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Home My WebLink About20251321.tiffC once- tt-n3 SUPPLY AGREEMENT BETWEEN WELD COUNTY AND CONSTRUCTORS INTERNATIONAL INCORPORATED THIS AGREEMENT is made and entered into thisf day of , 2025, by and between the Board of Weld County Commissioners, on behalf of Pu is Works, hereinafter referred to as "County," and Constructors International Incorporated, hereinafter referred to as "Contractor". WHEREAS County requires an independent contractor to supply materials to County as set forth in the attached Exhibits; and WHEREAS Contractor is willing and has the specific ability to supply the required materials at or below the cost set forth in the attached Exhibits in accordance with the terms of this Agreement. 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 the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B250070. Exhibit B consists of Contractor's Response to County's Request. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perfomi and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. The material and/or equipment shall be delivered to the location(s) specified herein. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and ends one year later. 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. This Agreement may be extended upon mutual written agreement of the Parties. Form Revision 3-2025 conkth sn9 2 cc Onbasif PU3) �u,vCha--411 °J ?o*- \321 ECloo)3 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon ninety (90) days written notice to County. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving notice to cure such breach. 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. 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 completed or partially completed Work 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. 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 Amendment. 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. 6. Compensation; Invoicing. Upon Contractor's delivery of materials to County at the location described in the Exhibits, and County's acceptance of the same, County agrees to pay Contractor as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). Unless otherwise provided in the 2 Exhibits, Contractor shall invoice County for all materials supplied by Contractor under this Agreement within thirty (30) days of acceptance of such materials by County, and County shall remit payment to Contractor for all undisputed funds within thirty (30) days of receiving such invoice. County shall include a written explanation for the nonpayment of any disputed funds, and the parties shall cooperate to resolve the dispute in a reasonable timeframe. 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees or agents of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Any provisions in this Contract that may appear to give the County the right to direct Contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only. The Contractor is obligated to pay all federal and state income tax on any moneys eamed or paid pursuant to this contract. 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 the Work 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 Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work 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. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. Contractor warrants that it has title to the materials supplied and that they are free and clear of all liens, encumbrances, and security interests. In addition to the foregoing, all work performed pursuant to this Agreement is subject to a minimum one-year warranty period, unless a greater time is stated in the Exhibits, during which the Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the materials. The Contractor warrants that the materials to be supplied pursuant to this Agreement are fit and sufficient for the purpose 3 intended; they are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship; and the materials sold to Weld County pursuant to this Agreement conform to the minimum specifications as established herein. Service Calls in the First One Year Period: Contractor shall bear all costs for mileage, travel time, service trucks, and any other costs accrued in the servicing (including repairs) of any of the materials purchased by County pursuant to this Agreement for as many service calls as are necessary for the first one (1) year period after said materials are first supplied to Weld County. 10. Acceptance of Services Not a Waiver. 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 exists 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 Work 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. *The Weld County Attorney's Office is waiving the insurance requirements for vendor/contractor in this agreement. tt 4 d `000 wn�O 3 000`009 000'001. 3 (Anq+cn sisAoldw3) g e6eleno3 tiolnieiS (uage3uedwo3 ,we4toM) V a6cAmo3 astien7 such coverage is in farce. completion of the project. 6 t section of this Agreement. award: 14. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. Agreement. 16. Mutual Cooperation. The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery. 17. Indemnity. The Contractor shall defend, indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its officers, officials, agents, and employees, from and against all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs (hereinafter referred to collectively as "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that County shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the County, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration for the award of this contract, the Contractor agrees to waive all rights of subrogation against the County, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the County. 18. 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. 19. Examination of Records. To the extent required by law, the Contractor agrees that a 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. Contractor agrees to maintain these documents for three years from the date of the last payment received. 20. 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. 21. Notices. County may designate 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 as identified below. 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 8 (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed o a party at the address set forth in this contract; or (c) electro is transmission via email at the address set forth below, where a receipt or acknowled ment is required and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: James E. Abets Position: President Address: 2571 Trails End Ct, Grand Junction, CO. 81505 Address: P.O. Box 4707, Aspen, CO. 81612 E-mail: iabelsaconstructorsintl.com Phone: 970-948-9670 TO (AUNTY: Nam : Ron Graves Position: Road & Bridge Supervisor Address: P.O. Box 758, Greeley, CO. 80632 E-mail: rpravesaweld.gov Phone: 970-400-3787 22. 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. 23. 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. 24. 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. 25. 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 rude 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 iyear. 26. 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 9 employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 27. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 28. 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. 29. Non -Waiver. No term or condition of this Agreement 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. 30. 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. 31. 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. 32. 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. 33. No Employment of Unauthorized Aliens. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an unauthorized alien who will perform work under this Agreement (see 8 U.S.C.A. §1324a and (h)(3)) nor enter into a contract with a subcontractor that employs or contracts with an unauthorized alien to perform work under this Agreement. Upon request, contractor shall deliver to the County a written notarized affirmation that it has examined the legal work status of an employee and shall comply with all other requirements of federal or state law. 10 Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation. If Contractor fails to comply with any requirement of this provision, County may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. 34. 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. 35. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, 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. CONTRACTOR: By: Name. ames E. Abets Date of Signature: 19 May 2025 Title: President WELD C� V ado:4. ATTEST: Weld County Clerk to the Board BY: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO Deputy Clerk to the BoPerry L. wick, Chair MAY 1 9 2025 2on"--1321 Weld County Finance Department Purchasing Division 1301 North 17th Avenue Greeley, Colorado 80631 EXHIBIT A Supply (Recurring) - Invitation for Bid (IFE3) Cover Sheet Bid Number: B2500070 Title: Structural Steel Supply Advertisement Date: April 28, 2025 Questions Due: May 5, 2025 by 1:OOpm Questions Posted: May 7, 2025 by 10:OOam Questions email: bids c(,,weld gov Bid Due Date: May 12, 2025 by 10:OOam, Purchasing's Clock Bid Delivery: Preferred email to bids(c�weld.gov or option to hand delivery to 1301 North 17'h Avenue, Greeley, CO 80631 For additional information: bids@weld.gov Documents Included in this Bid Package IFB Schedules Schedule A: Bid Instructions Schedule B: Scope of Work Schedule C: Project Schedule Schedule D: Bid Form Schedule E: Insurance & Bonds Schedule F: Weld County Contract Form Revision 1-2025 TaWe of Contents Supply (Recurring) - Invitation for Bid (IFB) Cover Sheet Documents Included in this Bid Package IFB Schedules Table of Contents Schedule A - Bid Instructions Purpose/Background Bid Advertisement Bid Submission Introductory Information Cooperative Purchasing Schedule B - Scope of Work Project Overview Method of Procurement Pricing Method Specific Requirements and Responsibilities Schedule C - Procurement Schedule Schedule D — Bid Response Form Bid Submittal Instructions Fees Attestation Schedule E — Insurance Insurance Insurance Mailing Information Schedule F - Weld County Contract Contractual Obligations Weld County Standard Contract 1 1 1 2 3 3 3 3 3 4 5 5 5 5 5 6 7 7 7 7 9 9 11 12 12 12 82500070 2 rx.-.^�csrcr-a.•�...r�..�r. ��.axr_�a n ��.-sacva� -a�._.crs-cz-ax.^-sz.,•—•© �Tc.-^cs>�-. rr>^ixe aa,-a_. �.rc.av:..� c�...s�nc �^�^�+e,-.-•..- ,. _-.a—.cc��_..—xx.-.c,�-cr-Ae_�-z�cs�-^ �+--• --�-a.n_.m Schedule A - Bid Instructions Purpose/Background The Board of County Commissioners of Weld County, Colorado, by and through its Purchasing Office (collectively referred to herein as, "Weld County"), wishes to purchase the following: Structural Steel Supply Bids will be received until: May 12, 2025 at 10:00am (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on May 12, 2025 at 10:30am. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, Co 80631. Microsoft Teams By Phone Meeting Join the meeting now Phone 4-1 720-439-5261..521343963## Passcode: ID: 299 He6GJ2oC 874 357 740 United conference States, ID: Denver 521 343 963## Bid Advertisement You can find information concerning this request on the BidNet Direct website at https.//www.bidnetdirect.com/ Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Submission 1. PREFERRED: email bidstobids@weld.gov Ifyourbidexceeds25MBplease uploadyour bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. If vendor does not desire email submission, sealed bids will be received at the Office of the Weld County Purchasing in the Weld County Building located at 1301 North 17th Avenue, Greeley, CO 80631 by the bid due date and time. 2. PDF format is required. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when your bid has been received. Please call Purchasing at 970-400-4222 or 4223 with any questions. Introductory Information 1. Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Division. Each bid must give the full business address of bidder and be signed by authorized person. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person B2500070 3 authorized to bind it in the matter The name of each person signing shall also be typed or printed below the signature bid by a person who affixes to his signature the word "president," "secretary,"agent, or other title without disclosing his principal, may be held to be the bid of the individual signing When requested by the Weld County Procurement Manager satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder All corrections or erasures shall be initialed by the person signing the bid All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein All designations and prices shall be fully and clearly set forth All blank spaces in the bid forms shall be suitably filled in Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms The Bid Proposal must be filled out completely, in detail, and signed by the Bidder 2 Late or unsigned bids shall not be accepted or considered It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Division on or prior to the time indicated in Section 1, entitled, "Notice to Bidders " Hard copy bids received pnor to the time of opening will be kept unopened in a secure place No responsibility will attach to the Weld County Procurement Manager for the premature opening of a bid not properly addressed and identified Bids may be withdrawn upon written request to and approval of the Weld County Procurement Manager, said request being received from the withdrawing bidder pnor to the time fixed for award Negligence on the part of a bidder in preparing the bid confers no nght for the withdrawal of the bid after it has been awarded Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' nsk 3 In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C R S § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, panting, lithographing or other supplies for any officer of Weld County) Weld County reserves the tight to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County The bid(s) may be awarded to more than one vendor 4 In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Invitation for Bid contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners Cooperative Purchasing Weld County encourages cooperative purchasing in an effort to assist other agencies to reduce their cost of bidding and to make better use of taxpayer dollars through volume purchasing Vendor(s) may, at their discretion, agree to extend the prices and/or terms of the resulting award to other state or local government agencies, school districts, or political subdivisions in the event they would have a need for the same product/service Usage by any entity shall not have a negative impact on Weld County in the current term or in any future terms 82500070 4 Schedule B - Scope of Work Project Overview Weld County is seeking bids for a vendor to provide our Structural Steel Supply. Method of Procurement Invitation for Bid (IFB)-. is a procurement method often referred to as a sealed bid solicitation. When issued, the bid package is considered complete for bidding purposes. Responsiveness to the solicitation s terms and conditions are required. Incomplete or non -responsive bids will be eliminated from consideration. Low price is the key consideration by Weld County in awarding an IFB contract. Pricing Method Unit Pricing: Unit pricing is where the contractor simply sets a price for each unit of type of work, or category of cost. Specific Requirements and Responsibilities Acknowledgement and Delivery Schedule of Initial Order: Time is of the essence. A delivery schedule, as listed below after receipt of the order. shall be deemed reasonable and serve the best interests of the County. The successful bidder shall acknowledge the receipt of the order and certify delivery schedule. Structural Steel Not to exceed 180 days To All Bidders: Weld County is soliciting bids for heavy steel for use in 2025. All prices quoted must include delivery, as directed by the Weld County Public Works Department at the designated job site within a 25 -mile radius of Greeley, Colorado. Forty-eight (48) hours' notice must be given to the Weld County Public Works Department before delivery. If proper notice is not given, delivery will have to be made the next business day. Bids shall be based on theoretical weights listed in this document, or weights given by manufacturer's literature when not listed herein. Weld County will pay for all items bid by weight on the basis of theoretical weight only. Weld County will order materials as needed and shall not be required to purchase any specific amounts. All items shall be new and free of rough, hazardous edges and shall meet or exceed the minimum requirements of the Colorado Department of Transportation, Standard Specifications for Road and Bridge Construction, latest edition. All structural steel shall meet the specifications of AASHTO M-223 (ASTM A572)*. The bidder shall be required to supply verification of conformance with specifications upon request of Weld County or as required herein. The bidder shall supply mill certification of materials upon request of Weld County. * Unless stated otherwise. B2500070 5 Schedule C - Procurement Schedule Below is the anticipated schedule for procurement of this solicitation: Advertisement Date April 28, 2025 Technical Questions Due May 5, 2025, by Technical Questions email bids@weld.gov Questions Answered via Addendum May 7, 2025 Proposals Are Due May 12, 2025, by 10:00am Purchasing's Clock Solicitation Notice of Award (Anticipated) May 26, 2025 Contract Execution (Anticipated) June 9, 2025 Completion June 9, 2025 B2500070 6 Schedule D - Bid Response Form Bid Submittal Instructions The following items must be completed and submitted with your bid on or before the bid opening deadline of 10:00am on May 12, 2025: 1) Schedule D - Bid Response Form 2) Any potential or future Addenda must be completed/acknowledged. 