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Home My WebLink About20241592.tiffBOARD OF COUNTY COMMISSIONERS Co1*(16 fD 92,13 PASS -AROUND REVIEW PASS -AROUND TITLE: Weld County 2025 Contracted Slurry Seal Renewal DEPARTMENT: Public Works — Pavement Management DATE: 2.28.2025 PERSON REQUESTING: Joshua Holbrook, Pavement Management Supervisor Brief description of the problem/issue: The current Slurry Seal contract was awarded to Vance Brothers, Inc in 2024. Vance Brothers, Inc. was the lowest bid out of only two submitted bids. The Board has the option of renewing the agreement in 2025, which would be the second year for this contract (Document No. 2024-1592). The contract allows for yearly rate adjustments based upon the ENR Construction Cost Index (CCI) and Denver -Aurora - Lakewood Consumer Price Index (CPI). The 2025 CCI 20 -city average shows an increase of 1.6%, and the CPI shows an increase of 2.5%. Vance Brothers has requested an increase of 2.5% for all bid items except for traffic control, which they are requesting an increase of 13.79% (see attached cost comparison sheet). During our fall pavement evaluation, Public Works identified 93 miles of roadway requiring maintenance. The current budget for this work is $1,000,000, which will cover 46 miles of roadway. Therefore, and additional $1,160,485.84 is needed to supplement the current budget, which Finance has stated can be added from the fund balance if approved by the BOCC. Attached to this pass -around is a copy of the 2025 Fee Schedule and a cost comparison from 2024 to 2025. The total amount for this contract would be $2,160,485.84. What options exist for the Board? Consequences: If the Board approves the renewal, the Pavement Management Division can start working with Vance Brothers, Inc to ensure that materials are ordered and delivered by the start of the 2025 season. Impacts: If the Board denies the renewal, Public Works will need to re -bid the contract which could negatively impact the 2025 Slurry Seal Program and will result in a higher unit bid cost. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): The amount for 2025 contract year would be $2,160,485.84. Recommendation: Staff recommends approval of Vance Brothers, Inc. under the Slurry Seal Contract and placement on the BOCC agenda. Perry L. Buck Scott K. James Jason S. Maxey Lynette Peppier Kevin D. Ross Suosort Recommendation Schedule Place on BOCC Aaenda Work Session Attachments 2025 Fee Schedule 2024-2025 Cost comparison CC: Curtis Hall, Director of Public Works Duane Naibauer, Deputy Director Mona WeidenkellerPW ud et Coordinator con -n+ L4/Z/ZS P��cana�n9 L-1/2/25 Other/Comments: 2oZc4-1592 Eel Opn CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PULBIC WORKS AND VANCE BROTHERS, INC. This Agreement Extension/Renewal ("Renewal"), made and entered into Ind day of ilptc(�Z� and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works. hereinafter referred to as the "Department", and Vance Brothers] Inc., hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement') identified by the Werd County Clerk to the Board of County Commissioners as document No. 2024-1592, approved on July 31, 2024. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Agreement will end on July 30, 2025. • The parties agree to extend the Original Agreement for an additional ? yn r ppriol, which will begin July 31.2025 and will end on July 30, 2026. The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents, which shall be effective upon the expiration of the current term of the Original Agreement 1. This extension will be the second year of a possible three year contract. The estimated 2025 cost is $2,160,485.84. 2. The 2024 Fee Schedule of the contract shall be replaced by the attached Exhibit A 2025 Fee Schedule. All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: t 4° Pr' . , .. ature BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 424A - Perry L. ck, C air APB � 2�� ATTEST: Weld ounty BY: Deputy Clerk to the Board 2 0Z4- ISR 2 RENWAL BID SCHEDULE 2025 Slurry Seal Contract Item Number Description Unit Est. Quantity Unit Price Contract Bid 408 Place Rubberized Crack Filler (Weld County to supply material) TON 69.0 $3,895.00 $268,755.00 409 Slurry Seal SY 557,829 $3.21 $1,790,631.09 630 Signing and Traffic Control (Slurry Seal and Crack Seal) MILE 93.03 $825.00 $76,749.75 630 MHT and Traffic Control for Cdot intersections EACH 14 $1,025.00 $14,350.00 700 F/A Minor Contract Revisions F/A 1 $10,000.00 $10,000.00 Total: $2,160,485.84 * The successful vendor is required to sign a separate contract (a sample contract is included as a separate attachment.) BID NO. B2400093 Page - 1 - The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for bid for Request No. #1 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 proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. FIRM Vance Brothers LLC By Heath Russo (Please print) BUSINESS ADDRESS 380 West 62nd Avenue CITY, STATE, ZIP CODE Denver, CO 80216 DATE 03/04/2025 TELEPHONE NO (303) 341-2604 FAX (303) 341-2036 TAX ID # 44-0577983 SIGNATURE E-MAIL'i hrusso@vancebrothers.com WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. BID NO. B2400093 Page - 2 - NOTICE OF RENEWAL Project: 2025 Slurry Seal Contract Renewal To: Heath Russo Vance Brothers, LLC 380 West 62nd Ave, Denver CO 80216 Project Description: 2025 Slurry Seal Contract Renewal, Original Bid No. B2400093 You are hereby notified that your renewal rates have been accepted and the estimated budget for 2025 is $2,160,485.84. You are required by the Instructions to Bidders to execute the Renewal Agreement, Bonds and furnish the required Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. You are required to return an acknowledged copy of this Notice of Renewal to the Owner. Dated this 18 day of March 2025. Weld County, Colorado, Owner Ala By Joshua J. Holbrook, Pavement Management Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by ,3//. (Contractor) Dated this 0 day of ///4,e4 , 2025. By: �!'� "' (2s4' Title: 1;4,42742,94 - BID NO # 82400093 Page 1 Bond No. 0265927 PERFORMANCE BOND PROJECT: SLURRY SEAL CONTRACT 2025 RENEWAL KNOW ALL MEN BY THE PRESENTS; that Vance Brothers, LLC (Name of Contractor) 5201 Brighton Ave., Kansas City, MO 64130 (Address of Contractor) hereinafter called Contractor, and a (Corporation, Partnership, or Individual) Berkley Insurance Company (Name of Surety) 475 Steamboat Road, Greenwich, CT 06830 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of Two Million One Hundred Sixty Thousand Four Hundred Eighty Five and 84/100 Dollars($ 2,160.485.84 ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of , 2025, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: Slurry Seal and Sand Seal Contract described in the Invitation for Bids, Bid No. B2400093. NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void,: otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. BID NO. B2400093 Page - 1 - PERFORMANCE BOND PROJECT: SLURRY SEAL CONTRACT 2025 RENEWAL IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this 25th day of March Vance Brothers, LLC Contractor MA,/ ur,W,- (SEAL) (Contractor) Secretary i)rew Uanct? A (Witness as to Contractor) (Address) ATTEST: (Surety) ' Robert F. Bobo Attorney -In -Fact (SEAL) Witness as to Surety Nick Patetta 3657 Briarpark Dr., Ste. 700 (Address) Houston, TX 77042 ,2025. Cha s Lee, �U ee pres.de.r\+ 5201 Brighton Ave. (Address) Kansas City, MO 64130 SURETY: Berkley Insurance Company By Attorney -in -Fact Aaron P. Clark 475 Steamboat Road (Address) Greenwich, CT 06830 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID NO. B2400093 Page - 2 - Bond No. 0265927 LABOR & MATERIALS PAYMENT BOND PROJECT: SLURRY SEAL CONTRACT 2025 RENEWAL KNOW ALL MEN BY THE PRESENTS; that Vance Brothers, LLC (Name of Contractor) 5201 Brighton Ave., Kansas City, MO 64130 (Address of Contractor) , hereinafter called Contractor, and a (Corporation, Partnership, or Individual) Berkley Insurance Company (Name of Surety) 475 Steamboat Road, Greenwich, CT 06830 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado, P.O. Box 758, 1111 H Street, Greeley, Colorado 80632, hereinafter called Owner, in the penal sum of Two Milton One Hundred Sixty Thousand Four Hundred Eighty Five and 84/100 Dollars ($ 2,160,485.84 ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of , 2025, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: Slurry Seal Contract 2025 Renewal described in the Invitation for Bids, Bid No. B2400093. NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void,; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied BID NO. B2400093 Page - 3 - LABOR & MATERIALS PAYMENT BOND IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this 25th 64,wi (SEAL) day of March (Contractor) Secretary �brec,�l Urn ee Vance Brothers, LLC OI By Brother:, ,2025. Y i5 Lee , U d 'ce Pr esic a+ VXtOLt 5201 Brighton Ave. (Wit ess as to Contractor) (Address) (Address) ATTEST: (SEAL) Kansas City, MO 64130 (Surety) WSW► Robert F. Bobo SURETY: Berkley Insurance Company Attomey-I n -Fact Witness as to Surety Nick Patetta 3657 Brierpark Dr., Ste. 700 (Address) Houston, TX 77042 By _ Attorney -in -Fact Aaron P. Clark 475 Steamboat Road (Address) Greenwich, CT 06830 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID NO. B2400093 Page - 4 - No. BI -303j -el POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Robert F. Bobo; Timothy Kelly; Florence McClellan; Kristin Darling; Aaron P. Clark; Teresa D. Kelly; Craig C Payne; or Laura Lee Kneitz of Lockton Companies, LLC of Houston, TX its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney -in -fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this _2°±_ day of _ Mao _, 2024 ` o5Mr •. Attest: _ Bakley Insurance Company S .` (L!))BY ` AJJ By /'� n:s Philip S. elt Je ritsr 11,4*14 �t *� Executive Vice President & Secretary Senior Vice President STATE OF CONNECTICUT ) ss: COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this day of May 2024 , by Philip S. Welt and Jeffrey M. Hailer who are sworn to me to be the Executive Vice President and Secretary, and the Senior Vice President, respectively, of Berkley Insurance Company. &MAC. RUNDBAICEN NOM maw CONNECTICUT WOMMISION mans 0441040N CERTIFICATE Apoi)/ ..... Notary Public, State of Connecticut I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and t u..the.„authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of Ahed, is in full force and effect as of this date. my hand and seal of the Company, this 25th day of March 2025 } Vincent P. Forte a S1::11 l \�`GWP�Ji A LI CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYY, 1/1/2026 3/21/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies, LLC DBA Lockton Insurance Brokers, LLC in CA CA license #OF15767 EM ACT PHONE 1 FAX (�� t1o''' ,(ivGNod. 'E-AAAIL ADDRESS: 2100 Ross Ave Ste. 1400 INSUREHISIAFFORDING COVERAGE NAIL# Dallas TX 75201 -(214)..720.5503 _ ._ .... _ . INSURER A The Charter Oak Fire Insurance Company —25615 _ INSURED Vance Brothers, LLC 55 11752 5201 Brighton Ave. ,_INSURERS The Travelers Indemnity Cotrmpy INSURER c : Travelers PropertyCasualty Company of America 25658 25674 Kansas City MO 64130 INSURER D: Missouri Employers Mutual Insurance Company 10191 INSURERE Argonaut Insurance Compaq 19801 INSURER F : COVERAGES CERTIFICATE NUMBER: 21545143 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR lTR TYPE OFINSURANCE ADDI.4V8rt_...7POLdGY EfF INSR WVD POLICY NUMBER triag 1E; POLICY EXP MMtODJYY; (WA; LIMITS A _X, I COMMERCIALGENERALLIABILITY Y Y DT-CO-54708155-COF-25 1/1/2025 -1 1/1/2026 EACH OCCURRENCE -� $ 1,505,555 CLAIMS -MADE [ J OCCUR A� PREMISES (Ea occurran 1 $ 300,000 X + Cool 1 .,lab, MED EXP (Any one person) PERSONAL 8 ADV INJURY I 10,000 $ 1,000,000 $ 2,000,000 GENt AGGREGATE LIMIT APPLIES PER: POLICY X. r.ri ' WC OTHER: GENERAL AGGREGATE PRODUCTS COMP/OP AGe $ 2,QQOy000 g AUTOMOBILELIABILITY Y y 810-9M352747-25-26 (/1/2025 (/1/2026 `O=dEDISINGLEUMIT $ I,00,0005 $ XXXXXXX _._. $ XXXXXXX xr ANY AUTO OWNED " AUTOS ONLY X AIU7ps ONLY X MCS-90 - SCHEDULED _ AUTOS X AUTOS rniiN BODILY INJURY (Per person) BODILY INJURY (Per accident) - .,_� __ jP Ora dentaAMAGE $ XXXXXXX_ -_ $ XXXXXXX C X UMBRELLA LIAR X OCCUR Y Y CtJP-A6479698-25-26 I /1/2025 (/1/2026 EACH OCCURRENCE $ 10,000,000 $ 10,000,000 EXCESS LIAR L__. CLAIMS -MADE DED X RETENTIONS 10,000 AGGREGATE $ XXXXXXX E: WORKERS COMPENSATION AND EMPLOYERS' L(ABILm MEG3019980-01 ANY PROPRIETORIPARTNER/EXECUTIVE �YIN WC -42-918-8826174 N/ A 1/1/2025 (/1/2025 1/1/2026 (/112026 PER OTH- XI STATUTE1. J. ER E.L. EACH ACCIDENT $ 1 000000 -ii----------- $ 1,00%900 $ 1,000.000 OFFICER/AIEMBER EXCLUDED? 1,. r (Mendatory In NHl E.L. DISEASE - EA EMPLOYEE If yas, descdbe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACOR0101, Additional Remarks Schedule, may be attached if more space is required) Re: 2025 Slurry Seal Project. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 21545143 Weld County Public Works Department PO BOX 758 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1111 HSt. AUTHORIZED REPRESENTATIVE Greely CO 80632 - Y ACORD 25 (2016/03) © 1989-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo am registered marks of ACORD Attachment Code: D659861 Master [D: 1551752, Certificate ID: 21545143 Workers comp Carriers 1/1/2025 -1/1/2026 Missouri Employers Mutual Ins. Co. — Policy # MEG 3019980-01 (MO, AR, Al, KS, NE, TN) 1/1/2025 -1/1/2026 Argonaut Insurance Company - Policy No. WC 929188826174 (CO, MS, OK, TX) Attachment Coda D658480 Certificate ID: 21545143 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (Includes Products -Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABI LII TY COVERAGE PART PROVISIONS The folllowing is added to SECTION II - WHO IS AN INSURED: fRE co i Scar anat9neMIOYnoclne a 'n additional insured on this Coverage Part insured, but only a. With respect to liabi ity for "bodily injury" or "property damage" that occurs, or for "pers nail injury" caused by an offense that is committed, subsequent to the signing of that contract or agreement and while that part of the contract or agreement is in effect; and b. III, and only to the extent that, such injury damage is caused by acts or omissions of yro u your subcontractor in the performance of o work" to which the written contract or agreemen applies. Such person or organization doe not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is policy subject to the folllowing provisions: a. Ilf the Limits of 'Insurance of this Coverage Part shown in the Declarations exceed the minpim um limits required by the written contra cMor agreement, the insurance provided to the additional insured will be limited to such minimum required limits. For the purposes of determining whether this limitation applies, the minimum limits required by the written contract or agreement will be considered to include the minimum limits of any Umbr ell la or Excess liability coverage required for the additional insured by that written contract or agreement. This provision will not increase the limits of insurance described in Section III — Limits Of Iln surance. an b. The insurance provided to such additional insured does not apply to: (1) Any "bodily injury,"p r"o perty damage" or "personal injury" arising out of the providing, or failure to provide, any professional architectural' , engineering or surveying services, including: (a) The preparing, approving, or failling to prepare or approve, maps, shop draw ngs, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or app ove, drawings and specifications; and (b) Supervisory, inspection, architecturall or engineering activities. (2) Any "bodily injury" or "property damage" caused by "your work" and included in the "products -completed operations hazard" unless the written contract or agreement specificallly