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Home My WebLink About20230467.tiffConiva c4-I1)#$i5 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Second Renewal of Construction Services Agreement for TLM Constructors, Inc. (2025 Bridge Rehab) DEPARTMENT: Public Works DATE: 12/11/24 PERSON REQUESTING: Michael Bedell, Don Dunker, and Curtis Hall Brief description of the problem/issue: Weld County entered a one (1) year Construction Services Agreement (Original Contract ID #6721) with TLM Constructors, Inc. (TLM) in 2023 to provide construction services. The Original Contract indicates that at the option of Weld County, it may be renewed for one (1) additional year a maximum of two (2) times. The first renewal (Contract ID #7826) expires on 12/31/24. Public Works now recommends approval of a second renewal, which would expire on 12/31/25. TLM is a Weld County company with an office in Greeley. TLM has offered to hold all Original Contract (2023) unit prices for the 2025 renewal, except for seven (7) additional work items which are necessary due to a slight variation in the work being requested by Public Works in 2025. Public Works staff has checked the proposed unit costs of these seven (7) additional works items and found them to be reasonable. Public Works staff method of determining if unit costs are reasonable is a comparison of such costs to the CDOT Cost Data which is available on the CDOT web site. What options exist for the Board? 1. Approve the second renewal of the Original Contract and allow it to be placed on the next available Consent Agenda 2. Ask for a work session and additional information. Consequences: If the Original Contract is not renewed, Public Works will not immediately have an on - call, turn -key construction contract in place to handle unique construction services needs in 2025. Impacts: Not being able to respond efficiently and effectively to unique construction service needs can have a negative effect on the County infrastructure. Costs: Costs will not exceed $500,000.00 and are accounted for in the Public Works 2025 fiscal year budget. The renewal only affects 2025 so subsequent fiscal year budgets will not be affected by the Original Contract renewal. Recommendation: Staff recommends second renewal of the Original Contract and is asking for this item to be placed on the next available Consent Agenda for consideration. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman Scott K. James Kevin D. Ross, Chair Lori Saine Curr-ow+ nciik.ndtCL- 1z/3o/Z4 -007. cc:ohbase(Pu) 17 /30/2. zoz3-o%1 ' r i THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND TLM CONSTRUCTORS, INC. Nkin This Agreement Extension/Renewal made and entered into V day of 2024, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the "Department", and TLM Constructors, Inc., hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as Document No. 2023-0467, Contract ID No. 6721, approved on March 1 2023. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement for the second of two possible renewals of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement was extended for the first one-year period on February 14, 2024, under Contract ID 7826 and will end on December 31, 2024 ("First_ Renewal"). The parties agree to extend the Original Agreement for a second one-year period, which will end on December 31.2025 ("Second Renewal"). The Second Renewal, together with the Original Agreement and First Renewal, constitutes the entire understanding between the parties. The following changes are hereby made to the Contract Documents: 1. There are no changes being made to the Original Contract Documents. There are no increases being made to the original unit prices included in the 2023 Original Agreement (see attached). Due to a slight variation in the work being requested by Public Works in 2025, the contractor was requested to provide proposed unit costs for seven (7) additional work items. The contractor responded with a quotation dated 11/08/24 (see attached). Public Works staff has reviewed the proposed unit prices of these seven (7) additional work items and has found them to be reasonable. 2. The total anticipated cost for the period from January 1, 2025, to December 31, 2025, is not to exceed $500,000.00. This amount has been included as a line item in the 2025 budget, account 32500-6373. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: TLM CONSTRUCTORS, INC. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO O Timor, DEC 3 0 2024 Prints ame Kevin D. Ross, Chair G� - dam/ ATTEST: .!'I �I'• v� gnature Weld ounty CI rk to thBoard BY: Dep z oz3 —V-kol 2023 BRIDGE REHABILITATION SERVICES BID SCHEDULE - ADDENDUM *I The submitted bid unit prices, along with the TOTAL cost for the bid tabulation provided in Exhibit 1, will be used by Weld County to select the most cost-effective responsible bid for the contract. The bid tabulation provided in Exhibit 1 must be submitted with the bid schedule below and must utilize the same unit prices, or the bid will be rejected. It is expressly stated that for the initial contract period and for potential future renewal periods, each item may be utilized in quantities greater or lesser than shown or may not be utilized at all, which will be at Weld County's sole discretion. ITEM NO. BID UNIT PRICE TOTAL PRICE ITEM DESCRIPTION - _ _ UNIT QUANTITY (DOLLARS) (0OLLARS),, 201-00003 - _ CLEARING AND GRUBBING SY 1 20!' 2.0400 202430009 REMOVAL OF DEBRIS !T -Q e0 CY 1 71/450. 7C 202-00091 REMOVAL OF RETROREFLECTOR TAB EA 1 ai 10. - eo /e. 202-00127 REMOVAL OF RIPRAP 1 NZ,- .,o 202-00246 REMOVAL OF ASPHALT MAT (1 INCI4-12 INCHES THICK) (PLANING) (SPECIAL) SY 1 So. mai so _ 202-00427 REMOVAL OF BRIDGE RAIL SUPPORTS (SPECIAL) EA 1 202-00428 REMOVAL 0195 4,20 OF BRIDGE MOUNTED UTILITY CONDUIT (SPECIAL) LF 1 e 202-00530 REMOVAL OF EXISTING DETERIORATED, SPALLED. AND UNSOUND do de SF 1 - -' CONCRETE �� 5C2 20241000 REMOVAL OF FENCE IF 1 1/. 4S gAls 202-01130 REMOVAL OF GUARDRAIL (TYPE 3) IF 1 /3S0 202-01175 REMOVAL OF GUARDRAIL (SPECIAL) IF 1 "e 203-00000 UNCLASSIFIED EXCAVATION CY 1 ___36::-, 6 r e.3 - `"° 203-00010 _r UNCLASSIFIED EXCAVATION (COMPLETE IN PLACE) CY 1 �,S - - ear 203-00050 J UNSUITABLE MATERIAL (MUCK) CY 1 //e -g-# ile• 203-00060 EMBANKMENT (COMPLETE IN PLACE) CY 1 65�- aa•' e`) 203-01100 PROOF o ROLLING HOUR 1 /267 /2 203-01598 r °=' POTHOLING (SPECIAL) EA 1 206-00068 FLOW FILL COUNTY MIX) CY 1Eve (WELD FLOW FILL COUNTY MIX) ONLY) CY 1 die '�- 206-00068.5 (WELD (PLACEMENT ?C- 7►Q_ TOPSOIL (ONSITE) CY 1 2 or 29,•:-* '`te 207-00700 207-00702 TOPSOIL (OFFSITE) CY 1 are. v_' 5-�. or _ a" 20B-00046PREFABRICATED CONCRETE WASHOUT STRUCTURE (TYPE 1) EA 1 �f0. �i° 2,e. 20S-00075 PRE VEHICLE TRACKING PAD EA 1 ae -FABRICATED -- _01-42- 208-00106 r� SWEEPING (SEDIMENT REMOVAL) HOUR 1 t5-1. l5� -car 208-00207 �r EROSION CONTROL MANAGEMENT DAY 1 325 32-".°-.11 210-00810 to e RESET GROUND SIGN EA I SOD • SQO- � a si` _ 210-00815 RESET SIGN PANEL EA 1 /1 ei cro DEWATERING DAY 1 Z2,'L° / zzG'- -' 211-03009 SEEDING (NATIVE) (NORTH OF WCR 68) SY 1 O., 11 212-00001 212-00002 SEEDING (NATIVE) (SOUTH OF WCR 68) SY 1 34 Q. C ,_ 36 " 212-O0712 BIOTIC SOIL AMENDMENTS EARTH (HYDRAULICAI l Y APPLIED) (BIOTIC SY 1 gd— A is g S BLACKS MULCHING (WEED FREE STRAW) SY 1 A /S fl i 213-00010 ege 216-00043 SOIL RETENTION BLANKET (S -C) (BIOD CL 2) SY 1 ®o SOIL FILLED TURF REINFORCEMENT MAT (IANDLOK 450) SY 1 is?) 218-00305 7f' 218-003(}6 SOIL FILLED TURF REINFORCEMENT MAT (PYRAMAT 75) SY 1 20 . 240-00010 �� REMOVAL OF NESTS HOUR 1 1 I TO /0"-e. BID NO. B2300048 Page 19 -Al ITEM NO. ITEM OEBCLRIP110N 240-00020 NETTING 304-06000 AGGREGATE BASE COURSE (CLASS 6) 304-08000 AGGREGA BASE COURSE (SHOULDERING) 304-10000 AGGREGA E BASE COURSE (SURFACE GRAVEL) -403-33841 HOT MIX ASPHALT (GRADING S) (100) (PG 64-22) 403-33841.5 HOT MIX ASPHALT (GRADING S) (100} (PG 64 22) (HAULING AND PLACEMENT ONLY) 403-34841 HOT MIX ASPHALT (GRADING SX) (100) (PG 6422) 40334841.5 HOT MIX ASPHALT (GRADING SX) (100) (PG 64-22) (HAULING AND PLACEMENTONLY) 403,34842 HOT MIX ASPHALT (GRADING SX) (100) (PG 64-22) (PATCHING) 40334842.5 HOT MIX ASPHALT (GRADING SX) (100) (PG 64-22) (PATCHING) 403-34851 HOT MIX ASPH PLACEMENT ONLY) HAULING A HOT MIX ASPHALT (GRADING SX) (100) (PG 64-28) 40334851.5 HALT (GRADING SX) (100) (PG 64-26) (HAULING AND PLACEMENT ONLY} 408-01000 HOT POURED JOINT AND CRACK SEALANT 420-00140 GEOTEXTILE (DRAINAGE) 501-00100 STEEL SHEET PIUNG (TYPE 1) (COFFERDAM 506-00209 RIPRAP (9 INCH) 506-00212 RIPRAP (12 INCH) 506.00218 RIPRAP (18 INCH) 506-00409 SOIL RIPRAP (9 INCH) 506-00412 SOIL RIPRAP (12 INCH) 506-00418 SOIL RIPRAP (18 INCH) 507-00000 CONCRETE SLOPE AND DITCH PAVING TON TON 1 TOTAL BID UNIT PRICE PRICE UNIT _ QUANTITY_.__ iDOLLARB (8OLLARSZ_,.. SY I /L • '� /l/ 27 TON 1 /46-. / T TON TON 1 �S ¢ 63 - L'S, ` _1Q TON 1 11? /97 TON 1 92.e 1 "w 1 w 67'` G7. " � it r Ls r. - as 1Seree enp.T ' 1 X7.4" z*' �- Lt3�{. � 7iJ� • dr SY SY TON TON TON CY CY 507-00300 GROUTED RUBBLE SLOPE AND DITCH PAVING CY 507-00350 GROUTED RIPRAP SLOPE AND DITCH PAVING 507-00400 ASPHALT SLOPE AND DITCH PAVING 509-08300 FIELD WELDING (AWS CERTIFIED) (AWS D1.5 ENDORSEMENT) 509-90015 FIELD CLEANING AND PAINTING OF STEEL 512-00125 MAINTENANCE OF BEARING DEVICE CY CY CY Z75- 27,5" CY 1 900. `-' 9OO.V' 1 40.e" yGio.. 5-7 675: zd,e7e ote 20 L"._. Soe' 34.7? 3ozP---- 4/60-- - ,/-01'"9- CY CY TON HOUR HOUR 24(T 1 Z.cp__.- 2 2' 1 Z41C C �° 515-00120 WATERPROOFING (MEMBRANE) SY 1 FIELD CLEANING OF EXISTING BRIDGE EXPANSION DEVICE (STRIP 518-04010 LF 1 sue)_._ 518-04011 FIELD TESTING OF EXISTING BRIDGE EXPANSION DEVICE 518.04020 BRIDGE EXPANSION DEVICE REPLACEMENT (ASPHALTIC PLUG) LF (THORMA.JO(NT) (3 INCHES -8 INCHES THICK) 518-04030 BRIDGE EXPANSION DEVICE REPLACEMENT (STRIP SEAL) LF 518-04031 _ BRIDGE EXPANSION DEVICE REPAIR (STRIP SEAL) (NEOPRENE - LF GLAND ONLYI_ 601-03001 CONCRETE (CLASS D) (ENCASEMENT) 601-03002 CONCRETE (CLASS D) (WINGWALL) 801-03003 CONCRETE (CLASS D) (FLOOR/APRON/TOE WALL) CY EA CY CY 601-06021 _ _(DAYTON SUPERIOR SURE ANCHOR I J51) 601-06151 CONCRETE PATCHING (HORIZONTAL) (UP TO 4 INCHES THICK) (DAYTON SUPERIOR }ID 50) 601-06152 CONCRETE PATCHING (VERTICAUOVERHEAD) (UP TO 4 INCHES THICK) (DAYTON SUPERIOR HD 25 VO) 801-06170 CONCRETE PATCHING (HOLE) (HORIZONTAUVERTICAUOVERHEAD) 1UP TO 12 INCHES THICK) (DAYTON SUPERIOR HD 25 V0( 601-40303 FIELD CLEANING AND PAINTING OF EXISTING CONCRETE CONCRETE CRACK REPAIR (HORIZONTAL/VERTICAUOVERHEM LF SF SF SF BID NO. B2300048 Page 20 -Al ITEM NO, ITEM DESCRIPTION 601-41000 INCHES 602-00000 REINFORCING STEEL CLEANING AND SEALING OF VERTICAL CONCRETE JOINT (0.3 602-00020 REINFORCING STEEL (EPDXY COATED) 606-00302 GUARDRAIL TYPE 3 (31 INCH MIDWEST GUARDRAIL SY 608-01340 END ANCHORAGE TYPE 3D 608-01370 TRANSITION TYPE 3G 606-01400 TRANSITION TYPE BR10M-GR3 606-02008 END ANCHORAGE (MSKT TERMINAL) (NONFLARED 606.02009 608-11036 TOf'AL BID UNIT PRICE PRICE UNIT _ QUANTITY _-(DOLLARS.,,a)- _,,_ (DOLLARS) lF t ro O 93 11:L__49 LB 1 LF 1 i5 -8M — EA 1 /42??1.-- EA END ANCHORAGE (MAX -TENSION TERMINAL) (NONFLARED) BRIDGE RAIL TYPE 10 MASH (SPECIAL) 607-01015 FENCE (5 -STRAND BARBED WIRE) (TEMPORARY) 607-01020 FENCE (5 -STRAND BARBED WIRE) (PERMANENT) 807-11525 FENCE (PLASTIC) 612-00000 RETROREFLECTOR TAB 612-00001 DELINEATOR (TYPE I) 612-00002 DELINEATOR (TYPE 0) 612-00003 DELINEATOR (TYPE III) 614 00011 SIGN PANEL (CLASS I) 614-00218 STEEL SIGNPOST (2-1/4 INCH z 2-1/4 INCH SQUARE POS 620-00020 SANITARY FACIUTY 625-00001 CONSTRUCTION SURVEYING 626-00008 MOBIUZATION" 627-00001 PAVEMENT MARKING PAINT 627-00008 MODIFIED EPDXY PAVEMENT MARKING 630 00100 TRAFFIC CONTROL- SIGNS ONLY (NO FLAGGERS) (MINOR ENCROACHMENT) 630-00101 TRAFFIC CONTROL - SIGNS ONLY (NO NAGGERS) (ROAD �._ CLOSURE] . 