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Home My WebLink About20143095.tiff 1861 MEMORANDUM -._C O N T Y TO: Clerk to the Board DATE: November 3, 2014 FROM: Josh Holbrook, Inspection Supervisor SUBJECT: BOCC Consent Agenda Bid #B1400135 Doc #2014-3095 Agreement for Construction Services with Weld County Construction Company, Inc. for the 2014 Concrete Maintenance & Repair. One original agreement is attached. RECEIVED f7 to 03 as INELD COUNTY COMMISSIONERS M'.\Fmncie\AGENDA memos\AgendaJosh-1.docx CRnagn--f- %.ncicv II- 12-1�4 2oly- 3095 II -5 -IA/ rhl "113 EG O07O WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & Weld County Construction Company, Inc. 2014 Concrete Maintenance & Repair THIS AGREEMENT is made and entered into this 23rd day of October, 2014, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Weld County Construction Company, Inc., a corporation, who whose Principal street address is 44340 WCR 33, Pierce, CO 80650, hereinafter referred to as "Contractor". WHEREAS, Concrete curb, gutter and sidewalk is in need of repair, (hereinafter referred to as the "Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the permanent repair of these various locations, and WHEREAS, County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit A; WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Construction Services at or below the cost set forth in Exhibit B: WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B1400135". The RFP contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. BID NO B1400135 Page 1 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit A which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"), to perform the services described on attached Exhibits A and B. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT-INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and BID NO B1400135 Page 2 acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $35,585.00, which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the material/service/equipment for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be BID NO B1400135 Page 3 available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contractor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit A provide proof thereof when requested to do so by County. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty. Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project BID NO B1400135 Page 4 pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the construction completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, during any warranty period, and for three (6) years after termination of the Agreement. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating"Should any of the above-described policies by canceled or should any coverage be reduced before the expiration date thereof,the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty(30)days prior to such cancellation or reduction unless due to non- payment of premiums for which notice shall be sent ten (10)days prior. If any policy is in excess of a deductible or self-insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self-insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self-insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor/Contract Professional shall maintain, at its own expense, any additional kinds or amounts BID NO B1400135 Page 5 of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Indemnity: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The Contractor in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Ad., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 500,000 • $ 500,000 $ 500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, explosions, collapse and underground hazard, fire damage, independent Contractors, products and completed operations, blanket contractual liability, and personal BID NO B1400135 Page 6 injury. The policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations" and the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $50,000 any one fire; and Automobile Liability: Contractor/Contract Professional shall maintain limits of$1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and$1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non-owned vehicles used in the performance of this Contract. Additional provisions: Policies for all general liability and excess/umbrella liability, must provide the following: i. If any aggregate limit is reduce by twenty-five percent (25%) or more by paid or reserved claims, Contractor shall notify County within ten (10) days and reinstate the aggregates required; H. Unlimited defense costs in excess of policy limits; iii. Contractual liability covering the indemnification provisions of this Agreement; iv. A severability of interests provision; v. Waiver of exclusion for lawsuits by one insured against another; vi. A provision that coverage is primary; and vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by County. For all general liability, excess/umbrella liability, and professional liability policies, if the policy is a claims-made policy,the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. BID NO B1400135 Page 7 Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub-vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub-vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub-vendors suppliers or other entities upon request by the County. 14. Non-Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. BID NO B1400135 Page 8 Notification Information: Contractor: Weld County Construction Company, Inc Attn.: Leo Naranjo, Owner/president Address: 44340 WCR 33, Pierce, CO 80650 Address: PO Box 67, Pierce, CO 80650 E-mail: Leowccinc@aol.com Facsimile: 1.970.834.1644 County: Name: Joshua Holbrook Position: Construction Inspection Supervisor Address: 1111 H Street, Greeley CO 80632-0758 E-mail: jholbrook@weldgov.com Facsimile: 18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. Non-Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest—C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision BID NO B1400135 Page 9 may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E-Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E-Verify Program or State of Colorado program procedures to undertake pre-employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of BID NO B1400135 Page 10 receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24- 76.5-103 prior to the effective date of the contract. 29. Official Engineering Publications, Contractor acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contractor under this Agreement, and Contractor agrees to meet or exceed all standards set by these publications. Contractor further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount. 31. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 32. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, BID NO B1400135 Page 11 with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 23'° day of October, 2014. CONTRACTOR: By �w Date /0 -2 g--/ Name: Title: D w n WELD COVAITy4 Cam( ATTEST: ARD OF COUNTY COMMISSIONERS i.• Weld County Clerk to the Board „ , �� LD COUNTY, COLORADO BY' las J �..�.ra � ',. . Deputy erk to the Board 'Barbara Kirkmey- , Pro-TS N0V 0 5 2014 APPROVED AS TO FUNDING: APPROVED AS TO SUBSTANCE: ��a2.1ICi Controller Ele e f(cial or e art e ` APPROVED AS TO FORM: G'Nr� Direct General Services County Attorney BID NO B1400135 Page 12 Exhibit A BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES DATE: September 15, 2014 BID NUMBER: B1400135 DESCRIPTION: 2014 CONCRETE MAINTANANCE AND REPAIR CONTRACT MANDATORY PRE-BID CONFERENCE DATE: NA BID OPENING DATE: October 7, 2014 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Director of General Services (collectively referred to herein as, "Weld County"), wishes to purchase the following: "2014 CONCRETE MAINTANANCE AND REPAIR CONTRACT" The project in general consists of furnishing all labor, equipment, and materials for replacement or construction of designated concrete curbs, gutters, sidewalks, handicap ramps, minor landscaping repairs and other related incidental work required to complete the project. (See Project Location Maps on Pages 80, 82, & 85). The project is not subject to Federal or State contract requirements. Bids for the above stated merchandise, equipment, and/or services will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley CO 80631 until:Tuesday, October 7, 2014, 10:00 a.m. (Weld County Purchasing Time Clock). PAGES 3 - 10 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 3 - 10 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 10. 2. INVITATION TO BID: Weld County requests bids for the purchase of the above-listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein. Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find bid information on the Weld County Purchasing website at http://www.co.weld.co.us/Departments/Purchasing/index.html located under Current Request for Bids. Weld County Government joined the Rocky Mountain E-Purchasing System. The Rocky Mountain E-Purchasing System (BidNet®) is an on-line notification system that is being utilized by multiple governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. BID No. B1400135 Page 3 Bid Delivery to Weld County — 3 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: b id s (cD we I d g o v . co m . Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2. Facsimile. Bids may be faxed to 970-336-7226 attention "Purchasing". The vendor must include the following statement on the facsimile: "I hereby waive my right to a sealed bid. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 3. Mail. Mailed bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150 O Street, Room#107 Greeley, CO 80631. Please call Purchasing at 970-336-7225 if you have any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to the bid of the individual signing. When requested by the Weld County Director of General Services, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bids may be withdrawn upon written request to and approval of the Weld County Director of General Services; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1., entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Director of General Services for the premature opening of a bid not properly addressed and identified. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. BID No. B1400135 Page 4 Terms Defined: Terms used in these instructions to Bidders and elsewhere throughout the Contract Documents are defined in the General Provisions, CDOT, Standard Specification for Road and Bridge Construction, Section 101. Qualification of Bidders: Qualification statements, attached with this document, are required to be completed by Bidders. Failure to submit qualifications may be cause for rejection of Bids. The Owner shall consider the following criteria in evaluating the Bidder's qualifications following the opening of Bids: Experience and performance records on similar work. Ability to complete the Work within the Contract Time. Familiarization With the Work: Before submitting his Bid, each prospective Bidder shall familiarize himself with the Work,the site where the Work is to be performed, local labor conditions and all focal, state and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. He shall carefully correlate his observations with requirements of the Contract Documents and Drawings and otherwise satisfy himself of the expense and difficulties attending performance of the Work. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this paragraph. Interpretation of Contract Documents to Prospective Bidders: Any prospective Bidder who discovers ambiguities or is in doubt as to the true meaning of any part of the Contract Documents or Drawings shall make a request to the Inspector for an interpretation thereof. Interpretations will be made only by Addenda, duly issued, and copies of each Addendum will be mailed or delivered to each Contract Document holder of record. Because of the time required to publish and deliver, no interpretation Addenda will be issued within the last seven (7) days before the date set for opening of Bids. The Bidder shall be solely responsible for any interpretation of the Contract Documents or Drawings other than by duly issued Addenda. Preparation of the Bid: Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Bids by partnerships must be executed in the partnership name and signed by a partner. His title must appear under his signature and the official address of the partnership must be shown below the signature. Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Names of all persons signing must be printed below their signatures. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. Modification or Withdrawal of Bid: Bids may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed, and delivered to the place where Bids are to be submitted at any time prior to the final time set for receiving Bids. Bidders may modify or withdraw Bids by electronic communication at any time prior to the time set for receiving Bids provided the instruction is positively identified. Any electronic modification should not reveal the amended Bid price, but should provide only the addition, subtraction or modification. A duly executed document confirming the electronic modification shall be submitted within three days after Bids are opened. The Diedarof GenaalServicesmay at his sole discretion, release any Bid at any time. BID No. B1400135 Page 5 4. AWARD AND EXECUTION OF CONTRACT Basis of Award: Only firm Bids will be considered. The award of the Contract, if it is awarded,will be to the lowest responsible bidder whose Bid compares favorably upon evaluation with other Bids. Weld County intends to award the Contract to the lowest responsible Bidder within the limits of funds available and to best serve its interests. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. Evaluation of Bids: The evaluation of Bids will include consideration of Subcontractors and suppliers. All Bidders shall submit a list of all Subcontractors he expects to use in the Work with the Bid. The experience statement with pertinent information on similar Projects shall be furnished with the name of each Subcontractor proposed to perform work on the project. The use of Subcontractors listed by the Bidder and accepted by County prior to the Notice of Award will be required in the performance of the Work. All Bidders shall submit with their Bid a list of the suppliers as indicated in the Bid Forms. Contract Execution: The successful Bidder shall be required to execute the Contract and to furnish the Performance Bond, Labor & Materials Payment Bond and Certificate of Insurance within ten (10) calendar days of receipt of the Notice of Award. The Certificate of Insurance shall name Weld County as additional insured. Failure to execute the contract and furnish the required paperwork within the time frame mentioned above shall be just cause for the annulment of the Award and, in the event of such annulment, the Award may then be made to another Bidder, or the County may reject all Bids or call for other Bids. The County,within ten (10)days of receipt of acceptable Performance Bid, Labor&Materials Payment Bond, and signed Contract from the successful Bidder will issue the Notice to Proceed. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), the successful bidder's response, and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract which if required, has been made a part of this RFP. 5. PERFORMANCE, LABOR, MATERIAL, AND PAYMENT BOND The successful Bidder shall be required to execute the Performance Bond and Labor & Materials Payment Bond in the amount of 100% of the Contract plus the value of the force account items, covering the faithful performance of the Contract and the payment of all obligations arising there-under. The Bonds shall be executed on the forms included with the Contract Documents by a surety company authorized to do business in the State of Colorado and acceptable as surety to Weld County. The Bidder shall deliver the Bonds to the Owner not later than the date of execution of the Contract. 6. INDIRECT COSTS Governmental Fees: The cost of all construction licenses, building and other permits, and governmental inspections required by public authorities for performing the Work,which are applicable at the time Bids are opened and which are not specified to be obtained by the County, shall be included in the Bid price. Royalties: The cost of all royalties and license fees on equipment and materials to be furnished and incorporated in the Work shall be included in the Bid price. Utilities: Unless otherwise specified, the Bidder shall include in his Bid the cost of all electrical,water, salary, gas, telephone, and similar facilities and services required by him in performing the Work. Cash Allowances: The Bidder shall include in his Bid such sums as he deems proper for overhead costs and profits on account of cash allowances named in the Bid Documents. BID No.B1400135 Page 6 7. SITE CONDITIONS Familiarization with the Site: The prospective Bidder shall by careful examination, satisfy himself of the following: Nature and location of the site where the Work is to be performed. Character, quality, and quantity of surface and subsurface materials, water, structures and utilities to be encountered. Character of construction equipment and facilities needed for performance of the Work. General local conditions. Availability of lands as set forth in the General Conditions. Access to the Site: The Bidder shall carefully review the Drawings and the Project Special Conditions for provisions concerning access to the site during performance of the Work. The Bidder shall carefully review the locations of the site where the work is to be performed. The Bidder shall make all arrangements, as deemed necessary,for access to property outside of County Right of Way, prior to beginning the work. 8. SUCCESSFUL BIDDER HIRING PRACTICES- ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E-Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E-Verify Program or State of Colorado program procedures to undertake pre-employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. BID No. B1400135 Page 7 Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 9. GENERAL PROVISIONS A. Fund Availability: Financial obligations of the Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Confidential Information: Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included BID No. B1400135 Page 8 or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorneys Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent contractors performing construction services of a similar nature to those described in this Agreement. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, The successful bidder's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. BID No.B1400135 Page 9 County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty, The successful bidder warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction services will conform to applicable specifications. In addition to the foregoing warranties, The successful bidder is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which The successful bidder must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the Project. P. Non-Assignment. The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non-Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50- 507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. BID No. B1400135 Page 10 T. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Compliance with Davis-Bacon Wage Rates. The successful bidder understands and agrees that, if required by the Scope of Work, the work shall be in compliance with the Davis- Bacon Wage Rates. V. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners. W. Compensation Amount. Upon the successful bidder's successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement 10. Insurance Requirements General Requirements: Successful bidders/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request.Successful bidders/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, during any warranty period, and for three (3) years after termination of the Agreement. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating"Should any of the above-described policies by canceled or should any coverage be reduced before the expiration date thereof,the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty(30)days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10)days prior. If any policy is in excess of a deductible or self-insured retention, County must be notified by the Successful bidder/Contract Professional. Successful bidder/Contract Professional shall be responsible forthe payment of any deductible or self-insured retention. County reserves the right to require Successful bidder/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self-insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder/Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these BID No.B1400135 Page 11 requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder/Contract Professional shall obtain,and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 500,000 $ 500,000 $ 500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, liability assumed under an insured contract (including defense costs assumed under contract, designated construction projects(s) general aggregate limit, ISO CG 2503 or equivalent additional insured—owners, lessees or successful bidders endorsement, ISO Form 2010 or equivalent, additional insured—owners, lessees or successful bidders endorsement, ISO CG 2037 or equivalent, the policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, its subsidiary, BID No.B1400135 Page 12 parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Successful bidder, including completed operations" and the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $50,000 any one fire; and $500,000 errors and omissions. $5,000 Medical payment one person Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere. Additional Provisions: Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: If any aggregate limit is reduce by twenty-five percent (25%) or more by paid or reserved claims, Contractor shall notify County within ten (10) days and reinstate the aggregates required; ii. Unlimited defense costs in excess of policy limits; iii. Contractual liability covering the indemnification provisions of this Agreement; iv. A severability of interests provision; v. Waiver of exclusion for lawsuits by one insured against another; vi. A provision that coverage is primary; and vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by County. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims-made policy,the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. Contractors/Contract Professionals shall secure and deliver to County's Risk Administrator ("Administrator") at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub-vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the BID No.B1400135 Page 13 requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent contractors, sub-vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent contractors, sub-vendors suppliers or other entities upon request by the County. A provider of Professional Services(as defined in the Bid or RFP)shall provide the following coverage: Professional Liability: Contract Professional shall maintain limits of$1,000,000 for each claim, and $2,000,000 aggregate limit for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services provided by the successful bidder as part of the Contract. Successful Bidders Pollution Liability Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the operations of the successful bidder described in the Successful bidder's scope of services. Policy shall cover the successful bidder's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims-made basis, the successful bidder warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. The policy shall be endorsed to include the following as Additional Insureds: "Weld County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Successful bidder, including completed operations". Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 1,000,000 The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID No.B1400135 Page 14 SPECIAL PROVISIONS WELD COUNTY PUBLIC WORKS DEPARTMENT The Colorado Department of Transportation 2011 Standard Specifications for Road and Bridge Construction controls construction of this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. PROJECT SPECIAL PROVISIONS INDEX Page Index Pages 53 Notice to Bidders 54 Commencement and Completion of Work 55 Revision of Section 101, Definitions and Terms 56 Revision of Section 105, Claims for Contract Adjustment 57 Revision of Section 105, Inspection and Testing of Work 58 Revision of Section 105, Maintenance During Construction 59 Revision of Section 107, Legal Relations and Responsibility to Public 60 Revision of Section 107, Protection and Restoration of Property & Landscape 61-62 Revision of Section 108, Prosecution and Progress 63 Revision of Section 109, Measurement and Payment 64 Revision of Section 202, Removal of Structures and Obstructions 65 Revision of Section 608 & 609, Sidewalks, Curb & Gutter, Drive, 66-67 Approaches, Aprons, Crosspans, and Concrete Pavement Revision of Section 630, Traffic Control 68-74 Force Account Items 75-76 Revision of Section 108.07 Liquidated Damages 77 Revision of Section 108.01 Subletting of Contract 78 Appendix 79 BID No.B1400135 Page 53 NOTICE TO BIDDERS The proposal guaranty shall be a certified check, cashier's check, or bid bond in the amount of 5 percent of the Contractor's total bid. Pursuant to subsections 102.04 and 102.05, it is recommended that bidders on this project review the work site and plan details. Information regarding the project may be obtained from the following authorized representative. Josh Holbrook, Construction Supervisor Weld County Public Works Department 1111 H Street Office Phone: 970-304-6496, ext. 3734 The above referenced individuals are the only representatives with authority to provide any information, clarification, or interpretation regarding the plans, specifications, and any other contract documents or requirements. BID No.81400135 Page 54 COMMENCEMENT AND COMPLETION OF WORK The Contractor shall commence work under the Contract within 10 days after the date of the "Notice to Proceed" letter and will complete all work within 27 calendar days unless the period for completion is extended otherwise by the Contract Documents. A contractor that shuts down operations and moves off the project before it is complete will be assessed two days of contract time for every day absent from the job. If construction continues beyond the Contract time period , the Contractor will be assessed liquidated damages as stated hereafter. BID No. B1400135 Page 55 REVISION OF SECTION 101 DEFINITION OF TERMS Technical Specifications related to construction materials and methods for the work embraced under this contract shall consist of the "Colorado Department of Transportation, Standard Specifications for Road and Bridge Construction"dated 2011. Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have different meanings within the scope of this Contract. A summary of redefinitions follows: Subsection 101.28: "Department" shall mean the Weld County Public Works Department. Subsection 101.29: "Chief Engineer" shall mean the Weld County Public Works Director or designated representative. Subsection 101.37: "Inspector" shall mean an employee designated as such by the Weld County Public Works Department. Subsection 101.58: "Region Transportation Director" shall mean Weld County Public Works Director or designated representative. Subsection 101.76: "State" shall mean Weld County. BID No.B1400135 Page 56 REVISION OF SECTION 105 CLAIMS FOR CONTRACT ADJUSTMENT Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.22 shall be revised as follows: The Colorado Department of Transportation will not participate in the resolution process for any claims filed by the Contractor. Contract claims will follow the appropriate procedures of Subsection 105.22 except that all claim reviews will be handled by Weld County or its duly authorized representative. The following terms of this subsection shall be defined as follows: Project Inspector shall be Weld County Public Works. District Engineer shall mean the Weld County Public Works Department or it's duly authorized representative. Chief Engineer shall mean the Weld County Public Works Department or it's duly authorized representative. For this project the Weld County Duly Authorized Representatives are: Project Manager: Josh Holbrook Project Inspector: Project Inspector: BID No.B1400135 Page 57 REVISION OF SECTION 105 INSPECTION AND TESTING OF WORK Section 105 of the Standard Specifications is hereby revised as follows: Subsection 105.16 shall include the following: The Contractor shall keep the Inspector or assignee informed of his future construction operations to facilitate scheduling of required inspection, measuring for pay quantities, and sampling and testing. The Contractor shall notify the Inspector a minimum of 24 hours in advance of starting any construction operation that will require inspection, measuring for pay quantities, or sampling. Failure of the Contractor to provide such notice will relieve the owner and the Inspector from any responsibility for additional costs or delays caused by such failure. Inspection of the work or materials shall not relieve the Contractor of any of his obligations to fulfill his contract as prescribed. Work and materials not meeting specifications shall be corrected and unsuitable work or materials may be rejected, notwithstanding that such work or materials have been previously inspected by the Inspector or that payment therefore has been included in the progress estimate. BID No. B1400135 Page 58 REVISION OF SECTION 105 MAINTENANCE DURING CONSTRUCTION Section 105 of the Standard Specifications is hereby revised as follows: Subsection 105.19 shall include the following: The roadway area, including curb, gutter, and sidewalk, adjacent to and through the construction area shall be cleaned of debris by the Contractor at the earliest opportunity, but in no case shall the area be left uncleaned after the completion of the day's work. It shall be the Contractor's responsibility to provide the necessary manpower and equipment to satisfactorily clean the roadway area. The Contractor shall utilize a combination of pick-up brooms, side brooms and/or other equipment as needed to clean the streets. All sweeping and clean up equipment shall be approved by the Inspector prior to the commencement of work. The Contractor shall maintain the streets during the construction process as prescribed above. All cost of maintaining the work during construction and before the project is accepted will not be paid for separately, but shall be included in the work. BID No.B1400135 Page 59 REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC Section 107 of the Standard Specifications is hereby revised for the project as follows: Subsection 107.06 shall be revised to include the following: The Contractor and any subcontractor shall not require any laborer or mechanic employed in performance of the Contract to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety, as determined under construction safety and health standards (Rules and Regulations of the Federal Occupational Safety and Health Act of 1970 (OSHA) and as amended). All facilities and work conditions shall comply with the Colorado and Local Health Department Regulations and with OSHA requirements. Subsection 107.17 — Delete the third paragraph beginning with "Loss, injury, or damage to the work..." and replace with the following: Loss, injury, or damage to the work due to unforeseeable causes beyond the control of and without fault or negligence of the Contractor, including buy not restricted to acts of God, such as flood, earthquake, tornado, or other cataclysmic phenomenon or nature shall be restored by the Contractor at no cost to the County. Subsection 107.25— The Contractors attention is directed to this subsection. The requirements as called out in this subsection will be strictly enforced. Weld County has submitted an application to the State of Colorado for a General Permit for Stormwater Discharges Associated with Construction Activities. The Contractor shall be responsible for complying with the applicable requirements of this permit. The County Inspector shall serve as the Erosion Control Supervisor(ECS) for this project. BID No. B1400135 Page 60 REVISION OF SECTION 107 PROTECTION AND RESTORATION OF PROPERY AND LANDSCAPE Section 107 of the Standard Specifications is hereby revised as follows: Subsection 107.12 shall include the following: The fact that any underground facility - sprinkler systems, utility services, etc. - is not shown on the plans, details or construction documents shall not relieve the Contractor of his responsibilities as provided for in the Contract. It shall be the Contractor's responsibility, pursuant thereto, to ascertain the location of such underground improvements which may be subject to such damage by reason of his operations. Any pruning of vegetation shall require the written permission of the property owner and/or the Inspector. If the area to be repaired is five (5) inches or less in width, the Contractor shall clean the area of all debris (i.e. concrete, road base, etc.) to a minimum depth of four (4) inches, prepare all edges to be clean and vertical, and place (see below) and compact topsoil. The topsoil shall be compacted utilizing a hand operated roller or other method approved by the Inspector. For concrete repair locations, the placement of topsoil (backfill) shall be completed after seven (7) calendar days of the placement of the concrete or when the concrete meets the minimum compressive strength. The topsoil shall consist of loose friable loam reasonably free of admixtures of subsoil, refuse, stumps, roots, rocks, brush, weeds, heavy clay, hard clods, toxic substances or other material which would be detrimental to the proper development of vegetative growth. The material to be utilized shall be approved by the Inspector prior to placement. The topsoil shall be in a relatively dry state and placed during dry weather. The topsoil shall be fine graded to eliminate rough and low areas and ensure positive drainage. The existing levels, profiles and contours shall be maintained. If any portion of the area to be repaired is greater than five (5) inches in width, the Contractor shall clean and prepare the area along the entire length of the repair location as stated above to a minimum of one (1) foot, place sod over the entire area, water once, and notify the property owner in writing of the nature of the work that has taken place and that the sod will be watered only once. repaired is only damaged on the surface,the area to be g the Contractor shall remove the damaged areas of sod to a depth that will allow new sod to be placed, place new sod, water once and notify the property owner in writing of the nature of the work that has taken place and the fact that the sod will be watered only once. The minimum overall