requires you to provide such coverage for that additional insured during the period. c. The additional insured must complly with the following duties: (1) Give us written notice as soon as practicablle of an 'occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: (a) How, when and where the "occurrence" or offense took place; (b) The names and addresses of any injured persons and witnesses; and (c) The nature and 'location of any injury or damage arising out of the "occurrence" or offense. (2) If a cla m is made or "suit" is brought against the additional insured: CGD2460419 O 2018 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Attachment Code: D658650 Certificate ID: 21545143 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read ail the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Who Is An Insured - Unnamed Subsidiaries B. Blanket Additional Insured — Governmental Entitles — Permits Or Authorizations Relating To Operations PROVISIONS A. WHO IS AN INSURED - UNNAMED SUBSIDIARIES The following is added to SECTION II - WHO IS AN INSURED: Any of your subsidiaries, other than a partnership, joint venture or limited liability company, that is not shown as a Named Insured in the Declarations is a Named Insured if: a. You are the sole owner of, or maintain an ownership interest of more than 50% in, such subsidiary on the first day of the policy period; and b. Such subsidiary is not an insured under similar other Insurance. No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal and advertising injury" caused by an offense committed: a. Before you maintained an ownership interest of more than 50% in such subsidiary; or b. After the date, if any, during the policy period that you no longer maintain an ownership interest of more than 50% in such subsidiary. For purposes of Paragraph 1. of Section II - Who Is An Insured. each such subsidiary will be deemed to be designated in the Declarations as: C. Incidental Medical Malpractice D. Blanket Waiver Of Subrogation E. Contractual Liability Railroads F. Damage To Premises Rented To You a. An organization other than a partnership, joint venture or limited liability company: or b. A trust; as indicated In its name or the documents that govern Its structure. B. BLANKET ADDITIONAL INSURED - GOVERNMENTAL ENTITIES - PERMITS OR AUTHORIZATIONS RELATING TO OPERATIONS The following is added to SECTION II - WHO 15 AN INSURED: Any governmental eritity that has issued a permit or authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional Insured on this Coverage Part is an insured. but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of such operations. The insurance provided to such governmental entity does not apply to: a. Any "bodily Injury", "property damage" or "personal and advertising injury" arising out of operations performed for the governmental entity; or b. Any "bodily injury" or "property damage" included in the "products -completed operations hazard'. CG D3 16 02 19 201/ The Travelers Indemnity Company. All tights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services pike. hit.. with its permission. Attachment Code: D658650 Certificate ID: 21545143 COMMERCIAL GENERAL LIABILITY C. INCIDENTAL MEDICAL MALPRACTICE 1. The following replaces Paragraph b. of the definition of "occurrence" in the DEFINITIONS Section: b. An act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person, unless you are in the business or occupation of providing professional health care services. 2. The following replaces the last paragraph of Paragraph 2.a.(1) of SECTION II - WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide: (a) Incidental medical services' by any of your "employees" who is a nurse, nurse assistant, emergency medical technician or paramedic; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION III - LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental. medical services", first aid • or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2.. Exclusions, of SECTION I COVERAGES - COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY: , Sale Of Pharmaceuticals °Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of, the insured. S. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related fumishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 6. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II — Who Is An Insured. D. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us. of SECTION IV - . COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs; or b. "Personal and advertising injury". caused by an offense that Is committed; subsequent to the execution of the contract or agreement. E. CONTRACTUAL LIABILITY — RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract' in the DEFINITIONS Section: c. Any easement or license agreement: Page 2 of 3 O2017 The Travelers Indemnity Company. All rights reserved. CG D3 16 02 19 Includes copyrighted material of insurance Services Office. Inc., with its n»rmiccinn Attachment Cade: D658650 Certificate ID: 21545143 COMMERCIAL GENERAL LIABILITY 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is deleted. F. DAMAGE TO PREMISES RENTED TO YOU The following replaces the definition of "premises damage" in the DEFINITIONS Section: "Premises damage" means "property damage' to: a. Any premises while rented to you or temporarily occupied by you with permission of the owner; or b. The contents of any premises while such premises is rented to your if you rent such premises for a period of seven or fewer consecutive days. CG D3 16 02 19 © 2017 The Travelers Indemnity Company. Al rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, rm., with Its permission. Attachment Code: D658650 Certificate ID: 21545143 Attachment Code: D660749 Certificate ID: 21545143 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS F. HIRED AUTO - LIMITED WORLDWIDE COV- ERAGE - INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE - GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form during the policy period over which you maintain 50% or mom ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II - COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which CA T3 53 02 15 H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE - INCREASED LIMIT I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - COVERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV - BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your O 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Attachment Code: D660749 Certificate ID: 21545143 COMMERCIAL AUTO permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II - COVERED AUTOS LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II — COVERED AUTOS LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE - INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV - BUSINESS AUTO CONDITIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, embargo, or similar regulation imposed by the United States of America applies to and prohibits the transaction of business with or within such country or jurisdiction, for Covered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. Page 2 of 4 (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the lirbit described in Para- graph C., Limits Of Insurance, of SECTION II - COVERED AUTOS LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investigation of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Paragraph C., Limits Of Insurance, of SECTION II - COVERED AUTOS LIABILITY COVERAGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess, contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Attachment Cede: D660749 Certificate ID: 21545143 COMMERCIAL AUTO You agree to maintain all required or compulsory insurance in any such country up to the minimum limits required by local law, Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory insurance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Canada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE —GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III - PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE - INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SECTION III - PHYSICAL DAMAGE COVERAGE : However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT The following replaces the first sentence in Para graph A.4.a„ Transportation Expenses, of SECTION III - PHYSICAL DAMAGE COVERAGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and CA T3 53 02 15 2015 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV - BUSINESS AUTO CONDITIONS : Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (5) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - BUSINESS AUTO CONDITIONS : 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by Page 3 of 4 Attachment Cody: D660749 Certificate ID: 21545143 COMMERCIAL AUTO such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV - BUSINESS AUTO CONDITIONS : Page 4 of 4 The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. O 2015 The Travelers Indemnity Compa ny. All rights reserved . CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission, Attachment Code: D660750 Certificate ID: 21545143 MEM WC 00 00 00 C (01115) Policy Number: MEG 3019980-01 Workers Compensation and Employers Liability Insurance Policy Insurer: MEM Protect Insurance Company WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY E. We Will Also Pay We will also pay these costs, in addition to other amounts payable under this insurance, as part of any claim, proceeding, or suit we defend: 1. Reasonable expenses incurred at our request, but not loss of earnings; 2. Premiums for bonds to release attachments and for appeal bonds in bond amounts up to the limit of our liability under this insurance; 3. Litigation costs taxed against you; 4. Interest on a judgment as required by law until we offer the amount due under this insurance; and 5. Expenses we incur. F. Other Insurance We will not pay more than our share of damages and costs covered by this insurance and other insurance or self-insurance. Subject to any limits of liability that apply, all shares will be equal until the loss is paid. If any insurance or self-insurance is exhausted, the shares of all remaining insurance and self-insurance will be equal until the loss is paid. G. Limits of Liability Our liability to pay for damages is limited. Our limits of liability are shown in Item 3.B. of the Information Page. They apply as explained below. 1. Bodily Injury by Accident. The limit shown for "bodily injury by accident -each accident" is the most we will pay for all damages covered by this insurance because of bodily injury to one or more employees in any one accident. A disease is not bodily injury by accident unless it results directly from bodily injury by accident. 2. Bodily Injury by Disease. The limit shown for "bodily injury by disease -policy limit" is the most we will pay for all damages covered by this insurance and arising out of bodily injury by disease, regardless of the number of employees who sustain bodily injury by disease. The limit shown for "bodily injury by disease -each employee" is the most we will pay for all damages because of bodily injury by disease to any one employee. Bodily injury by disease does not include disease that results directly from a bodily injury by accident. 3. We will not pay any claims for damages after we have paid the applicable limit of our liability under this insurance. H. Recovery From Others We have your rights to recover our payment from anyone fable for an injury covered by this insurance. You will do everything necessary to protect those rights for us and to help us enforce them. I. Actions Against Us There will be no right of action against us under this insurance unless: 1. You have complied with all the terms of this policy; and 2. The amount you owe has been determined with our consent or by actual trial and final judgment. ISSUE DATE: 12/23/2024 Page 5 of 8 Copyright 2015 National Council on Compensation Insurance Contract Form Entity Information Entity Name* Entity ID* VANCE BROTHERS INC @00004325 Contract Name 2025 SLURRY SEAL RENEWAL Contract Status CTB REVIEW Contract ID 9273 Contract Lead JHOLBROOK Cl New Entity? Parent Contract ID 20241592 Requires Board Approval YES Contract Lead Email Department Project # Jholbrook@weld.gov Contract Description * THE PROJECT IN GENERAL CONSIST OF SLURRY SEALING APPROX 36 MILES AND CRACK SEALING APPROX 57 MILES. Contract Description 2 Contract Type* CONTRACT Amount* $ 2,160,485.84 Renewable * YES Automatic Renewal NO Grant NO IGA NO Department Requested BOCC Agenda Due Date PUBLIC WORKS Date* 03/29/2025 04/02/2025 Department Email CM- PublicWorks@weld.gov Department Head Email CM-PublicWorks- DeptHead@weld.gov County Attorney BYRON HOWELL County Attorney Email BHOWELL@WELD.GOV If this is a renewal enter previous Contract ID 8541 If this is part of a MSA enter MSA Contract ID Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date * 01/05/2026 Renewal Date* 02/02/2026 Committed Delivery Date Expiration Date Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 03/28/2025 Approval Process Department Head Finance Approver Legal Counsel .CURTIS HALL CONSENT CONSENT DH Approved Date Finance Approved Date Legal Counsel Approved Date 03/28/2025 03/28/2025 03/28/2025 Final Approval BOCC Approved Tyler Ref # AG 040225 BOCC Signed Date Originator JHOLBROOK BOCC Agenda Date 04/02/2025 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Additional Funding for Contracted Crack Fill. DEPARTMENT: P lic Works Pavement Management Division PERSO QUESTING: Joshua Holbrook / Pavement Management Supervisor DATE: 9/20/2024 /the description of the problem/issue: The Pavement Management Division is asking for a change order to the 2024 Slurry Seal and Crack Fill contract to increase the number of crack fill locations. Vance Brother, Inc has already completed the crack fill roads in the original contract, and they do have ability to complete more crack fill this fall. Vance Brothers, Inc was awarded the 2024 Slurry Seal/Crack Fill contract in 2024 and they have also worked with Public Works on various projects through the 2024 construction season. Public Works has been satisfied with their products and performance. What options exist for the Board? Consequences: If the Board approves the change order, Public Works will be able to conti u to perform preventive maintenance on the paved roadway system in preparation of the 2025 chip seal - d overlay programs. Impacts: If the Board denies the change order, the planned preventive maintenance rkEly not - completed with current staff levels and will negatively affect the 2025 chip seal and overlay programs:, Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): The requested 'Change order amount is $145,075.00. Public Works had conversations with Finance about this request, and there are budget dollars available. Recommendation: Staff recommends the change order be placed on the BOCC agenda for consideration. Perry L. Buck, Pro -Tern Mike Freeman Scott K. James Kevin D. Ross, Chair Lori Seine 10/Z Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: cci,orto,a16O Puu(alaWA9 20Z�-I�IZ EG008Z Change Order # Otto Service Agreement Between Weld County and Vance Brothers, Inc. Date: 9/15/2024 Original Agreement: 2024-1592 County Department: Public Works The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. The amount of the contract is adjusted as follows: $887,442.06 Original Contract Amount $0.00 Previously Approved Change order(s) Amount $145,075.00 Current Change Order Amount $1,032,517.06 New Contract Total 2. The additional days allowed to complete work of the contract is adjusted as follows: 90 Days Original Contract Amount 0 Days Previously Approved Change order(s) Amount 30 Days Current Change Order Amount 120 Days New Contract Total All other terms and conditions of the Original Agreement remain unchanged. CONTRACTOR: By: / /4 Name: Chris Lee Title: Vice President ATTEST: Weld County Clerk to the BY: Deputy Clerk to Date 09/19/2024 RD OF COUNTY COMMISSIONERS D COUNTY, COLORADO _D D. Ross, Chair 1 0 2 Page 1 of 1 ZbZ`-E-1592 Weld County Road 35 Crack Fill From Eaton CL Change To Ault CL Order Tons 3 31 74 SH14 4 50 49 53 2 27 SH 392 74 3 61 50 SH34 1 61 US34 388 2 15 72 Windsor CL 1 25 SH14 84 1 65 8 SH52 2.5 34 1 Mead CL 2 68 SH392 63.5 2.5 18 23 23.5 1 Finish 39 28 44 2 62 41 Greeley CL 2 62 43.75 Culdesac 1 23 Windsor CL SH392 1.5 Total 31.5 Contract Form Entity Information Entity Name * VANCE BROTHERS INC Contract Name 2024 SLURRY SEAL CONTRACT Contract Status CTB REVIEW Entity ID" @00004325 Contract ID 8653 Contract Lead * JHOLBROOK Q New Entity? Parent Contract ID 20241592 Requires Board Approval YES Contract Lead Email Department Project # Jholbrook@weld.gov Contract Description* THIS CHANGE ORDER QUEST IS TO INCREASE THE NUMBER OF ROADS TO BE CRACK FILLED TO THE CONTRACT. Contract Description 2 Contract Type* Department Requested BOCC Agenda Due Date CHANGE ORDER PUBLIC WORKS Date* 09/28/2024 10/02/2024 Amount* Department Email $145,075.00 CM- Will a work session with BOCC be required?