630-00102 TRAFFIC CONTROL - SIGNS AND FLAGGERS (LANE CLOSL 630.80400 PORTABLE MESSAGE SIGN PANEL 630-05041 MOBILE ATTENUATOR 700-70010 F/A MINOR CONTRACT REVISIONS 700-70380 HA EROSION CONTROL 700-74000 F/A IRRIGATION 700.74010 RA SUBSURFACE UTILITY ENGINEERIN 700.95000 F/A BIOHAZARD CLEANUP EA LF LF LF LF 3cA9 ' 6-, 350 1-40'1' 5S6 56-4 5f6- �. 1 51`e 1 /2, 74-12,71' EA 1 2V 2t" sB EA 167 e° moo ��? ...._ . 2O-vo 1i35br® 43&2 / GYlO4�' 1 Z5-,9- 3,6 o - DAY OO OT DAY 273- 2 7J `"5. DAY .._ ._ . 1 3, 7G" 3 7ee, iB DAY 1 1- Q.- DAY FA FA FA FA FA EA SF LF EA LS EA GAL GAL 924-00170 PROCESS CONTROL TESTING FOR ITEMS 203, 206, 304, 306, 8 603 DAY $25,000' $25,000• $15,000' 115,000' $7,000' $7,000• $20,000' $20,000. $20,000 $20,000 as M ;Y0`r `These amounts shall be utilized for the initial contract period. It is anticipated that potential future renewal periods will utilize the same amounts or less. "'Mobilization Unit Price and Total Price shall not be provided on the Bid Schedule, but shall be provided on the Bid Tabulation in Exhibit 1 in accordance with Subsection 626.02, BID NO. B2300048 Page 21 -Al (.reyIcy ()nice; P (1.1 S1)(,;; loll. (').'(11 (1()-.8;': 1 ;1\• -!71)1 i (C1INSXRUCIORS] S ink O(1iru: (' (0 Ih1\ 5,:z: C0 SHIT? Ph ('I')1 `1-�')5r, I J.,. ( 7I')► ; } QUOTATION To: Weld County Attn: Mike Bedell mbedell@weld.gov Job or Project: WCR 72 Irrigation Date: November 8th, 2024 TLM Constructors, Inc., will furnish all labor, material and equipment to complete the following scope of work at the unit prices tad. Quantity Unit Unit Price Total Item a Description 1 Clearing and Grubbing (Large Quantity) 1.00 LS $ 23.500.00 $ 23,500.00 2 Removal of Pipe 94.00 LF $ 45.00 $ 4.230.00 3 Unclassified Excavation (CIP) (Large Quantity) 385.00 CY S 40.00 $ 15,400.00 4 Unsuitable Material (Contingency) 100.00 CY $ 110.00 $ 11.000.00 5 Embankment Material (CIP) (Large Quantity) 484.00 CY $ 50.00 $ 23,200.00 8 Utility Potholing 5.00 EACH $ 760.00 r 5 3,800.00 7 Structure Backfill (Flow -All) (Weld County Mix) 10.00 CY $ 238.00 $ 2,380.00 8 Topsoil (Onsite) 588.00 CY $ 24.00 $ 14,064.00 9 Concrete Washout Structure 1.00 EACH $ 2,250.00 $ 2,250.00 10 Erosion Control Management 45.00 DAY $ 325.00 $ 14,625.00 5120.00 SY $ 0 43 $ 2,201.80 11 Seeding (Native) 12 Mulching (Weed -Free Hay) (with Tackitier) 5120.00 SY $ 0.43 $ 2,201.60 13 Riprap (9 -Inch) 11.00 CY S 225.00 $ 2.475.00 14 Concrete Slope and Ditch Paving 67.00 CY i $ 900.00 $ 60.300.00 15 Concrete Class 0 16.00 CY $ 1.260.00 $ 20,160.00 16 Reinforcing Steel (Epoxy Coated) 620.00 LB S 3.75 $ 2,325.00 17 12 Inch Corrugated Steel Pipe 35.00 LF i $ 155.00 A $ 5.425.00 18 18 Inch Equivalent Corrugated Steel Arch Pipe a 125.00 LF $ 195.00 $ 24.375 00 19 10 Inch Plastic Pipo (80 psi) 5.00 LF $ 500.00 $ 2.500.00 1 20 Sanitary Facility 1.00 EACH $ 1.350.00 $ 1.350.00 21 Construction Surveying 1.00 LS $ 13,000.00 $ 13.000.00 22 Mobilization 1.00 LS $ 30.578.72 $ 30,578.72 23 Traffic Control (Signs Only) (No Flagging) 35.00 DAY $ 245.00 S 8,575.00 ' 6.00 OAY _ $ 275.00 _ $ 1,650.00 24 Traffic Control (Road Closure) 25 Traffic Control (Lane Closure)(With Flaggers) _ 4.00 DAY S 3,700.00 $ 14,800.00 26 F/A Minor Contract Revisions 1.00 FA $ 30,000.00 $ 30,000.00 S 336,365.92 Total SW Notes: Quoted prices are based on the provided plans, the quoted price includes all materials, labor, management and mobilization to complete the work. Exclusions: Asphalt Patching Bond (Add 1.5% if Required) Engineering / Testing Terms: Net 30 days upon completion. A 1.5% FINANCE CHARGE (which is an ANNUAL PERCENTAGE RATE OF 18%) will be added each month to all past due accounts. Conditions: 1. Prices quoted herein Include Sales. Use and Transportation taxes. (N/A — Exempt Project) 2. This quotation may be withdrawn or modified by TLM Constructors, Inc. if not accepted within 10 days from date. 3. Delivery of products or performance of services herein quoted is subject to delays occasion rc Q1ces beyond our control Accepted Kevin oss, chair, By Board of Wetd County Corr hers r� v1/4, Date TLM Constructors. Inc. Signed Jaedon Mills -- ay.. -• .. M.,/... ...efa '.• li.... ..• _._ .. .•.. •- Name Jaedon L. Mills Title Vice President Quality, Our (Ins/when P,Y1mi.w 14:()1 ‘1,0111)014 II Nil 1' N.1I1I'IAI1114 w z023-- 04L0-1 n r ct For Entity Information Entity Name* TLM CONSTRUCTORS, INC Entity ID* @00015325 Contract Name * 2025 RENEWAL OF CONSTRUCTION SERVICES AGREEMENT Contract Status CTB REVIEW O New Entity? Contract ID 8985 Contract Lead * MBEDELL Contract Lead Email MBedell@weld.gov Parent Contract ID 6721 Requires Board Approval YES Department Project # AN -1 Contract Description * THIS IS THE SECOND RENEWAL OF ORIGINAL CONTRACT #6721. THE FIRST RENEWAL FOR 2024 WAS APPROVED #7824 AND EXPIRES ON 12/31/24. THIS SECOND RENEWAL IS INTENDED FOR THE TIME PERIOD OF 1/01/25 - 12/31/25. Contract Description 2 Contract Type * RENEWAL Amount* $ 500,000.00 Renewable * YES Automatic Renewal NO Grant NO IGA NO Department PUBLIC WORKS Department Email CM- PublicWorks@weld.gov Department Head Email CM-PublicWorks- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL EY@WEL D.GOV If this is a renewal enter previous Contract ID 6721 If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Due Date Date* 12/26/2024 12/30/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date* 12/31/2025 Renewal Date* 12/31/2025 Committed Delivery Date Expiration Date Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel .CURTIS HALL CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 12/19/2024 12/19/2024 12/19/2024 Final Approval BOCC Approved Tyler Ref # AG 123024 BOCC Signed Date Originator MBEDELL BOCC Agenda Date 12/30/2024 c+11)4-27. co BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: First Renewal of Construction Services Agreement for TLM Constructors, Inc. (2024 Bridge Rehab) DEPARTMENT: Public Works DATE: 2/6/24 PERSON REQUESTING: Erich Green / Don Dunker Brief description of the problem/issue: Weld County entered into a one (1) year Construction Services Agreement (Original Contract) with TLM Constructors, Inc. (TLM) in 2023 to provide bridge rehabilitation services on existing Weld County bridges. The Original Contract indicates that at the option of Weld County, it may be renewed for one (1) additional year a maximum of two (2) times. TLM is a Weld County company with an office in Greeley. They provided quality construction services under the Original Contract and completed all work in a professional manner and under budget. TLM has offered to hold all Original Contract (2023) unit prices for the 2024 renewal rather than applying the allowable +4.5% cost adjustments from the most recent Denver, Aurora, and Lakewood Consumer Price Index (through November 2023). Public Works staff recommends renewal of the Original Contract beginning February 12, 2024 and ending December 31, 2024. What options exist for the Board? 1. Approve the first renewal of the Original Contract and allow it to be placed on the next available Consent Agenda 2. Ask for a work session and additional information. Consequences: If the Original Contract is not renewed, Public Works will not immediately have an on - call, turn -key construction contract in place to handle unique bridge maintenance and repair needs. Impacts: Not being able to respond efficiently and effectively to bridge maintenance and repair needs can have a negative effect on the life of bridge structures and speed up costly bridge replacement timelines. Costs: Costs will not exceed $375,000.00 and are accounted for in the Public Works 2024 fiscal year budget. The renewal only affects 2024 so subsequent fiscal year budgets will not be affected by the Original Contract renewal. Recommendation: Staff recommends renewal of the Original Contract and is asking for this item to be placed on the next available Consent Agenda for consideration. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman Scott K. James Kevin D. Ross, Chair Lori Saine Cunt 2A L-1/244 K e -&,P g34),--( ) c)2//4/.2.,i- 2026--bgto`l 660OS CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND TLM CONSTRUCTORS, INC. This Agreement Extension/Renewal ("Renewal"), made and entered into g, `day of February, 2024, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the "Department", and TLM Constructors, Inc., hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as Document No. 2023-0467, Contract ID No. 6721, approved on March 1, 2023. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement for the first of two possible renewals of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: The Original Agreement will end on February 29, 2024. The parties agree to extend the Original Agreement for a one (1) -year period, which will begin February 12. 2024 and will end on December 31. 2024. The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. There are no changes being made to the unit prices included in the 2023 Original Agreement. 2. There are no changes being made to the Contract Documents. 3. The total anticipated cost for the period from February 12, 2024 to December 31, 2024 is $375,000.00. All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: TLM CONSTRUCTORS, INC. Aaron L. Mills, President Printed Name Digitally signed by Aaron L. Aaron L. Mills Dalte: 2024 02 08:15:09 Signature -070o' BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Perry L Bu C air Pro -Te ,) ACO D® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 09/21/2023 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 policy(ies) must have ADDITIONAL INSURED provisions or 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 1-844-484-7750 Holmes Murphy & Associates - CO COMNTACT Velia Mancha NAE: PHONE FAX IA/C. No. EA: (A/C, No): 7600 East Orchard Road, Suite 230 South E-MAIL vmancha@holmesmurphy.com ADDRESS: rP Y•com INSURERS) AFFORDING COVERAGE NAIL # Greenwood Village, CO 80111 MSURERA: ZURICH AMER INS CO 16535 INSURED INSURERS: TRAVELERS PROP CAS CO OF AMER 25674 TLM Constructors, Inc. INSURER CXL SPECIALTY INS CO 37885 P.O. Box 336638 mSURERD:BERKLEY ASSUR CO 39462 INSURER E : Greeley, CO 80633 INSURERF: COVERAGES CERTIFICATE NUMBER: 69690292 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. INSR LTR TYPE OF INSURANCE ADDL SUER INSD imp POUCYNUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIALGENERALLIABILITY CLAIMS -MADE OCCUR X PD Deductible: $2,500 GLO014404108 10/01/23 10/01/24 EACHOCCURRENCE $ 1,000,000 PREM SESO(Ea DccTurrence) $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GENERALAGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY L PROT K LOC JEC OTHER: PRODUCTS-COMP/OPAGG $ 2,000,000 A AUTOMOBILELIABILITY X ANY AUTO AUTOWNED OS ONLY X HIRED AUTOS ONLY SACHEDULED UTOS X NON -OWNED AUTOS ONLY BAP01440208 10/01/23 10/01/24 COMBINEDSINGLELIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ B X UMBRELLALIAB EXCESS LIAB 0 OCCUR CLAIMS -MADE CUP6S81348123NF 10/01/23 10/01/24 EACHOCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 $ DED I X J RETENTION$ 10,000 A WORKERSCOMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR PE'rTNER/EXECUTIVE i N OFFICER/MEMBEREXCLUDED? N (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A WCO01404008 10/01/23 10/01/24 XISTATUTE I IOERH E.L. EACH ACCIDENT $ 1, 000, 000 E.L. DISEASE - EA EMPLOYEE $ 1, 000 , 000 E.L. DISEASE - POLICY LIMIT $ 1, 000 , 000 C D Leased/Rented Equipment Pollution/Professional UM00145633MA23A PCADB50156361023 10/01/23 10/10/23 10/01/24 10/10/24 $500,000 Limit $1M Occ/$2M Agg 2,500Ded 10,000Ded DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: 2023 Bridge Rehabilitation Services As required by written contract or written agreement, Weld County, Colorado, its officers, and employees are included a. Additional Insureds under General Liability, Automobile Liability, Umbrella Liability and Pollution Liability with respect to the above referenced. As required by written contract or written agreement, a Waiver of Subrogation in favor of Weld County, Colorado, its CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Weld County, Colorado THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 758 1111 H Street Greeley, CO 80632 USA AUTHORIZEDREPRESENTATIVE a,'1-7,4 ACORD 25 (2016/03) VMancha 69690292 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE 09/21/2023 NAME OF INSURED: T. Constructors, Inc. officers, and employees applies to Workers Compensation, General Liability, Automobile Liability, Umbrella Liabili and Pollution Liability with respects to the above referenced. SUPP (10/00) Contract Form Entity Information Entity Name * TLM CONSTRUCTORS, INC Entity ID* @00015325 Contract Name * 2024 BRIDGE REHABILITATION SERVICES Contract Status CTB REVIEW Q New Entity? Contract ID 7826 Contract Lead * EGREEN Contract Lead Email egreen@co.weld.co.us Parent Contract ID 6721 Requires Board Approval YES Department Project # AN -1 Contract Description* FIRST OF TWO POSSIBLE RENEWALS OF THE 2023 BRIDGE REHABILITATION SERVICES AGREEMENT Contract Description 2 CONSTRUCTION SERVICES FOR ANNUAL BRIDGE REHABILITATIONS Contract Type" RENEWAL Amount* $375,000.00 Renewable* YES Automatic Renewal Grant IGA Department Requested BOCC Agenda Due Date PUBLIC WORKS Date* 02/10/2024 02/14/2024 Department Email CM- PublicWorks@weldgov.co m Does Contract require Purchasing Dept. to be Department Head Email included? CM-PublicWorks- DeptHead@weldgov.com Will a work session with BOCC be required?* NO County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL NTYATTO R N EY@W EL DGOV.COM If this is a renewal enter previous Contract ID 6721 If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date * 11/30/2024 Renewal Date"' 12/31/2024 Committed Delivery Date Expiration Date Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 02/12/2024 Approval Process Department Head Finance Approver Legal Counsel .CURTIS HALL CONSENT CONSENT DH Approved Date Finance Approved Date Legal Counsel Approved Date 02/12/2024 02/12/2024 02/12/2024 Final Approval BOCC Approved Tyler Ref # AG 021424 BOCC Signed Date Originator EGREEN BOCC Agenda Date 02/14/2024 Ouniyac+-1Dth(121 MEMORANDUM TO: Esther Gesick, CTB DATE: February 27, 2023 FROM: Erich Green, P.E., Public Works SUBJECT: Agreement for B2300048 (Contract ID #6721) (2023 Bridge Rehabilitation Services) Attached is the contractor signed agreement and exhibits for the above referenced project. Please place the agreement on the soonest available BOCC Consent Agenda. The BOCC approved the emergency award of this contract to TLM Constructors, Inc. on February 27, 2023. In addition to the signed contract, the contractor has provided a performance bond, labor & materials payment bond, and certificates of insurance. The BOCC is asked to sign this agreement so that bridge rehabilitation work planned for 2023 can begin as soon as possible. The contractor does not require a wet -signed version of the contract once it is executed. I will plan on attending the BOCC meeting to answer any questions that the Board may have regarding this agreement. Dn'endF 63 /01123 men 023 Brig Rehab Agreemr OCC.docx 2 on- lo -7 et (3(S1 WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & TLM CONSTRUCTORS, INC. 2023 BRIDGE REHABILITATION SERVICES THIS AGREEMENT is made and entered into this day of 1'&(kf/0(1 , 2023, 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, hose�,ad��djjes is 1150 "O" Street, Greeley, Col ra o 80 h i r e,,f�erJ,ed to as ��,�v "County," and 7L/4. C av✓fiE /4hose address is ! �fi � �-O� � / hereinafter referred to as "Contractor". WHEREAS, Weld County Public Works is in need of bridge rehabilitation services throughout the County, (hereinafter referred to as the "Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake rehabilitation of County bridge(s) during the 2023 calendar year, 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. B2300048". The RFB 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. 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. In its sole discretion, the County, by the Director of the Department of Public Works or his/her designee may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. azoaa-o 4&7 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. At the option of County, this Agreement may be extended for one (1) additional year a maximum of two (2) times. Price changes for items in the bid schedules will be negotiated by and agreed to by both parties for each extension and any increases shall not exceed the Denver -Aurora -Lakewood Consumer Price Index (CPI). 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 such written authorization and acknowledgment by the County for such additional services is not obtained, 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. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement. 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 $667,515.54, 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. 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. 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. 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 pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies caused by contractors workmanship or performance. 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, 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 be 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 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. 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 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 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 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, and liability assumed under an insured contract. The policy shall be endorsed to include 1) the Additional Insured Endorsements CG 2010 (or equivalent), 2) CG 2037 Additional Insured for products/completed operations, and 3) the Designated Construction Projects General Aggregate Endorsement CG 2503. 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; $500,000 error and omissions; and $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, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. 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 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. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name "Weld County, Colorado, its officers, and employees" as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All 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 coverages 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. Contractors 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 Contractor described in the Contractor's scope of services. Policy shall cover the Contractor'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 Contractor 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 Contractor, including completed operations". Minimum Limits: Per Loss Aggregate $1,000,000 $1,000,000 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. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall 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. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 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/her 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. Notification Information: Contractor: TLM Constructors, Inc. Attn.: Aaron L. Mills, President Address: 3400 W. 16th Street, Bldg 2-O, Greeley, CO 80634 Address: P.O. Box 336638, Greeley, CO 80633 E-mail: amills@tlmconstructors.com Facsimile: (970) 346-8324 With copy to: Name: Jaedon Mills Position: Vice President Address: 3400 W. 16th Street, Bldg 2-O, Greeley, CO 80633 Address: P.O. Box 336638, Greeley, CO 80633 E-mail: jaedon@tlmconstructors.com Facsimile: (970) 346-8324 Coun Name: Erich Green, P.E., L.S.I. Position: Project Engineer Address: P.O. Box 758 Address: 1111 H St, Greeley, CO 80632 E-mail: egreen@weld.gov Facsimile: (970) 304-6497 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 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. 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 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 a 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 acknowledges 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. Contractor understands and agrees that, if required by the provisions of Exhibit A, the work shall be in compliance with the Davis -Bacon Wage Rates. (If compliance with this statute is required by County under this Agreement, a copy of the information is contained in Exhibit A, County's Request for Bid, and is a part this Agreement) 31. Attorney's 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. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000 annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract. "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state -issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion. This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. WITNESS WHEREOF, the parties hereto have signed this Agreement this day of , 2023. CONTRACTOR: 2M. „944,2-4.0i, 2 ' By: Name: 4i4¢c.� L. Idyls Title: es sn Date f£$Se 2Z 2O43 WELD COUNTY: (� ,�,/ ATTEST: W.,sattAgiv ... 