HomeMy WebLinkAbout20143511.tiff `�9rI MEMORANDUM
(rli r i_ TO: Clerk to the Board DATE: November 24, 2014
FROM: Mike Bedell, P.E., Public Works Department
SUBJECT: BOCC Consent Agenda
RE: Bridge 42/29A Concrete Wingwalls
Agreement for Construction Services with Weld County Construction, Inc.
Attached are two duplicate original agreements.
RECEIVED
NOV 2 5 2014
WELD COUNTY
COMMISSIONERS
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WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES
BETWEEN WELD COUNTY AND WELD COUNTY CONSTRUCTION INC.
BRIDGE 42/29A CONCRETE WINGWALLS
THIS AGREEMENT is made and entered into this 24th_day of_November , 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 Inc., [an individual], [a limited liability
partnership] [a limited liability company] [a corporation]whose address is P.O. Box 67, Pierce, CO
80650, hereinafter referred to as "Contractor".
WHEREAS, Bridge 42/29A is in need of replacement, (hereinafter referred to as"Project", and
WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the
replacement of this bridge, and
WHEREAS, County requires an independent contract construction professional to perform the
construction services required by County and set forth in Exhibit A; and
WHEREAS,Contractor is willing to perform and has the specific ability to perform the required
construction services at the cost specifically set forth in Exhibit B:
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 the
County's Request for Bid as set forth in Bid Request No. B1400178. Exhibit A contains all the specific
requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The
Response (submitted bid) confirms Contractor's obligations under this Agreement.
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. Contractor shall coordinate with
the Weld County Director of Public Works or other designated supervisory personnel (the "Project
Manager")to perform the services described in Exhibit A. 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 Exhibit A within the time limits prescribed by
County may result in County's decision to withhold payment or to terminate this Agreement.
BID NO B1400178 Page 21
3. Term: The term of this Agreement begins upon the date of the execution of this
Agreement by County,and shall continue through and until Contractor's completion of the responsibilities
described in Exhibits A and B. 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
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 $30,500.00 , which is the bid amount specifically 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
BID NO B1400178 Page 22
to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall
County be liable 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. Contractor
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 services 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 (end of the fiscal 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. 20-1-101 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 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 the Agreement. Contractor shall
have the following responsibilities with regard to workers' compensation and unemployment
compensation insurance matters: (a)provide and keep in force workers'compensation and unemployment
compensation insurance in the amounts required by law(and as set forth in Exhibit A)and 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
BID NO 81400178 Page 23
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
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.
BID NO 61400178 Page 24
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, and during any warranty period. The required insurance
shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best
Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating
"Should any of the above-described policies by canceled or should any coverage be reduced
before the expiration date thereof, the issuing company shall send written notice to the Weld
County Director of General Services by certified mail, return receipt requested. Such written notice
shall be sent thirty(30)days prior to such cancellation or reduction unless due to non-payment of
premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a
deductible or self-insured retention, County must be notified by the Contractor/Contract
Professional. Contractor/Contract Professional shall be responsible for the payment of any
deductible or self-insured retention. County reserves the right to require Contractor/Contract
Professional to provide a bond, at no cost to County, in the amount of the deductible or self-
insured retention to guarantee payment of claims.
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 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 successful bidder 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 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
BID NO B1400178 Page 25
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 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 Act, 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,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 project(s) general aggregate limit, ISO CG 2503 or equivalent
additional insured-owners, lessees or Contractor's endorsement, ISO Form 2010 or
equivalent, additional insured-owners, lessees or Contractor's 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, 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;
$1,000,000 Personal Advertising injury;
$50,000 any one fire; and
$500,000 errors and omissions;
$5,000 Medical payments 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,for
vehicles owned, hired, and non-owned vehicles used in the performance of this Contract.
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;
BID NO B1400178 Page 26
ii. Unlimited defense costs in excess of policy limits;
Contractual liability covering the indemnification provisions of this Agreement;
iv. A severability of interests provision;
v. Waiver of exclusion for lawsuits by one insured against another;
vi. A provision that coverage is primary; and
vii. A provision that coverage is non-contributory with other coverage or self-insurance
provided by County.
For all general liability, excess/umbrella liability, liquor liability, pollution liability and
professional liability policies, if the policy is a claims-made policy,the retroactive date must
be on or before the contract date or the first date when any goods or services were
provided to County, whichever is earlier.
Contractors/Contract Professionals shall secure and deliver to the County at or before the time of
execution of this Agreement, and shall keep in force at all times during the term of the Agreement
as the same may be extended as herein provided, a commercial general liability insurance policy,
including public liability and property damage, in form and company acceptable to and approved
by the County, covering all operations hereunder set forth in the related Bid or Request for
Proposal.
Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to
provide a certificate of insurance, a policy, or other proof of insurance as required by the County.
Additional Insured: 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 coverage, 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 insured under
its policies or shall ensure that all subcontractors maintain the required coverage.
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: N/A
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.
15. Examination of Records: Contractor agrees that any duly authorized representative of
County, including the County Auditor, shall, until the expiration of five(5)years after the final payment
under this Agreement,have access to and the right to examine and audit any books,documents,papers and
records of Contractor, involving all matters and/or transactions related to this Agreement.
BID NO B1400178 Page 27
• 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. Likewise,Contractor shall designate,prior to commencement of work,its project
representative("Contractor Representative")who shall make,within the scope of his or her authority,all
necessary and proper decisions with reference to the project.