* PublicWorks@weldgov.co NO Renewable m NO Does Contract require Purchasing Dept. to be Department Head Email included? Automatic Renewal CM-PublicWorks- YES DeptHead@weldgov.com Grant Bid/RFP #* County Attorney B2400093 BYRON HOWELL IGA County Attorney Email BHOWELL@WELD.GOV 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 Review Date* 11/22/2024 Committed Delivery Date Renewal Date Expiration Date* 12/31/2024 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date TOBY TAYLOR 09/27/2024 Approval Process Department Head .CURTIS HALL DH Approved Date 09/27/2024 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 10/02/2024 Finance Approver CHERYL PATTELLI Legal Counsel BYRON HOWELL Finance Approved Date Legal Counsel Approved Date 09/27/2024 09/27/2024 Tyler Ref* AG 100224 Originator JHOLBROOK Con -%c 1t854 -1-I WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & VANCE BROTHERS, INC SLURRY SEAL CONTRACT 2024 THIS AGREEMENT is made and entered into this .Stay of clu , 2024, by and between the County of Weld, a body corporate and politic of the State of Color , by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Vance Brothers, INC,[a corporation], who whose address is PO Box 300107, Kansas City, MO 64130, hereinafter referred to as "Contractor". WHEREAS, Various Weld County Roads need Maintenance, (hereinafter referred to as the "Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the maintenance of these roads, and WHEREAS, County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit A and B WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Construction Services at or below the cost set forth in Exhibit B: WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B2400093". The RFP contains all the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit A, which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"), to perform the services described on attached Exhibits A and B. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent C tractors performing construction services of a similar Can RcrocAPL 7/31%Zy 4,O 1/5//.2 nature to those described in this Agreement. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A and B. Both parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $887,442.06, which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7 Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty. Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the construction completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self - insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. Any modification to these requirements must be made in writing by Weld County. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Indemnity: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contractor in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act, AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Employers Liability) Statutory $ 500,000 $ 500,000 $ 500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and liability assumed under an insured contract. The policy shall be endorsed to include 1) the Additional Insured Endorsements CG 2010 (or equivalent), 2) CG 2037 Additional Insured for products/completed operations, and 3) the Designated Construction Projects General Aggregate Endorsement CG 2503. The policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations" and the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury $50,000 any one fire; and $500,000 errors and omissions. $5,000 Medical payment one person Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injuryforeach accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 14. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, and all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Vance Brothers, Inc Attn. Chris Lee Address: 380 West 62nd Ave. Denver Colorado, 80216 E-mail: clee@vancebrothers.com County: Name: Joshua Holbrook Position: Pavement Management Supervisor Address: 1111 H street, Greeley Colorado, 80632 E-mail: jholbrook@weldgov.com 18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50- 507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5- 102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 29. Official Engineering Publications, Contractor acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contractor under this Agreement, and Contractor agrees to meet or exceed all standards set by these publications. Contractor further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount. 30. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 31. 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. 32. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000 annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract. "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state -issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion. This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN al1(IJNESS WHEREOF, the parties hereto have signed this Agreement this day of , 2024. CONTRACTOR: Vance Brothers, I By: Name: Title: Vice President Date 07/09/2024 WELD C• Y,�:��' ��,j ATTEST* _.2: ../ G: 4 Weld 'ou y Clerk to th= Board BY �%eputy Cl1 k t. the` F 1 BOARD OF COUNTY COMMISSIONERS WELD COUN -COLORADO Kevin D. Ross, Chair JUL 3 1 2024 /592/ Exhibit A BID REQUEST NO. B2400093 WELD COUNTY DEPARTMENT OF PUBLIC WORKS CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR PROJECT: SLURRY SEAL CONTRACT 2024 (With Renewal Options for 2025/2026) May 2024 Weld County Public Works Pavement Management Division P.O. Box 758 1111 H Street Greeley, Colorado 80632 970-304-6496 BID NO. B2400093 Page 1 - TABLE OF CONTENTS The following checked forms and provisions take precedence over plan drawings and supplement the most current edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) which is to be used to administer the construction of this project BIDDING REQUIREMENTS *All Bidders must submit these forms with their Bid Notice to Bidders Invitation for Bids Instructions to Bidders Bid Proposal *Bid Schedule *Bid Bond *IRS Form W-9 *Statement of Qualifications and Subcontractors 3 3-4 4-10 11-12 13-14 15-16 17 18-21 WELD COUNTY CONTRACT FORMS **Low Bidder must submit these forms prior to Contract Award **Notice of Award 22 **Agreement 23-33 **Performance Bond 34 **Labor and Materials Payment Bond 35-36 Notice to Proceed 37 Certificate of Substantial completion 38 Lien Waiver 39-41 Notice of Acceptance 42 WELD COUNTY PROJECT SPECIAL PROVISIONS Special Provisions Index Project Special Provisions Appendix Estimated Quantities Project Location Map 43 44-71 73-74 75-81 BID NO B2400093 Page - 2 - REQUEST FOR BID WELD COUNTY, COLORADO 1301 N. 17Th AVENUE GREELEY, ELEY, CO 80631 DATE: May 29, 2024 BID NUMBER: B2400093 DESCRIPTION: 2024 Slurry Seal Contract DEPARTMENT: Public Works / Pavement Management BID OPENING DATE: June 12, 2024 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller (collectively referred to herein as, "Weld County'), wishes to purchase the following: 2024 Slurry Seal Contract Bids will be received until: June 121 2024 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on June 12, 2024 at 10:30 AM. 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. Phone number: 720-439-5261 Phone Conference ID: PAGES 1 - 7 OF THIS REQUEST FOR BIDS CONTAINS GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 - 7 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 7. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein. Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find information concerning this request on the BidNet Direct website at https://www.bidnetdirect.com/. Weld County Government is a member of BidNet Direct which is an online notification system being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bi =Delive io_Weld County: A. PREFERRED: email bids to bidseweld.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 BID NO. 82400093 Page - 3 - Purchasing in the Weld County Building located at 1301 North 17Th Avenue, Greeley, CO 80631 by the bid due date and time. B. 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. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Controller, 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. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller 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 Controller; 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. 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. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request 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. BID NO. B2400093 Page - 4 - 4. GENERAL PROVISIONS A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA; and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. BID NO. B2400093 Page - 5 - F Choice of Law. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void G No Third -Party Beneficiary Enforcement It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only H Attorney's Fees/Legal Costs In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder I DisadvantageddBusiness Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award J Procurement and Performance The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement K Term The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid Allowable annual percentage increase will be based on both the Denver -Aurora - Lakewood CPI and the ENR construction cost index L Termination County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement M Extension or Modification Any amendments or modifications to this agreement shall be in writing signed by both parties No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder N Subcontractors The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed -by the BID NO B2400093 Page - 6 - r subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors O Warranty The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests Service Calls in the First One Year Period The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted 1 Detailed equipment specifications to include the warranty 2 Descriptive literature P Non -Assignment The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder Such consent may be granted or denied at the sole and absolute discretion of County Q Interruptions Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions R Non -Exclusive Agreement This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature S Employee Financial Interest/Conflict of Interest — C R S §§24-18-201 et seq and §24-50- 507 The signatories to this Agreement agree that to their knowledge, no employee of Weld County BID NO B2400093 Page - 7 - has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests During the term of this Agreement, the successful bidder shall not engage in any business or personal activities or practices or maintain any relationships which actually conflicts with or in anyway appear to conflict with the full performance of its obligations under this Agreement Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder - T Severability If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties U Binding Arbitration Prohibited Weld County does not agree to binding arbitration by any extra -judicial body or person Any provision to the contrary in the contract or incorporated herein by reference shall be null and void ✓ 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 W Compensation Amount Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code X Taxes County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County 6 INSURANCE REQUIREMENTS General Requirements Successful bidders must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request Successful bidders shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A M Best Company as "A" VIII or better Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be BID NO B2400093 Page - 8 - reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller by certified mail, return receipt requested Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior If any policy is in excess of a deductible or self -insured retention, County must be notified by the Successful bidder Successful bidder shall be responsible for the payment of any deductible or self -insured retention County reserves the right to require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of is failure to obtain or maintain insurance in sufficient amounts, duration, or types The successful bidder shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement Any modification to these requirements must be made in writing by Weld County The successful bidder stipulates that it has met the insurance requirements identified herein The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies INDEMNITY The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its methods or procedures, or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree This paragraph shall survive expiration or termination hereof It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County A failure to comply with this provision shall result in County's right to immediately terminate this Agreement Types of Insurance The successful bidder shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's employees acting within the course and scope of their employment ' Policy shall contain a waiver of subrogation against the County This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act , AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form BID NO B2400093 Page - 9 - Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Successful bidder shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Successful bidders shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the Request for Bid. Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Successful bidder. Successful bidder shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID NO. 132400093 Page - 10 - BID PROPOSAL To Weld County Purchasing Department P O Box 758, 1150 "O" Street Greeley, Colorado 80632 Attention Toby Taylor, Procurement Manager Bid Proposal for 2024 Slurry Seal Contract PROPOSAL Pursuant to and in full compliance with all Contract Documents the undersigned Bidder hereby proposes to furnish all labor and materials and to perform all Work required for the complete and prompt execution of everything described or shown in or reasonably implied from the Bidding Documents, including the Drawings and Specifications, for the Work above indicated for the monies indicated below which includes all State, County and local taxes normally payable with respect to such Work The amounts stated include all allowances for profit and overhead, taxes, fees and permits, transportation, services, tools and equipment, labor and materials and other incidental costs The Bidder and all Sub -Bidders shall include in their bid all Sales and Use Tax if applicable State of Colorado and Weld County tax shall not be included Upon application, the State of Colorado Department of Revenue shall issue to a Bidder or Sub -Bidder a Certificate or Certificates of Exemption indicating that the purchase of construction or building materials is for a purpose stated in Section 39-26-114, CRS, and is free from Colorado State Sales Tax EXAMINATION OF DOCUMENTS AND SITE The Bidder has carefully examined the Bidding Documents, including the Drawings and Specifications, and has examined the site of the Work, so as to fully appraise themselves of the conditions at the site and to gain a clear understanding of the Work to be executed and is thoroughly familiar with all local, state and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work PROPOSAL GUARANTEE This Bid Proposal is accompanied by the required Bid Bond of five percent (5%) based upon the Total Cost of all items required to be Bid Weld County, Colorado is authorized to hold said Bid Bond for a period of not more than sixty (60) days after the opening of the Bids for the Work indicated, unless the undersigned Bidder is awarded the Contract within said period, in which event the Owner may retain said Bid Bond until the undersigned Bidder has executed the required Agreement and furnished the required Performance Bond, Labor & Materials Payment Bond, and Certificates of Insurance TIME OF COMPLETION The Bidder agrees to make their best effort to complete the entire Project as soon as possible and within the time specified in the Project Special Conditions after the issuance of the Notice to Proceed subject to the CDOT Standard Specifications for Road and Bridge Construction, Section 108 EXECUTION OF DOCUMENTS The Bidder understands that if this Bid Proposal is accepted, they must execute the required Agreement and furnish the required Performance Bond, Labor & Materials Payment Bond and Insurance Certificates within ten (10) days from the date of Notice of Award BID NO B2400093 Page - 11 - ETHOD OF AWARD The Owner reserves the right to reject any Bid from any Bidder whom the Owner deems is unfit or unqualified to complete the Work as specified regardless of the amount of the Bid It is understood by the Bidder how Bids shall be awarded and that should the cost of the Bid exceed budgeted funds, the Owner reserves the right to reject any or all Bids or portions of Work Bid or the use of any of the methods stated in the Instructions to Bidders to obtain the most advantageous Bid price All bids will be reviewed by the Owner and Engineer All mathematics will be checked and the correct total used for determining the low bidder BID NO B2400093 Page - 12 - BID SCHEDULE 2024 Slurry Seal Contract Item Humber Description Unit Est Quantity Unit Price Contract Bid 408 Place Rubberized Crack Filler (Weld County to supply material) TON 35 5 409 Slurry Seal SY 224,662 630 Signing and Traffic Control (Slurry Seal and Crack Seal) MILE 46 630 MHT and Traffic Control for Cdot intersections EACH 6 700 F/A Minor Contract Revisions F/A 1 $10,000 00 $10,000 00 Total " The successful vendor is required to sign a separate contract (a sample contract is included as a separate attachment ) BID NO B2400093 Page -13 - RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. Addendum No. Date: By: Date: By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for bid for Request No. #B2400093 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 proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. FIRM BY BUSINESS ADDRESS (Please print) CITY, STATE, ZIP CODE DATE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. BID NO. 132400093 Page - 14 - BID BOND PROJECTS Slurry Seal contract 2024 KNOW ALL MEN BY THESE PRESENTS, that as Principal, and as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of Dollars ($ ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated , 2024 for the PROJECTS Slurry Seal Contract as set out in the accompanying Bid WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform NOW THEREFORE, if the principal shall, within the period specified therefore A On the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B Withdraw said Bid within the time specified, or C Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this day of 2024 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing board Principal Address ATTEST By ATTEST By By Surety Address BID NO B2400093 Page - 15 - INSTRUCTIONS The full firm name and residence of each individual party to the bond must be inserted in the first paragraph. If the principal is a partnership, the full name of all partners must be inserted in the first paragraph which must recite that they are partners composing the partnership (to be named), and all partners must execute the bond as individuals. The state of incorporation of each corporate party to the bond must be inserted in the first paragraph and the bond must be executed under the corporate seal of said party attested by its secretary or other authorized officer. Power of Attorney must accompany this bond when signed by other than an officer of either the principal or surety. A standard printed bond form may be used in lieu of the foregoing form provided that the security stipulations protecting the Owner are not in any way reduced by use of such standard printed bond form. BID NO. B2400093 Page - 16 - Form W9 G..4.. 213) Dk;hatnr.adlhe Tremay Irmrrhd Revelxn Sevice Request for Taxpayer Identification Number and Certification Mee Form toth requester- Do not send to the IRS. Name (as shoofly you ""come tax return) N Bareness nameidetreger.d entity name, a ddlerent from above O a Check ayrapiate box for federal tax classification: ❑ IrdmduYsob proprietor O C Corporakm O S C.W.O. O Parfiarher ❑ Tn.... IIL.,,,,,,,,L.,,,,,,,,fatality company. Em. the v. dasdfxatem (CS corpora. , 5=S corporation, P=paNiersh.. - aS ❑ ... (see instruct...). I Exenpeoro ...wets,. Sawyer.... maelea*A Glee insauctan sy node gr.M_ - FATCA reporting I :::::: tat acconaht rxnhbrer(s) there (opkonaf) imiTaxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line I Sec. warily nerber to avoid backup ...acing. For individuals, this is your .octal security number (SSN). However, for aresidenI entities, t Is your emplosae yeror, or Identification number (EtN you do not h. see the ave a number, om on ge 3. Fa other see Now to get a r _�T i L I I TIN onpage 3. Note. rf the account is In more than one name, sae the chart on page 4 for guidelines on whose f Enhpbyer ibneicasm manU.r 1 number to enter. M-1-11 Certification Under penattiea d WO, I certify that: 1. The number shown on this form Is my correct taxpayer identification number (a I am waiting fa a number to be issued to me), and 2 l am not subject to backup *eeadng because' (a) I am exempt ham badap withhddrg, a (b) I haare no bean notitied by Qa Internal Revenue Service (IRS) that 1 am sub)ed to bad l=withhddrlg as a resin d a falitra to report all interest a dividerrns, a (c) the IRS hers notified lm that I am no longer subject to backup withhaidsig, and 3. I am a U.S. citizen mother U.S. person (defined.... 4. The FATCA code(.) entered on this form M any) indicating that I am exempt ham FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withhoking because you have failed to repot ell interest end dividends out yam tax return. For real estate transactions, item 2 does not apply. For mortgage Interest paid, acquisition a abandonment of secured property, cancellation of debt, contributions to an individual retirement amangemem (IRA, and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the IrrsnWana On peps 3. sferr...r Moro = General Instructions Section references are to the Interred Revenue Cafe unless ot... noted. Futve bhrMoprrusrrb. The RS has acted a pegs m WS.gw t. nf.makan abort Form W-9, st hNvw Ma.oadw9. Nam.. ebne any future develop.nts elect. Form W-9 (auxin as retreat..acted after we retea. it) era be posted m that page. Purpose of Form A person who is required to fie an nformaeon rerun with t s IRS runt obtah you correct taxpayer idea thcatm mother (T. to repot, fa exerraie, non. pad b ycu, payments made to you n settlemeit d payment cent and gird party metwonk tramtpr., real estate tram eons, =west west Lou paid, acque,tion or abadamrent d secured prryamy, cenralaeorh d debt, . cantrttxtt.ae ycu made to an HA Use Form W-9 any t you area U.S. person anddahg a resident Wen , to provide yore correct 11N to the person requesting it @io requester) and, when ypparabO, to; to 1. Cerny tat the TIN you ere.. is coned (or you . mot e waby to a her be �tedi, 2. Gently that you we not sbjnct to backup watt..19, a 3. Cfam mner@on tan beclap withhold. if you area U.S. exempt payee. appirabie, you are also aertiA'ing that as a U.B. person your allocable abate d ary pati+aefiP incase tom a U.S. bade a btaress a that abject to the wrthiddng . on Mow, pew.... slaved ...we, mnected income, and 4. 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Furth., in tauten cease where a Fam w-9 ha rot bash racetved, the .es under section1446 requre a p.mershq to presume that a passe us a foreign p moon, and pay the reckon 1446 vithhokfng tax Therefore, i you are a U.S. person that e a partner 14'4 e partrhershp candhrhbhg a trade txrsirhrss n the Uared Slataa, prude Form 148 to tta patrhershp to esrabtvh you U.S. dabs and awed section 1446 wateveleg on your share d partnership mono Cat. No. 10Zh1X Form W -1t. flew. S -vita BID NO. B2400093 Page -17 - STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: All questions herein must be answered by all bidders and the information given must be legible, dear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable, responsible and qualified bidder as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. 1. Name of Bidder (Company or Firm): 2. Permanent main office address: Phone Number: Fax Number: 3. Year Company was organized: 4. Number of years this Company has been engaged similar construction: Under what firm, company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work?__ 5. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: $ 6. List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. 7. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. BID NO. B2400093 Page - 18 - 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. 9. List all contracts within the last 3 years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. 10. Has any owner, as party to any of the Company's contracts within the last 3 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc., or attempted to have the performance bond invoked? If yes, explain in detail. 11. Describe all contracts that the Company failed to complete. 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. 13. List all or a maximum of three (3) of the most recent projects, similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction at the present time. List the project name, location, project superintendent, owner's representative and phone number, date completed and contract amount for each project. Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: BID NO. 82400093 Page -19 - Project Name: Location: Supt:_ Owner's Representative: Phone: Completion Date: Contract Amount: Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount 14. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15% OR MORE OF THE WORK. SUBCONTRACTOR WORK DESCRIPTION % OF WORK 15. List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc. NAME YRS. PERTINENT TITLE EXPERIENCE 16. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. The undersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information BID NO. B2400093 Page - 20 - requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this day of , 2024. Bidder Company By: Signature Name: (Please Type) Title: NOTARY County of ) ss. State of ) being duly sworn, deposes and says that he is of, (Title) and that the answers to the foregoing questions (Company Name) and all statements therein contained are true and correct. Subscribed and sworn before me this day of, 2024. (SEAL) Commission Expires Notary Public BID NO. B2400093 Page - 21- NOTICE OF AWARD PROJECT: SLURRY SEAL CONTRACT 2024 To: Project Description: The project in general consists of performing the crack seal in the subdivisions and parking lots and seal coat work for the 2024 construction season. The contract is a one year commitment with the option of renewal for up to two additional years. The project, 2024 Slurry Seal Contract, in general consists of: -Crack sealing 35.5 tons. (County to supply material) -Slurry Seal 224,662 SY This project is not subject to Federal or State contract requirements. The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of $ or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish the required Performance Bond, Payment Bond and Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this day of , 2024 Weld County, Colorado, Owner By: Josh Holbrook, Pavement Management Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this day of , 2024 By: Title: BID NO. B2400093 Page - 22 - PERFORMANCE BOND PROJECT: SLURRY SEAL CONTRACT 2024 IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of 2024. Contractor By (Contractor) Secretary (SEAL) (Witness as to Contractor) (Address) (Address) ATTEST: (Surety) Secretary (SEAL) By Witness as to Surety Attorney -in -Fact (Address) (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID NO. B2400093 Page- 23- LABOR & MATERIALS PAYMENT BOND PROJECT: SLURRY SEAL CONTRACT 2024 KNOW ALL MEN BY THE PRESENTS; that (Name of Contractor) (Address of Contractor) hereinafter called Contractor, and a (Corporation, Partnership, or Individual) (Name of Surety) (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County. Colorado. P.O. Box 758, 1111 H Street, Greeley, Colorado 80632, hereinafter called Owner, in the penal sum of Dollars ($ ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of , 2024, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: Slurry Seal Contract 2024 described in the Invitation for Bids, Bid No. B2400093. NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void,; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. BID NO. 82400093 Page - 24- LABOR & MATERIALS PAYMENT BOND IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of 2024. Contractor By (Contractor) Secretary (SEAL) (Witness as to Contractor) (Address) (Address) ATTEST: (Surety) Secretary (SEAL) By Witness as to Surety Attorney -in -Fact (Address) (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID NO. B2400093 Page - 25- NOTICE TO PROCEED PROJECT: SLURRY SEAL CONTRACT 2024 To: Date: PROJECT: SLURRY SEAL CONTRACT 2024 described in the Invitation for Bids, Bid No. B2400093. You are hereby notified to commence Work in accordance with the Agreement dated . The date of completion of all Work is therefore Weld County, Colorado, Owner By Josh Holbrook, Pavement Management Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: (Contractor) Dated this _ day of , 2024. By Title BID NO. 02400093 Page-26- CERTIFICATE OF SUBSTANTIAL COMPLETION PROJECT: SLURRY SEAL CONTRACT 2024 Owner's Project No: Engineer's Project No: Project: Slurry seal contract described in the Invitation for Bids, Bid No. B2400093 Contractor Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents except for the following specified parts thereof: The Work to which this Certificate applies has been inspected by authorized representatives of the Owner, Contractor and Engineer, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on Date of Substantial Completion A list of items to be completed or corrected may be attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of the Contractor to complete all the Work in accordance with the Contract Documents. The items in the list shall be completed or corrected by the Contractor within 30 days of the above date of Substantial Completion. To be effective, this form must be signed by the Owner, the Engineer, and the Contractor. Owner: Date: Engineer: Date: Contractor. Date: BID NO. B2400093 Page 27 LIEN WAIVER Slurry Seal/Sand Seal Contract TO: Weld County Public Works Attn: Joshua Holbrook P.O. Box 758 Greeley, Colorado 80632 Gentlemen: For a valuable consideration paid by the Board of County Commissioners of Weld County, the receipt and sufficiency of which is hereby acknowledged, the undersigned hereby, releases unto Weld County and to its heirs, executors, administrators or assigns, all rights of the undersigned to claim a mechanic's lien for material heretofore furnished for use in and for labor heretofore performed upon the construction, alteration, addition to or repair of the structures or improvements described in the Contract Documents as: Project: Slurry Seal Contract 2024 described in the Invitation for Bids, Bid No. B2400093 Contractor: (If no legal description is shown following the description of Project, we acknowledge that the foregoing is an adequate description of the real properties and improvements inasmuch as the foregoing is the description given in the Contract Documents which govern the performance of the Work for which consideration has been received.) In executing this release, we certify that all claims for labor, or materials, or both, furnished or performed on our behalf by our material suppliers or subcontractors have been paid or that satisfactory arrangement for payment has been made. We agree to defend Weld County from any and all claims on the part of our material suppliers, laborers, employees, servants and agents or subcontractors arising from our Work on the Project, and we further agree to reimburse the Board of County Commissioners of Weld County for any and all costs, including reasonable attorney fees, which they may incur as a result of such claims. Contractor By: Title: Date: STATE OF COUNTY OF ss. The foregoing instrument was acknowledged before me this day of 2024, by My commission expires: Notary Public BID NO #6240093 Page 2B FINAL LIEN WAIVER PROJECT: SLURRY SEAL CONTRACT 2024 To All Whom It May Concern: WHEREAS, the undersigned has been employed by (A) to furnish labor and materials for (B) work, under a contract (C) for the improvement of the premises described as (D) County of , State of of which is the Owner. NOW, THEREFORE, this day of . 2024, for and in consideration of the sum of (E) Dollars paid simultaneously herewith, the receipt whereof is hereby acknowledged by the undersigned, the undersigned does hereby waive and release any lien rights to, or claim of lien with respect to and on said above described premises, and the improvements thereon, and on the monies or other considerations due or to become due from the Owner, on account of labor, services, material, fixtures, apparatus or machinery heretofore or which may hereafter be furnished by the undersigned to or for the above described premises by virtue of said contract. (F) _SEAL) (Name of sole ownership, corporation or partnership) (Affix Corporate seal here) (SEAL) (Signature of Authorized Representative) Title: BID NO #B240093 Page 29 INSTRUCTIONS FOR FINAL WAIVER (A) Person or firm with whom you agreed to furnish either labor, or services, or materials, or both. (B) Fill in nature and extent of work; strike the word labor or the word materials if not in your contract. (C) If you have more than one contract on the same premises, describe the contract by number if available, date and extent of work. (D) Furnish an accurate enough description of the improvement and location of the premises so that it can be distinguished from any other property. (E) Amount shown should be the amount actually received and equal to total amount of contract as adjusted. (F) If waiver is for a corporation, corporate name should be used, corporate seal affixed and title of officer signing waiver should be set forth; if waiver is for a partnership, the partnership name should be used, partner should sign and designate himself as partner. BID NO #6240093 Page 30 NOTICE OF ACCEPTANCE PROJECT: SLURRY SEAL CONTRACT TO: Date: RE: Slurry Seal Contract 2024 described in the Invitation for Bids, Bid No. B2400093 This is to inform you that the above referenced job, has been satisfactorily completed in accordance with the Contract Documents and is hereby accepted. Final payment will follow the 30 -day advertisement period and will be made on or about Final acceptance does not relieve the Contractor of the minimum one (1) year guarantee on all work and materials incorporated into this Project. Such guarantee shall begin on the date of this acceptance. Weld County, Colorado, Owner By: Joshua Holbrook, Pavement Management Supervisor AIM BID NO #B240093 Page 31 TECHNICAL PROVISIONS FOR THE WELD COUNTY PUBLIC WORKS DEPARTMENT The most current Colorado Department of Transportation, Standard Specifications for Road and Bridge Construction, are the guidelines for the construction standards of this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. When specifications or special provisions contain both English units and SI units, the (English) units apply and are the specification requirement. PROJECT SPECIAL PROVISIONS Index Pages Commencement and Completion of Work Revision of Section 101 -Definition of Terms Revision of Section 104 -Scope of Work Revision of Section 105 -Control of Work Revision of Section 106 -Control of Material Revision of Section 107 -Legal Relations and Responsibility to Public Revision of Section 108 -Prosecution and Progress Revision of Section 109 -Measurement and Payment Revision of Section 408 -Joint and Crack Sealant Revision of Section 409 -Slurry Seal Revision of Section 627 -Pavement Marking Revision of Section 630 -Construction Zone Traffic Control Revision of Section 712 -Water Force Account Items / Basis of payment (May 2024) (May 2024) (May 2024) (May 2024) (May 2024) (May 2024) (May 2024) (May 2024) (May 2024) (May 2024) (May 2024) (May 2024) (May 2024) (May 2024) Page 45 46 47 48-50 51 52 53 54 55-57 58-65 66 67-69 70 71 BID NO #B240093 Page 32 NOTICE TO BIDDERS The proposal guaranty shall be a certified check, cashier's check, or bid bond in the amount of five percent (5%) of the Contractor's total bid. Pursuant to subsections 102.04 and 102.05, it is recommended that bidders on this project review the work site and plan details. Information regarding the project may be obtained from the following listed authorized representatives. Joshua Holbrook, Pavement Management Supervisor Weld County Public Works Department 1111 H Street Greeley, CO 80632 Office Phone: 970.304.6496, ext. 3744 The above referenced individual is the only representative with authority to provide any information, clarification, or interpretation regarding the plans, specifications, and any other contract documents or requirements. BID NO #9240093 Page 33 COMMENCEMENT AND COMPLETION OF WORK The Contractor shall commence the work under the Contract as required in the "Notice to Proceed" and will complete all work for the Slurry Seal within 80 Calendar Dave and 90 Calendar Dave for the Crack Seal unless the period for completion is extended otherwise by the County. If construction continues beyond the Contract time period or the time as extended, the Contractor will be assessed liquidated damages as stated hereafter. BID NO #B240093 Page 34 REVISION OF SECTION 101 DEFINITION OF TERMS Technical Specifications related to construction materials and methods for the work required under this contract shall consist of the most current "Colorado Department of Transportation, Standard Specifications for Road and Bridge Construction". Where the Project Special Provisions and the CDOT Specifications contradict one another, the more stringent specification shall apply. Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have different meanings within the scope of this Contract. A summary of redefinitions follows: "CDOT Resident Engineer" shall mean an employee designated as such by the Weld County Public Works Department. "Department" shall mean the Weld County Public Works Department. "Chief Engineer" shall mean the Weld County Public Works Director or designated representative. Holidays recognized by Weld County are: New Year's Day Washington/Lincoln Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Christmas "Inspector" shall mean an employee designated as such by the Weld County Public Works Department. "CDOT project personnel" shall mean personnel designated as such by the Weld County Public Works Department. "Project Engineer" shall mean an employee designated as such by the Weld County Public Works Department. "Region Transportation Director" shall mean Weld County Public Works Director or designated representative. Roadway prism defined as toe of slope to toe of slope. "State" shall mean Weld County. All references to State, CDOT, and the Department of Transportation shall be defined as Weld County acting directly or through its duly authorized representative or agent. END OF SECTION BID NO #B240093 Page 35 REVISION OF SECTION 104 SCOPE OF WORK Subsection 104.02(c) shall be revised as follows: When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction. Subsection 104.07 paragraph 4, starting with "Net cost savings..." shall be revised as follows: Net cost savings on VECPs shall be split equally between the Contractor and Weld County as determined in the Basis of Payment section of this specification. VECPs shall be submitted prior to the start of construction activities relating to the VECP. Subsection 104.07(d)(2) shall be deleted and replaced as follows: 2. For all VECPs, the incentive payment shall be calculated as follows: (gross cost of deleted work) — (gross cost of added work) = (gross savings) (gross savings) — (Contractor's engineering costs) — (Weld County's engineering costs) _ (net savings) Contractor's total incentive = (net savings)/2 Lost opportunity shall not be considered part of the calculations. The Contractor's engineering costs will be reimbursable only for outside consultant costs that are verified by certified billings. Weld County's engineering costs shall be actual consultant costs billed to Weld County and extraordinary in-house personnel labor costs. These labor costs will be calculated at the fixed amount of $100.00 per hour per employee. Project personnel assigned to the field office or who work on the project on a regular basis shall not be included in Weld County's portion of the costs. END SECTION BID NO #6240093 Page 36 REVISION OF SECTION 105 CONTROL OF WORK Section 105 of the Standard Specifications is hereby revised for the project as follows: Subsection 105.01 the provisions regarding Authority of the Engineer shall include the following: Weld County has the authority by written order to suspend the Work wholly or in part for the reasons delineated in the Contract Documents. All employees shall have the skill and experience and any licenses or certifications required to perform the Work assigned to them. If the County determines in its sole discretion that any Person employed by the Contractor or by any Subcontractor is not performing the Work properly and skillfully, then, at the written request of the County, the Contractor or such Subcontractor shall remove such Person and such Person shall not be re-employed on the Project without the prior written approval of the County. If the Contractor or the Subcontractor fails to remove such Person(s) or fails to furnish skilled and experienced personnel for the proper performance of the Work, then the County may, in its sole discretion, suspend the affected portion of the Work by delivery of written notice of such suspension to the Contractor. Such suspension shall in no way relieve the Contractor of any obligation contained in the Contract Documents or entitle the Contractor to a Change Order. Weld County in its sole discretion may require the Contractor to replace project management staff (Project Manager, Superintendent, Project Engineer, etc.) for any reason. This will also apply to all of the Contractor's subcontractors. At the written request of the County, the Contractor or such Subcontractor shall remove such Person and such Person shall not be re-employed on the Project without the prior written approval of the County. If the Contractor or the Subcontractor fails to remove such Person(s), then the County may, in its sole discretion, suspend the affected portion of the Work by delivery of written notice of such suspension to the Contractor. Such suspension shall in no way relieve the Contractor of any obligation contained in the Contract Documents or entitle the Contractor to a Change Order. Subsection 105.02 the provisions regarding Plans, Shop Drawings, Working Drawings, other Submittals and Construction Drawings shall include the following: Provisions regarding plans, shop drawings, working drawings and construction documents are set forth in the Contract Documents. Subsection 105.03 the provisions regarding conformity to the shall include the following: When the Engineer or Weld County finds the Materials furnished, Work performed, or the finished product are not in conformity with the Contract Documents, and Weld County determines, in its sole discretion, that it has resulted in an inferior or unsatisfactory product, the Work or Materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor. Materials will be sampled and tested by the Contractor in accordance with the sampling and testing schedules and procedures contained in the Contract Documents. The quantity represented by five consecutive random samples will constitute a lot whenever production schedules and Material continuity perrret. The Engineer may establish a lot consisting of the quantity represented by any number of consecutive random samples from one to seven inclusive when it is necessary to represent short production runs, significant Material changes, or other unusual characteristics of the Work. Tests that are determined to have sampling or testing errors will not be used. The Contractor will not have the option of accepting a price reduction in lieu of producing Material that complies with the Contract Documents. Continued production of nonconforming Material will not be permitted. Material, which is obviously defective, may be isolated and rejected by Weld County without regard to sampling sequence or location within a lot. Rejected material shall be removed at the Contractor's expense. BID NO #B240093 Page 37 2 REVISION OF SECTION 105 CONTROL OF WORK Subsection 105.09 shall be revised as follows: Delete subsections 105.09 (and replace with the following: These specifications, the supplemental specifications, the plans, special provisions, and all supplementary documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In the event of a discrepancy, the order of precedence is as follows: (a) Contract Documents including Exhibits, Addenda, and Appendices (b) Special Provisions i. Weld County Project Special Provisions ii. Weld County Standard Special Provisions iii. CDOT Project Special Provisions iv. CDOT Standard Special Provisions (c) CDOT Standard Specifications (d) Plans i. Detailed Plans ii Standard Plans iii. Calculated dimensions will govern over scaled dimensions Notwithstanding the foregoing, in the event of conflicting requirements involving any requirement within the Contract Documents, the County shall have the right to determine, in its sole discretion, which requirement(s) apply. The Contractor shall request the County's determination