4;ok BOARD OF COUNTY COMMISSIONERS Weld ' o i �y Clerk to Board WELD COUNTY, COLORADO Deputy J-rk . the;.' BY: ike Freeman, Chair MAR 0 12323 °td. - o 4G7 1 PAGE OF DOCUMENT BID REQUEST NO. B2300048 INCLUDED IN PAPER FILE. REMAINDER RETAINED ELECTRONICALLY IN TYLER. WELD COUNTY DEPARTMENT OF PUBLIC WORKS CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR: 2023 BRIDGE REHABILITATION SERVICES (with options for 2024, 2025) January 2023 Weld County Public Works Division of Engineering P.O. Box 758 1111 H Street Greeley, Colorado 80632 970-304-6496 BID NO. B2300048 Page 1 TABLE OF CONTENTS The following checked forms and provisions take precedence over plan drawings and supplement the 2022 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) which is to be used to administer the construction of this project. BIDDING REQUIREMENTS: "All Bidders must submit these forms with their Bid. Notice to Bidders 3 Invitation to Bid 4 Instructions to Bidders 5-16 Bid Proposal 17-18 "Bid Schedule 19-21 *Receipt of Addenda .22 *Bid Bond 23 *IRS Form W-9 24 *Statement of Qualifications and Subcontractors 25-28 *Anti -Collusion Affidavit (Weld Form #606) 29 WELD COUNTY CONTRACT FORMS: *Most cost-effective responsible Bidder must submit these forms by 3:00pm on the third business day following the bid opening. **Most cost-effective responsible Bidder must submit these forms prior to Contract Award. *Contractor's Performance Capability Statement (Weld Form #605) 30 *Assignment of Antitrust Claims (Weld Form #621) 31 **Notice of Award 32 **Sample Agreement 33-43 **Performance Bond 44-45 **Labor and Materials Payment Bond 46-47 Notice to Proceed 1 48 Notice to Proceed 2 49 Change Order (Example) 50 Certificate of Substantial Completion 1 51 Certificate of Substantial Completion 2 52 Lien Waiver (General Contractor) 53 Final Lien Waiver (Subcontractors) 54 Notice of Final Acceptance 55 WELD COUNTY PROJECT SPECIAL PROVISIONS: Project Special Provisions Index 56-57 Project Special Provisions 58-226 CDOT STANDARD SPECIAL PROVISIONS: Standard Special Provisions Index 227 Recently Revised Standard Special Provisions 228-268 EXHIBITS: Exhibit 1 — 2023 Bridge Rehabilitation Services Bid Tabulation 269-270 Exhibit 2 — Bridge 27.5-48A Rehabilitation Plans (13 Sheets) Exhibit 3 — Typical Details (5 Sheets) Exhibit 4 — Standard Plans List (1 Sheet) BID NO. B2300048 Page 2 EXHIBIT B BID PROPOSAL To: Weld County Purchasing Department P.O. Box 758, 1150 "O" Street Greeley, Colorado 80632 Attention: Christie Peters, Purchasing Director Bid Proposal for: 2023 BRIDGE REHABILITATION SERVICES PROPOSAL Pursuant to and in full compliance with all Contract Documents the undersigned Bidder hereby proposes to furnish all labor and materials and to perform all Work required for the complete and prompt execution of everything described or shown in or reasonably implied from the Bidding Documents, including the Drawings and Specifications, for the Work above indicated for the monies indicated below which includes all State, County and local taxes normally payable with respect to such Work. The amounts stated include all allowances for profit and overhead, taxes, fees and permits, transportation, services, tools and equipment, labor and materials and other incidental costs. The Bidder and all Sub -Bidders shall include in their bid all Sales and Use Tax if applicable. State of Colorado and Weld County tax shall not be included. Upon application, the State of Colorado Department of Revenue shall issue to a Bidder or Sub -Bidder a Certificate or Certificates of Exemption indicating that the purchase of construction or building materials is for a purpose stated in Section 39-26-114, CRS, and is free from Colorado State Sales Tax. EXAMINATION OF DOCUMENTS AND SITE The Bidder has carefully examined the Bidding Documents, including the Drawings and Specifications, and has examined the site of the Work, so as to fully appraise themselves of the conditions at the site and to gain a clear understanding of the Work to be executed and is thoroughly familiar with all local, state and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. PROPOSAL GUARANTEE This Bid Proposal is accompanied by the required Bid Bond of five percent (5%) based upon the TOTAL cost as per Exhibit 1. Weld County, Colorado is authorized to hold said Bid Bond for a period of not more than sixty (60) days after the opening of the Bids for the Work indicated, unless the undersigned Bidder is awarded the Contract within said period, in which event the Owner may retain said Bid Bond until the undersigned Bidder has executed the required Agreement and furnished the required Performance Bond, Labor & Materials Payment Bond, and Certificates of Insurance. TIME OF COMPLETION The Bidder agrees to make their best effort to complete the entire Project as soon as possible and within the time specified in the Project Special Conditions after the issuance of the Notice to Proceed subject to the CDOT Standard Specifications for Road and Bridge Construction, Section 108 and as revised by Weld County. EXECUTION OF DOCUMENTS The Bidder understands that if this Bid Proposal is accepted, they must execute the required Agreement and furnish the required Performance Bond, Labor & Materials Payment Bond and Insurance Certificates within ten (10) days from the date of Notice of Award. BID NO. B2300048 Page 17 METHOD OF AWARD The Owner reserves the right to reject any Bid from any Bidder whom the Owner deems is unfit or unqualified to complete the Work as specified regardless of the amount of the Bid. It is understood by the Bidder how Bids shall be awarded and that should the cost of the Bid exceed budgeted funds, the Owner reserves the right to reject any or all Bids or portions of Work Bid or the use of any of the methods stated in the Instructions to Bidders to obtain the most advantageous Bid price. All bids will be reviewed by the Owner and Engineer. For any discrepancy between words and figures, the words will control. All mathematics will be checked, and the correct total used for determining the most cost-effective responsible bidder. BID NO. B2300048 Page 18 NOTE: The following are items of work to be completed by Weld County: Materials Owner Acceptance Testing Construction Inspection RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. 1 Date: Feb 1, 2023 By: Erich Green, PE Addendum No. 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. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for bid for Request No. B2300048. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. The signatory is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, project specifications and scope of services), 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. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, 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. FIRM TLM Constructors, Inc. BUSINESS ADDRESS 3400 W. 16th Street, Bldg 2-O By Aaron L. Mills (Please print) DATE Feb 10, 2023 CITY, STATE, ZIP CODE Greeley, CO 80631 TELEPHONE NO 970-346-8323 FAX 970-346-8324 TAX ID # 84-1188026 Aaron n L Digitally signed by SIGNATURE Aaron L. Mills E-MAIL amills@tlmconstructors.com Date: 2023.02.10 Mills 09:53:01 -07'00 O ALL BIDDERS SHALL PROVIDE AN IRS FORM W-9 WITH THE SUBMISSION OF THEIR BID. FAILURE TO SUBMIT A W-9 SHALL RESULT IN THE BID NOT BEING ACCEPTED. WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1-18. BID NO. B2300048 Page 22 STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: February 10, 2023 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): TLM Constructors, Inc. 2. Permanent main office address: 102 C Street / P.O. Box 505, Swink CO 81077 Phone Number: 970-346-8323 Fax Number: 970-346-8324 3. Year Company was organized: 1991 4. Number of years this Company has been engaged in similar construction: 32 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? TLM Constructors, Inc. / 32 Years / Bonding for 32 Years 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: Loveland Centerra Trail No. 2022-77 $ 977,000.00 April 2023 CDOT Reg 4 Plug Joints $ 125,000.00 May 2023 SH 71 Resurfacing (CDOT) $ 451,000.00 June 2023 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. NA 7. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. NA BID N0. B2300048 Page 25 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. NA 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. NA 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. NA 11. Describe all contracts that the Company failed to complete. NA 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. NA 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, owner's representative and phone number, date completed and contract amount for each project. Project Name: Weld County Bridge Rehabilitation Project Location: Weld County Owner's Representative: Erich Green, PE Supt: Jaedon Mills Phone: 970-400-3742 BID NO. 82300048 Page 26 Completion Date: December 2021 & 2022 Contract Amount: Project Name: PPRTA Bridge Maintenance Contract Location: Colorado Springs Owner's Representative: Christopher Scovel Supt: Brad Adams Phone: 719-367-3215 Completion Date: December 2022 Contract Amount: $700,000.00 Project Name: SH 71 Approach Slab Repair Location: SH 71 Otero County Owner's Representative: Tim McGhghy Completion Date: March 2023 Supt: Harley Dellinger Phone: 719-251-6970 Contract Amount: 589,763.00 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 AWP Safety WORK DESCRIPTION Traffic Control Ideal Fencing Guardrail % OF WORK 5% 30% 15. List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc. NAME Aaron Mills Jaedon Mills Jay Turpin YRS. PERTINENT TITLE EXPERIENCE President 31 Superintendent 8 Foreman 34 16. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. NA BID NO. B2300048 Page 27 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 10 NOTARY County of Kid State of l 2/) th. 1L1 deposes and says that he is _Fur?am s f Le UYa 1 I IZL'(Title) �� I (Company Name) and all statements therein contained are true and correct. Subscribed and sworn before me this day of February Bidder:TLM Constructors, Inc. Aaron Digitally signed by Aaron By, Aaron L. (Mills L Meil.1 Date: 2423.02.10 09:53:33 Signature -07'00' Name: Aaron L. Mills (Please Type) Title: President , 2023. ) ss. 0,06/`/ _ day of, 2023. (SEAL) WANDA M WEINREICH NOTARY PUBLIC - STATE OF COLORADO NOTARY ID 20084009576 MY COMMISSION EXPIRES MAR 22, 2024 2?, eoe Com 'salon Expires being duly sworn, of, and that the answers to the foregoing questions Notary Public BID NO. B2300048 Page 28 BID BOND PROJECT: 2023 BRIDGE REHABILITATION SERVICES KNOW ALL MEN BY THESE PRESENTS, that we, TLM Constructors. Inc. as Principal, hereinafter called the "Principal", a Corporation [corporation, partnership, or individual] duly authorized by law to do business in the State of Colorado, and RLI Insurance Company [surety company name], a corporation duly authorized to do surety business under the laws of the State of Colorado as Surety, hereinafter called the "Surety", are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") as Obligee in the penal sum of Five Percent of the Total Amount Bid Dollars ($ 5% ), 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. WHEREAS, the Principal has submitted a Proposal dated February 10 , 2023 for the 2023 BRIDGE REHABILITATION SERVICES PROJECT, and if selected as the Contractor on this Project, the Principal and Surety are firmly bound and jointly and severally liable to the Owner in the penal sum described above. WHEREAS, the Owner has required as a condition for receiving said Proposal that the Principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Proposal or in lieu thereof furnish a Proposal 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. The above obligation is void if the Principal enters into the Contract within sixty (60) days of selection of the Principal, negotiates any final terms and conditions in good faith, and has furnished all required documents for issuance of the Notice to Proceed, unless time is extended by Owner. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this day of February , 2023 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. Principal: TLM Co9sfructo, Inc. Witness: NIA Signature: Title: Aaron L. Mills, President ATTEST: Angela M. Mills, Secrete By: Printed Name: NIA Surety: RU Insurioce Company , Witness: Signet /r/ Title: Sarah C_ Brown. Attnmey in -Fa t ATTEST: N/A By: N/A Printed Name: J. Rini, Surety Witness POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: E in the City of Greenwood Village , State of Colorado its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $2$,000.000,00 ( for any single obligation, The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shalt be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 18th day of January , 2023 . State of Illinois SS County of Peoria On this 18th day of January , 2023 , before me, a Notary Public, personally appeared Barton W. Davis , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLl Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation, By: Catherine D. Geiger CATHERINE D GEIGER OFFICIAL SEAL Notary Public Stele of Illinois My Commission Expires o7ecornbel 05.2028 Notary Public RLI Insurance Company Contractors Bonding and Insurance Company By: Barton W. Davis CERTIFICATE Vice President I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and etTect and is irrevocable; and fiuthormore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this 3r day of February , 2023 . RLI Insurance Company Contractors Bonding and Insurance Company Jeffrey L icl�a +r " D Corporate Secretary 051'7145010111 A0058D19 WELD COUNTY ANTI -COLLUSION AFFIDAVIT B2300048 LOCATION 2023 Bridge Rehabilitation Service I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm, I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder. 2A. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to bid opening. 28. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm. 3A. No attempt has been made to solicit, cause or Induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non- competitive bid or other form of complementary bid. 30. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project. 4, The bid of my firm Is made In good faith and not pursuant to any consultation, communication, agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom- petitive or other form of complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high, noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or other conduct inconsistent with any of the statements and representations made in this affidavit. 8. I understand and my firm understands that any misstatement In this affidavit is and shall be treated as a fraudulent concealment from Weld County, of the true facts relating to submission of bids for this contract. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE, TLM Constructors, Inc. Aaron L. Digitally signed by AAilic Mi l i S Date: 2023.02.10 one 09.54.0G -0r00' Aaron L. Mills, President 12/10/2023 2nd an4racior's inn or company name. QI loot venture. ) I tele Sworn o before me this AO day of, r , aj(�/ 20 ai 22. Ez/ OTE: This document must be signed in ink. WANDA M WEINREICH NOTARY PUBLIC - STATE OF COLORADO NOTARY ID 20084009576 MY COMMISSION EXPIRES MAR 22, 2024 Weld Pam 0608 120 BID NO. B2300048 Page 29 EXHIBIT 1 2023 BRIDGE REHABILITATION SERVICES BID TABULATION —ADDENDUM 1 The bid tabulation below including the SUBTOTAL and TOTAL must be submitted with the bid schedule, and the unit prices must match the unit prices shown on the submitted bid schedule, or the bid will be rejected. BID TABULATION (BRIDGE 27.5.48A REHABILITATION' ITEM NO. ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE (DOLLARS; TOTAL PRICE (DOLLARS) 202-00009 REMOVAL OF DEBRIS CY 3 �pp -- 202-00246 REMOVAi OF ASPHALT MAT (PLANING) (SPECIAL) (1 INCH -12 THICK) SY 648 29 t'-'INCHES lg ] z. 202-00427 REMOVAL OF BRIDGE RAIL SUPPORTS (SPECIAL) EA 48 /3O'' 7Zoo B' 7 y 0' 202-00428 REMOVAL OF BRIDGE MOUNTED UTILITY CONDUIT (SPECIAL) LF 165 • /5 e' 202-00530 REMOVAL OF EXISTING DETERIORATED, SPALLED. AND UNSOUND CONCRETE SF 700 5 so -1 — . e 35�v " 202-01130 REMOVAL OF GUARDRAIL (TYPE 3) LF 298 /3 5a .02S. °' 202-01175 REMOVAL OF GUARDRAIL (SPECIAL) LF 304.4 36"i0W 203-00000 UNCLASSIFIED EXCAVATION CY 25 ,3B' 4/t 575`' T pAP 0 f / "We 203-01598 POTHOLING (SPECIAL) EA 4 749E 206-00068.5 FLOW FILL (WELD COUNTY MIX) (PLACEMENT ONLY) CY 20 70 208-00046 PREFABRICATED CONCRETE WASHOUT STRUCTURE (TYPE 1) EA 2 4250',,i5-..''' If 5 ®a 208-00106 SWEEPING (SEDIMENT REMOVAL) HR 10 240-00010 REMOVAL OF NESTS HR 16 f T0 , Z 0 240-00020 NETTING SY 800 2.5 /6.- f fG1AG� IP J,5/5z =' AGGREGATE BASE COURSE (CLASS 6) TON 8.8 /Ail' X840, 5 HOT MIX ASPHALT (GRADING SX) (100) (PG 64-22) (HAULING AND PLACEMENT ONLY TON 178,5 00 95 ' !4 yv 509-90015 FIELD CLEANING AND PAINTING OF STEEL SF 10 /94. d' T 515-00120 WATERPROOFING (MEMBRANE) SY 491 �3 B' 1/.2 3 o0 601-06021 CONCRETE CRACK REPAIR (HORIZONTALNERTICAUOVERHEAD) (DAYTON SUPERIOR SURE ANCHOR 1551} LF 150 N SD c' �'TaV `�'- 55 - /2G"ICr;+ ,yo' 9' 5 V6 -tie W/�7 601-06151 CONCRETE PATCHING (HORIZONTAL) (UP TO 4 INCHES THICK) (DAYTON SUPERIOR HD 50) SF 700�/ l.e'''''' 601-06152 CONCRETE PATCHING (VERTICAUOVERHEAD) (UP TO 4 INCHES THICK) (DAYTON SUPERIOR HD 25 VO) SF 22 p• -344.00 SD ` 601-06170 CONCRETE PATCHING (HOLE) (HORIZONTALNERTICALIOVERHEAD) (UP TO 12 INCHES THICK) (DAYTON SUPERIOR HD 25 VO) SF 1.2 6011000 CLEANING AND SEALING OF VERTICAL CONCRETE JOINT (0-3 LF 18 �� 606-00302 TYPE 3 (31 INCH MIDWEST GUARDRAIL SYSTEM) GUARDRAIL TYPE LF 250 ,�." o 187 �r : 606-01370 TRANSITION TYPE 3G EA 4 j .1;1 2' .. 606-01400 TRANSITION TYPE BR10M-GR3 EA 4 2025 s1 6-a,' " 606-02008 END ANCHORAGE (MSKT TERMINAL) (NONFLARED) ER 2 •��4rrr77 31('-' 43,1 -0 1‘9,LY4'. �� .ee> 14 2.Y 606-11036 BRIDGE RAIL TYPE 10 MASH (SPECIAL) LF 304.4 � ((((((5 i, 607-11525 FENCE (PLASTIC) LF 125 5 e 6257 19 ,� ' 620-00020 SANITARY FACILITY EA 1 f ar1p,ef� /3,412,B 625-00001 CONSTRUCTION SURVEYING LS 1 l 626-00006 MOBIUZATION" EA 1 -52,127,-? W BID NO. B2300048 Page 269-A1 ITEM NO. 630-00102 924-00170 ITEM DESCRIPTION TRAFFIC CONTROL - SIGNS AND FLAGGERS (LANE CLOSURE) PROCESS CONTROL TESTING FOR ITEMS 203, 206, 304, 306, & 803 UNIT DAY DAY QUANTITY 10 2 UNIT PRICE (DOLLARS) .3 764912 TOTAL PRICE DOLLARS. 37000 - 5 -129P -A-3 SUBTOTAL BID TABULATION TOTAL (INCLUDING CONTRACT FORCE ACCOUNTS) ITEM NO. ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE (DOLLARS) TOTAL PRICE (DOLLARS) 700-70010 F/A MINOR CONTRACT REVISIONS FA 1 $25,000' $25,000' 700-70380 F/A EROSION CONTROL FA 1 $15,000" 515,000' 700-74000 F/A IRRIGATION FA 1 $7,000' $7,000' 700-74010 F/A SUBSURFACE UTILITY ENGINEERING (SUE) FA 1 520,000' $20,000' 700-95000 F/A BIOHAZARD CLEANUP FA 1 $20,000" $20,000' TOTAL (,4Q, 1O, *These amounts shall be utilized for the initial contract period. It is anticipated that potential future renewal periods will utilize the same amounts or less. **Mobilization unit price for each bridge rehabilitation will be paid in accordance with Table 1 below. Refer to Revision of 626 — Mobilization, Subsection 626.02. "Original Contract Amount" in Table 1 shall mean the total amount for rehabilitating a specific bridge as determined from the plan summary of quantities and contract unit prices excluding mobilization, or as defined in the Internal Accounting (IA) Form excluding mobilization. Table 1 Mobilization Price Based on Original Contract Amount Original Contract Amount Mobilization Price Less Than $10,000 $1,500 $10,000 to Less Than $75,000 $75,000 to Less Than $112,500 $112,500 and Greater 15% of Original Contract Amount $11,250 10% of Original Contract Amount BID NO. B2300048 Page 270 -Al 2023 BRIDGE REHABILITATION SERVI ES BID SCHEDULE ADDENDUM 1 The submitted bid unit prices, along with the TOTAL cost for the bid tabulation provided in Exhibit 1, will be used by Weld County to select the most cost-effective responsible bid for the contract. The bid tabulation provided in Exhibit 1 must be submitted with the bid schedule below and must utilize the same unit prices, or the bid will be rejected. It is expressly stated that for the initial contract period and for potential future renewal periods, each item may be utilized in quantities greater or lesser than shown or may not be utilized at all, which will be at Weld County's sole discretion. ITEM NO. ITEM DESCRIPTION UNIT BID QUANTITY UNIT PRICE (DOLLARS) TOTAL PRICE DOLLARS 201-00003 CLEARING AND GRUBBING SY 1 20 202-00009 REMOVAL OF DEBRIS CY 1 202-00091 REMOVAL OF RETROREFLECTOR TAB /©. - /O • � 202-00127 REMOVAL OF RIPRAP2'9'''' MN 2^ ' °�'' 2•- 202 00246 REMOVAL ASPHALT MAT (PLANING) (SPECIAL) (1 INCH -12 INCHES THICK) SY 1 OA 2-1 ^ so 29. ^ 202-00427 REMOVAL OF BRIDGE RAIL SUPPORTS (SPECIAL) EA 1 / 5"D. '' /50. eao 202-00428 REMOVAL OF BRIDGE MOUNTED UTILITY CONDUIT (SPECIAL) LF 1 i°p `p. 202-00530 REMOVAL OF EXISTING DETERIORATED, SPALLED, AND UNSOUND SF 1 ..f...CONCRETE � 202-01000 REMOVAL OF FENCE LF 1 7. ZS` 202-01130 REMOVAL OF GUARDRAIL (TYPE 3) LF 1 /A , ° i3 V 202-01175 REMOVAL OF GUARDRAIL (SPECIAL) LF 1 "--# 3S• .a 203-00000 UNCLASSIFIED EXCAVATION CY 1 63 e 43- `'' 203-00010 UNCLASSIFIED EXCAVATION (COMPLETE IN PLACE) CY 1 45 " AI ef 203-00050 UNSUITABLE MATERIAL (MUCK) CY 1 //O. Y' //0 If 203-00060 EMBANKMENT (COMPLETE IN PLACE) CY 1 4,3 ' ‘,1"; '-' 203-01100 PROOF ROLUNG HOUR 1 / WOO. a'IL744 /Z� '^. 203-01598 POTHOUNG (SPECIAL) EA 1 206-00068 FLOW FILL (WELD COUNTY MIX) CY 1 2,,,le' g.. 206-00068.5 FLOW FILL (WELD COUNTY MIX) (PLACEMENT ONLY) CY 1 70.' 74) C 207-00700 TOPSOIL (ONSITE) 1 2 1 ^ 2*.t," 207-00702 TOPSOIL (OFFSITE) CY 1 'Sall' 5a va 208-00046 PRE -FABRICATED CONCRETE WASHOUT STRUCTURE (TYPE 1) EA 12..2.--1-°-'4 4,• `= 208-00075 PREFABRICATED VEHICLE TRACKING PAD ER 1 r .gym �. 206-00106 SWEEPING (SEDIMENT REMOVAL) HOUR 1 15- '''' 156 '=' 208-00207 EROSION CONTROL MANAGEMENT DAY 1 3ZV^" 320 Ia 210-00810 RESET GROUND SIGN EA 1 ADD. see _ c"--4* 210-00615 RESET SIGN PANEL EA 1 /-,ICJ• .r_ ,q -40a 211-03009 DEWATERING DAY 1 . •.I _ i 2Z0- 'a 212-00001 SEEDING (NATIVE) (NORTH OF WCR 88) SY 1 Q, ')C3 Q. 113 212-00002 SEEDING (NATIVE) (SOUTH OF WCR 68) SY 1 j, " (o illa Q. g r - 212-00712 BIOTIC SOIL AMENDMENTS (HYDRAULICALLY APPLIED) (BIOTIC EARTH BLACK) SY 03-00010 MULCHING (WEED FREE STRAW) SY 216-00043 SOIL RETENTION BLANKET (S -C) (BIOD CL 2) SY A- - 216-00305 SOIL FILLED TURF REINFORCEMENT MAT (LANDLOK 450) SY 1 Zp 216-00306 SOIL FILLED TURF REINFORCEMENT MAT (PYRAMAT 75) SY 1 - 240-00010 REMOVAL OF NESTS HOUR 1 J5?) T Q, , BID NO. B2300048 Page 19 -Al ITEM NO. ITEM DESCRIPTION UNIT BID QUANTITY UNIT PRICE 1DOLLARS TOTAL PRICE (DOLLARS 240-00020 NETTING SY 1 /4.-°' 304-06000 AGGREGATE BASE COURSE (CLASS 6) TON 1 / 1rn 304-08000 AGGREGATE BASE COURSE (SHOULDERING) TON 1 o. 7. 4:r 304-10000 AGGREGATE BASE COURSE (SURFACE GRAVEL) TON 1 5 403-33841 HOT MIX ASPHALT (GRADING S) (100) (PG 6422) TON 1 /OS. °1� %: 403-33841.5 HOT MIX ASPHALT (GRADINK3 S) (100) (PG 64-22) {HAULING AND PLACEMENT ONLY) TON 1 o 9 5 ®"' fJ . 403-34841 HOT MIX ASPHALT (GRADING SX) (100) (PG 64-22) TON 1 /. 7 %o ,g7. =d 403-348415 . HOT MIX ASPHALT (GRADING SX) (100) (PG 6422) (HAUUNG AND PLACEMENT ONLY) TON 1 92. r 92.4.'' 403-34842 HOT MIX ASPHALT (GRADING SX) (100) (PG 6422) (PATCHING) SY 1 SS - 403-34642.5 HOT MIX ASPHALT (GRADING SX) (100) (PG 6422) (PATCHING) (HAULING AND PLACEMENT ONLY) SY 1 e� �� ' .►� �/� 403-34851 HOT MIX ASPHALT (GRADING SX) (100) (PG 64-28) TON 1 2T- 28.5-11.- &511.- 40334851.5 HOT MIX ASPHALT (GRADING SX) (100) (PG 6428) (HAULING AND PLACEMENT ONLY) TON 1 i MT- Bo 1 r Io a - 3000-g- 408-01000 HOT POURED JOINT AND CRACK SEALANT TON 1 420-00140 GEOTEXTILE (DRAINAGE) } SY IIV *kV' 501-00100 STEEL SHEET PIUNG (TYPE I) (COFFERDAM) SF 1 82 ee - 506-00209 RIPRAP (9 INCH) CY 1 225:e' o° 22. dd 506-00212 RIPRAP (12 INCH) CY 1 506-00218 RIPRAP (18 INCH) CY 1 zO: l'r z4U• a0 506-00409 SOIL RIPRAP (9 INCH) CY 1 a'rO .b zS0 ',' 506-00412 SOIL RIPRAP (12 INCH) CY 1 7.1.0 ► Z 7S ��, 27,371,' 506-00418 SOIL RIPRAP (16 INCH) Cy � 507-00000 CONCRETE SLOPE AND DITCH PAVING CY 1 9p°•' 9e 9�•='' 507-00300 GROUTED RUBBLE SLOPE AND DITCH PAVING CY 1 qua 44.' yeV.e" 6-75 300" 1ele,- -' /96. ?' 507-00350 GROUTED RIPRAP SLOPE AND DITCH PAVING CY 1 6"75:',--° ale -B'° !e.e• 507-00400 ASPHALT SLOPE AND DITCH PAVING TON 1 509-08300 FIELD WELDING (AWS CERTIFIED) (AWS D1.5 ENDORSEMENT) HOUR { 1 509-90015 FIELD CLEANING AND PAINTING OF STEEL SF 1 131,.dr" ry 512-00125 MAINTENANCE OF BEARING DEVICE HOUR 1 qO-`T' 10 m' 515-00120 WATERPROOFING (MEMBRANE) SY 1 22-ers 0 0 o Z g 23.e' Uo 20 - 518-04010 FIELD CLEANING OF EXISTING BRIDGE EXPANSION DEVICE (STRIP SEAL) LF 1 518-04011 FIELD TESTING OF EXISTING BRIDGE EXPANSION DEVICE EA 1 9j-0 9jpa 516-O4020 BRIDGE EXPANSION DEVICE REPLACEMENT (ASPHALTIC PLUG) (THORMA-JOINT) (3 INCHES -8 INCHES THICK) LF ds 075:' �o z7,S ► 518-04030 BRIDGE EXPANSION DEVICE REPLACEMENT (STRIP SEAL) LF 1 34.0.e' .14.