3) All other items as requested in the Bid Specifications and/or Scope of Work. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete, non -responsive and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. Fees Provide fees for this project below: Heavy Steel HP 10X57X40' H Pile 1600 Feet (40pcs @ 40') Price per Ft Total $ W 14X109X50' Steel Stringers 750 Feet (15pcs @ 50') Price per Ft Total $ Price Effective For Days from Bid Opening Date Attestation The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all the conditions, specifications and special provisions set forth in the Invitation for Bid for Request No. #B2500070. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying bid sheets. 4. Acknowledgement that bidder is required to submit a current IRS Form W9 upon award and prior to contracting. 5. Acknowledgement of Schedule E — Insurance 6. Acknowledgment of Schedule F — Weld County Contract 7. By submitting a responsive bid or proposal, the supplier agrees to be bound by all terms B2500070 7 and conditions of the solicitation as established by Weld County 8 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 Item Company Name Address Entry Phone Email FEIN/Federal Tax ID # CONTRACTOR By Name Title B2500070 Date of Signature 8 Sch dubs E ® Insurance Insurance Required Types of Insurance. Workers' Compensation and Employer's bability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment The 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) $ 100,000 $ 100,000 $ 500,000 Commercial General Liability Insurance including public liability and property damage, covenng all operations required by the Work The policy shall be endorsed to include the following additional insured language "County, its elected officials, trustees, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor " Such policy shall include Minimum Limits as follows Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles operating both on County property and elsewhere in the performance of this Contract Contractor's Automobile Insurance Policy shall include Minimum Limits as follows Bodily Injury/Property Damage (Each Accident) $ 1,000,000 Proof of Insurance All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf The Contractor shall name B2500070 9 tai. v.:'iL� N.+�.aa.�r a.�✓e.. �......�., .....w ,,. �.a..-..Eti.s _ the County, its elected officials, trustees, employees, agents, and volunteers as "Additional Insureds" for work that is being performed by the Contractor On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract Upon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act All certificates and endorsements are to be received and approved by the County before work commences Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address The project/contract number and project description shall be noted on the certificate of insurance The County reserves the right to require complete, certified copies of all insurance policies for examination required by this Agreement at any time Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final Such action will not require a formal contract amendment but may be made by administrative action Additional Insurance Related Requirements The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self- insurance carned by the County The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or material changes to policies required under this Agreement, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non -renewed However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County B2500070 10 of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award Subcontractor Insurance Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance pnor to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County Pilo limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might anse out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance to sufficient amounts, duration, or types The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement Insurance Mailing Information Certificates of Insurance, endorsements and bonds shall be provided to the County via electronic correspondence or mail using the information below Email Project Manager Ron Graves Email rgraves@weld gov Telephone 970-400-3787 Mail Weld County Public Works ATTN Ron Graves PO Box 758 Greeley, CO 80632 82500070 11 Schedule F - Weld County Contract Contractual obligations 1. The successful Contractor will be required to sign a contract substantially similar to the Weld County Standard Contract shown in Schedule F of this document. The County reserves the right to add or delete provisions to the form prior to Agreement execution. 2. Issuance of this solicitation does not commit the County to award any agreement or to procure. 3. If a formal contract is required, the Contractor agrees and understands that a Notice of Award does not constitute a contract or create a property interest of any nature until a contract is signed by the Awardee and the Board of County Commissioners and/or their authorized designee. 4. Contractor is responsible for reviewing the Weld County Standard Contract and understanding the terms and conditions contained therein; including, but not limited to, insurance requirements, indemnification, illegal aliens, equal opportunity, non - appropriation, and termination. 5. Contractor's Response to this solicitation is a willingness to enter into the Weld County Standard Contract or Contractor shall identify and include any proposed revisions they have for the Weld County Standard Contract. Any proposed revisions made by the Contractor after the County Notice of Intent to Award the Solicitation may be grounds for rescinding said Notice. The identification of willingness to enter into the standard Agreement is for general purposes at this time but is part of the evaluation process and must be included. There may be negotiations on aproject-by-project basis that provide further clarification. Weld County Standard Contract Supply Agreement Between Weld County and [Contractor/ THIS AGREEMENT is made and entered into this day of , 2025, by and between the Board of Weld County Commissioners, on behalf of Public Works, hereinafter referred to as "County," and [CONTRACTOR], hereinafter referred to as "Contractor". WHEREAS County requires an independent contractor to supply materials to County as set forth in the attached Exhibits; and WHEREAS Contractor is willing and has the specific ability to supply the required materials at or below the cost set forth in the attached Exhibits in accordance with the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: B2500070 12 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining o rder of precedence shall be based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B Exhibit B consists of Contractor's Response to County's Request. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. The material and/or equipment shall be delivered to the location(s) specified herein. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and ends one year later. 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. This Agreement may be extended upon mutual written agreement of the Parties. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience u pon thirty (30) days written notice to Contractor. Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon n inety (90) days written notice to County. Either Party may immediately terminate this Agreement u pon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving notice to cure such breach. Nothing herein shall be construed as giving Contractor the right to provide materials or services under this Agreement beyond the time when such materials o r services become unsatisfactory to the County. 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 completed or partially completed Work 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. 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 Amendment. 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. 6. Compensation; Invoicing. Upon Contractor's delivery of materials to County at the location B2500070 13 descnbed in the Exhibits, and County's acceptance of the same, County agrees to pay Contractor as set forth in the Exhibits No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C R S 29-1-101 et seq ) and the TABOR Amendment (Colorado Constitution, Article X, Sec 20) Unless otherwise provided in the Exhibits, Contractor shall invoice County for all materials supplied by Contractor under this Agreement within thirty (30) days of acceptance of such materials by County, and County shall remit payment to Contractor for all undisputed funds within thirty (30) days of receiving such invoice County shall include a wntten explanation for the nonpayment of any disputed funds, and the parties shall cooperate to resolve the dispute in a reasonable timeframe 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees or agents of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement Any provisions in this Contract that may appear to give the County the nght to direct Contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract 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 the Work without County's pnor 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 Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work Contractor shall require each subcontractor, as approved by County and to the extent of the Work 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 nght (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. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement Contractor further represents and warrants that all Work shall be performed by B2500070 14 - - qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications Contractor warrants that it has title to the materials supplied and that they are free and clear of all liens, encumbrances, and security interests In addition to the foregoing, all work performed pursuant to this Agreement is subject to a minimum one-year warranty period, unless a greater time is stated in the Exhibits, during which the Contractor must correct any failures or deficiencies This warranty shall commence on the date of County's final inspection and acceptance of the materials The Contractor warrants that the matenals to be supplied pursuant to this Agreement are fit and sufficient for the purpose intended, they are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship, and the materials sold to Weld County pursuant to this Agreement conform to the minimum specifications as established herein Service Calls in the First One Year Period Contractor shall bear all costs for mileage, travel time, service trucks, and any other costs accrued in the servicing (including repairs) of any of the materials purchased by County pursuant to this Agreement for as many service calls as are necessary for the first one (1) year period after said materials are first supplied to Weld County 10. Acceptance of Services Not; a !Waiver. 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 exists 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 Work 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 11. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and dunng any warranty penod For all coverages, Contractor's insurer shall waive subrogation nghts against County Contractor shall provide coverage with limits of liability no less than those stated below An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis Acceptability of Insurers Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Colorado and with an "A M Best" rating of not less than A -VII The County in no way warrants that the above -required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency Required Types of insurance. Workers' Compensation and Employer's Liabil►tylnsurance as required by state statute, covenng all of the Contractor's employees acting within the course and scope of their employment The 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 B2500070 15 Minimum Limits Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Liability insurance including public liability and property damage, covering all operations required by the Work The policy shall be endorsed to include the following additional insured language "County, its elected officials, trustees, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor " Such policy shall include Minimum Limits as follows Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Liability insurance for Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles operating both on County property and elsewhere in the performance of this Contract Contractor's Automobile Insurance Policy shall include Minimum Limits as follows Bodily Injury/Property Damage (Each Accident) $ 1,000,000 12 Proof of Insurance All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entenng the County premises The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract The certificates for each insurance policy are to be signed by a person authonzed by that insurer to bind coverage on its behalf The Contractor shall name the County, its elected officials, trustees, employees, agents, and volunteers as "Additional Insureds" for work that is being performed by the Contractor On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract Upon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act All certificates and endorsements are to be received and approved by the County before work commences B2500070 16 Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address The project/contract number and project description shall be noted on the certificate of insurance The County reserves the right to require complete, certified copies of all insurance policies for examination required by this Agreement at any time Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final Such action will not require a formal contract amendment but may be made by administrative action 13 Additional Insurance Related Requirements. The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carned by the County The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carner shall provide a minimum of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or material changes to policies required under this Agreement, except when cancellation is for non-payment of premium, then ten (10) days pnor notice may be given On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non -renewed However, in those situations where the insurance carner refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a matenal breach of contract and may be cause for immediate termination of 132500070 17 the Agreement at the option of the County The County reserves the nght to negotiate additional specific insurance requirements at the time of the contract award 14 Subcontractor Insurance Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County 15. No limitation of Liability The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor 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 by the Contractor, its agents, representatives, employees, or subcontractors The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement 16. Mutual Cooperation The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery 17 Indemnity The Contractor shall defend, indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its officers, officials, agents, and employees, from and against all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs (hereinafter referred to collectively as "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree It is the specific intention of the parties that County shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the County, be indemnified by Contractor from and against any and all claims It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable In consideration for the award of this contract, the Contractor agrees to waive all rights of subrogation against the County, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the County 18. Ikon -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 19. Examination of Records To the extent required by law, the Contractor agrees that a duly authorized representative of County, including the County Auditor, shall have access to and the B2500070 18 right to examine and audit any books, documents, papers, and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 20. 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. 21. Notices. County may designate 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 as identified below. 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 and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: N ame: Position: Address: E-mail: P hone: To COUNTY: N ame: Ron Graves Position: Road & Bridge Supervisor Address: P.O. Box 758 Greeley, CO. 80632 E-mail: rgraves a`weld.gov P hone: 970-400-3787 22. 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. 23. 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. 24. 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, B2500070 19 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. 25. 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. 26. 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. 27. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 28. 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. 29. Non -Waiver. No term or condition of this Agreement 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. 30. 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. 31. 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. 32. 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. 