width of the area to be sodded shall be one (1) foot. For concrete repair locations, the placement of sod shall be completed after seven (7) calendar days of the placement of the concrete or when the concrete meets the minimum compressive strength. BID No.81400135 Page 61 Sprinkler systems - Sprinkler systems designated for relocation shall be capped off at the limits of construction and protected from damage by the contractor. Sprinkler heads shall be salvaged and stockpiled on each property for use when reconstructing the sprinkler systems. Sprinkler systems damaged outside of the construction limits as a result of construction operations shall be replaced at the Contractor's expense, within three (3) working days from the date of damage. In areas where the Inspector directs new work or the reconstruction areas require grade adjustment, the placement of topsoil, sod and sprinkler relocation will be provided by the County under separate contract. All landscaping that is damaged due to construction operations shall be replaced by the Contractor at his expense unless a written waiver is obtained from the property owner and submitted to the Inspector. Re-sodded lawns shall be watered once by the Contractor. All costs for protecting and restoring landscaping and lawns shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work, and no measurement or payment shall be made separately for the protection and restoration of landscaping and lawns. All restoration of landscaping and lawns damaged by construction operations, other than concrete repair, shall take place within three (3) working days from the date of damage. In areas where the Inspector directs new work or the reconstruction areas require grade adjustment, the placement of topsoil, sod, and sprinkler relocation will be provided by the County under separate contract. All labor, materials, tools, equipment, incidentals, and work involved in protecting or repairing underground facilities shall be considered incidental to the work being done and shall not be measured and paid for separately. BID No.B1400135 Page 62 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.01 Delete the second paragraph beginning with "The Contractor will be " BID No. B1400135 Page 63 REVISION OF SECTION 109 MEASUREMENT AND PAYMENT Section 109 of the Standard Specifications is hereby revised for the project as follows: Subsection 109.06 — partial payments, paragraph (a), (Standard Amount Retained). Delete the second sentence beginning with "The amount retained.....", and replace with the following: The amount retained will be 10% of the value of the completed work, to a maximum of 5% of the original contract amount. Subsection 109.07— Payment for Materials on Hand (Stockpiled Material). Delete and replace with the following: Partial monthly payments to the Contractor for completed work will include payment only for materials actually incorporated in the work unless otherwise approved by the Inspector. BID No. B1400135 Page 64 REVISION OF SECTION 202 REMOVAL of STRUCTURES and OBSTRUCTIONS Section 202 of the Standard Specifications is hereby revised for the project as follows: Subsection 202.01, add the following: This work consists of sawing and cutting to facilitate controlled breaking, removal and disposal of concrete and asphalt to a neat line. (Typically 90°), as shown on the plans or at locations directed by the Inspector. The costs associated with loading, hauling, and dumping the asphalt shall be considered subsidiary to the asphalt removal bid items. Subsection 202.11 is revised to include the following: Sawcutting related to the items described in Revision of Section 608, Sidewalks, Curb & Gutter, Drive Approaches, Aprons, Crosspans, and Concrete Pavement, shall be considered a subsidiary obligation of the Contractor, and shall not be measured or paid for separately. BID No.B1400135 Page 65 REVISION OF SECTIONS 608 AND 609 SIDEWALKS, CURB & GUTTER, DRIVE APPROACHES, APRONS, CROSSPANS, CONCRETE PAVEMENT AND CHASE DRAIN Sections 608 and 609 of the Standard Specifications are to be deleted and replaced with the following. Monolithic hybrids of curb, gutter, sidewalk and high back vertical curb and gutter will be replaced using the same configuration as it was originally installed, unless a flaw in its engineering should become apparent. In these cases the design may be modified by the Inspector. The finished exposed surface and edging of the concrete will match as closely as possible the surface treatment of the surrounding existing concrete. The mix designs for all types of concrete to be utilized shall be determined by the Contractor and submitted to the Inspector and approved a minimum of one week prior to the beginning of construction. The contractor shall use 'Class D concrete 4500 PSI or Equivalent as per Standard Specifications Section 601.02, for Road and Bridge Construction 20011." Calcium Chloride shall not be utilized as an accelerating agent. The Contractor shall furnish a load slip. In addition, the type of concrete (mix code) shall be shown on each load slip. Concrete delivered without a load slip containing complete information as specified will be subject to rejection. Restoration of landscape shall be in accordance with "Revision of Section 107 - Protection and Restoration of Property and Landscape"found herein. The time frame for restoration shall be within seven (7) calendar days from the time the concrete was placed or when the concrete meets its required compressive strength for backfill with topsoil for sod replacement. The Contractor shall be responsible for the protection of the sub-grade/base course until the concrete is placed. The Contractor shall protect the concrete against moisture loss, rapid temperature change, rain, flowing water, mechanical injury, pedestrian and vehicular traffic, and Contractor's equipment for a minimum of 36 hours after the placement of curing compound for 48 hours high early concrete and when the concrete meets its required compressive strength. Concrete blankets shall be used when the temperature is expected to fall to 34°F or below within 36 hours after placement of curing compound for 48 hour high early concrete. Asphalt patching against fresh concrete shall not be permitted during the time frames for protection of concrete stated above. All weather days shall be determined through the NOAA web site at www.NOAA.gov. The debris immediately adjacent to a concrete repair location shall be completely cleaned up on the work day following the placement of the concrete. If required, the concrete shall be protected as stated above. Any damage caused during the cleanup process shall be the Contractor's responsibility. All placed Curb & Gutter and Valley Pans shall have positive drainage, no bird baths will be allowed. The Contractor shall provide Weld County Engineering with an As-built drawing of the Curb & Gutter and Valley Pan flow line elevations to ensure compliance of proposed finished grade elevations. BID No.B1400135 Page 66 Chase Drain—This bid items shall conform to Standard Detail on page 75. This bid item is for providing all labor and materials which results in a competed sidewalk chase drain (Everything between the expansion joints). This item is to be paid for as a lump sum item at each location on WCR 5.5. BID No. B1400135 Page 67 REVISION OF SECTION 630 TRAFFIC CONTROL Section 614 of the Standard Specifications is hereby revised as follows: Subsection 614.15 shall be revised as follows: This work shall consist of furnishing, installing, moving maintaining and removing temporary traffic signs, advance warning arrows panels, barricades, channelizing devices, and delineators as required by the latest revision of the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD). When a device is not in use, the Contractor shall remove it from the project for the period it is not needed. Devices temporarily not in use shall, as a minimum, be removed from the area. Moving will include devices removed from the project and later returned to use. Payment shall be lump sum. Traffic control devices shall be placed and/or stored in the County right-of-way in such a manner that minimizes the hazards to pedestrians, bicyclists and vehicles. Traffic control devices shall be removed from the site immediately upon completion of the work for any street(s). Subsection 614.16 shall include the following: All traffic control devices placed for this project must meet or exceed the minimum standards set forth in the MUTCD. All traffic control devices shall be clean and in good operating condition when delivered and shall be maintained in that manner on a daily basis. All traffic control devices shall be clearly marked and free of crossed out information or any other form of defacement that detracts from the purpose for which they are intended (i.e. crossed out information, information written in long-hand style, etc.) Additionally, any sign blank with sign faces on both sides must have the back sign face covered when in use to avoid confusion to motorists traveling in the opposite direction and other potentially affected parties, such as residents affected by any information the sign may present. Subsection 614.20 shall be revised as follows: Traffic control through the construction areas is the responsibility of the Contractor. For all locations, a Traffic Control Plan shall be prepared. The Traffic Control Plans shall be submitted for approval to the Inspector by 8:00 a.m., two working days prior to the commencement of work. (Note: Traffic Control Plans for work done on Monday and Tuesday shall be submitted the previous Friday by 8:00 a.m.) Full road closure is prohibited. All plans shall be delivered to the Weld County Public Works Engineering Department, 1111 H Street, Greeley Colorado, 80632. Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Traffic Control Plan has been approved. Failure to have an approved Traffic Control Plan shall constitute cause for the County to stop work, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. The Traffic Control Plan shall include the following a detailed diagram which shows the location of all sign placements. Parking Restriction Plans shall be submitted and approved which show the location and quantity of "NO PARKING" signs, the date to be placed, and the date to be removed. The Parking Restriction Plans shall be submitted to the Inspector by 8:00 a.m., two working days prior to the commencement of work. (Note: Parking Restriction Plans for work done on Monday and Tuesday shall be submitted BID No. B1400135 Page 68 the previous Friday by 8:00 a.m.) All plans shall be delivered to the Weld County Public Works Engineering Department, 1111 H Street, Greeley Colorado, 80632. Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Parking Restriction Plan has been approved. Failure to have an approved Parking Restriction Plan shall constitute cause for the County to stop work, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. Notification of residents and businesses shall be the responsibility of the TCS and shall consist of distributing letters indicating the nature of the work to be completed, any special instructions to the residents (i.e. limits on lawn watering during concrete pouring, etc.), the dates and times of the work, and the parking and access restrictions that will apply, as well as thorough information placed on "NO PARKING" signs. Sample letters will be provided by the Inspector and shall be distributed prior to the commencement of each phase of the work. Letters shall be submitted with the Traffic Control Plans for approval. Approved letters shall be distributed a minimum of 48 hours prior to the commencement of work. (Note: The time frame criteria for distributing letters are the same as for posting "NO PARKING" signs.) The cost for preparing and distributing the letters shall be included in the lump sum cost for traffic control. Traffic control management shall be maintained on a 24 hour per day basis. The Contractor shall make arrangements so that the Traffic Control Supervisor or their approved representative will be available on every working day, "on call" at all times and available upon the Inspector's request at other than normal working hours. All costs associated with "on call" service, excluding actual hours worked, shall be included in the contract unit price for Traffic Control. All traffic control devices shall be placed under the supervision of a Traffic Control Supervisor. The Traffic Control Supervisor shall have up to date copies of the Part VI of the MUTCD, pertaining to traffic controls for street and highway construction, available at all times. Subsection 614.23 shall be revised as follows: "NO PARKING" Sign with stand will not be measured and paid for separately and not included in the item for Traffic Control. "NO PARKING" Sign with Stand shall consist of a metal sign attached to a device (stand) such as a Vertical Panel or Type I Barricade. The sign material and stand shall be approved by the Inspector. The sign material and stand will not be measured and paid for separately but shall be included in the Contract Unit Price for "NO PARKING" Sign with Stand. The cost for"NO PARKING" Sign with Stand and Side Walk Closed signs will be paid on a lump sum basis and shall include delivery, rental, setup, modification, maintenance, and pickup. "NO PARKING" and "SIDE WALK CLOSED" signs must remain in place until the sidewalk is open to traffic. The "NO PARKING" signs shall be in effect for one or two days only. Traffic channelizing devices consisting of vertical panel, cones, or drum channelizing devices will be paid by the lump sum bid. This includes barricade warning lights and advance warning flashing or sequencing arrow panels. The cost for setting up equipment, modifying equipment, maintaining equipment, and picking up equipment (not including "NO PARKING" Sign with Stand) during authorized days shall be included in the Contract Unit Price for Traffic Control. The cost for Traffic Control Devices, not including "NO PARKING" Sign with Stand, shall include delivery, rental, and pickup. The cost for setting up equipment, modifying equipment, and maintaining equipment will be paid for under the Contract Unit Price for TCS as described above. The cost for "NO PARKING" Sign with Stand shall include delivery, rental, setup, modification, maintenance, and pickup. BID No. B1400135 Page 69 Payment shall be full compensation for furnishing, erecting, maintaining, moving, removing and disposing of construction traffic control devices necessary to complete the work. All construction traffic control devices which are not permanently incorporated into the project will remain the property of the Contractor. The flaggers shall be provided with electronic communication devices when required. These devices will not be measured and paid for separately, but shall be included in the work. Sand bags will not be measured and paid for separately, but shall be included in the work. The County shall not be responsible for any losses or damage due to theft or vandalism. BID No.B1400135 Page 70 REVISION OF SECTION 630 TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised for this project as follows: The Contractor shall install, move and maintain signs that shall be in compliance with the Manual on Uniform Traffic Control Devices. The Contractor shall also provide certified flaggers for the possible need to control local traffic during construction. See signing diagram. It shall be the Contractor's responsibility to clear parking from the streets when such parking will interfere with the work. Prior to work that requires the street(s) to be closed to parking and/or traffic, the street(s) shall be posted for"NO PARKING". The placement of these signs shall take place at least 24 hours prior to the commencement of work and shall clearly show the type of work, and the day, date and times that the message on the sign is in effect. (For example, if a street is to be patched on Wednesday, July 2, the street shall be posted no later than Tuesday, July 1, by 7:00 a.m. with a sign that reads similar to "NO PARKING.) See sample "NO PARKING" sign. "NO PARKING" signs shall remain in place until the street is opened to traffic and all clean up operations completed. All information on the "NO PARKING" signs, with the exception of the date, shall be in block letters permanently affixed to the sign. Any information added to a sign, such as dates, shall be clearly legible and written in block style letters. The "NO PARKING" signs shall be in effect for four days. Any work done by the Contractor without traffic control will not be paid for under the terms of this Contract. The Contractor will not be paid for traffic control costs incurred during Contractor caused delays. At or near the end of each work day, a representative of the Contractor, the Traffic Control Supervisor, and the Inspector will meet to discuss the progress of the work and the placement of traffic control devices including "NO PARKING" signs. Any necessary adjustments shall be made. The Contractor shall also review at this time with the Inspector the proposed means of handling parking and traffic control for upcoming work. It is the responsibility of the Contractor to minimize any inconvenience to the public as a result of this work. The Contractor shall maintain access at all times to all businesses within the project. Any changes in the traffic control, including additional signs, barricades, and/or flaggers needed in the field shall be immediately implemented as directed by the Inspector. BID No. B1400135 Page 71 NO PARKING J BID No.81400135 Page 72 NO PANKOW tt111 � _Rti _� ,_ .�� M)CJOIG SCU NULK CW5IA .� e uHx Example of Side Walk Closure and No Parking Sign. BID No. B1400135 Page 73 1! } _ s� LEGEND 4 1/wf ff.. * no-t--i t uo-ia ,-2!b • Cf ANNEL ZING DEYKE:FP TIT OF DEVICE r DE us SEE SCHEDULE OF TRAFFIC I t -- CIONTIOLII CCVCC[S 'CUM Dr RA PLAKS cz�e ..• re \:''�.-. ' [BLAHS aR VERTYaL PANELS SIHLL BE Ht5ED N0 © }_-_� * '4 • Tr DELJt&ATE THE LANE CLOSURE TAPER �4 TAR IIi dMIR[tID[ ® _ lk I G�� = n r2o-+ As24. 6 ` onw.ta ws-s� "'-' ,o�w. • � +ao-- •�-` CattRFTE DARER (TEUPOrARY', '4 --� ♦®- l ..6 t '0/ 'c 1 xn' u RACER :�a�"�r"> \."° r j5 `,1 .1�' -'� J 4 DPECTI RI OF rnA'AEL lii 4. —• • f�- c °PPE[Q _. ►:•:..•, quit AA1f► 50'04 •. �1 L ]1iAA6IT47M TAPES LEHlnT�t /a* * "' *,....r.mrtiv • '' *i L+ YI►4t* LENGTH CF TAPER (g>. -•-•••-• �,.4 1 E w.; TEED 15 YPH Di YdE L= S r'N * wa-0o 070-m SPEED IA OPH OR LESS:t•m IN-: f2G-4 r10-7 sow ' / — L �/ S— 4114:1 JL V&LE CF SPEED LOAN ..g 'i:1_7 '2°-4 OR RS PENCEW1[LE SPEED / I t '• V=WIDTH OF OFFSET j :104c,�� V �= 51•OLDER TAPER=I/3 L CASE NC.19 J TYPICAL APPLICATION OF TRAFFIC CONTRD1i r• OM AROUND A WORK AREA NEAR AN INTERSECTION 4c, tip- • IG-� 1 CI( 1Rh ITED ATTE,IMTOR [j•MA; 1 CUM 201[ (SEE GENERAL MITE 16). 4- PLASHING Exam ♦ IfEsE MAKES NE OPTIONALTHEIR :2O Banc If�TOUR OUIGN aA/t/IXI�S�COPET i •*EL ORM C3HSTRUCTION ACTIVITY AMO *1 P2-uw moll ga Souncr rs TW VW ROVED RMEN 11'EV de Raze XXOZABSISEEMEIM I* THE SCI RULE 7• CONSTRUCTED% R-z4. C30-6111 MMES. _—_ MARES I JFER WACE ,SEE GENERAL NUlE 21 ��,��►— — ' ::. a SHEET II . . > e I - a "a • • MEOWED THEN MK OcCiPES DE • %' . / •l� S �� .� --- LtKATIaN FOR t� THAN 3 pA"S l • sl�Orr1 ro�r «• IM i s -s•,. [DES ri k 1 1P R1M„ �� tb � ' TI r 17R1URL[ SIrNI NITTES ON V "^ ` \! sPC-t slaty Is REasf I N►EN 5ECT1ofN a �� t26 'RELIC D�FDRMA.TION S[A'IICE9' CASE NO. 17 PPC.(CT SPECIAL PPOVIS174 M SHEET SPV.IFITYPICAL APPLICATION CT.1� IS 11!(k/IR WITH LANE CLOSURE. 2-LAME HIGHWAY.AT CURVE BID No. B1400135 Page 74 FORCE ACCOUNT ITEMS This special provision contains the Owner's estimate for force account items included in the Contract. Such estimated amounts will be added to the total bid to determine the amount of the performance and payment bonds. Force account work shall be performed as directed by the Inspector. BID No. B1400135 Page 75 FORCE ACCOUNT ITEMS DESCRIPTION This special provision contains the Departments estimate for force account items included in the Contract. The estimated amounts marked with an asterisk will be added to the total bid to determine the amount of the performance and payment bonds. Force Account work shall be performed as directed by the Inspector. BASIS OF PAYMENT Payment will be made in accordance with subsection 109.04. Payment will constitute full compensation for all work necessary to complete the item. Estimated Force Account Item Quantity Amount F/A Minor Contract Revisions F/A $5,000 F/A Minor Contract Revisions—This work consists of minor work authorized and approved by the Inspector, which is not included in the contract drawings or specifications, does not already have an existing unit price bid item, and is necessary to accomplish the scope of work for this contract. BID No. 81400135 Page 76 REVISION OF SECTION 108 LIQUIDATED DAMAGES Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.08 delete the first paragraph and replace with the following: 108.08 Failure to Complete Work on Time. A daily charge will be made against the Contractor for each calendar day, including free time that any work remains uncompleted after the elapse of contract time. This daily charge will be deducted from any money due the Contractor. This deduction will not be considered a penalty, but as liquidated damages. In subsection 108.07 delete the schedule of liquidated damages and replace with the following: Original Contract Amount($) From More Than To And Including Liquidated Damages per Calendar Day($) 0 100,000 186 100,000 250,000 321 250,000 500,000 450 500,000 1,000,000 913 1,000,000 2,000,000 1,259 2,000,000 4,000,000 1,514 4,000,000 10,000,000 1,984 1,984 plus 217 Per Each Additional 1,000,000 10,000,000 Contract Amount or Part Thereof Over 10,000,000 BID No.B1400135 Page 77 REVISION OF SECTION 108 SUBLETTING OF CONTRACT Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.01, second paragraph, delete the first sentence and replace with the following: The Contractor will be permitted to sublet a portion of the Contract, however, the Contractor's organization shall perform work amounting to 30 percent or more of the total contract cost. BID No. B1400135 Page 78 APPENDIX Item Page No. Walton Building (Parking Lot Cross Pan 80-81 WCR 5.5 (Sidewalk Chase Drain) 82-84 1150 O St. (Curb) 85-86 BID No.B1400135 Page 79 PROJECT LOCATION MAP The project lies in the north parking lot of the Walton Building. Located West of 11th Ave just south of the D St. in Greeley. t f .0. I 3ID I 'ter a4. - �- . / I � W � Y Pi i, v� Y . I • % ...,. . .. + ,,{yam ® • y ar.ti *1 t. r • • _i' BID No. B1400135 Page 80 Standard Detail Cross Pan )ESIGNED PAVEMEN 1 SECTION cry' l i i IAtN MDT-. .-1/B'' R. j I zz /! (I^P.) SLOPE. '/s' PAR FT 1O c- COMPACTED SUeGRAcE SECTION VIEW NOTES: 1. MINIMUM OF 0.61C LONGITUDINAL SLOPE FOR CROSS PANS. 2. MAXIMUM SPACING OF CONTRACTION JOINTS - TEN (10) FEET. 3. DOWELING MAY BE REQUIRED AT CERTAIN COLD JOINTS AT THE COUNTY'S DIRECTION, BASED ON SPECIAL SUBGRADE CIRCUMSTANCES. 4. CONCRETE SURFACES TO RECEIVE A UGHT BROOM FINISH. 1$6i l • BID No.B1400135 Page 81 PROJECT MAP WCR 5.5 North of Hwy 119 (sidewalk Chase Drains) 4"+ Moo. _ TT- 45 i � ��_, 0 . ,\ t. #, ' fig ti `krOtY'.. �1 iut / ,,,, A f { • r 4.y d� ,ir „, , r.......r., 4 ' Y ). r* (-- .14 74c--50 IMMIIIIIIIIIIIIIIIIIIIIIIIIIMIll 4Y H1n/ Y - 119 BID No. 81400135 Page Standard Detail Contraction and Expansion Joints OUTDOOR INDUSTRIAL RATED SILICON CHALKING OR APPROVED EQUAL (2).., A"ERIAL FLUSH II'r SIDEWALK `t r' +/2' PREMOLDED !eON—EXTRUDING /4' R. (','YP,)— \ / EXPANSION MATERIAL TO MEET AASH'O / SPEC. M-59. EXTEND FUL. OEPTh OF r,/ 1-3/''./ 3/a / CONCRETE. ••/ • , 1 •+ n 4 • 4 EXPANSION JOINT NOTES FOR EXPANSION JOINTS: 1. EXPANSION JOINTS REQUIRED AT 400 FOOT MAXIMUM SPACING. ADDITIONAL JOINTS MAY BE REQUIRED AT THE DISCRETION OF THE ENGINEER. 