respecting the order of precedence among conflicting provisions promptly upon becoming aware of any such conflict. The Contractor shall not take advantage of any apparent error or omission in the Contract. Should it appear that the work to be done or any matter relative thereto is not sufficiently detailed or explained in the Contract Documents, the Contractor shall immediately notify the Project Manager in writing for further written explanations as may be necessary and shall conform to the explanation provided. The Contractor shall promptly notify the Project Manager of all error which it may discover in the Contract Documents, and shall obtain specific instructions in writing regarding any such error before proceeding with the work affected thereby. The Project Manager will make corrections and interpretations as necessary to fulfill the intent of the Contract. The fact that the Contract Documents omit or mis-describe any details of any work which is necessary to carry out the intent of the Contract Documents, that are customarily performed under similar circumstances, shall not relieve the Contractor from performing such omitted work or mis-described details of the work, and they shall be performed as if fully and correctly set forth and described in the Contract Documents, without entitlement to a change order except as specifically allowed. Subsection 105.22 shall be revised as follows: The Colorado Department of Transportation (CDOT) will not participate in the resolution process for any claims filed by the Contractor. Weld County will be the responsible party to such claims. Subsection 105.24 is amended as follows: Delete all references to CDOT and replace with Weld County. Delete: The venue for all unresolved disputes with an aggregate value $25,000 or less shall be the County Court for the City and County of Denver. Replace with: The venue for all unresolved disputes with an aggregate value $25,000 or less shall be the County Court for Weld County. BID NO #B240093 Page 38 3 REVISION OF SECTION 105 CONTROL OF WORK Subsection 105.24(c) is amended as follows: Delete: Division of Audit, 4201 E. Arkansas Ave, Denver, Co. 80222 Replace with: Weld County Board of Commissioners, 1150 O Street, Greeley, Co. 80632 Subsection 105.24(f) is amended as follows: In the third paragraph delete "the City and County of Denver" Replace with: "Weld County" In the fourth paragraph delete "Denver District Court" Replace with: "Weld County District Court" END OF SECTION BID NO #B240093 Page 39 REVISION OF SECTION 106 CONTROL OF MATERIAL/SORAGE OF MATERIALS Subsection 106.08 shall be revised to include the following: When The Inspector inspects the material the following conditions will be met: The Inspector shall have the cooperation and assistance of the Contractor and the materials producer. Weld County reserves the right to select random samples from the job in progress for retesting. All materials delivered to the pre -approved staging area will have a representative sample and bill of lading available along with a certificate of specification compliance for the Inspector. Those materials sampled and tested after delivery on the projector after incorporation into the work that do not meet the requirements of the contract will be rejected. Slurry Seal: Precautions shall be taken to ensure that stockpiles are carefully mixed just prior to use to ensure uniform distribution of the moisture, and that they do not become contaminated with over -sized rock, clay, silt, or excessive amounts of moisture. To eliminate oversized aggregate, the material shall be screened at the load site immediately prior to use. Costs for the screen will not be measured or paid for separately, but shall be considered incidental to the work. The stockpile shall be kept in areas that drain readily. Segregation of the aggregate will not be permitted. The contractor shall exercise care in the selection of stockpile locations. The stockpile should be located so as to minimize impacts to existing traffic and local residents. Under no circumstances shall stockpiles be located creating hazardous conditions for the traveling public. It is the sole responsibility of the contractor to locate stockpile sites. Stockpile and staging areas are to be provided to the engineer prior to starting work. Storage: The Contractor shall provide suitable storage facilities for the asphalt emulsion, using containers equipped to prevent water from entering the emulsion. If necessary, suitable heat shall be provided to prevent freezing. END OF SECTION BID NO #B240093 Page 40 REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC Section 107 of the Standard Specifications is hereby revised for the project as follows: Subsection 107.01 shall include the following after the first paragraph: Failure to comply with all contractual obligations may lead to the suspension, debarment or both of the Contractor as stipulated in the "Rules". Subsection 107.06 shall be revised to include the following: The Contractor and any subcontractor shall not require any laborer or mechanic employed in performance of the Contract to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety, as determined under construction safety and health standards (Rules and Regulations of the Federal Occupational Safety and Health Act of 1970 (OSHA) and as amended). All facilities and work conditions shall comply with the Colorado and Local Health Department Regulations and with OSHA requirements. Subsection 107.16 shall be revised to include the following: For this project, the insurance certificates shall name Weld County (Weld) and as additionally insured parties. Subsection 107.18 — Delete the third paragraph beginning with "Loss, injury, or damage to the work..." and replace with the following: Loss, injury, or damage to the work due to unforeseeable causes beyond the control of and without fault or negligence of the Contractor, including but not restricted to acts of God, such as flood, earthquake, tornado, or other cataclysmic phenomenon or nature shall be restored by the Contractor at no cost to the County. Subsection 107.20 shall be revised to include the following: The Contractor shall be required to obtain permission to conduct any work, store materials or stockpiles, or park any construction equipment or vehicles on private property. The Contractor shall conduct their work within the right-of-way and easement boundaries shown on the Contract Drawings. If working in the County right-of-way, the Contractor shall obtain a right-of-way permit from the Public Works Right -of -Way Permitting Technician, 970- 304-6496. END OF SECTION BID NO #B240093 Page 41 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.03(b) shall include the following after the first paragraph: The Bar Chart or Initial Schedule shall be submitted at least 10 working days prior to the start of the work. The Engineer's review of the Schedule will not exceed two working days. Work shall not begin until the Schedule is accepted in writing, unless otherwise approved by the Engineer. The Contractor shall not carry on construction operations on Saturdays, Sundays, or holidays unless previously arranged and approved by the Project Manager and Inspector Supervisor. The Contractor shall not perform construction operations on any three or four -day holiday weekend without prior written approval. Requests for weekend construction operations shall be presented in writing to the Project Manager and Inspector Supervisor no later than Wednesday at 5 p.m. prior to the weekend in which the work will be performed. Written requests received after the deadline will be reviewed on a case by case basis. The Project Manager and Inspector Supervisor are not required to provide written approval for weekend inspectable construction operations requests. In the event, the weekend construction operations involve inspectable work (operations requiring a construction inspector), the Contractor shall provide a credit on the next pay application to the County. The amount credited shall be $200.00 for the first 4 hours and $50.00 per hour per day thereafter for each Inspector required to perform inspections on the inspectable work. This requirement will be waived when the County requires weekend work on parking lots. Construction operations shall stop at 5 p.m. the day before the start of the holiday weekend. Construction operations may resume after the holiday weekend has passed. The Contractor shall only make emergency repairs and provide proper protection of the work and the traveling public on the holiday weekend days. Delete subsection 108.08)a)(2), and replace with the following: Calendar Day Contract. When the work is on a calendar day basis, one calendar day of contract time will be assessed for each calendar day from the date that Contract time starts. Calendar Day Contracts have been adjusted prior to bid advertisement to account for no work on Saturdays, Sundays, and holidays by increasing the calendar days by the appropriate number of days. As stated in subsection 108.08, no inspectable construction operations shall occur on Saturdays, Sundays, and holidays unless prior approval has been granted. No weather days or less than full time charges days will be granted in this contract. In subsection 108.09 delete the schedule of liquidated damages and replace with thefollowin Original Contract Amount ($) _ From More Than 1,000 000 6,000,000 500,0O0_, 2 000,000 10,000,000 END OF SECTION BID NO 8B240093 Page 42 REVISION OF SECTION 109 MEASUREMENT AND PAYMENT Section 109 of the Standard Specifications is hereby revised for the project as follows: Subsection 109.06(a) — Delete the second sentence beginning with "The amount retained ", and replace with the following: The amount retained will be 5% of the value of the completed work, to a maximum of 5% of the contract amount. No retainage shall be released prior to Final Acceptance. In Subsection 109.07 — Delete and replace with the following: Partial monthly payments to the Contractor for completed work will include payment only for materials actually incorporated in the work unless otherwise approved by the Engineer. END OF SECTION BID NO #B240093 Page 43 REVISION OF SECTION 408 JOINT AND CRACK SEALANT Crack Fill: Section 408.02 of the Standard Specifications is hereby revised for this project as follows: Weld County will supply the crack fill material for this contract. Specifications below are for information only. Material specifications and references in the plans are in accordance with the with the most current State Department of Highways. Division of Highways. State of Colorado, Standard Specifications for Road and Bridge Construction. The Contractor will submit asphalt mix formulas and aggregate in writing prior to job start. State Highway mix formulas and aggregate tests on the materials to be used are acceptable. Material Specification Hot Pour Rubberized Asphalt Crack Filler. Crack filler material shall be hot pour polymer rubberized asphalt crack filler and shall not contain vulcanized or reclaimed rubber. Crack filler material shall meet or exceed the following requirements. Material shall be tested in accordance to ASTM D-5329. Samples shall be prepared and heated in accordance to ASTM D-5167. Cone Penetration: The average of three determinations, when tested at 77EF for five (5) sec. at 150 grams total moving weight, will not exceed 90 DMM. Resilience: The average of three determinations when tested at 77EF for twenty (20) sec. will be a minimum of 60%. Flow: Material shall be tested in accordance to ASTM D-3407, Flow shall not exceed 3 mm. after 5 hours. Softening Point: Material shall have a minimum softening point 190EF (93.3 DC), ASTM D36. Tensile Strength Adhesion: Conduct test in accordance with ASTM D-3406, Section 4.7 Tensile Adhesion @ 77F; except that sealant specimens shall be cured 4 hours (not 7 days). Minimum extension is 500%. Ductility: A standard specimen shall be capable of being pulled a minimum of 30 cm at 1 cm/min at 39.2DF (4DC) (State of Utah Test). Force Ductility: The standard specimen shall not exceed a force of 4 pounds maximum during the specified elongation rate of 1 cm/min at 39.2DF (4DC). (State of Utah Test). Flexibility: A (1/8" x 1" x 6") specimen of the product conditioned to-16.6DF (-270C)for one hour shall be capable of being bent to a 90D angle over a 1 - 1/8 inch (28.6mm) mandrell in 2 seconds without cracking. (State of Utah Test). Viscosity: Material shall have a viscosity of 1700CP maximum at 300DF (148.9DC), as determined by the Brookfield viscosity test method, SC4-27 spindle, 20 rpm. Incubate the specimen in the sample chamber and thermosel unit for 15 minutes prior to conducting the test. Report the result as the average of three. Use readings taken at 15, 30, and 45 minutes. BID NO #8240093 Page 44 2 REVISION OF SECTION 408 JOINT AND CRACK SEALANT Delete Section 408.03 and Replace with the Following: Visible thermal cracking six (6) feet or more between cracks or as directed by the inspector shall be cleaned and sealed. Immediately prior to sealing the crack and surface area for a least six (6) inches on both sides of the cracks(s) shall be cleaned of foreign matter, vegetation, and loosened particles with a HCA (hot compressed air) heat lance. In the event that the hot air lance is not able to clean and preheat the crack without over heating the surface it will be necessary for the contractor to use other means to remove debris from the crack. Adequate cleaning is determined by a darkening of the surface at least two inches in width, centered on the crack. Where dirt is still being retained on the un-melted (un-darkened) surface, the darkened width may be expanded to match the sealant configuration or as directed by the inspector. The heat lance shall meet the following requirements: temperature of heated air at exit orifice minimum of 2,5001W. Velocity of existing heated air minimum of 1,800 fps. Direct flame dryers shall not be used. The band shall have a minimum thickness of 1/32 inch and a maximum thickness of 3/32 inch. A wipe zone flush with the pavement surface shall extend for a minimum of one-half (%") inch to a maximum of one (1) inch on either side of the band (see drawing Band-Aid Configuration page 38). The band shall be centered on the crack. Where traffic or construction activities may cause tracking or pull-out of the sealant material, the Contractor shall sand the sealant as it is placed, or as directed by the inspector. Only silica sand or approved materials will be allowed, and shoulder dirt or gravel will not be used. Sealant material picked up or pulled out shall be replaced at contractor expense. Any damage to the traveling public resulting from sealant application or sealant pull-out shall be paid for the Contractor. The contractor shall repair all damaged work areas to their original condition prior to construction. Damaged areas will be repaired prior to moving to the next section. Cleaning and Sealing shall extend across the full width of the bituminous surfacing including paved shoulders, or as directed by the Engineer. Sealing shall be done only when the cracks are clean, dry, and preheated and only upon inspection and approval of the Engineer. Equipment: Sealant placement shall use circulating hot oil heat transfer for heating the product (sealant machines). No direct heat transfer units (tar pots) shall be used. Maximum product tank capacity of sealant placement equipment shall not exceed 500 gallons. Alternate equipment shall be approved by the inspector. Temperature Control: Sealant manufacturer's instructions on application temperature shall be observed. The Contractor's sealant unit shall have available at all times, an operating ASTM 11-F thermometer with an intact mercury column or a certified, calibrated digital