33. No Employment of Unauthorized Aliens. Contractor certifies, warrants, and agrees that it B2500070 20 does not knowingly employ or contract with an unauthorized alien who will perform work under this Agreement (see 8 U S C A §1324a and (h)(3)) nor enter into a contract with a subcontractor that employs or contracts with an unauthorized alien to perform work under this Agreement Upon request, contractor shall deliver to the County a written notarized affirmation that it has examined the legal work status of an employee and shall comply with all other requirements of federal or state law Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation If Contractor fads to comply with any requirement of this provision, County may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages 34. 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 35. Banding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra judicial body or person Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or pnor agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement CONTRACTOR By Name Title WELD COUNTY ATTEST Weld County Clerk to the Board BY Date of Signature BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Perry L Buck, Chair B2500070 OF 21 Rose Everett From: Sent: To: Subject: Attachments: 4.... ass pis X HI Jim Abels <jabels@constructorsinti.com> Friday, May 9, 2025 2:53 PM bids OFFER for Structural Steel Supply, RFQ # 825x00070 C21-25-O07O-CO-Weld Offer for Structural Steel Supply # B25-00070. (07May2025),pdf This Message Is From an Untrusted Sander You have not previously corresponded with this sender. Use extra caution end avoid replying with sensitive information, clicking links, or downloading attachments until their identify Is verged. • TO: Weld County Finance Dept, Purchasing Division 1301 North 17th Avenue, Greeley, CO 80631 via e-mail: bids@weld.gov Please find attached our Offer to supply the Structural Steel: H -Piles and W14x109 Beams as specified. Our unit prices are on attachment Page 7. We supply Domestic USA Steel Our firm, Constructors International Incorporated, is a Service Disabled Veteran Owned Small Business founded as a Colorado "C" Corp on 02 March 1983. REQUIRED STATEMENT: "I hereby waive my right to a sealed bid", We supply mill -direct steel piling and beams, and all required insurance are via the steel mill and their freight carriers. We acknowledge we can deliver within the specified 180 days, pending receiving an expeditious Award. H -Pile mill rolling is scheduled for July and W14 Beams for late June. Steel Mill must receive our Order by May 20th to make their rolling schedules. Please advise if you have any questions or need of additional information. We appreciate your consideration, and Best Rgrds, Jim James E. Abels, President Constructors International Incorporated Service -Disabled Veteran -Owned Business 2571 Trails End Ct, Grand Junction, CO 81505 P.O. ®®x 4707, Aspen, Colored® 81012 UM Direct: 4, 07®- 8- :70 2 Weed County Finance Department Purchasing Division 1301 North 17'h Avenue Greeley, Colorado 80631 Supply(Recurring)- Invitation for Bid (IFB) Cover Sheet Bid Number: B2500070 Title: Structural Steel Supply Advertisement Date April 28, 2025 Questions Due: May 5, 2025 by 1:00pm Questions Posted: May 7, 2025 by 10:00am Questions email: bids@weld.gov Bid Due Date: May 12, 2025 by 10:00am, Purchasing's Clock Bid Delivery: Preferred email to bids(a7weldspv or option to hand delivery to 1301 North 17th Avenue, Greeley, Co 80831 For additional information: bids@weld.gov Documents Included in this Bid Package IFB Schedules Schedule A: Bid Instructions Schedule B: Scope of Work Schedule C: Project Schedule Schedule D: Bid Form Schedule E: Insurance & Bonds Schedule F: Weld County Contract Form Revision 1-2025 Table of Contents Supply (Recurring) - Invitation for Bid (IFB) Cover Sheet 1 Documents Included In this Bid Package.11/I/I/II.I11..,. /f./11.1./.I.1/• f 1 IFBSchedules/.,......1./I...,...///1I///...,II.1/f./f1f.I...f.r//.III,.I1...I...lf1.l.I..fl1f/11• 1 Table of Contents.. 2 Schedule A - Bid Instructions 3 Purpose/Background 3 BidAdvertisement.................................................................. 3 Bid Submission /. 3 Introductory Information • 3 Cooperative Purchasing 4 Schedule B - Scope of Work 5 Project overview • 5 Method of Procurement 5 Pricing Method .- 5 Specific Requirements and Responsibilities /.....f5 Schedule C - Procurement Schedule 8 Schedule D — Bid Response Form • • • - • • • 7 Bid Submittal Instructions • 7 Fees 7 Attestation 7 Schedule E - Insurance • • • 9 Insurance 9 Insurance Mailing Information 11 Schedule F - Weld County Contract 12 Contractual Obligations 12 Weld County Standard Contract 12 B2500070 2 Schedule A - Bid Instructions Purpose/Background The Board of County Commissioners of Weld County, Colorado, by and through its Purchasing Office (collectively referred to herein as, "Weld County"), wishes to purchase the following: Structural Steel Supply Bids will be rived until: May 12, 2025 at 10.00am (Weld County Purchasing Time Clock. The submitted bids will be read over a Microsoft Teams Conference Call on May 12, 2025 at 10:30ant To join, call the phone number and enter the Conference ID provided below or ou are invited to attend the bid opening In person at the Weld County Purchasing y Conference Room, 1301 N. 17th Avenue, Greeley, Co 80631. Microsoft Teams Join the meeting now Meeting ID: 299 874 357 740 Passcode; He8GaoC B�y Phone +-1 720-439-5261,t521343963# United States, Denver Phone conference la 521 343 963# • v Bid Advertisement You can find information concerning this request on the BidNet Direct website at http s://www, bidnetdirect. coml Weld County Government is a member of BidNet Direct. BidNet M� Direct is an on-line notification system which is being utilized by multiple non-profit an governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Submission 1. PREFERRED: email bids to bidsaweld.gov If your bid exceeds 25MB please upload your bid to https://www.bidnetdirect.com,. The maximum file size to upload to BidNet Direct is 500 MB. If vendor does not desire email submission, sealed bids will be received at the Office of the Weld County Purchasing in the Weld County Building located at 1301 North 17`" Avenue, Greeley, CO 80631 by the bid due date and time, 2. PDF format is required. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid", An email confirmation will be sent when your bid has been received. Please call Purchasing at 970-400-4222 or 4223 with any questions. Introductory Information 1. Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Division. Each bid must give the full business address of bidder and be signed by authorized person. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, B2500070 3 secretary, or other person authorized to bind It In the matter, The name of each person signing shall also be typed or printed below the signature, A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Procurement Manager satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished, A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder, All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein, All designations and prices shall be fully and clearly set forth. All blank spaces In the bid forms shall be suitably filled In. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. 2. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Division on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Hard copy bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Procurement Manager for the premature opening of a bid not properly addressed and identified, Bids may be withdrawn upon written request to and approval of the Weld County Procurement Manager; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. 3. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive In price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County), Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. 4. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Invitation for Bid contained herein (Including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. Cooperative Purchasing Weld County encourages cooperative purchasing in an effort to assist other agencies to reduce their cost of bidding and to make better use of taxpayer dollars through volume purchasing. Vendor(s) may, at their discretion, agree to extend the prices and/or terms of the resulting award to other state or local government agencies, school districts, or political subdivisions in the event they would have a need for the same product/service. Usage by any entity shall not have a negative impact on Weld County in the current term or in any future terms. B2500070 Schedule B - Scope of Work Project Overview Weld County is seeking bids for a vendor to provide our Structural Steel Supply. Method of Procurement Invitation for Bid ((FES): is a procurement method often referred to as a sealed bid solicitation. When Issued, the bid package is considered complete for bidding purposes. Responsiveness to the solicitation's terms and conditions are required. Incomplete or non -responsive bids will be eliminated from consideration. Low price is the key consideration by Weld County In awarding an IFB contract. Pricing Method Unit Pricing: Unit pricing is where the contractor simply sets a price for each unit of type of