18. Compliance with Law: Contractor shall strictly comply with all applicable Federal and
State laws, rules and regulations in effect and hereby 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 and 24-50-507:
The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any
personal or beneficial interest whatsoever in the service or property which is the subject matter of this
Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any
manner or degree interfere with the performance of Contractor's services and Contractor shall not employ
any person having such known interests. During the term of this Agreement,Contractor shall not engage in
any in any business or personal activities or practices or maintain any relationships which actually conflicts
with or in any way appear to conflict with the full performance of its obligations under this Agreement.
Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion,in
immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's
family shall serve on a County Board, committee or hold any such position which either by rule,practice
or action nominates,recommends,supervises Contractor's operations,or authorizes funding to Contractor.
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.
BID NO B1400178 Page 28
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 shall perform work under
this Agreement and shall confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this Agreement through participation in the E-
Verify Program or the State program established pursuant to CRS §8-17.5-102(5)(c),Contractor shall not
knowingly employ or subcontract with an illegal alien to perform work under this Agreement or enter into
a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not
knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor(a)
shall not use E-Verify Program or State program procedures to undertake pre-employment screening of job
applicants while this Agreement is being performed, (b) shall notify the subcontractor and County within
three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an
illegal alien for work under this Agreement,(c)shall terminate the subcontract if a subcontractor does not
stop employing or contracting with the illegal alien within three days of receiving the notice,and(d)shall
comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-
17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State
program, Contractor shall deliver to County, a written, notarized affirmation, affirming that County has
examined the legal work status of such employee, and shall comply with all of the other requirements of
the State program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-
101 et seq., County may terminate this Agreement for breach and, if so terminated, Contractor shall be
liable for damages.
Except where exempted by federal law and except as provided in C.R.S. 24-76.5-103, 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, 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
BID NO 81400178 Page 29
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,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.
30. Compliance with Davis-Bacon Wage Rates: N/A
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.
33. 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, with the referenced 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.
BID NO B1400178 Page 30
SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have approved this Agreement this 24th day
of November , 2014.
CONTRACTOR:
By: L.-AL/d(T ,A.,/, r,,,, / 2 C Date: // —4,Z ti'/7
Name:, 4
Title: o ,,,,,r,.t
WELD COUNTY:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: '---- C19,..7( )
S12.OriAr
diC440V ; Douglas Rademacher, hair DEC 0 ! 2014
Weld County Clerk to the Bo '"_ ��
BY.
1861 ; L) �
Deputy Clerk to the Bo crt iii4 A
APPROVED AS TO FUNDING: APPROVED AS TO SUBSTANCE:
--??c, " '4'' .- -
Controller Director of Public Works De ailment
APPROVED AS TO FORM: \
Di or s 'General Services
5X''''-'77.4f4--,..----_
County Attorney
opi� —351
BID NO B1400178 Page 31
MEMORANDUM
G � Date: November 12, 2014
GOUT To: Trevor Jiricek, Director of General Services
From: Michael Bedell, P.E., Senior Engineer
RE: Bid Request No. B1400178
BOCC Approval Date November 24,2014
Bids were received and opened on November 6, 2014 for contracted construction of Bridge 42/29A
Concrete Wingwalls. Three (3) bids were received ranging from $30,500.00 to $45,440.00 with the
lowest bid submitted by Weld County Construction Inc. from Pierce, Colorado. My Engineer's Estimate
for this work was $25,000.00. This contracted work is associated with a bridge replacement and orad
realignment project being constructed by County crews this winter.
The submitted bids have been reviewed for errors and completeness. No errors or discrepancies were
apparent.
It is my recommendation to award the construction contract to Weld County Construction Inc. for a
total amount of$30,500.00. This Contractor has performed similar work for the County on past projects,
and they are well qualified for this project. If this bid is approved by the BOCC on November 24th
construction of the wingwalls will take place this winter, after the County crew has completed
construction of a precast concrete box culvert.
20 35/
i )ay EC-,0070
WELD COUNTY PURCHASING
W 1150 O Street Room #107, Greeley CO 80631
E-mail: mwalters(aco.weld.co.us'jkE-mail: reverettCa�co.weld.co.us
i�� �i �,% Phone: (970) 356-4000, Ext 4222 or 4223
' c o U N?Y -- Fax: (970) 336-7226
DATE OF BID: NOVEMBER 6, 2014
REQUEST FOR: BRIDGE 42/29A CONCRETE WINGWALLS
DEPARTMENT: PUBLIC WORKS DEPT
BID NO: #61400178
PRESENT DATE: NOVEMBER 10, 2014
APPROVAL DATE: NOVEMBER 24, 2014
VENDOR TOTAL PRICE
WELD COUNTY CONSTRUCTION INC $30,500.00
44340 WCR 33
P O BOX 67
PIERCE CO 80650
CAN-DO CONCRETE CONSTRUCTION INC $40,500.00
2460 C STREET NW
GREELEY CO 80631
NORAA CONCRETE CONSTRUCTION CORP $45,440.00
39673 E 160 AVE
KEENESBURG CO 80643
PROJECT ESTIMATE WAS $25,000.00.
*THE PUBLIC WORKS DEPT IS REVIEWING THE BIDS AT THIS TIME.
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10
2014-3511
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