pyrometer, electronic thermometer, or equivalent direct reading temperature measurement device capable of reading within +-5_,F from 200..F to 600_,F. A log of product tank temperatures shall be recorded at one, +-10 minute intervals, and kept available for inspection by the Engineer. Project tank temperatures shall be taken with one of the certified calibrated devices described. Temperature gauge readings are not acceptable. Material that has been overheated in excess of 30°F above the manufacturer's recommended maximum temperature for one (1) hour, or 60°F for 2 hour, shall be wasted at the Contractor's expense. The Contractor will replace wasted material with only approved material of like kind and quality. The material shall not be placed if the temperature at the wand tip is below the manufacturer's recommended application temperature. BID NO #8240093 Page 45 3 REVISION OF SECTION 408 JOINT AND CRACK SEALANT Crack Fill Detail a Delete Section 408.05 and replace with the following: Crack Fill: This item in this contract includes all equipment, traffic control, signing and blotter material is to be bid and paid for by Unit Price per ton of filler; complete in place and ready for use. Crack sealing shall be measured by the ton of material used. The county will supply crack fill material for the job. The measured quantity shall include the blended mixture and dissolvable liner. The inspector at the contractor's expense may require the weighing of equipment for determination of actual quantities of material used. PAY ITEM PAY UNIT Crack Fill (Material Supplied by Weld County) TON END OF SECTION BID NO #8240093 Page 46 REVISION OF SECTION 409 SLURRY SEAL Slurry Seal Section 409 of the Standard Specifications is hereby revised for this project as follows: Asphalt Emulsion: The emulsified asphalt shall conform to the requirements listed below for type CQS-IhL except that the residual asphalt shall constitute at least 60% of the emulsion by weight. CQS-1hL CATIONIC QUICK SETTING EMULSIFIED ASPHALT WITH 3% LATEX POLYMER CQS-1hL shall be an emulsified blend of asphalt, water, styrene -butadiene rubber (SBR) latex and emulsifiers. The emulsion shall be pumpable and suitable for use in slurry seal mixing and spreading equipment and suitable for application through a distributor truck. The emulsion shall contain a minimum of three percent (3.0%) by weight of styrene -butadiene rubber (SBR) polymer solids based on weight of residual asphalt. The polymer shall be added as SBR latex by high shear mixing by co -milling or post -milling. The emulsified asphalt shall conform to the following requirements: Max. Test Method Tests on Emulsion: Viscosity, Saybolt Furol, 77°F, s Storage stability test, 24-h, %A Particle charge test Sieve test, %A DistillationB: Residue, % 20 positive 50 0.1 ASTM D88 ASTM D244 ( ' 82 to 88) ASTM 0244 ( ' 28 to 33) ASTM D244 (' 58 to 63) 60 ASTM D244 ( ' 11 to 15) Tests on residue from oven evaporation test (ASTM D244 ' 21 to 27)B: Penetration, 77°F, 100g, 5s 40 90 ASTM D5 Ductility, 77°F, 5 cm/min, cm 40 ASTM D113 Solubility in trichloroethylene, % 97.5 ASTM 02042 Elastic recovery, 77°F, 10cm, 1h, % 40 ASTM D6084 A. This test requirement on representative samples is waived if successful application of the material has been achieved in the field. B. Distillation to 500°F (D244 ' 11 to 15) shall be the reference method for percent distillate and percent residue. Residue by evaporation at 325°F (D244 ' 21 to 27) shall be the reference method to obtain material for tests on residue. Residue from distillation shall not be used for tests on residue due to polymer degradation at 500°F. Aggregate: RECOMMENDED SLURRY SEAL AGGREGATE SPECIFICATION The aggregate shall consist of natural or manufactured sand, slag, crusher fines, and others or a combination thereof. Smooth textured sand of less than 1.25% water absorption shall not exceed 50% of the total combined aggregate. The aggregate shall be clean and free from organic matter, other deleterious substances, and clay balls and shall meet the following requirements: BID NO #8240093 Page 47 2 REVISION OF SECTION 409 SLURRY SEAL Aggregate will be sampled per CP 30 (4.3.3.3 Sampling Tube) Materials finer than No. 200 sieve will be determined by washing. Sieve Size 3/8 No. 4 No. 8 No. 16 No. 30 No. 50 No. 100 No. 200 Percent Passing Stockpile Tolerance 100 90-100 65-90 45-70 30-50 18-30 10-21 5-15 +/-4% +/- 4% +/- 4% +/-4% +/-4% +/- 3% +/-2% Oversize granular material and/or presence of clay balls will require the project to be stopped. Screening through a #4 screen will be required prior to delivery to the slurry machine. If clay balls are present, the aggregate may not be used. Resistance to Degradation Soundness of Aggregate Sand Equivalent Value (ASTM C131) (ASTM C88) (ASTM D2419A) 25% maximum loss 15% maximum loss 60 minimum The reference method for preparation of the sample shall be as follows: The aggregate shall be oven dried at 140°F to a constant weight and allowed to cool to room temperature. Two percent (2.0%) of water based on weight of the aggregate shall be mixed with the aggregate and the aggregate -water mixture shall be sealed in a moisture proof and water proof container for a minimum of 24 hours. Complete using ASTM D2419 Procedure B. Mineral fillers such as Portland cement, limestone dust, lime, and fly ash shall be considered as part of the blended aggregate, and shall be used in the amount required. They shall meet the gradation requirements of AASHTO M17. Mineral fillers shall be used for one or more of the following reasons only: to improve the gradation of the aggregate; to control the time of break of the emulsion; to provide improved stability and workability of the slurry; or to increase the durability of the cured slurry. The total aggregate, including mineral filler, shall conform to the following gradation when tested by AASHTO T27. Mix Design General: Before work commences, the Contractor shall submit a mix design, signed and stamped by a Professional Engineer, covering the specific materials to be used on the project. This design shall be prepared by an independent laboratory qualified in slurry seal mix design and testing. Once the materials are selected, no substitution will be permitted unless first tested and approved by the laboratory preparing the mix design. Mix Design: The qualified laboratory shall develop the job mix design and present certified test results to the County Inspector. Compatibility of the aggregate and emulsion shall be verified by the mix design. All component materials used in the mix design shall representative of the material proposed by the Contractor for use on the project. AGGREGATE: Unit Weight of Aggregate from 0 to 5% moisture by Rodding Procedure (ASTM C29) Soundness of Aggregate (ASTM C88) - aggregate supplier report accepted Resistance to Degradation by Los Angeles Machine (ASTM C131) - aggregate supplier report accepted BID NO #B240093 Page 4B 3 REVISION OF SECTION 409 SLURRY SEAL Gradation of Aggregate, with Materials finer than No. 200 sieve by wash (ASTM C136 and ASTM C117) Sand Equivalent Value of Aggregate with 2% moisture content (ASTM D2419 modified) Determination of height of largest aggregate particle retained on #4 sieve EMULSION: Viscosity, SSF, 77°F, s (ASTM D5) Storage Stability Test, 24h, % (ASTM D244) Particle Charge Test (ASTM D244) Sieve Test, % (ASTM D244) Residue, % (ASTM D244) Polymer Content, % (Supplier Certification) Penetration of Residue, 77°F, 5s, 100g, dmm (ASTM D113) Ductility of Residue, 77°F, 5cm/min, cm (ASTM D113) Solubility of Residue in Trichloroethylene, % (ASTM D2042) Elastic Recovery of Residue, 77°F, 1 hr, 10cm, % (ASTM 06084) Specifications: The Owner shall review the design mix and all materials and methods prior to use. The component materials shall be within the following limits. Residual Asphalt 7.5% to 13.5% by dry weight of aggregate Mineral Filler Additive Water 0% to 3% by dry weight of aggregate As required to provide the specified properties As required to produce proper mix consistency Laboratory Testing: Sources of all materials shall be selected and identified by the Contractor. All materials shall be pretested by the Contractor, at his expense, by a qualified laboratory as to their suitability for use in slurry and conformance with project specifications. Laboratory Report: The laboratory report will show the results of tests performed on the individual materials, comparing their values to those required by this Specification. The report will provide the following information on the slurry seal mixture. Test Purpose Slurry Seal Consistency Excess Asphalt Wet Stripping Test Compatibility Quick Set Emulsion Wet Track Abrasion MethodSpec ISSA T106 2-3 cm ISSA T109 50 gms/sq ft. max. ISSA T114 Pass ISSA T115 *Pass ISSA T102 "Pass (6 day soak)ISSA T100 75 gms/sq ft. max. Mixing tests must pass at the maximum expected air temperature. Using job aggregate BID NO #B240093 Page 49 4 REVISION OF SECTION 409 SLURRY SEAL The laboratory shall further report the quantitative effects of moisture content on the unit weight of the aggregate (bulking effect). The laboratory report must clearly show the proportions of aggregate, mineral filler (min. and max.), water (min. and max.), additive(s) (usage), and asphalt based on the dry aggregate weight. A complete laboratory analysis and test report accompanied by abraded and unabraded slurry test samples shall be submitted by the Contractor a minimum of 2 weeks prior to use. The County Inspector shall be allowed to observe all testing. The County Inspector will perform testing on materials and mix design proposed for the project. This testing will be at the County's expense. The Contractor shall supply material samples as needed at no expense to the County. In addition to the tests shown above, the Owner shall use Schulze -Breuer -Ruck compatibility, methylene blue, cohesion, loaded wheel, and other tests it deems necessary to verify the quality of the slurry and its components. BID NO #0240093 Page 50 5 REVISION OF SECTION 409 SLURRY SEAL Section 409.05 of the Standard Specifications is hereby revised for this project as follows: Equipment: All equipment, tools, and machines used in the performance of this work shall be maintained in satisfactory working order at all times. Any equipment found to be defective and potentially affecting the quality of the paving shall be replaced. Slurry Mixing Equipment: The slurry mixing machine shall be a double shafted continuous flow mixing unit, capable of delivering accurate pre- determined proportions of aggregate, water, and asphalt emulsion to a revolving spiraled multi blade mixer tank, and of discharging the thoroughly mixed product on a continuous basis. The aggregate shall be pre -wetted immediately prior to mixing with the emulsion. The mixing wit shall be capable of thoroughly blending all ingredients together without violent action. The mixing machine shall be equipped with suitable means of accurately metering each individual material being fed into the mixer. The units shall be equipped with approved devices so that the machine can be accurately calibrated and the quantities of materials used during any one period estimated. The mixing machine shall be equipped with a water pressure system capable of misting all the tires where they contact the pavement. The system is to be activated when ambient temperatures are over 90E F or when directed by the Engineer. A fog type spray bar adequate for completely fogging the surface with up to 0.05 to 0.10 gallons per square yard (depending on conditions and as directed by the Engineer), immediately ahead of the spreading equipment. The machine shall be capable of mixing materials at preset proportions regardless of the speed of the machine engine, and without changing machine settings. Slurry Spreading Equipment: The surfacing mixture shall be spread uniformly by means of a mechanical type spreader box attached to the mixer, equipped with paddles to agitate and spread the materials throughout the box. A front seal shall be provided to insure no loss of the mixture at the road contact point. The rear seal shall act as final strike off and shall be adjustable. The mixture shall be spread to fill cracks and minor surface irregularities and leave a uniform skid resistant application of material on the surface. The spreader box and rear strike off shall be so designated and operated that a uniform consistency is achieved to produce a free flow of material to the rear strike off. The longitudinal joint where two passes join shall be neat appearing, uniform, and lapped. All excess material shall be removed from the job site prior to opening the road. The spreader box shall have suitable means provided to side shift the box to compensate for variations in pavement width, longitudinal alignment, and pavement geometry. Proportioning Devices: Individual volume or weight controls for proportioning each material to be added to the mix, i.e., aggregate, mineral filler, emulsified asphalt, and water shall be provided and properly marked. These proportioning devices are usually revolution counters, gate valves, or similar devices and are used in material calibration and determining the materials output at any time. Joints: Longitudinal joint overlap shall not exceed six inches over the previously placed slurry unless approved by County Inspector. Only burlap overlap drags will be permitted. Other types of drags will be permitted only with consent of the County Inspector. When burlap drags are used, they must be kept relatively clean, free of excessive build up, tears, and replaced a minimum of twice daily or at the discretion of the County Inspector. Quality Control: The Contractor will assist the County Inspector in taking samples of the aggregate and asphalt emulsion used in the project at the Project Managers discretion. Gradation and sand equivalent tests may be run on the aggregate and residual asphalt content tests on the emulsion. Test results will be compared to specifications. Initial tests will be run at the expense of the County. BID NO #B240093 Page 51 6 REVISION OF SECTION 409 SLURRY SEAL Slurry Seal: Samples of the material may be taken directly from the mixing unit(s). Consistency and residual asphalt content tests may be made on the samples and compared to the specifications. Initial tests will be run at the expense of the Owner. The County Inspector may use the recorders and measuring facilities of the unit to determine application rates, asphalt emulsion content, mineral filler, and additive. Hand Work: Approved methods shall be agreed upon at pre -construction meeting for hand work. Lutes and squeegees shall be used to spread slurry in areas not accessible to the slurry mixer. Care shall be exercised to leave a pleasing appearance. Noncompliance: If any two successive tests fail on the stockpile material, the job shall be stopped. If any two successive tests on the mix from the same machine fail, the use of the machine shall be suspended. It will be the responsibility of the Contractor, at his own expense, to prove to the County Inspector that the problems have been corrected and that the machine is working properly. Finish: No streaks, such as those caused by oversized aggregate, will be left in the finished surface. No ripples or chatter marks will be allowed. If these conditions develop, the job will be stopped until the Contractor proves to the County Inspector that the situation has been corrected. After the lay -down work is completed and before final acceptance by the County Inspector: spot application of slurry seal material may be required to correct any deficiencies such as streaking. Scuff marks, tire tracks, gaps, etc. to improve the ride quality and overall appearance. Slurry seal material required to repair deficiencies