work, or category of cost. Specific Requirements and Responsibilities AcknoYvlect mend DelivervAchedule of Time is of the essence. A delivery schedule, as listed below after receipt of the order, shall be deemed reasonable and serve the best interests of the County. The successful bidder shall acknowledge the receipt of the order and certify delivery schedule. Structural Steel Not to exceed 180 days To All Bidders Weld County is soliciting bids for heavy steel for use In 2028, All prices quoted must include delivery, as directed by the Weld County Public Works Department at the designated job site within a 28 -mile radius of Greeley, Colorado. Forty-eight (48) hours' notice must be given to the Weld County Public Works Department before delivery. If proper notice Is not given, delivery will have to be made the next business day. Bids shall be based on theoretical weights listed in this document, or weights given by manufacturers literature when not listed herein, Weld County will pay for all items bid by weight on the basis of theoretical weight only. Weld County will order materials as needed and shall not be required to purchase any specific amounts. All Items shell be new and free of rough, hazardous edges and shall meet or exceed the minimum requirements of the Colorado Department of Transportation, Standard Specifications for Road and Bridge Construction, latest edition. All structural steel shall meet the specifications of AMMO M-223 (ASTM Ad72)". The bidder shall be required to supply verification of conformance with specifications upon request of Weld County or as required herein. The bidder shall supply mill certification of materials upon request of Weld County. * Unless stated otherwise. 82500070 Schedule C - Procurement Schedule Below is the anticipated schedule for procurement of this solicitation: Advertisement Date April 28, 2025 Technical Questions Due Technical Questions email Questions Answered via Addendum Proposals Are Due Solicitation Notice of Award (Anticipated) Contract Execution (Anticipated) Completion 62500070 May 5, 2025, by bids@wela gov May 7, 2025 May 12, 2025, by 10:00am Purchasing's Clock May 28, 2025 June 9, 2025 June 9, 2025 Schedule D - Bid Response Form Bid Submittal Instructions The following items must be completed and submitted with your bid on or before the bid opening deadline of 10:00am on May 12, 2025: 1) Schedule D - Bid Response Form 2) Any potential or future Addenda must be completed/acknowledged. 3) All other Items as requested In the Bid Specifications and/or Scope of Wont. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete, non -responsive, and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. Fees Provide fees for this project below: Heavy Steel HP 1 0X57X40' H Pile 1800 Feet (40pcs 40') Price per Ft $42.10 Total $87,380.00 W 14X109X50' Steel Stringers 750 Feet (15pcs 50') Price per Ft $100.05 Total $75.037,50 GRAND TOTAL: $142,397.50 Price Effective For TEN (10) Days from Bid Opening Date NOTE: Order required by 5/20/2025 to make Mill Rolling schedule. Attestation The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all the conditions, specifications and special provisions set forth in the Invitation for Bid for Request No. #82500070. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying bid sheets. 4. Acknowledgement that bidder is required to submit a current IRS Form W9 upon award and prior to contracting, 5, Acknowledgement of Schedule E — Insurance 8. Acknowledgment of Schedule F — Weld County Contract 7, By submitting a responsive bid or proposal, the supplier agrees to be bound by all terms B2500070 7 and conditions of the solicitation as established by Weld County. Eli Wald 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 beat interests of Weld County. The bid(s) may be awarded to more than one vendor. Item �_ Entry Com n - Name: Constructors International Incorporated Address: 2571 Trails End Ct Grand Jet, CO 81505 Phone n 970-948-9970 Email: jabels@constrapotQrsintl.ggru __. ,. FEIN/Federal Tax ID #: 84-1548851 CONTRACTOR: By. Constructors International Incorporated Name: James E. Abele Title: President 82500070 ate of Signature: 07 May 2025 Schedule E — Insurance Oa Insurance Required �'ytpes of I_r�suranc . Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their � employment. The 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) Coverage B (Employers Liability) a a a Statutory 100,000 100,000 500,000 Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. The policy shall be endorsed to include the following additional Insured language: "County, its elected officials, trustees, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor.►► Such policy shall include Minimum Limits as follows: Each Occurrence General Aggregate Products/Completed Operations Aggregate Personal/Advertising Injury 1,000,000 2,000,000 2,000,000 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles operating both on County property and elsewhere in the performance of this Contract. Contractoes Automobile Insurance Policy shall include Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 Proof of Insurance. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall name B2500070 9 the County, its elected officials, trustees, employees, agents, and volunteers as "Additional Insureds" for work that is being performed by the Contractor. On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are In excess of those required by this Contract. Upon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract. Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act. All certificates and endorsements are to be received and approved by the County before work commences. Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal Is a material breach of contract. All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address. The project/contract number and project description shall be noted on the certificate of insurance. The County reserves the right to require complete, certified copies of all insurance policies for examination required by this Agreement at any time. Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action. Additional Insurance Related Requirements. The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self- insurance carried by the County. The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project. Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or material changes to policies required under this Agreement, except when cancellation is for nonpayment of premium, then ten (10) days prior notice may be given. On ail other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non -renewed. However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County 82500070 10 of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect. The Contractor agrees that the insurance requirements specified In this Agreement do not reduce the liability Contractor has assumed In the indemnification/hold harmless section of this Agreement. Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award. Subcontractor Insurance, Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein, Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County no way in 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 by the Contractorf � its agents, representatives, employees, or subcontractors, The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Insurance Mailing Information Certificates of Insurance, endorsements and bonds shall be provided to the County via electronic correspondence or mail using the information below: Project Manager: Ron Graves Email: rgraves@weld.gov Telephone: 970-400-3787 Mail: Weld County Public Works ATTN: Ron Graves PO Box 758 Greeley, CO 80832 02500070 11 Schedule F - Weld County Contract Contractual Obligations 1. The successful Contractor will be required to sign a contract substantially similar to the Weld County Standard Contract Shawn in Schedule F of this document. The County reserves the right to add or delete provisions to the form prior to Agreement execution. 2. Issuance of this solicitation does not commit the County to award any agreement or to procure. 3. If a formal contract is required, the Contractor agrees and understands that a Notice of Award does not constitute a contract or create a property interest of any nature until a contract Is signed by the Awardee and the Board of County Commissioners and/or their authorized designee. 4. Contractor is responsible for reviewing the Weld County Standard Contract and understanding the terms and conditions contained therein, including, but not limited to, insurance requirements, indemnification, illegal aliens, equal opportunity, non - appropriation, and termination. 