2. SAND BLAST AND PRIME AS PER MANUFACTURER'S SPECIFICATIONS. -GROOVE JOIN T I/4" ^. (TYP) .— ---� s... !r' MAX. I -IE . •R • • • t 1 •• } +• Al '.1 •D • • • 3 �• A " 44 .� CONTRACTION JOINT NOTES FOR CONTRACTION JOINTS: 1. FORM WITH TOOL TEMPLATE OR SAWCUT JOINTS. 2. SAWCUT JOINTS, IF USED. SHALL BEGIN AS SOON AS CONCRETE IS HARDENED SUFFICIENTLY TO PERMIT SAWING WITHOUT EXCESSIVE RAVELING AND BEFORE UNCONTROLLED CRACKING OCCURS. 3 MAXIMUM DISTANCE BETWEEN JOINTS IS TEN (10) FEET AND MINIMUM DISTANCE IS FIVE (5) FEET. M 1861 r = 1, co4NT BID No. B1400135 Page83 Standard Detail Sidewalk Chase 4 -8" MIN. SECTI)N -EXTEND CONCRETE / v� 21 +ACS. %. h SW I ^..r''� CHANNEL BOTTOM A A MIN. OF 6" PAST THE CHASE OPENING. RAISED PA''TERN NOti-SKID GA!VANIZED ;, . STET. zL ATE d (AAS.TO m-111),., • _• • —PLACE. F'RS1 SCREW ^r. / 6" FROM FRONT EDGE knh e . n O= Di.ATE. SCREWS ON ONE SIDE ONLY•L AA AA �•y AAA b n.s • • .(2) • •• . (2) • • . • r • • ••e • d. . • • e c •• EXPANSION SEE DE'AIL "A" ,,OAT (TYP (SHE,T 2 OF 2) _-SLOPE PLA'E TO BOTH SIDES)__/ PLAN VIEW MATCH SOEWA!K i— - __...._..--WO-I. Of SIDEWALK PLUS 1'-4 1/2'•— __ _....1 .-•-I I ..A 1/2" g. Iy-�I g" r•- ..- Match Ezi.4ting- I SACK O:' CURB BACK OF SIDEWALK r MN. } L • ' = HANN'',. 2R _N THE DIRECT'ON OF THL NOW. 1•6•.. __ - t__�- I ----Ill.-Z:1 I I �I i i I /2• (5) ., \ FLOWLINE "11::::7-1IELI1I^.'7�'?-1 17111--� _ EXrEND CONCRETE CHANNEL SECTION A-A BOTTOM ,ASt rHE CHASE. OPE:N:NG - w ,� .. CA,.I-K OVER EXPA%SIQN BOTH SIDE`?) ._1`- -V4 q•c:i '2" MIN , ..__I MAR-.R At. (Se.._ JCIN' OcTAILS)7 1 S -y '/c" MIN. !3 . -- SCREWS 1/2" SPACE i _ TT I ----- /4• • YA«1:E S•n� • N, 1 _..--. . •• •• • ...�i. � --II •�• •1 • i.t e — r �....• I. • • A • i 1 _ i i 18'"AO a InWEL q" 4N - 2.I SLCC E BAR. =I'HE.R GHEASE;, 6- -i— r'!1' BO :-I S:.'si OR SLEEVED 2A ).-=. R) - SECTION B-B t86i Siaewalk Chase ) f i r ' -- kLi r BID No. B140013S Page 84 PROJECT MAP 1150 O St.Southeast Corner of Parking Lot(Curb) - ., . - =r . d , ., 'NCR 64 dr' t V roc . Trif n .. • I _ . p_ _ t •, , __ ...,,, t, . .• ____ :4, i ..,1-, . . .._. k ,tr., . __ .._ , . _ , . . ., _ _... . . Oill" illr i . Alt mow• �� i I ir . , �t M1 r . 1 i , _ . . 0 = — w. rd � � } t v ! n s BID NO B1400135 Page 85 Standard Detail Curb Type 2 r- 6�.j1. 11/4" A C I ...__.__ FL .,,,,,,i, , .. - , • ey ROADWAY ---,,e_- :'� r �` ' : . PAVEMENT '' - . a - iv . -•F 11-6" . l 'r• 1 1 S' "may r + � .� .W ? CURB TYPE 2 .1 . .J. . . �..� (SECTION B) �"j �. • '1 f w �+ s 6 IN . BARRIER Match existing drainage outlet against Island BID NO B1400135 Page 86 i CJ G tiJ r, V V i ci a Q Q Lr' c ? c V �; V\1'• G `, o ER ER ER ER ER ER ER ER- ER ER ER ER 69- pi CA o p a Cl O G �Ci V ® v V a o 2Q a t'j L� ` '� .c- �1 G •G o I- 74 hC — -- PS v u rx `2 4 in- in. ER ER E13 Ef} ER Ef} ER ER Ef) ER Eft Ef} X ,J (m ill W ,j Z to ^!J .J R) "' O N n m z _ �y u z ' a\ `� < X = - W s/'1 m Z O co v cc) CV O v N la N M a cA o r c- m a Z J (/) 0 O (/) Cl) Wal J J W u. 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ZW c In I- 1.- I I- co o .i CA S Q Z (x M 0 oar a n• ni ri v try W w in a. l- c U O m Z � w Z 0Q z Z W no Iu W C9 lU W o I- L < U I-- 3 Z m NOTE: The following are items of work to be completed by Weld County: Prior to Project Construction NA During Project Construction Materials Quality Acceptance Testing ri Construction Inspection After Project Construction NA RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings,Specifications and other Contract Documents. Addendum No. i'\) C,U a✓ Date: By: Addendum No. Date: By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. SIGNATURES: Dated this / 5 day of LC-1-6 6 L-� 2014. FIRM NAME Lui �,.c) G:-wk.,,r r C iIS Tkutc.i L c. _E (._ BY: LL-----o 1k'4/ /):S S 0 TITLE: C Lt: ti L g. /fr .6 S 0 r:,_ T BIDDER'S LEGAL SIGNATURE: :,_7,; STATE OF INCORPORATION: Co Lo g,90 0 ADDRESS: `/ / 3 /C L,_ C I? 3 3 C f c, ✓3GX L 'il) FreRc6 Cc, U4; 50 TELEPHONE NO: 9 7 U S 3`7, -c, S? 1 FAX NO: 9 '7C . 3`/- ii--b-/ ATTEST 3Y: � AA, i).. BID No.B1400135 Page 19 From:Velene Mathrason I-axID:9706359401 Page 2 of 2 Date 10/31/2014 01.49 PM Page.2 of 2 ,4► ax, � CERTIFICATE OF LIABILITY INSURANCE I DAIn/3112(11^D ) I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PFS Insurance Group-DV PHONE ;FAX — 7200 S Alton Way,Ste A-140 EYçAi.E°: •IAIC,No). Centennial,CO 80112 ADDRESS. Jim Olafson NSURHt{S)AFFO ROW COVERAGE NAIC INSURER A Pinnacol Assurance Co 41190 INSURED Weld County Construction (WAINER B:Mountain States Insurance Grp Company Inc.; Leo Naranjo xeSUIRe: `— P.O. Box 67 Pierce,CO 80650 -INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. fN$R' T------ ADDCSUBFp POLICY EFF POLICY EXP LTR TYPE OF INSURANCE MISR yyyp I POUCY NUMBER ,(MNODIYYYY} (PA MIDDIYYYY) LIMITS GENERAL LIABILITY , EACH OCCURRENCE S 1,000,00q B X r COMMERCIAL GENERAL LIABIUTY ICPP0256448 02/15/2014 02115/2015 DAMAGE TD RENTE 100,000 PREMISES(Eaoccarencel S JCLAIMS.MADE X OCCUR I MED EXP(Any one person) S N10,000 X Blanket AI PERSONAL 8 AOV JURY S 1,000,000 X Blkt Waiv of Subr i GENERAL AGGREGATE S 2,000,000 Gem_AGGREGATE WAIT APPLIES PER: PRODUCTS. COMPIOP AGO s 2,000,000 } 7 POLICY 1 ,!TPA 17 LOC S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ma accident} S ANY AUTO BODILY INJURY(Per person) S — ALL OWNED —SCHEDULED BODILY INJURY(Per accident) S HIREOS D AUTOS ~NON PROPERTY DAMAGE S _ AUTOS (PER ACCIDENT) S UMBRELLA UAB OCCUR EACH OCCURRENCE S — EXCESS LNB CLAMS-MADE AGGREGATE S DEO 1 J RETENTION S 1 S WORMERS COMPENSATION X ORY UATUS 1 I Eli AND EMPLOYERS'LIABILITY I A ANY PROPRIETORRARTNERJEXECUT1VE Y 1 N 4653043 0210112014 02/0112015 E.L.EACH ACCIDENT S 100,000 OFFICERMIEMBER MI UCEDT NI A Mandatory MNH) E.L.DISEASE-EA EMPLOYEE S 100,000 II yes.describe under DESCRIPTION OF OPERATIONS below E L.DISEASE-POLICY UNIT S 500,000 B Equipment Floater CPP0080239 02/15/2014 02/15/2015 leased/Re 25,0001 Ded 500 DESCRIPTION OF OPERATIONS f LOCATIONS!VEHCLES (Attach ACORD 101,Additional Remarks Schedute,d more space Is rpulred} Project N 2014 Concrete Maintenance s Repair Contract. If required by written contract or written agreement, the certificate holder is included as additional insured for ongoing operations under general liability. CERTIFICATE HOLDER CANCELLATION WCPUB-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Weld County Public Works P.O. Box 758 AUTHORIZED REPRESENTATIVE 1111 H Street Greeley,CO 80632 It,1968-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Form VV-9 Request for Taxpayer Give form to the ;Rev October 2007) Identification Number and Certification requester.Do not r th — .... send to the IRS. 1-icmoIf ;,:a6:2Ti^o" I Nafine(as Shovm on your income lax return) 1t i✓r•o Business name, if different from above 6I Cam)EU ) CcU,ury Cc,As!xUC/irc'-' ZitG rr' L Check appropriat•box: O IndividuaVSola proprietor D Corporation D Partn-:rsnip G p Exempt Q Limited liability company.Enter the tax classification(D=disregardetl entity.C=corpomtion.P.portnership) payee o L { p 0thor(eee netrucccne; ;:"In I Address (number, street and apt. or suile no.) Requester's name and...ddress(optiorot) I: 1 t') F (2 L'x C,�) tl..o I '0 I City,slate.and ZIP code I m DZ zCt Co 06 C.1 List account numbert.s;here(optiala0 ruin Taxpayer Identification Number(TIN} Enter your TIN in the appropriate box The TIN provtded must match the name given on Line t to avotd I Socialsecu ty number backup•tlithholding.For individuals,this is your social secLtnty number (SSN). However,for a resident alien.sole proprietor,or disregarded enttty,see the Part I instrctctions on page 3. For other entities.'t is your employer identification number(EIN).If you do not have a number,see How to get a TIN on page 3. or Note. If the account is in more than one name seethe chart on page 4 for guidelines on whose Employer identification number number to enter. s 7- //tj 2 2 Z Immo Certification Under penalties of perjury,I certify that: 1. The number shown on this form is my correct tnxpnyer identificntion number(or I nm wniting for n number to be issued to me).and 2. tam not subject to backup withholding because:(a)I am exempt from backup withholding,or(bi I have not been notified by the Internal Revenue Servtce (IRS)that I am subject to backup withhdding as a result of a failure to report all interest or dividends,or(c)the IRS 11as notified me that I am no longer subject to backup Withholding. and 3. I om o U.S.citizen or other U.S.person(defined below). Certification Instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup wlthholdtng because you have failed to report all Interest and dividends on your tax return.For real estate transactions,item 2 does not apply. For mortgage interest patd,acqutsition or abandonment of secured property, cancellation of debt,contnbuttons to an individual retirement arrangement (IRA).and generally,payments other than interest and dividends.you are not required to sign the Certtftcation.but you must provide your correct TIN.See the instructions on page Sign I Signature of L/ Here U.S.person.,.. ��.. Date.,.. / G /—/ General Instructions Definition of a U.S.person.For federal tax purposes. you are considered a U.S.person if you are Section references are to the Internal Revenue Code unless -An individual who is a US citizen or U S reside/ alien. otherwise noted. -A partnership.corporation. company.or association created or Purpose of Form organized in the United States or under the laws of the United A person who Is required to file an information return with the States. IRS must obtain your correct taxpayer ident ication number(TIN) - An estate(other than a foreign estate).or to report. for example. income paid to you. real estate -A domestic:trust(as defined in Regulations section transactions. mortgage interest you paid.acquisition or 30t.7701-7). abandonment of secured property_cancellation of debt. or Special rules for partnerships.Partnerships that conduct a contributions you made to an IRA trade or business in th€United States are generally required to Use Form W-9 only if you are a U.S.person(including a pay a withholding tax on any foreign partners'share of inwme resident alien).to provide your correct TIN to the person from such business. Further. in certain cases where a Form W-9 requesting 11(the requester)and. when applicable. to: has not been received. a partnership is required to presume that 1.Certify that the TIN you are g;ving is correct (or you are a partner is a foreign person and pay tte withholding tax. waiting for a number to be issued). Therefore if you are a U.S.person that is a partner in a 2.Certify that you are not subject to backup withholding, or partnership conducting a trade or business in the United States. provide Form W-9 to the partnership to establish your U.S 3.Claim exemption from backup withholding if you are a U.S. status and avoid withholding on your share of partnership exempt payee.tf applicable. you are also certifying that as a income U.S.person, your allocable share of any partnership income from The person who gives Form W-9 to the partnership for a U.S.trade or business is not subject to the withholding tax on purposes of establishing its U.S.status and avoiding withholding foreign partners' share of effectively connected income on its allocable share of net 111come from the partnership Note.If a requester gives you a form other than Form W-9 to conducting a trade or business In the Untied States is in the request your TIN,you must use the requester's form If it is follo'lling cases: substantially stmilar to this Form W-9. -The U.S.owner of a disregarded entity and riot the entity. Cat. No. 10231X Form W-9 (Rev.10-2007) BJD No.8/400135 Page 22 STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: C 661-t;� 1, :2..G/`I All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable, responsible and qualified bidder as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. 