAL PROPERTIES 0 clear to slight yellow • 10.6 — 10.8 lb. per gallon • 4 — 6 pH as shipped, 6 to 7 in 5% solution • Specific Gravity, 1.29 — 1.31 M *7)j FA 999OL"i SERU /CES, INC 91054 th Avenue • Greeley, CO 80634 9 (970) 346 -3900 • Fax (970) 346 -3959 sfLm FIF1 rAM7 SERU/CES, INC. MATERIAL SAFETY DATA SHEET SECTION I: MATERIAL IDENTIFICATION Product Name: RoadSaver® Dust Suppressant Chemical Name: Magnesium Chloride Solution Manufacturers: U. S. Magnesium (801) 532 -2043 238 North 2200 West Salt Lake City, UT 84116 -2921 Intrepid Potash — Wendover, LLC (435) 665 -2241 P.O. Box 580 Wendover, UT 84083 Distributed by: EnviroTech Services, Inc. (970) 346 -3900 910 54`h Avenue, Suite 230 Greeley, CO 80634 Date Prepared: April 10, 2002 Updated: January], 2010 SECTION II: HAZARDOUS INGREDIENTS / IDENTITY INFORMATION Hazardous Components: None SECTION III: PHYSICAL /CHEMICAL CHARACTERISTICS Boiling Point: 225 °F Specific Gravity: 1.24-1.34 Vapor Pressure: N/A Melting Point: N/A Vapor Density: N/A Evaporation Rate: Not Determined Solubility in Water: 100% pH: 5.0 — 8.0 as shipped Freeze Point: -10° F Annearance and Odor: Liquid, Clear to Slight Yellow, Very Low or No Odor SECTION IV: FIRE AND EXPLOSION HAZARD DATA Flammable Limits: N/A Not Flammable LEL: N/A UEL: N/A Extinguishing Media: None, non-flammable Flash Point: None Special Fire Fighting Procedures: None Unusual Fire and Explosion Hazards: None NFPA Classification: Health = 0 Flammability = 0 Reactivity = 0 SECTION V: REACTIVITY DATA Stability: Stable Incompatibilities: Strong oxidizers, concentrated acids (i. e. nitric acid) Hazardous Decomposition: Hydrogen chloride, halogenated compounds. Thermal decomposition above temperatures of 570° F may release chlorine gas. Hazardous Polymerization: Will not occur M 0 Conditions to Avoid: Avoid contact and storage with above listed compounds or materials. SECTION VI: HEALTH HAZARD DATA Signs and Symptoms of Exposure: Ingestion: Oral ingestion of large doses may cause GI irritation. Skin: May cause irritation Eye: May cause irritation Inhalation: Liquid product, normally not applicable. Emergency and First Aide Procedures: Ingestion: Non toxic, do not induce vomiting, rinse mouth with water, do not give an unconscious person something to ingest. Skin: Flush with water, wash with mild soap and water, practice reasonable and ordinary hygiene. Eyes: Look for and remove contact lenses. Irrigate with water. Inhalation: Normally not applicable. If inhaled, remove to fresh air, if not breathing, give artificial respiration. Obtain medical attention if irritation occurs. SECTION VII: PRECAUTION FOR SAFE HANDLING AND USE Accidental Release Measures: No special precautions. Flush with water. Waste Disposal Method: Waste must be disposed of in accordance with federal, state and local regulations. Precautions to be taken in Handling and Storage: KEEP OUT OF THE REACH OF CHILDREN Material can be corrosive to some metals; care should be taken when stored for long periods in metal containers. Avoid contact with eye, skin or clothing. Wash thoroughly after handling. Practice reasonable care and precautions. Wear safety glasses and rubber or other impervious gloves. Other Precautions: Not for food or drug use. Do not take internally. May cause leather to shrink. SECTION VIII: CONTROL MEASURES Respiratory Protection: None Ventilation: Local Exhaust: Not required Protective Gloves Eye Protection: Other: + w �s •, j 1 r Mechanical (General): Not required Rubber or other impervious gloves recommended. Safety glasses or goggles with splash shields recommended.