5. Contractor's Response to this solicitation is a willingness to enter into the Weld County Standard Contract or Contractor shall identify and include any proposed revisions they have for the Weld County Standard Contract. Any proposed revisions made by the Contractor after the County Notice of Intent to Award the Solicitation may be grounds for rescinding said Notice. The identification of willingness to enter into the standard Agreement Is for general purposes at this time but is part of the evaluation process and must be included. There may be negotiations on a project -by -project basis that provide further clarification. Weld County Standard Contract S _ • .I A•reem-nt Between 1• o • nd Contractor) THIS AGREEMENT is made and entered into this day of _ 2025, by and between the Board of Weld County Commissioners, on behalf of Public Works, hereinafter referred to as "County," and [CONTRACTOR], hereinafter referred to as "Contractors'. WHEREAS County requires an independent contractor to supply materials to County as set forth in the attached Exhibits; and WHEREAS Contractor is willing and has the specific ability to supply the required materials at or below the cost set forth in the attached Exhibits in accordance with the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 82500070 12 1. Introduction. The terms of this Agreement are contained In the terms recited in this document and In the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of County's Request for Bid (RFS) as set forth in Bid Package No. B2500070. Exhibit B consists of Contractor's Response to County's Request. 2, service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. The material and/or equipment shall be delivered to the location(s) specified herein, 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and ends one year later. 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. This Agreement may be extended upon mutual written agreement of the Parties. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon ninety (S0) days written notice to County, Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving notice to cure such breach. 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. 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 completed or partially completed Work 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. 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 Amendment, 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. B2500070 13 S. Comp0nsation; invoicing. Upon Contractor's delivery of materials to County at the location described in the Exhibits, and County's acceptance of the same, County agrees to pay Contractor as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically' approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). Unless otherwise provided in the Exhibits, Contractor shall invoice County for all materials supplied by Contractor under this Agreement within thirty (30) days of acceptance of such materials by County, and County shall remit payment to Contractor for all undisputed funds within thirty (30) days of receiving such invoice. County shall include a written explanation for the nonpayment of any disputed funds, and the parties shall cooperate to resolve the dispute in a reasonable timeframe. 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees or agents of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Any provisions in this Contract that may appear to give the County the right to direct Contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only, The Contractor Is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract. B. 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 the Work 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 Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Worts Contractor shall require each subcontractor, as approved by County and to the extent of the Work 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 82500070 14 0. V9arranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by queli4ied personnel in a professional manner, cones®tent with industry standards, and that all services will conform to applicable specifications, Contractor warrants that it has title to the materials supplied and that they are free and clear of all liens, encumbrances, and security interests. In addition to the foregoing, all work performed pursuant to this Agreement is subject to a minimum one-year warranty period, unless a greater time is stated in the Exhibits, during which the Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the materials. The Contractor warrants that the materials to be supplied pursuant to this Agreement are fit and sufficient for the purpose intended; they are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship; and the materials sold to Weld County pursuant to this Agreement conform to the minimum specifications as established heroin. Service Calls in the First One Year Period: Contractor shall bear all costs for mileage, travel time, service trucks, end any other costs accrued in the servicing (including ,repairs) of any of the materials purchased by County pursuant to this Agreement for as many service calls as are necessary for the first one (1) year period after said materials are first supplied to Weld County. 10. Acceptance of Services Not a Waiver. 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 exists 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 Work 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. 11. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverageln force afall times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. Contractor shall provide coverage with limits of liability no less than those stated below, An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis, Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do buslnes® in the state of Colorado and with an "A.M. Best" rating of not lees than A -VII. The County in no way warrants that the above -required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. R®auired ivoes of Insurance. Workers' Compenseflon and Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment i The policy shall contain a waiver of subrogation against the County. Thia requirement 'hall not epply when a Contractor or subcontractor is exempt under Colorado 82500070 15 Workers' Compensation Act., ARID when such Contractor or subcontractor executes the appropriate sole proprietor waiver form, Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language. "County, Its elected officials, trustees, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor." Such policy shall Include Minimum Limits as follows: Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Liability Insurance for Bodily injury and Property Damage for any owned, hired, and non -owned vehicles operating both on County property and elsewhere in the performance of this Contract. Contractor's Automobile Insurance Policy shall include Minimum Limits as follows: - Bodlly Injury/Property Damage (Each Accident) $ 1,000,000 12, Prof of Insurance. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall name the County, its elected officials, trustees, employees, agents, and volunteers as 'Additional Insureds" for work that is being performed by the Contractor. On insurance policies where the County 1s named as an additional insured, the County shall be en additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are In excess of those required by this Contract. Upon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the 82500070 16 -. Contract. Such documents are doomed confidential and deemed not public records for purposes of the Colorado Open Records Act. All certificates end endorsements are to be received and approved by the County beforo work commences. Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time If required by other provisions in this Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract. ' All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address. The project/contract number and project description shall be noted on the certificate of insurance. The County reserves the right to require complete, certified copies of all insurance policies for examination required by this Agreement at any time. Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action. 13. Additional Insurance Related Requirements, The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in ford Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project. Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimurri of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or material changes to policies required under this Agreement, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. On all other policies, It is the Contractor's responsibility to give the County 30 days' notice if policies are reduced In coverage or limits, cancelled or non -renewed. However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect. The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement. ®2500070 17 Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County, The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award. 14. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. 15. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. 