1. Name of Bidder _ (Company or Firm): r: D C6Leit;ry Cc:r i 5/x(,t C / 1G i, _L 2. Permanent main office address: 1/y3J' (,)CR 3 ( Pc acx b2) t2CF C C g)065 Phone Number: / 7 v 5 3 Li- G 4' , Fax Number: /7G .- 3 `/ —/6 £f% 3. Year Company was organized: GO.2_ 4. Number of years this Company has been engaged similar construction: J,2, /RS Under what firm,company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work? 5 1.0 P, rau,s /-4 Ccrlcttrrt .-N c- faS, C- r"c,2 1, s 4- cc_ r.Lc 5. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: TEA,tir - LZi i 7 iL $ 316 -) so -l/ $ 6. List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. G!ve..— 7. List ail contracts within the last 3 years for which liquidated damages were assessed or may be assessed. !J ON C.- 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. BID No.B1400135 Page 23 9. List all contracts within the last 3 years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. . ..1'11 a- 10. Has any owner, as party to any of the Company's contracts within the last 3 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc.,or attempted to have the performance bond invoked'? If yes, explain in detail. NU 11. Describe all contracts that the Company failed to complete. JCAle 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. A.)0 NC- 13. List all or a maximum of three(3)of the most recent projects, similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction at the present time. List the project name, location, project superintendent, owners representative and phone number, date completed and contract amount for each project. Project Name: C6 i ti`Z•4[ C �,i Tit -T- L. Location: ( r=.t 7--EA-tL'IA-L- Supt: -LHA. CA K_C i,-1 _ Owner's Representative: L c C ;(,°.4x v 43 3 u Phone:"/)6 3 `t - G S'? SU Completion Date: /C- S- 1/ Contract Amount. 3 `I Project Name: ;CG I.L /3/L 3 C-t K(--7/-4/4-,6-5 Location: j.)EL D C t,u `/ Supt: i C;1-tn: 44f .(Z Owner's Representative: / EGA `-1,),A 3 C Phone: 97z -5 3 V-i 'l7 Completion Date: I ,� - .2 3 --/2-- Contract Amount-27 BID No.B1400135 Page 24 Project Name: c/C /3 K1-0 c E 3 Location: l.L E i_1i C c u, raj Supt: it, T Owner's Representative: L is ;i,? '., ,c ', Phone: ')% S Y ci Completion Date: ! -3 c, - / Contract Amount: 16/3 7� •'C•/, G c 14. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH,WITHIN 24 HOURS AFTER THE BID OPENING,A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15%OR MORE OF THE WORK. SUBCONTRACTOR WORK DESCRIPTION % OF WORK 15. List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc. YRS_ PERTINENT NAME TITLE EXPERIENCE Ltd, 3 •,r K 3? 16. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. BED No.B1400135 Page 25 The undersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this 1 5 day of OC TCL3 C i , 2014. Bidder: t,�,r E LD i 11 i ry !iS rr u C T7I&+c-'' Company By: Signature Name: Lic gA" A.:3.0 (Please Type) Title: f�i S_.2:p E,v 1 NOTARY County of (Z d ss. State of Leo !" r a VJ J 0' being duly sworn,deposes and says that he is ('(, YJ?. f of lead C6i-01114 tvetStn C.ti in, and (Title) (Company Name) that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn11.4 / 11 before me this — day of 1✓i� iv ; r)U r , 2014. KRISTINA RAE OURAN (SEAL)STATE OF COLORADO NOTARY to 2013404324 . MY COMMISSION EXPIRES 7.25-2017 _ 5 .21)11'4' /2/1,4:1}-ftt). *Li CLe\-1 Commission Expires Notary Public BID No. B1400135 Page 26 p. 3 BID BOND 2014 CONCRETE MAINTENANCE AND REPAIR CONTRACT KNOW ALL MEN BY THESE PRESENTS,that Weld County Construction Co. , Inc . as Principal,and Old Republic Surety Company as Surety,are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner) in the penal sum of 5% Amount of R i rl Dollars ($ 59,-, n f ui ] lawful money of the United States of America,for the payment of which sum well and truly to be made, we bind ourselves,our heirs,executors,administrators, successors and assigns,jointly and severally,firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated October 07, 2014 , 2014 for the 2014 CONCRETE MAINTENANCE AND REPAIR as set out in the accompanying Bid. WHEREAS,the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to riot less than five percent(5%) of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform. NOW THEREFORE, if the principal shall,within the period specified therefore: A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties,as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract,or B. Withdraw said Bid within the time specified,or C. Pay to the Owner the sum determined upon herein as liquidated damages,and not as a penalty,then this obligation shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF,the above parties have executed this instrument under their several seals this 7th day of October ,2014 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing board. Weld Coun C s truct i on Co. , Inc. Principe l//.—c �J Leo Narartfo, President Address PO Pox e7 ATTEST: Pierce CO 80650 By: �ni1,J tP-A-gCr(a BY OLP Jill /5 . Rocks, Attorney In Fact Surety Old Republic Surety Company ATTEST: PO Box 1976 Sail Address Des Moines 7A Sn any By/ /J 1r� BID No.81400135 Page 20 OLD REPUBLIC BLIC SURETY COMPANY * * POWER OF ATTORNEY * * KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY,a Wisconsin stock insurance corporation,does make,constitute and appoint: RAE L.CAMPBELL,JILL S.ROCKS.DAVID M.JANSSEN,SHELLY L.(UNDER,OF JOHNSTOWN.CO its true and lawful Attorney(s)-in-Fact,with full power and authority,not exceeding$50,000,000,for and on behalf of the company as surety,to execute and deliver and affix the seal of the company thereto(if a seal is required),bonds,undertakings,recognizances or other written obligations in the nature thereof,(other than bail bonds-hank depository bonds,mortgage deficiency bonds,mortgage guaranty bonds,guarantees of installment paper and note guaranty bonds,self-insurance workers compensation bonds guaranteeing payment of benefits,asbestos abatement contract bonds,waste management bonds,hazardous waste remediation bonds or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF FIVE MILLION DOLLARS($5,000,000)-------------------FOR ANY SINGLE OBLIGATION,REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION. and to bind OLD REPUBLIC SURETY COMPANY thereby,and all of the acts of said Attorneys-in-Fact,pursuant to these presents,are ratified and confirmed. This document is not valid unless printedon colored background and is multi-colored. This appointment is made under and by authority of the board of directors at a special meeting held on February 18,1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that,the president,any vice-president,or assistant vice president,in conjunction with the secretary or any assistant secretary,may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the company to execute and deliver and affix the seal of the company to bonds,undertakings,recognizances,and suretyship obligations of all kinds;and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company (i)when signed by the president,any vice president or assistant vice president,and attested and sealed(if a seal be required)by any secretary or assistant secretary;or (ii)when signed by the president,any vice president or assistant vice president,secretary or assistant secretary,and countersigned and sealed(if a seal be required)by a duly authorized attorney-in-fact or agent;or (iii)when duly executed and sealed(if a seal be required)by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER,that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the company;and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer,and its corporate seal to be affixed this 16TH day of SEPTEMBER,2014. OLD REPUBLIC SURETY COMPANY '43 0..4,3..,4 rte'- SEAL 1. V As Seaway; t. N /i‘e STATE OF WISCONSIN,COUNTY OF WAUKESHA-SS `,M 't President On this 16TH day of SEPTEMBER,2014 ,personally came before me, Alan Pavlic and Phyllis M. Johnson ,to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument,and they each acknowledged the execution of the same,and being by me duly sworn,did severally depose and say; that they are the said officers of the corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. .. -.. Notary Pubic My commission expires: 9/28/2018 CERTIFICATE (Expiration of notary commission does not invalidate this instrument) I,the undersigned,assistant secretary of the OLD REPUBLIC SURETY COMPANY,a Wisconsin corporation,CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the Resolutions of the board of directors set forth in the Power of Attorney,are now in force. 'f 40-4216 "iuer; Signed and •rsealed at the City of Brookfield,WI this 1 day of ? t� fir oormkari, $ SEAL <O. .‘, Ai5451J'I • PFS INSURANCE GROUP,LLC 'IUS UUL LIME N IA5 A. _:.;L1?c-'LL l?A' 41:k•:.:JV_}AMU IS MU'TI-'_ :_:JI L r hl II IL =AC. T -L r_UMPA.NY LI}+;O APPLA.-'.`- '!V I'1_ RACK CI- TN IS IF THFSF FF. TI1RFS ARF ,1PSF.NT THIS I-i;.C'.1MFNT IS VOID r p. 2 PERFORMANCE BOND 2014 CONCRETE MAINTENANCE AND REPAIR CONTRACT KNOW ALL MEN BY THE PRESENTS;that Bond #RCN2139683 Weld County Construction. Tnc. (Name of Contractor) P.O. Box 67 (Address of Contractor) Pierce CO 80650 , hereinafter called Contractor, and a(Corporation, Partnership,or Individual) Old Republic Surety Company (Name of Surety) 1503 42nd Street Ste 10.0 West Des Moines IA 50266 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County,Colorado (Name of Owner) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Address of Owner) Thirty Five Thousand Five Hundred Eighty Five hereinafter called Owner, in the penal sum of and no no/100** ($35, 585 . 00) Dollars, ($ ), in lawful money of the United States of America,for the payment of which sum well and truly to be made,we bind ourselves,successors and assigns,jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas,the Contractor entered into a certain Contract with the Owner,dated the 17th day of October , 2014, a copy of which is hereto attached and made a part hereof for the construction of: 2014 CONCRETE MAINTENANCE AND REPAIR CONTACT described in the Invitation for Bids, Bid No. 8140O135 NOW THEREFORE,if the Contractor shall well,truly and faithfully perform its duties,all of the undertakings, covenants,terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner,with or without notice to the Surety and during the one year guaranty period,and if he shall satisfy all claims and demands incurred under such contract,and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default,then this obligation shall be void;otherwise to remain in force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED, FURTHER,that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder,whose claim may be unsatisfied. BID No.B1400135 Page 43 p. 4 PERFORMANCE BOND 2014 CONCRETE MAINTENANCE AND REPAIR CONTRACT IN WITNESS WHEREOF,this instrument is executed in two (2) counterparts,each one of which shall be deemed an original,this 29th day of October 2014. Weld County Construction Inc. Co ctor >`�._- "l'' . g7✓ By `� t re-stele e�f eo Naranjo, President (Contractor)Secretary (SEAL) Old Republic Surety Company (Witness as to contractor) (Address) P.O. Box 67 1503 42nd Street Ste 100 (Address) Pierce CO 80650 West Des Moines IA 50266 ATTEST: (S ety)Secretary (SEAL) LC E F� AA) By C11 a r io),-- `i r J Witness as to Surety Ji s. Rocks Attorney-in-Fact 4848 Thompson Pkwy Ste 200 4848 Thompson Pkwy- Ste 200 (Address) (Address) Johnstown CO 80534 Johnstown CO 80534 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership,all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Departments most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID No.81400135 Page 44 P. 3 LABOR & MATERIALS PAYMENT BOND 2014 CONCRETE MAINTENANCE AND REPAIR CONTRACT KNOW ALL MEN BY THE PRESENTS;that Bond #RCN2139683 Weld County Construction, Inc . (Name of Contractor) P.O. Box 67 (Address of Contractor) Pierce CO 80650 , hereinafter called Contractor, and a (Corporation, Partnership,or Individual) Old Republic Surety Company (Name of Surety) 1503 42nd Street Ste 100 West Des Moines IA 50266 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County. Colorado (Name of Owner) P.O. Box 758, 1111 H Street, Greeley. Colorado 80632 (Address of Owner) Hereinafter called Owner, in the penal sum of Thi t�}' y'�ive Thousand Five Hundred Eighty Five Dollars, ($ 35, 585 . 