`-'?--- pry /V .e" 518-04031 BRIDGE EXPANSION DEVICE REPAIR (STRIP SEAL) (NEOPRENE GLAND ONLY) LF 1 dB _Air. _Air. -- 601-03001 CONCRETE (CLASS 0) (ENCASEMENT) CY 1 : 601-03002 CONCRETE (CLASS D) (IMNGWALL) CY 1 4069. -- ,O, v 601-03003 CONCRETE (CLASS D) (FLOOR/APRON/TOE WALL) CY 1 /3o - 9 mm 601-06021 CONCRETE CRACK REPAIR (HORIZONTALNERTICAUOVERHEAO) (DAYTON SUPERIOR SURE ANCHOR I J51) LF 1 6d 5e 6-' " 601-06151 CONCRETE PATCHING (HORIZONTAL) (UP TO 4 INCHES THICK) (DAYTON SUPERIOR HD 50) SF 1 BB 100 - _ ivU `- 601-06152 CONCRETE PATCHING (VERTICAUOVERHEAD) (UP TO 4)NCHES THICK) (DAYTON SUPERIOR HD 25 VO) SF 1 dJ - 3(�° 601-06170 CONCRETE PATCHING (HOLE) (HORIZONTALNERTICAUOVERHEAD) (UP TO 12 INCHES THICK) (DAYTON SUPERIOR HD 25 VO) SF 1 �4 ,, 75� db► 'f.)" 601.40303 FIELD CLEANING AND PAINTING OF EXISTING CONCRETE SF 1 7, IL' Z.sa BID NO. B2300048 Page 20 -Al ITEM NO. ITEM DESCRIPTION UNIT BID QUANTITY UNIT PRICE (DOLLARS) TOTAL PRICE JDOLLARSL,,, 601-41000 CLEANING AND SEALING OF VERTICAL CONCRETE JOINT (0-3 INCHES WIDE LF 1 i Q 9_. 602-00000 REINFORCING STEEL LB 1 3 - 602-00020 REINFORCING STEEL (EPDXY COATED) LB 1 3 9d 1 725- 606-00302 GUARDRAIL TYPE 3 (31 INCH MIDWEST GUARDRAIL SYSTEM) LF 1 7S -e 7.C* f"--- 606-01340 END ANCHORAGE TYPE 3D EA 1 % $A e l qlU vim" 606-01370 TRANSITION TYPE 3G EA 1 AISG7 �1 `,V 606-01400 TRANSITION TYPE BR10M-GR3 EA 1 72625 - f�,!4 608-02008 END ANCHORAGE (MSKT TERMINAL) (NONFLARED) EA 1 .6 3 3.x'0 l'o 606-02009 END ANCHORAGE (MAX -TENSION TERMINAL) (NONFLARED) EA 1 1Zio - �j.Q7• - 606-11036 BRIDGE RAIL TYPE 10 MASH (SPECIAL) LF 1 r SSG'~ YY 7 - e 607-01015 FENCE (5 -STRAND BARBED WIRE) (TEMPORARY) LF 1 q sd 5 j -eo 607-01020 FENCE (5 -STRAND BARBED WIRE) (PERMANENT) LF 1 /2,7,!;_____/22f,_ �' S a'. 607-11525 FENCE (PLASTIC) LF 1 612-00000 RETROREFLECTORTAB EA 1 2c. o0 2� ds 612-00001 DELINEATOR (TYPE I) EA 1 612-00002 DELINEATOR (TYPE II) EA 1 y5 9 A 612-00003 DELINEATOR (TYPE III) EA 1 `JD° J'r0• `- 614-00011 SIGN PANEL (CLASS I) SF 1 ‘.67"� , O- 614-00218 STEEL SIGNPOST (2-114 INCH x 2-114 INCH SQUARE POST) LF 1 vo 2Q '-'19. 620-00020 SANITARY FACILITY EA 1 .4 36-0 'rd l35© 625.00001 CONSTRUCTION SURVEYING LS 1 4�pqg'� 4e00 626-00008 MOBIU2A11ON" EA I 627-00001 PAVEMENT MARKING PAINT GAL 1 .350'9 3,"0 v1° 627-00008 MODIFIED EPDXY PAVEMENT MARKING GAL 1 4CI "`' TO. 1)- "9 630-00100 TRAFFIC CONTROL- SIGNS ONLY (NO FLAGGERS) (MINOR ENCROACHMEQfT) DAY 1 pf) 2 y .-- .yo ZvS 630-00101 TRAFFIC CONTROL - SIGNS ONLY (NO FLAGGERS) (ROAD mosuni DAY 1 275 z 7*- '' - 630-00102 TRAFFIC CONTROL - SIGNS AND FLAGGERS (LANE CLOSURE) DAY 1 Si 7a,oe 3+7GD C- in -42'7 630-80400 PORTABLE MESSAGE SIGN PANEL DAY 1 /,1-674'-' 630.85041 MOBILE ATTENUATOR DAY 1 97.,"x 97o--'?' 700-70010 F/A MINOR CONTRACT REVISIONS FA 1 $25,000' $25,000' 700-70380 FIA EROSION CONTROL FA 1 $15,000' $15,000' 700-74000 F/A IRRIGATION FA 1 $7,000' $7,000' 700-74010 FIA SUBSURFACE UTILITY ENGINEERING (SUE) FA 1 $20,000' $20,000• 700-95000 FIA BIOHAZARD CLEANUP FA 1 $20,000 $20,000 924-00170 PROCESS CONTROL TESTING FOR ITEMS 203, 206, 304, 306, & 603 DAY 1 Z.. 7 Z 6 T5 `-'� "These amounts shall be utilized for the initial contract period. It is anticipated that potential future renewal periods will utilize the same amounts or less. "Mobilization Unit Price and Total Price shall not be provided on the Bid Schedule, but shall be provided on the Bid Tabulation in Exhibit 1 in accordance with Subsection 626.02. BID NO. B2300048 Page 21 -Al From: To: Cc: Subject: Date: Aaron Mills Erich Green amillsctlmconstnictors.com Weld County 2023 Bridge Rehabilitation Service / Bridge 27.5-48A Monday, February 13, 2023 5:27:18 PM Mr. Green, In response to your phone call today I have reviewed the bid schedule Exhibit 1 submitted by TLM Constructors, Inc. on February 10, 2023 for the referenced project. In my review I have confirmed the following: • Item 403-34841.5 HMA GR (SX)(100)(PG64-22) Haul and Place Only— Item unit price is $92.00 totaling $16,422.00 • Item 626-00008 Mobilization — Mobilization unit price resulting from the previous item adjustment would be $52,774.14 • Subtotal for Exhibit 1 Schedule is $580,515.54 • Total for Exhibit 1 Schedule with F/A items is $667,515.54 I apologize for the confusion and hope this resolves any concerns you may have. Sincerely, Aaron Mills President AMillsItlmconstructors.com (CONSTRUCTORS) www.tlmconstructors.corrm "Quality, Our Unspoken Promise" Bond No. RCB0039426 PERFORMANCE BOND (PAGE 1 OF 2) PROJECT: 2023 BRIDGE REHABILITATION SERVICES KNOW ALL MEN BY THE PRESENTS; that TLM Constructors, Inc. (Name of Contractor) 3400 W. 16th Street, Suite 2-O, Greeley, CO 80634 (Address of Contractor) Corporation hereinafter called Contractor, and a (Corporation, Partnership, or Individual). RLI Insurance Company (Name of Surety) 9025 N. Lindbergh Drive, Peoria, IL 61615 (Address of Surety) hereinafter called Surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of Six Hundred Sixty-seven Thousand Five Hundred Fifteen & 54/100DOllarS, ($ 667,515.54 ) 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 day of , 2023, a copy of which is hereto attached and made a part hereof for the construction of: 2023 BRIDGE REHABILITATION SERVICES described in the Invitation for Bids, Bid No. B2300048 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. Bond No. RCB0039426 PERFORMANCE BOND (PAGE 2 OF 2) PROJECT: 2023 BRIDGE REHABILITATION SERVICES 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. IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of , 2023. (Contractor) Secretary (SEAL) 3400 W. 16th Street, Suite 2-O (Address) Greeley, CO 80634 (Address) ATTEST: (SEAL) efy) Secretary By 3400 W. 16th Street, Suite 2-O Greeley, CO 80634 RLI Insurance Company By _ (Attorney -in -Fact) Sarah C. Brown J. Rini, Surety Witness 9025 N. -Lindbergh Drive (Address) Peoria, IL 61615 7600 East Orchard Road, Suite 230 South Greenwood Village, CO 80111 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. Bond No. RCB0039426 LABOR & MATERIALS PAYMENT BOND (PAGE 1 OF 2) PROJECT: 2023 BRIDGE REHABILITATION SERVICES KNOW ALL MEN BY THE PRESENTS; that TLM Constructors, Inc. (Name of Contractor) 3400 W. 16th Street, Suite 2-0, Greeley, CO 80634 (Address of Contractor) Corporation hereinafter called Contractor, and a (Corporation, Partnership, or Individual). RLI Insurance Company (Name of Surety) 9025 N. Lindbergh Drive, Peoria, IL 61615 (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 Six Hundred Sixty-seven Thousand Five Hundred Fifteen & 54/100 Dollars, ($ 667,515.54 ) 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 day of , 2023, a copy of which is hereto attached and made a part hereof for the construction of: 2023 BRIDGE REHABILITATION SERVICES described in the Invitation for Bids, Bid No. B2300048. 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. Bond No. RCB0039426 LABOR & MATERIALS PAYMENT BOND (PAGE 2 OF 2) PROJECT: 2023 BRIDGE REHABILITATION SERVICES 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. IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of , 2023. (Contractor) Secretary (SEAL) N/A (Witness as to Contractor) (Address) ATTEST: N/A.„: ;''' (Surety) Secretary SEAL' Aaron L. Mills, President 3400 W. 16th Street, Suite 2-O (Address) Greeley, CO 80634 RLI Insurance Company (Witness as to Surety) J. Rini 7600 East Orchard Road, Suite 230 South Greenwood Village, CO 80111 (Address) By / (Attorney -in -Fact) Sarah C. Brown 9025Lindbergh Drive, Peoria, IL 61615 (Address) 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. POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: Todd D. Bengford, Sarah C. Brown, Donald E. Appleby, Mark Sweigart, Jessica Jean Rini, W R Withrow, jointly or severally in the City of Greenwood Village , State of Colorado its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 18th day of January , 2023 . RLI Insurance Company Contractors Bonding and Insurance Company State of Illinois } SS County of Peoria JJJ On this 18th day of January 2023 before me, a Notary Public, personally appeared Barton W. Davis , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: l t►�w..• �.Q,u r - Catherine D. Geiger CATHERINE D. GEIGER � `ryOTgpy OFFICIAL SEAL 1 PUBLIC Notary Public - State of Illinois � STAiE OF auNa�s My Commission Expires December n5, 2026 Notary Public Barton W. Davis Vice President CERTIFICATE - I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this day of , 2023 . RLI Insurance Company Contractors Bonding and Insurance Company By: O JI.C4‹. Jeffrey )icf Corporate Secretary 0587145020213 A0058D 19 AC Rt7 D� CERTIFICATE OF LIABILITY INSURANCE °E,=17 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 policy(ies) must have ADDITIONAL INSURED provisions or 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 1-844-484-7750 CONTACT Nick Brown NAME: Holmes Murphy & Associates - CO (AIC PHONE IFAX(AICWIT.Ext)• 720-458-5770 ,No): 7600 Bast Orchard Road, Suite 230 South E-MAIL nbrown@holmesmurphy.com ADDREss: P Y•com INSURER(S) AFFORDING COVERAGE NAIL # Greenwood Village, CO 80111 MSURER, XURICH AMER INS CO 16535 INSURED INSURERS:TRAVELERS PROP CAS CO OF AMER 25674 TLM Constructors, Inc. INSURER CXL SPECIALTY INS CO 37885 P.O. Box 336638 MSURERD:BERKLEY ASSUR CO 39462 INSURER E : Greeley, CO 80633 msuRERF. COVERAGES CERTIFICATE NUMBER: 67886000 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 MAYBE 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. INSR LTR TYPE OF INSURANCE ADDL SUBR INSD WVD POLICY NUMBER POLICY EFF (MM/DDIYYW) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY I CLAIMS -MADE L1 OCCUR X PD Deductible: $2,500 51,0014404107 10/01/22 10/01/23 EACH OCCURRENCE $ 1,000,000 PREM SES Ea:o: once) $ 300,000 MED EXP (Any one person) $ 10,000 PERSON. 8,ADV INJURY $ 1, 000, 000 GENERAL AGGREGATE $ 2,000,000 GENT. AGGREGATE LIMIT APPLIES PER: POLICYEI ElLOC JECROT OTHER: PRODUCTS - COMP/OP AGG $ 2,000,000 A AUTOMOBILEumouTY X ANY AUTO OWNED _ AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY 0AP01440207 10/01/22 10/01/23 COMBINEDSINGLELIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ B X UMBRELLALIAB X OCCUR EXCESS LIAR CUMMS-MADE CUP6581348122NF 10/01/22 10/01/23 EACHOCC7RR001E $ 10,000,000 AGGREGATE $ 10,000,000 $ DED I X I RETENTIONS 10,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OirCE LIII EREXCL EDED7 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA WC001404007 10/01/22 10/01/23 .1 MUTE I IERH E.L.EACHACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1, 000, 000 C D Leased/Rented Equipment Pollution/Professional Liab. UM00145633MA22A PCAD850150361022 10/01/22 10/10/22 10/01/23 10/10/23 $500,000 14010 $1Mi1 Occ/$2Mi1 2O310,000Ded 2,500Ded DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101. Additional Remarks Schedule, maybe attached if more space is required) Project: 2023 Bridge Rehabilitation Services As required by written contract or written agreement, Weld County, Colorado, its officers, and employees are included a Additional Insureds under General Liability, Automobile Liability, Umbrella Liability and Pollution Liability with respect to the above referenced. As required by written contract or written agreement, a Waiver of Subrogation in favor of Weld County, Colorado, its CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Weld County, Colorado THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 758 AUTHORIZEDREPRESENTATIVE 1111 H Street Greeley, CO 80632 C d�� I USA // ACORD 25 (2016/03) VMancha 67886080 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE 02/20/2023 NAME OF INSURED: TLM Constructors, Inc. officers, and employees applies to Workers Compensation, General Liability, Automobile Liability, Umbrella Liabili and Pollution Liability with respects to the above referenced. SUPP (10100) Additional Insured — Automatic — Owners, Lessees Or Contractors ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 0144041-07 Effective Date: 10/01/2022 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" and subject to the following: 1. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition); or b. The ISO CG 20 37 (10/01 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" arises out of: (1) Your ongoing operations, with respect to Paragraph 1.a. above; or (2) "Your work", with respect to Paragraph 1.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 1., insurance afforded to such additional insured: (a) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contractor written agreement; and (b) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 2. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (07/04 edition); or b. The ISO CG 20 37 (07/04 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, U -GL -2162-A CW (02/19) Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc..with its permission. in the performance of: (a) Your ongoing operations, with respect to Paragraph 2.a. above; or (b) "Your work" and included in the "products -completed operations hazard", with respect to Paragraph 2.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 2., insurance afforded to such additional insured: (I) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (ii) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 3. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 10 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to ongoing operations (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, in the performance of your ongoing operations, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 3., insurance afforded to such additional insured: (a) Only applies to the extent permitted by law; (b) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; and (c) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement. 4. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 37 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to the "products -completed operations hazard" (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury" or "property damage" is caused, in whole or in part by "your work" and included in the "products -completed operations hazard", which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 4., insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; (3) Only applies if the "bodily injury" or "property damage" occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (4) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. U -GL -2162-A CW (02/19) Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. B. Solely with respect to the insurance afforded to any additional insured referenced in Section A. of this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C. Solely with respect to the coverage provided by this endorsement, the following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: (1) We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; (2) We receive written notice of a claim or "suit" as soon as practicable; and (3) A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. Solely with respect to the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition under Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis, E. This endorsement does not apply to an additional insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. Solely with respect to the insurance afforded to an additional insured under Paragraph A.3. or Paragraph A.4. of this endorsement, the following is added to Section III — Limits Of Insurance: Additional Insured — Automatic — Owners, Lessees Or Contractors Limit The most we will pay on behalf of the additional insured is the amount of insurance: U -GL -2162-A CW (02/19) Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1. Required by the written contract or written agreement referenced in Section A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms, conditions, provisions and exclusions of this policy remain the same. U -GL -2162-A CW (02/19) Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: BAP 0144042-07 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: TLM CONSTRUCTORS, INC. Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 2 Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 2 of 2 If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis. 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible. it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Temporary Substitute Autos — Physical Damage 1. The following is added to Section I — Covered Autos. Temporary Substitute Autos — Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair: 3. Servicing: 4. "Loss": or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section. Temporary Substitute Autos — Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. N. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of "accident". claim, "suit" or "loss". you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any agent. servant or employee of the "insured" to notify us of any "accident" claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought. written notice of the claim or "suit" including, but not limited to. the date and details of such claim or "suit": (2) The "insureds" name and address; and (3) To the extent possible. the names and addresses of any injured persons and witnesses. If you report an "accident". claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. O. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: U -CA -424-H CW (10/21) Page 4 of 6 Includes copyrighted material of Insurance Services Office. Inc.. with its permission. This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. P. Employee Hired Autos — Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". Q. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. R. Hired Auto — World Wide Coverage Paragraph 7.b.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere else in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, S. Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. T. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II — Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. U. Physical Damage — Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section III — Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". U -CA -424-H CW (10/21) Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION WC 00 0313 (Ed. 4-84) 11 1983 National Council on Compensation Insurance. Contract Form New Contract Request Entity In tian Entity Name. TLM CONSTRUCTORS, INC Contract Name* 2023 BRIDGE REHABILITATION SERVICES Contract Status CTB REVIEW Entity ID* rm0015325 ❑ New Entity? Contract ID 6721 Contract Lead* EGREEN Contract Lead Email egreen@co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project AN -1 Contract Desorption RENEWABLE AGREEMENT FOR CONSTRUCTION SERVICES FOR ANNUAL BRIDGE REHABILITATIONS. Contract Description 2 Contract Type. AGREEMENT Amount. 0667,51 5.54 Renewable YES Automatic Renewal NO Grant Department PUBLIC WORKS Department Email CM- PublicWcyrks@weldgov.com Department Head Email CM-PublicWorks- DeptHead@weldgov.com County Attorney BRUCE BARKER County Attorney Email BBARKEROCO. W ELD. CO. US Requested BOCC Agenda Date* 03 012023 Due Date 02,125,'2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid 1RFP #. 82300O48 If this is a renewal enter previous Contract ID If this is part of a MSA enter NSA Contract ID Notes the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Effective Date 03/01/2023 Review Date. 11/30;2023 Renewal Date * 01/01;2024 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 02 /282023 Approval Process Department Head Finance Approver Legal Counsel .CURTIS HALL CONSENT CONSENT OH Approved Date Finance Approved Date Legal Counsel Approved Date 02.28/2023 02./28:2023 02/28/2023 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 03 01;2023 Originator EGREEN Tyler Ref # AG 030123 RESOLUTION RE: APPROVE EMERGENCY BID #B2300048, 2023 BRIDGE REHABILITATION, AND WAIVER OF TEN-DAY WAITING PERIOD FOR CONSIDERATION AND INVESTIGATION - PUBLIC WORKS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Purchasing Department has requested waiver of the ten-day waiting period for Emergency Bid Request #02300048, 2023 Bridge Rehabilitation, for the Department of Public Works, due to long construction materials lead time, and WHEREAS, the Board of County Commissioners deems it advisable to waive the ten-day waiting period for said emergency bid. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the ten-day waiting period for Emergency Bid Request #B2300048, 2023 Bridge Rehabilitation, for the Department of Public Works, be, and hereby is, waived. BE IT FURTHER RESOLVED by the Board that the low bid from TLM Constructors, Inc., in the amount of $667,515.54, be, and hereby is, approved on an emergency basis. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of February, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d.) ..leitp:�, Weld County Clerk to the Board BY: eputy Clerk to the Board APPROVED AS TO FOR -County Attorney Date of signature: 03 /v°f /2-3 Mike - - an, Chair erry . Bu,', Pro-Tem Sc tt K. James cc; PvQ.vw(e./ERNO c3 /10123 2023-0467 PO0024 EG0081 MEMORANDUM Date: February 15, 2023 To: Christie Peters, Purchasing Manager From: Erich Green, Project Manager, Public Works RE: Bid Request No. B2300048 2023 Bridge Rehabilitation Services BOCC Emergency Award Date February 22, 2023 Five contractors attended the mandatory pre -bid meeting for this contract and three of these five contractors submitted a bid. TLM Constructors, Inc. (TLM), was the apparent low bidder. The submitted costs contained within all bids have been reviewed for errors and discrepancies and all three bids required corrections, however TLM was still the lowest bidder following these corrections. TLM has agreed to the corrected individual and total costs, and all corrected bid tabulations are attached for your information. The Public Works Department recommends award of the construction contract to TLM Constructors, Inc. for a total amount of 8667,515.54. This amount exceeded the 2023 budget of $586,235.23, however, the additional funds to fully fund the bid amount were approved by Ryan Rose, Director of Finance and Administration/CIO Information Services. Public works has worked successfully with TLM in the past and they are a Weld County company with an office in Greeley. Due to long construction material lead time, Public Works requested an emergency award process for this contract via pass -around dated February 14, 2023. This pass -around has been approved by all five Commissioners and is attached. With February 20, 2023 being a holiday, we request the emergency award to be considered at the soonest Board of County Commissioners Hearing on February 22, 2023. °2/z7 P00C)2_,-1 C =iCcc31 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Bid B2300048 2023 Bridge Rehab Award Process DEPARTMENT: Public Works PERSON REQUESTING: Don Dunker and Erich Green Date: 02/14/23 Brief description of the problem/issue: The main project for the 2023 Bridge Rehab contract is to rehab the bridge on Two Rivers Parkway over the Big Thompson River. This work will occur while county crews are completing work on about 4 miles of the Two Rivers Parkway and WCR 378 roadways, under the same roadway closure. The closure is planned from February 21, 2023 through June 30, 2023 and has been approved by the BOCC. Public Works (PW) is requesting staff be allowed to proceed with an emergency award for the low bidder TLM Constructors (TLM) with a bid of $667,515.54 for bid 82300048 2023 Bridge Rehab. TLM has informed PW that the transition pieces for the bridge rail, at all four corners going from the bridge rail to the thrie beam portion of the approach guardrails have a 16 -week lead time. The Purchasing Department will present bids to the BOCC on Wednesday, February 15, 2023. Then if the BOCC agrees, Purchasing will proceed the following Wednesday February 22, 2023 with the emergency award. This allows PW to get a signed contract between TLM and the BOCC by March 1, 2023 and TLM can get the transition pieces on order. The 16 weeks lead time will fall within the planned and approved closure. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Approve the request to have the 2023 Bridge Rehab bid be processed as an emergency bid due to the 16 -week lead time for materials. 2. Schedule a work session to discuss in more detail. Recommendation: Public Works recommends option 1 to allow the staff to proceed with an emergency award for the 2023 Bridge Rehab contract. Perry L. Buck, Pro-tem Mike Freeman, Chair Scott K. James Kevin Ross Lori Saine Approve Recommendation Work Session Other/Comments: Schedule Cheryl Hoffman From: Sent: To: Subject: Approved, thank you! Kevin Ross Kevin Ross Tuesday, February 14, 2023 4:01 PM Cheryl Hoffman Re: Pass around for B2300048 2023 Bridge Rehab bid award process From: Cheryl Hoffman <choffman@weld.gov> Sent: Tuesday, February 14, 2O23 3:3O:08 PM To: Kevin Ross <kross@weld.gov> Subject: FW: Pass around for B2300048 2O23 Bridge Rehab bid award process Sorry, Kevin, one more. Approve? Cheryl L. Hoffman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 8O632 Tel: (97O) 400.4227 choffman@weld.gov From: Don Dunker <ddunker@weldgov.com> Sent: Tuesday, February 14, 2023 1:O3 PM To: Karla Ford <kford@weldgov.com>; Cheryl Hoffman <choffman@weld.gov> Cc: Kevin Ross <kross@weld.gov>; Curtis Hall <chall@weldgov.com>; Erich Green <egreen@weldgov.com>; Don Dunker <ddunker@weldgov.com>; Samantha Brown <sjbrown@weldgov.com>; Sharon Benson <sbenson@weld.gov> Subject: Pass around for B2300048 2O23 Bridge Rehab bid award process Karla and Cheryl, Curtis gave me permission to send this passaround up to you. Please have the BOCC signoff on this pass around. Thanks for your help, Don Dunker 1 alG TAeuunGN z-Sa-zE2a 2022 BRIDGE REHAHILITAIiON SERVICES 8220001E IB10 SCHEDULE) .5.0. R....0, DEBRIS 301-.136 REG9OREFLECTOR,. MOVRI OFBRIOGE RNL SUPPORTS (SPECIPII .5500.55 G BRIW .1... CONCREfE 201-0t0. 1.545 LOF FENCE ..15NG OETE 0.34D....01. 30 UNSOUND UN T OYRNTITY �...PRICE 315.]5 1 553. 4. 515. 310. .5. Sts. 510. Si.. 550.. RN:E UNR PRICE TOTRL 310. 450.. 335. .0. .55 St .o.. 350. 45. 31.000 45. .5. 51.00 510x00 .3GU.3 u N uNCtA5S....V 559 .5. 555 NT(COMPLETE.,..E) ouNG (sPEc0u1 FlLL (WELOCOUNTY Mlq .0,0353.5 FLowFlLL (SNEwcouNTr M>u...Erv. 04. CONTROL CY 559. HOUR 1 51.. 53.00 1 3310. 43500 51.00 51.00 4. 550 51 515500 950 51. 515 41]00 0,1 51 4. MI%0.5PlYLLT (GRPgNG S) (1.) nNo PUC(GE OTEXnLE (CRNN%GE) CM. 534,(355,4 3. oN 510]15 515]. 515]15 45. 391. .5. 00 V.00 595. 392. 563. 510500 00 .500 3550 51.00 5.00 00 51]5. .400 51.00 .. 51]500 51.00 4.00 51.00 51]500 51.00 55.00 St.. 40 00 NDORSEMENTI 00 3.41510 043CE SION .9-5INCHES MHIC%)(��TIC PLUG) (EN 3,314,NT) CONCRE3, (CLASS O)(FLOOWFPFON/TOE W/.LL) .10.21 (09tt0 SUPEF ORRSURE (�OPoZ�ON>SiAUVERTICNAVERHEMI 6 01-0 61 51 (O4ttON SUPFAIOR w501RIZONTAI((UPTOaINCHE5 THIGH( 601-0614 CONCRETE PATCHMG (VERTICAWVERHFAq (W TOaINCHE5 ICKI (DAYTON 91PERIOR H025 w) rvc MOLE) (wRRON.ALNERTICAUDVERHEAO) .tA6130 (uOP�TO ]NCHES TNICK)(04Y.ON SUPERIOR H03 w) SF 31N0 3535. 5.000 51.00 515500 b0m 53.00 45. 55.00 40. 00 43500 31.00 43500 51.00 4]5. 31.00 40. 55.00 $1300 51.00 43000 519500 1,3104 .]-01020 FENCE (55TRAN000RBECIPREWE 515.01 O3L1N 513.11 SIGN PANEL 14.11 EA EA EA EA 00 .00 51.00 b.00 5.00 51.00 393. %0. 3330 393. 550. 45000 4.. 45. 550. 55.00 5].00 535. 592. 554500 4330. .5. 591. 5505.00 5240.00 s3s. 5968500 PAVEMENT MNR al -SIGNS ONLY (ND FIAGGERs( (M1fiNOR 630001 ENCA0.4ClIMENi'1 .0.101 TRAFFIC CONTROL . EROSIONCONTRO. 51 3x000 51195. 40.0 4.00 51000 51.300 4]5 4.00 43500 .35 000 5535. .500 5153500 51 2]500 51.900 51 3.100 BID TABULATION 2102023 2023 BRIDGE REHABILITATION SERVICES 82300048 (BRIDGE 27.5.13A TABULATION WITH FORCE ACCOUNTS) ITEM NO. 202-00009 202-00246 202-00427 202-00428 202-00530 202-01130 202-01175 203-00000 203-01598 206-00068.5 208-00046 208-00108 240-00010 240-00020 304-06000 403-34841.5 509-90015 515-00120 601-06021 601-06151 601-06152 601-06170 601-41000 606-00302 606-01370 606-01400 606-02008 606-11036 607-11525 620-00020 625-00001 626-00008 630-00102 924-00170 ITEM NO. 700-70010 700-70380 700-74000 700-74010 700-95000 DESCRIPTION REMOVAL OF DEBRIS REMOVAL OF ASPHALT MAT (PLANING) (SPECIAL) (1 INCH -12 INCHES THICK) REMOVAL OF BRIDGE RAIL SUPPORTS (SPECIAL) REMOVAL OF BRIDGE MOUNTED UTILITY CONDUIT (SPECIAL) REMOVAL OF EXISTING DETERIORATED, SPALLED, AND UNSOUND CONCRETE REMOVAL OF GUARDRAIL (TYPE 3) REMOVAL OF GUARDRAIL (SPECIAL) UNCLASSIFIED EXCAVATION POTHOLING (SPECIAL) FLOW FILL (WELD COUNTY MIX) (PLACEMENT ONLY) PRE -FABRICATED CONCRETE WASHOUT STRUCTURE (TYPE 1) SWEEPING (SEDIMENT REMOVAL) REMOVAL OF NESTS NETTING AGGREGATE BASE COURSE (CLASS 6) HOT MIX ASPHALT (GRADING SX) (100) (PG 64-22) (HAULING AND PLACEMENT ONL1� FIELD CLEANING AND PAINTING OF STEEL WATERPROOFING (MEMBRANE) CONCRETE CRACK REPAIR (HOR120NTAWERTICAL/OVERHEAD) (DAYTON SUPERIOR SURE ANCHOR I J51) CONCRETE PATCHING (HORIZONTAL) (UP TO 4 INCHES THICK) (DAYTON SUPERIOR HD 50) CONCRETE PATCHING (VERTICAL/OVERHEAD) (UP TO 4 INCHES THICK) (DAYTON SUPERIOR HD 25 VO) PATCHING (HOLE) (HORIZONTWERTIAUOVERHEAD) ICHES THICK) (DAYTON SUPERIOR HD 25 VO) CLEANING AND SEALING OF VERTICAL CONCRETE JOINT (0-3 INCHES WIDE) GUARDRAIL TYPE 3 (31 INCH MIDWEST GUARDRAIL SYSTEM) TRANSITION TYPE 3G TRANSITION TYPE BR10M-GR3 END ANCHORAGE (MSKT TERMINAL) (NONFLARED) BRIDGE RAIL TYPE 10 MASH (SPECIAL) FENCE (PLASTIC) SANITARY FACILITY CONSTRUCTION SURVEYING MOBILIZATION" TRAFFIC CONTROL - SIGNS AND FLAGGERS (LANE CLOSURE) PROCESS CONTROL TESTING FOR ITEMS 203, 206, 304, 306, & 603 DESCRIPTION UNIT CY SY EA LF SF LF LF CY EA CY EA HR HR SY TON TON SF sy LF SF SF SF LF LF EA EA EA LF LF EA LS EA DAY DAY UNIT QUANTITY 648 48 165 700 298 304.4 25 20 800 8.8 178.5 491 150 700 22 1.2 250 304.4 125 QUANTITY UNIT PRICE Engineer $53.00 $21.75 $150.00 $15.00 $10.00 $8.00 $12.00 $49.00 $330.00 $235.00 $3,235.00 $190.00 $140.00 $10.00 $70.00 $159.25 $5.00 $25.00 $175.00 $85.00 $135.00 $405.00 $150.00 $43.00 $4,600.00 $5,500.00 $4,200.00 $350.00 $4.50 $1,500.00 $12,000.00 $40,724.54 $2,950.00 $750.00 TOTAL Engineer $159.00 $14,094.00 $7,200.00 $2,475.00 $7,000.00 $2,384.00 $3,652.80 $1,225.00 $1,320.00 $4,700.00 $6,470.00 $1,900.00 $2,240.00 $8,000.00 $616.00 $28,426.13 $50.00 $12,275.00 $26,250.00 $59,500.00 $2,970.00 $486.00 $2,700.00 $10,750.00 $18,400.00 $22,000.00 $8,400.00 $106,540.00 $562.50 $1,500.00 $12,000.00 $40,724.54 $29,500.00 $1,500.00 SUBTOTAL S4�47 969.97 N/A UNIT PRICE F/A MINOR CONTRACT REVISIONS - F/A EROSION CONTROL F/A IRRIGATION F/A SUBSURFACE UTILITY ENGINEERING (SUE) F/A BIOHAZARD CLEANUP FA FA FA FA FA $25,000.00 $15,000.00 $7,000.00 $20,000.00 $20,000.00 TOTAL TOTAL Engineer $25,000.00 $15,000.00 $7,000.00 $20,000.00 $20,000.00 ,S.34,969.97 969.97 N/A UNIT PRICE TLM Constructors Inc $750.00 $29.00 $150.00 $45.00 $50.00 $13.50 $35.00 $63.00 $760.00 $70.00 $2,250.00 $155.00 $150.00 $16.25 $165.00 $92.00 $196.00 $23.00 $50.00 $60.00 $360.00 $450.00 $93.00 $75.00 $5,450.00 $11,625.00 $5,350.00 $556.00 $5.00 $1,350.00 $13,000.00 $52,774.14 $3,700.00 $2,600.00 TOTAL TLM ConstMars Inc $2,250.00 $18,792.00 $7,200.00 $7,425.00 $35,000.00 $4,023.00 $10,654.00 $1,575.00 $3,040.00 $1,400.00 $4,500.00 $1,550.00 $2,400.00 $13,000.00 $1,452.00 $16,422.00 $1,960.00 $11,293.00 $7,500.00 $42,000.00 $7,920.00 $540.00 $1,674.00 $18,750.00 $21,800.00 $46,500.00 $10,700.00 $169,246.40 $625.00 $1,350.00 $13,000.00 $52,774.14 $37,000.00 $5,200.00 SUBTOTAL S�80515.54 Cortecletl UNIT PRICE TLM Constructors Inc $25,000.00 $15,000.00 $7,000.00 $20,000.00 $20,000.00 TOTAL TOTAL TLM Constructors Inc $25,000.00 $15,000.00 $7,000.00 $20,000.00 $20,000.00 $6�67 515.54 UNIT PRICE ABCO Contracting Inc $1,000.00 $50.00 $215.00 $33.00 $35.00 $14.00 $35.00 $170.00 $800.00 $135.00 $950.00 $320.00 $315.00 $13.00 $175.00 $250.00 $100.00 $17.00 $40.00 $50.00 $250.00 $700.00 $75.00 $75.00 $5,280.00 $15,200.00 $5,215.00 $635.00 $10.00 $1,400.00 $12,715.00 $56,994.20 $2,225.00 $1,275.00 TOTAL ABCO Contracting Inc $3,000.00 $32,400.00 $10,320.00 $5,445.00 $24,500.00 $4,172.00 $10,654.00 $4,250.00 $3,200.00 $2,700.00 $1,900.00 $3,200.00 $5,040.00 $10,400.00 $1,540.00 $44,625.00 $1,000.00 $8,347.00 $6,000.00 $35,000.00 $5,500.00 $840.00 $1,350.00 $18,750.00 $21,120.00 $80,800.00 $10,430.00 $193,294.00 $1,250.00 $1,400.00 $12,715.00 $56,994.20 $22,250.00 $2,550.00 SUBTOTAL $J26 936.20 Conected UNIT PRICE ABCO Contracting Inc $25,000.00 $15,000.00 $7,000.00 $20,000.00 $20,000.00 TOTAL TOTAL ABCO Contracting InG $25,000.00 $15,000.00 $7,000.00 $20,000.00 $20,000.00 S�13 936.20 UNIT PRICE Structures Inc $1,850.00 $45.00 $198.00 $50.00 $104.00 $30.00 $80.00 $120.00 $917.00 $93.00 $2,510.00 $117.00 $231.00 $18.00 $95.00 $180.00 $370.00 $34.00 $195.00 $92.00 $585.00 $2,370.00 $36.00 $65.00 $4,724.00 $9,688.00 $4,996.00 $395.00 $5.00 $4,200.00 $10,307.00 $60,524.00 $2,790.00 $1,669.00 SUBTOTAL UNIT PRICE Structures Inc $25,000.00 $15,000.00 $7,000.00 $20,000.00 $20,000.00 TOTAL TOTAL Structures Inc $5,550.00 $29,160.00 $9,504.00 $8,250.00 $72,800.00 $8,940.00 $24,352.00 $3,000.00 $3,688.00 $1,860.00 $5,020.00 $1,170.00 $3,696.00 $14,400.00 $836.00 $32,130.00 $3,700.00 $16,694.00 $29,250.00 $64,400.00 $12,870.00 $2,844.00 $648.00 $16,250.00 $18,896.00 $38,752.00 $9,992.00 $120,238.00 $625.00 $4,200.00 $10,307.00 $60,524.00 $27.900.00 $3,338.00 5665,764.00 TOTAL Structures Inc $25,000.00 $15,000.00 $7,000.00 $20,000.00 $20,000.00 8752,764.00 WELD COUNTY PURCHASING 1150 O Street, Room 107, Greeley, CO 80631 E -Mail: reverett(a�weldgov.com E-mail: cgeisert©weldgov.com E-mail: cmpetersweldgov.com Phone: (970) 400-4222, 4223 or 4216 DATE OF BID: FEBRUARY 10, 2023 REQUEST FOR: 2023 BRIDGE REHABILITATION DEPARTMENT: PUBLIC WORKS BID NO: #B2300048 PRESENT DATE: FEBRUARY 15, 2023 APPROVAL DATE: MARCH 1, 2023 (EMERGENCY APPROVAL) - FEBRUARY 22, 2023 (COUNTY CLOSED DUE TO INCLEMENT WEATHER) MOVED TO FEBRUARY 27, 2023 VENDOR TOTAL TLM CONSTRUCTORS INC 3400 W. 16TH STREET, BLDG 2-O GREELEY CO 80631 ABCO CONTRACTING INC 2180 E. 74TH PLACE DENVER CO 80229 STRUCTURES INC 4 INVERNESS COURT EAST SUITE #250 ENGLEWOOD CO 80112 THE DEPARTMENT OF PUBLIC WORKS IS REVIEWING THE BIDS. Contract may be extended for one (1) additional year a maximum of two (2) times. $667,515.54 $713,936.20 $752,764.00 2023-0467 Hello