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 by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement 18. Mutual Cooperation. The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery. 17. Indemnity. The Contractor shall defend, indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its officers, officials, agents, and employees, from and against all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs (hereinafter referred to collectively as "claims") for bodily Injury or personal Injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that County shall, In all instances, except for claims arising solely from the negligent or willful acts or omissions of the County, be indemnified by Contractor from and against any and all claims it is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this Indemnification is applicable. In consideration for the award of this contract, the Contractor agrees to waive all rights of subrogation against the County, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the County, 18. 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 82500070 18� 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. 18. Examination of Records. To the extent required by law, the Contractor agrees that a 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, Contractor agrees to maintain these documents for three years from the date of the last payment received, 20. 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, 21. Notices. County may designate 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 as identified below, 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 and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR' Name: James E. Abele Position: President Address: 2571 Trails End Ct, Grand Junction, CO 81505 E -mall; jabelsOconstructorsintlecom Phone; 970-948-9870 TO COUNTY: Name: Position: Address: Ron Graves. R,Q0cl & BridPe Supervisor fra Box 75$ Gr®eIeY, CO, 80632 E-mail: rraves %►weld ov _ _ Phone: 970-400-37_=7 22. 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. 82500070 19 23. 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, 24. 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. 25. 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. 26. 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. 27. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 28. 3everability. 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. 29. Non-Walver. No term or condition of this Agreement 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. 30. 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. 31. 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. 32. Choice of Law/Jurisdictlon. Colorado Saw, and rules and regulations established pursuant B2500070 20 thereto, shall be applied In the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated heroin 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. 33. No Employment of Unauthorized Aliens. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an unauthorized alien who will perform work under this Agreement (see ® U.S.C.A. §13248 and (h)(3)) nor enter into a contract with a subcontractor that employs or contracts with an unauthorized alien to perform work under this Agreement. Upon request, contractor shall deliver to the County a written notarized affirmation that It has examined the legal work status of an employee and shall comply with all other requirements of federal or state law, Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation. If Contractor fails to comply with any requirement of this provision, County may terminate this Agreement for breach, and if so temtinated, Contractor shall be liable for actual and consequential damages. 34. 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. 35. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra judicial body or person Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, 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. CONTRACTOR; By: Name. Title: WELD COUNTY: ATTEST: ®2500070 Date of Signature: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO 21 Weld C®urity Clerk t® the Board BY: Deputy Clerk t® the ®card Perry 6, Buck, Chair 82500070 22 Contract Form Entity Information Entity Name* Entity ID* CONSTRUCTORS INTERNATIONAL @00049876 INC Contract Name* STRUCTURAL STEEL SUPPLY Contract Status CTB REVIEW Contract ID 9473 Contract Lead* RGRAVES Contract Lead Email rgraves@weld.gov Contract Description* ANNUAL STRUCTURAL STEEL SUPPLY FOR BRIDGE CONSTRUCTION. Contract Description 2 j New Entity? Parent Contract ID Requires Board Approval YES Department Project # Contract Type* Department Requested BOCC Agenda Due Date AGREEMENT PUBLIC WORKS Date* 05 / 1 5,'2025 05/19/2025 Amount* $142,397.50 Renewable* NO Automatic Renewal Grant IGA Department Email CM- PublicWorksgweld.gov Department Head Email CM-PublicWorks- DeptHeadgweld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid / RFP #* B2500070 If this is a renewal enter previous Contract ID 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 Contact Info Contact Name Purchasing Purchasing Approver CONSENT Approval Process Department Head .CURTIS HALL DH Approved Date 05/15/2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 05/19/2025 Review Date* 02/02/2026 Committed Delivery Date Contact Type Contact Email Finance Approver CONSENT Renewal Date Expiration Date* 05/20,2026 Contact Phone 1 Purchasing Approved Date 05 15 2025 Finance Approved Date 05 15/2025 Tyler Ref # AG 051925 Originator RG RAV ES Legal Counsel CONSENT Contact Phone 2 Legal Counsel Approved Date 05/15/2025 Resolution Approve Emergency Bid #B2500070, 2025 Structural Steel Supply (H -Pile and Stringers), and Waiver of Ten -Day Waiting Period for Consideration and Investigation — Department of 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 #B2500070, 2025 Structural Steel Supply for H -Pile and Stringers, for the Department of Public Works, to avoid a price increase, 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 #82500070, 2025 Structural Steel Supply for H -Pile and Stringers, for the Department of Public Works, be, and hereby is, waived. Be it further resolved by the Board that the low bid from Constructors International, Inc., in the amount of $142,397.50, be, and hereby is, approved on an emergency basis. The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 14th day of May, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Aye Jason S. Maxey: Aye Lynette Peppier: Excused Kevin D. Ross: Excused Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board Cc:PVR., Pc,J(cN/DN/Dv/sty) cs/16125 2025-1321 P00024 EO0083 PUBLIC WORKS DEPARTMENT (970) 400-3750 1 1 1 1 H St., P.O. Box 758 Greeley, CO 80632 May 13, 2025 To: Board of County Commissioners Subject: Award Recommendation for 2025 Structural Steel Bid B2500070 As advertised, this solicitation is for Structural Steel (H -Pile and Steel Stringers). On May 12, 2025, three bids were opened for the 2025 Structural Steel. The bids were submitted by Constructors International Incorp, DBE Manufacturing, and MVA power. The lowest bid submitted by Constructors International Incorp, meets all the bid specifications. Therefore, the recommendation is to award the bid to Constructors International Incorp, for a total amount of $142,397.50. In addition, steel prices are rapidly changing, and Constructors International Incorp can only hold the proposed pricing for 10 days from the bid opening (May 12, 2025) . Due to this timeline and the need to establish a contract after the award, Public Works is requesting emergency approval by waiving the 10 -day waiting period as permitted by Weld County code. If you have any questions, please contact me. Sincerely, Curtis Hall Director s/4 2�Z5- 132\ PUOUL-k EC --A(33 or' iI. _ i DATE OF BID: MAY 12, 2024 REQUEST FOR: 2025 STRUCTURAL STEEL SUPPLY DEPARTMENT: PUBLIC WORKS DEPT BID NO: #B2500070 PRESENT DATE: May 14, 2025 APPROVAL DATE: May 14, 2025 VENDORS (Emergency) CONSTRUCTORS INTERNATIONAL INCORPORATED 2571 TRAILS END CT. GRAND JUNCTION CO 81505 DBE MANUFACTURING & SUPPLY LLC 431 5T" STREET GREELEY CO 80631 MVA POWER INC 1 HOLLY ROAD MONTREAL QUEBEC H3X3K6 PUBLIC WORKS WILL REVIEW THE BIDS. WELD COUNTY PURCHASING 1301 N 17T" Avenue, Greeley CO 80631 E -Mail. reverettweldgov.com E -Mail: cgeisert@weldgov.com E -Mail: ttaylor@weldgov.com Phone: (970) 400-4222, 4223, 4454 H PILE STEEL STRINGERS P rice Per Ft Price Per Ft 16( 00 Ft) (750 Ft) $42.10 = $67,360.00 $100.05 = $75,037.50 Grand Total: $142,397.50 P rice Effective: 10 days from Bid opening Order required by 5/20/25 to make Mill rolling schedule $43.22 = $69,152.00 $101.81 = $76,357.50 Grand Total: $145,509.50 P rice Effective: 3 weeks from Bid opening HP - Mill roll date is 6/10/2025 Steel stringers mill roll dates currently are 7/11/2025, 7/27/2025 & 8/24/2025 $50.70 =$81,120.00 $76.20 = $57,150.00 Grand Total: $138,270.00 P rice Effective: 30 days from Bid opening P rice includes 30°/0 tariff. Current tariff at time of delivery Will be added to our invoices as a separate line item. 2025-1321 5Aq E'en Oin 3 Hello