00 in iawfulonioney of the United States of America,for the payment of which sum well and truly to be made,we bind ourselves,successors and assigns,jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas,the Contractor entered into a certain Contract with the Owner, dated the 17th day of October , 2014, a copy of which is hereto attached and made a part hereof for the construction of: 2014 Concrete Maintenance and Repair Contract described in the Invitation for Bids, Bid No. 61400135. NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof,including all amounts due for materials, lubricants,oil,gasoline,repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void,; otherwise to remain in full force and effect. PROVIDED, FURTHER,that the said Surety for value received hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED, FURTHER,that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder,whose claim may be unsatisfied. BID No.81400135 Page 45 p. 5 LABOR & MATERIALS PAYMENT BOND 2014 CONCRETE MAINTENANCE AND REPAIR CONTRACT IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this 29th day of October 2014. Weld County Construction, Inc . Contractor By itr.z. dig (Contractor)Secretary Leo Naranjo, President (SEAL) Old Republic Surety Company (Witness to-Contractor) (Address) P.O. Box 67 1503 42nd Street Ste 100 (Address) Pierce CO 80650 West Des Moines IA 50266 ATTEST: p q ' 1 (Surety)• Secretary (SEAL) p / (ILL -'\A By (7l U /� ll� pi'i; Witness as to Surety Jill S . Rock orney-in-Fact 5t �• . z y,. 4848 Thompson Pkwy Ste 200 4848 Thompson Pkwy Ste 200 (Address) (Address) Johnstown CO 80534 Johnstown CO 80534 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID No.B1400135 Page 46 * * *tit OLD REPUBLIC SURETY COMPANY * * ** POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY,a Wisconsin stock insurance corporation,does make,constitute and appoint: RAE L.CAMPBELL,JILL S.ROCKS,DAVID M.JANSSEN,SHELLY L.LUNDER,OF JOHNSTOWN,CO its true and lawful Attorney(s)-in-Fact,with full power and authority,not exceeding$50,000,000,for and on behalf of the company as surety,to execute and deliver and affix the seal of the company thereto(if a seal is required),bonds,undertakings,recognizances or other written obligations in the nature thereof,(other than bail bonds,bank depository bonds,mortgage deficiency bonds,mortgage guaranty bonds,guarantees of installment paper and note guaranty bonds,self-insurance workers compensation bonds guaranteeing payment of benefits,asbestos abatement contract bonds,waste management bonds.hazardous waste rcmediation bonds or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF FIVE MILLION DOLLARS(S5,000,000) FOR ANY SINGLE OBLIGATION,REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION. and to bind OLD REPUBLIC SURETY COMPANY thereby,and all of the acts of said Attorneys-in-Fact,pursuant to these presents,are ratified and confirmed. •this document is not valid unless printedon colored background and is multi-colored. This appointment is made under and by authority of the board of directors at a special meeting held on February 18,1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that,the president,any vice-president,or assistant vice president,in conjunction with the secretary or any assistant secretary,may appoint attorneys-in-fact or agents with authority as defined or limited in the instilment evidencing the appointment in each case,for and on behalf of the company to execute and deliver and affix the seal of the company to bonds,undertakings,recognizances,and suretyship obligations of all kinds;and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company (i)when signed by the president,any vice president or assistant vice president,and attested and sealed(if a seal be required)by any secretary or assistant secretary;or (ii)when signed by the president,any vice president or assistant vice president,secretary or assistant secretary,and countersigned and sealed(if a seal be required)by a duly authorized attorney-in-fact or agent;or (iii)when duly executed and sealed(if a seal be required)by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER,that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the company;and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer,and its corporate seal to be affixed this 16TH day of SEPTEMBER,2014. OLD REPUBLIC SURETY COMPANY 41- po.004r �y`•su��t�r. . Ass r; Sec,tt�n -._ - ? SEAL • I≤-' /,q? STATE OF WISCONSIN,COUNTY OF WAUKESHA-SS '., President On this 16TH day of SEPTEMBER,2014 ,personally came before me, Alan Pavlic and Phyllis M.Johnson ,to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument,and they each acknowledged the execution of the same,and being by me duly sworn,did severally depose and say; that they are the said officers of the corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. ;wtaa� ti wd ,�: Notary Public 2� My commission expires: 9/28/2018 W CERTIFICATE (Expiration of notary commission does not invalidate this Instrument) I.the undersigned,assistant secretary ot'the OLD REPUBLIC SURETY COMPANY,a Wisconsin corporation,CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the Resolutions of the board of directors set forth in the Power of Attorney,are now in force. q / 40-4216 "" "",.••,vx. Signed and sealed at the City of Brookfield,WI this / 4day of fir 6P_!l o2OIy g.qo•. •\ 3 St. g , / ASY5lam SOC aJ --_- nnuN°' PFS INSURANCE GROUP,LLC THIS DOCUMENT HAS Q COLORED BACKGROUND AND IS MULTI-COLORED ON THE FACE. THE COMPANY LOGO APPEARS ON THE BACK OF THIS DOCUMENT AS At WATERMARK IF THESE FEATURES ARE ABSENT THIS DOCUMENT IS VOID. 6 (5-10) NOTICE OF AWARD / 2014 CONCRETE MAINTENANCE AND REPAIR CONTRACT To: t/C t S U Cat". Co 1A jss.., L�Cr At-inn, /p P.0 !- I:Aix c7 t-cc 42tsV Project Description: The project in general consists: removal and replacement of concrete infrastructure maintained by Weld County. Locations are: WCR 5.5 between Hwy 119 and WCR 26, the north parking lot of the Walton Building (located North 11th Ave. between A St. and D St. west of 11`" Avenue just south of D St), and the BOCC parking lot(located at 1150 O St.) The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of$ S-G.Suv or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish the required Performance Bond, Payment Bond and Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this 1-7 day of cot• , 2014 Weld County, Colorado Owner Josh Holbrook, Construction Inspection Supervisor. ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by • 1�.4._/J ca ...LA CO c , (Contractor) Dated this 33 m41 day of /4/to/c"7-t C /- , 2014 75--�By: / q Title: ,adn t✓ BID No.B1400135 Page 27 NOTICE TO PROCEED /&' 2014 CONCRETE MAINTENANCE AND REPAIR CONTRACT A To: Lyre Date: i/liy Po $ox n G7 /'•G/c.L CUB e'UGS 0 Name of Project: 2014 CONCRETE MAINTENANCE AND REPAIR CONTRACT described in the Invitation for Bids, Bid No. B1400135. You are hereby notified to commence Work in accordance with the Agreement dated C( q ZVI/ . The date of completion of all Work is therefore PLC Z, 2 J4' Weld County, Colorado, Owner By 'J 1 Josh Holbrook, Construction Inspection Supervisor. ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: (Contractor) Dated this 3") day of /170,‘, 6- / , 2014. By / /t Title o BID No. B1400135 Page 47 /_ ._.._.;_ I ter.• :x. 44 )11 MEMORANDUM 1►,+ 'TMl i .r , ,Ii. `\ \ )\'it . • TO: Jay McDonald, Public Works Director 20J --. i fil. . J .., , l,...„ !Y.¢ii + i .' FROM: Joshua Holbrook,Construction Ins s ton ervisor .1 '' o *� Y.. j SUBJECT: 2014 Concrete Maintenance and Repair Contract +a,,„lt° l:', '' ::.- 4 Bid No. B1400135 On October 8, 2014 three bids were received and opened for the 2014 Concrete Maintenance and Repair Contract. The bids ranged from $35,585.00 to $84,471.00, with the low bid submitted by Weld County Construction, Inc based out of Pierce Colorado. The low bid is under the 2014 budgeted amount for 2014. Below are the respective bids: 2014 CONCRETE MAINTANANCE AND REPAIR CONTRACT(Proposal No.B1400135) - Dericin bad Slaa Est O1NTdlbl M.w&s of Structures enelObstructions WCC Total Pike Mounnan Total Price Can-Do Total Price 202 SY 200 $ 27.00 $ 5.000.00 5 22.00 5 4.400.00 $ 65.00 $ 13,000.00 Removal of Asphalt Removal of Curb and Gutter 202 - IF 85 $ 15.00 5 1.275.00 $ 14.00 S 1,190.00'S 40.00 5 3,400.00 Removal of Sidewalk 202 SY 40 $ 1900 $ 760.00 S 25.00 $ 1.00000,S 120.00 5 4,800.00 Laraullsasulfalsolaisca Unclassified Excavation 203 1 CY 1 65 $ 17.001 5 1,105.00 $ 40.0015 2,600.00 5 23.00 I$ 1,495.00 Men Line Drbslled ADC(Class 6) 304 I Tom 1 120 S 21.001$ 2,40.00 $ 45.00 I S 5400.00 $ 39.001$ 4.680.00 Ldewelk.and tlb,alhs 6"Concrete Pan SY 160 150 S 45.00 S 7,200.00 $ 6000 S 12.800.00 5 120.00 S 19,000.00 4"Comae.Sidewalk 55 40 40 $ 40.00 $ 1,600.00 5 6500 S 2,600.00 5 113.00 S 4,520.00 Chase Drain Each _ 2 2 S 800.00 S 1,600.00 $ 4,000,00 S 8,000.00 S 2,783.00 S 5.56600 Cwb end Ga= Vertical Curb end Gutter Typell 609 I LF I 60 $ 25.00 $ 1,500.00 $ 38.00I 5 2.26000 $ 40001$ 2,400.00 Curb Type II Section 86'Sorrier 609 Li 25 S 65.00 $ 1,625.00 S 38.00 $ 95000 $ 40.00 $ 1.000.00 obi lalton Mobilization 626 1 Es. 1 3 $ 1,000.001 5 3,000.00 $ 4,000.00 Is 12.000.00 S 3,750.001$ 11250.00 Ccmtructlhon Zone Traffic Control Traffic Control 630 1 Es. 1 3 5 1.000.001 5 3.000.00 S 1.600.00 IS 5,40000 5 2,720.00 I$ 8.160.00 Force Acctaa02 F/A Minor Con tract Revisions 700 I FA 1 1 $ 5,0.4.001$ $,000.00 $ 5,000.00 I5 5.000.00 $ 5.000.00IS 5.000.00 Total $ 35,5 93.00 rail: $ 63.620.00 Total; $ 134,471.00 Totals: ok oh ok Weld County Construction, Inc has preformed this type of work for the Public Works Department in the past and the Department has been satisfied with their work. It is the recommendation of the Weld County Public Works Department to accept the bid from Weld County Construction,Inc for the sum of$35,585.00 pc: Trevor Jiricek,Director of General Services Marcia Walters,Purchasing Rose Everett,Purchasing Mona Weidenkeller,Office Tech IV/Payable/Receivable Neal Bowers,Pavement Management Supervisor M:\Maintenance Contracts\Curb&(;utter Replacement\20 L4\Fa11\Contract Docs'Jvlemo of Rec\2014 roe ven.doe ao/L/—3095' I ol as E8 0070 WELD COUNTY PURCHASING �86� 'e 1150 O Street Room#107,Greeley CO 80631 E-mail:mwalters(cilco.weld.co.us ' _ ' ds �_ E-mail:reverettAco.weld.co.us ' �I!III �% Phone: (970)356-4000,Ext 4222 or 4223 COUNTYy Fax: (970)336-7226 DATE OF BID: OCTOBER 7TH, 2014 REQUEST FOR: 2014 CONCRETE MAINTENANCE&REPAIR DEPARTMENT: PUBLIC WORKS DEPT BID NO: #61400135 PRESENT DATE: October 8'h,2014 APPROVAL DATE: October 22N0,2014 VENDOR TOTAL WELD COUNTY CONSTRUCTION INC $35,585.00 44340 WCR 33 PO BOX 67 PIERCE CO 80650 MOUNTAIN CONSTRUCTORS INC $63,620.00 622 MAIN ST PO BOX 405 PLATTEVILLE CO 80651 CAN-DO CONCRETE CONSTRUCTION INC $84,471.00 ' 2460 C STREET NW GREELEY CO 80631 PUBLIC WORKS IS REVIEWING THE BIDS AT THIS TIME. 2014-3095 )0/3 £E O07O Hello