due to unsatisfactory workmanship shall not be paid for but shall be placed entirely at the Contractors expense. Section 409.04 of the Standard Specifications is hereby revised for this project as follows: No product shall be applied: When there is any danger the finished product will freeze before it cures completely. In the period following a rain while puddles of water remain on the surface to be coated. Slurries that cure by evaporation shall not be laid during periods of abnormally high humidity, or when rain may fall within four (4) hours. Slurries shall not be laid during periods of high humidity above 45%. Ambient temperature should be 50°F and rising, pavement surface temperature should be 65°F and rising. BID NO #0240093 Page 52 REVISION OF SECTION 409 SLURRY SEAL Section 409.07 of the Standard Specifications is hereby revised for this project as follows: Aoplving Slurry Seal: Daily reports shall be furnished by the Contractor to be used as a check for application rates and composition of the slurry mix. The amount of asphalt emulsion to be blended with the aggregate shall be determined in the laboratory, subject to final adjustment in the field to allow for absorption by the existing surface. The amount of water added must be controlled accurately to insure production of a readily spreadable, yet completely stable slurry. Proper water content shall be determined by an appropriate consistency test on freshly made slurry using T-106 procedures. The slurry shall be a homogenous mixture, sufficiently stable during the entire mixing - spreading period that the emulsion does not break; that there is no segregation of fines from the coarser aggregate and the liquid portion of the mix does not float to the surface. Total time of mixing, from introduction of emulsion to spreading shall be 2 minutes or less. The weight of dry aggregate applied per unit area shall be 18 lbs./Sq. Yd. The Contractor shall place a test strip of 60 square yards in the area designated by the County Inspector. The test section shall be placed using the same equipment and methods to be used on the job. Slurry mixtures placed in test strips shall conform to design mix with minor variations to obtain crack fillings bond to pavement, and desired skid resistant texture. In the event materials do not meet the requirements for fluidity, non -segregation, or surface texture, a new job mix shall be formulated and tested. Work shall not proceed before approval of a design mix and acceptance following the placing of a test strip. Proportions of the material components to be used will be identified in the mix design. Minimum application rates are: Dry Aggregate Spread Rate Mineral Filler' Asphalt Emulsion' 'by dry weight of aggregate = 18 lbs./Sq.Yd. =0-1.00% = 8.0% Application rates will be set to match the approved mix design. The range of acceptable application rates will be set to within plus or minus 1 pound of the application rates above. If daily checks indicate that the average application rates were below the minimum application rates, the final payment for individual roads will be reduced as shown below: Amount Below Minimum Application Rate, Percent Reduction in Final Aggregate, Emulsion Payment for Aggregate, Emulsion or Mineral Filler or Mineral Filler 1-3% 3-5% 5-7% 7-10% 10%+ 10% 15% 20% To be negotiated No pay The Owner will continually be checking quantities. The Contractor is encouraged to also check quantities with run sheets to avoid the penalties described above. Responsibility for ensuring proper spread rates and material proportions is solely the Contractors. The Contractor will be required to test sections on each project or sections where surface conditions change, in order to determine the appropriate rates and to calibrate equipment. The testing will be done at the direction of the Engineer. BID NO #8240093 Page 53 8 REVISION OF SECTION 409 SLURRY SEAL Section 409.09 of the Standard Specifications is hereby revised for this project as follows: The accepted quantities of slurry seal will be paid for at the contract price per square yard PAY ITEM Slurry Seal END OF SECTION PAY UNIT Square Yard BID NO #B240093 Page 54 REVISION OF SECTION 627 PAVEMENT MARKINGS Section 627.10 of the Standard Specifications is to include the following: Temporary pavement markings will be placed by contractor. The 4" wide by 12" long retro reflective adhesive tape will be placed at 75' intervals at the measured center of the roadway. Temporary marking tape is required prior to leaving job each day when existing pavement markings have been covered entirely or even partially. Under no circumstances will a road be left overnight without centerline delineation. Payment will not be made separately but shall be subsidiary to item 409 Slurry Seal. BID NO #B240093 Page 55 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Subsection 630.10 shall be revised to include: Traffic control through the construction areas is the responsibility of the Contractor. For all locations, a Traffic Control Plan shall be prepared. The Traffic Control Plans shall be submitted for approval to the Engineer by 8:00 a.m., two working days prior to the commencement of work. (Note: Traffic Control Plans for work done on Monday and Tuesday shall be submitted the previous Friday by 8:00 a.m.) Full road closure is prohibited. All plans shall be delivered to County Engineering, 1111 H Street. Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Traffic Control Plan has been approved. Failure to have an approved Traffic Control Plan shall constitute cause for the County to stop work, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. All costs associated with Traffic Control Plan review will not be measured or paid for separately, but shall be considered incidental to the Work. The Traffic Control Plan shall include, as a minimum, the following: (1) A diagram which shows proposed locations of sign placement, including advance construction signs (if not previously approved) and speed limit signs; method, length and time duration for lane closures, and location of flag persons. (2) A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to: construction signs; vertical panel; vertical panel with light; Type I, Type II, and Type III barricades; cones; drum channelizing devices; advance warning flashing or sequencing arrow panel. Certain traffic control devices may be used for more than one operation or phase. However, all devices required for any particular phase must be detailed and tabulated for each phase. (3) Number of flaggers to be used. (4) Parking Restrictions to be in effect (Subdivision work and Parking Lots) Subsection 630.11 shall be revised as follows: Traffic Control Management shall be performed by a Traffic Control Supervisor (TCS). The TCS(s) shall possess a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control Supervisor or Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor. (Proof of certification shall be presented to the county when requested by a county representative, for each TCS utilized on this project.) One TCS shall be designated as the Head ICS. The Head TCS shall have a minimum of one year experience as a certified TCS. Qualifications shall be submitted to the Engineer for approval a minimum of one week prior to commencement of the work. It is the intent of the specifications that the Head TCS be the same throughout the project. If the Head TCS is to be replaced during the project, the Engineer shall be given a minimum of one (1) weeks notice and qualifications shall be submitted for approval for the replacement. The TCS will not paid separately but shall be included in bid unit cost for traffic control. The TCS's duties shall include, but not be limited to: (1) Preparing, revising and submitting Traffic Control Plans as required. (Review fees will not be measured or paid for separately, but shall be considered incidental to the Work.) (2) Direct supervision of project flaggers. (3) Coordinating all traffic control related operations, including those of the Subcontractors and suppliers. BID NO #8240093 Page 56 2 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL (4) Coordinating project activities with appropriate police and fire control agencies, Transport, school districts and other affected agencies and parties prior to construction. Typed hand delivered notification to all businesses and residents at least 24 hours prior to construction. (The notification of residents and businesses may be accomplished by a representative of the TCS.) (5) Maintaining a project traffic control diary which shall become part of the County's project records. (6) Inspecting traffic control devices on every calendar day for the duration of the project. (7) Insuring that traffic control devices are functioning as required. (8) Overseeing all requirements covered by the plans and specifications which contribute to the convenience, safety and orderly movement of traffic. (9) Flagging. (10) Setting up traffic control devices. Traffic control management shall be maintained on a 24 hour per day basis if necessary. The Contractor shall make arrangements so that the Traffic Control Supervisor or their approved representative will be available on every working day, "on call" at all times and available upon the Engineer's request at other than normal working hours. All costs associated with "on call" service, excluding actual hours worked, shall be included in the contract unit price for Traffic Control. Subdivisions and Parking Lots Only: Notification of residents and businesses shall be the responsibility of the TCS or Contractor and shall consist of distributing letters indicating the nature of the work to be completed, any special instructions to the residents (i.e. limits on lawn watering during and prior to sealing operations, etc.), the dates and times of the work, and the parking and access restrictions that will apply. Letters shall be submitted with the Traffic Control Plans for approval. Approved letters shall be distributed a minimum of 24 hours prior to the commencement of work. The cost for preparing and distributing the letters shall be included in the bid unit cost for traffic control. BID NO #8240093 Page 57 3 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630.14 of the Standard Specifications is hereby revised for this project as follows: The Contractor shall install, move and maintain signs that shall be in compliance with the Manual on Uniform Traffic Control Devices. The Contractor shall also provide certified flaggers for the possible need to control local traffic during construction. See signing diagram. Slurry Seal The Contractor shall also provide certified flaggers and a pilot car. For slurry sealing, a signing drawing with instructions is provided on the following pages. The pilot car will be used to guide traffic, at low speeds, between flag men, and around the construction area. If the sign, cones, or flag pylons are not present, the Engineer or inspector may stop construction and all equipment will be removed from the roadway until signs or cones are placed. See signing diagram. NOTE: There are several project locations that will require multiple passes with the slurry machine. It will be necessary to use special considerations for traffic control because of the wider section being sealed. The cost for traffic control at these locations will be included in the bid item for traffic control. Traffic holding times shall be less than 5 minutes unless prior approval is given by inspector. Section 630.18 of the Standard Specifications is hereby revised for this project as follows: Accepted quantities of signing and traffic control for slurry seal will be paid for by total miles. Accepted quantities of signing and traffic control for sand seal will be paid for at each location. Accepted quantities of traffic control for CDOT intersections will be paid for at each location. PAY ITEM PAY UNIT Signing and Traffic Control (Slurry Seal) Signing and Traffic Control (Crack Seal) Signing and Traffic Control (CDOT Intersections) END OF SECTION MILE MILE EACH BID NO #B240093 Page58 REVISION OF SECTION 712.01 WATER Section 712.01 of the Standard Specifications is hereby revised for this project as follows: Water used in construction shall be obtained and paid for by the Contractor with the cost incorporated in the unit price bid. All water used for construction shall be potable. END OF SECTION BID NO #B240093 Page 59 FORCE ACCOUNT ITEMS DESCRIPTION This special provision contains the County's estimate for force account items included in the Contract. The estimate amounts marked with an asterisk will be added to the total bid to determine the amount of the performance and payments bonds. Force Account work shall be performed as directed by the Engineer. BASIS OF PAYMENT Payment will be made in accordance with subsection 109.04. Payment will constitute full compensation for all work necessary to complete the item. Force account work valued at $5,000 or less, that must be performed by a licensed journeyman in order to comply with federal, state, or local codes, may be paid for after receipt of an itemized statement endorsed by the Contractor. Force Account Item Estimated Quantity Amount F/A Minor Contract Revisions F/A $5,000 F/A Minor Contract Revisions — This work consists of minor work authorized and approved by the Engineer, which is not included in the contract drawings or specifications, and is necessary to accomplish the scope of work for this contract. END OF SECTION BID NO #B240093 Page 60 APPENDIX VICINITY MAP & DETAILS: Estimated Quantities 73-74 Project location Maps 75-81 BID NO #B240093 Page 61 Weld Court 11 Slurry Seal 2024 • 011 AS NI . t.U' 0tI 1 .ur;h 4.60S 41 1 l )1*A L % I't1H 410AIk I,: •,„I IS, !12 \In • • . t,, .,- •I .;.t ;P ; 647? no Mfl7 54.997.00 • 1 , _ Felton Da w MEADOW LARK RO Meadow Lilt RD n 10 35 EAGLE OR CLOSC 25 25 3555 3111 0.67 O 62 I 9113 9,114 Dew CSR MEADOW LARK RD wren ON FALCON RD MEADOW LARK RD aQ'SC CLOSE f 25 1 1629 25 25 I 1 0.31 317 ! 0 07 424 0.01 4,525 1,075 1,171 Pheasant C1R Cl DSC MEADOW LARK A 0 1 25 I 425 0.01 i 41 f _ 1,1111 26,947 I_Peron stns,Sub Eitnbtt11 ST Clara Lee ST 10 CLOSE CLARA LEE ST 37 24 1 2120 1 0.4O 1 tRI 24 2370 045 41s 441 52741 4711 41421 13►u3 Anne PL Why Ltd 'Betty PL RUE Of TRUST RUE DE TRUST RUf OE TRUST 8evw'ty LN I RUE OE TRUST Edit PL Cathy LN RUE DE TRUST RUE DE TRUST Q.05C QDSC a DSC COW Q Dsc 24 823 24 193 24 si19 I4 902 24 118 24 825 c 0.16 017 0.171 0.17J O 15 a16 44 25 t 35 35 35 44 517 1126 517 517 2.911 2.991 517 3,027 517 2,103 117 1 2131 Barbara OR Dots CiR aosc 12 CLOSC 1 12 24 136 24 137 0 03 0 031 I &rime CFR CLOSC 12 24 119 O 02 Della CT Sandy ClR Gemini CT Rue De Tna1 CLOSC 1 12 CtDSC i 12 CLOWC 1 12 3 I S 1 I I 21 24 24 24 I S -1S5 I 1 04 124 120 118 • 0 02 002 0.02 [ 2I I • 517 950 S 517 952 5117 904 517•, 911 tT 902 I r 14,6271 374111 On it Medea VS Yawgprnary n R *Yana OR PEARL HK]WLETT RO MONTGOMERY OR PEARL HOWLfTT RD J 17 ELMER U►IN OR 37 3038 1199 0.51 021 12,490 4,929 Victor OR BRYANT 0R I PEARL ►QWIETT RD 17 794 0.15 3,211 Elmer Linn DR Pleasant ►111 RO 5S 24, 5 FPEARL HOWL ITT RO PEARL HO'WLETT RD 36 47 1912 1437 0.M6 0271 I 7,641 BEASLY R0 Pearl Hoririett RO Pt EASAMT HILL RD I PEARL HOWLETT RD MOFNTGOMERY OR 5.5 .37 36 1 1107 20➢6 0.401 1001 4t551� 9315 Cereal DR 37 1181 1 0.22 1 4,1 55 PEARL HOWVLETT RD PEARL HCA ETT RD N SEASLY RO PEARL HHOWIETT Ra I PEARL ► OWLETT RD 37 n 3 l 0.41 1%413 Ashton RD CENTER OR 26 37 1254 0.24 Rivet View RD CENTER DR I6 37 932 0.11 1 I DLJASANT VIEW RIDGE ASHTON RD N SEASLY R0 17 2346 0 441 3.761 Pettis Or TOTALS !R SUS: r,441tIt, TnT.US RIM lit I 3.3 UM Ave I rail osn.00j a 1A eanot al' 1 tr1aa.; 1 nm l 510,00{ a t it 0.15 Sod T to Tel tiff Ito 5,155 3.1121 9.6.51 1 I moil May j BID NO #B240093 Page 62 Weld County Crack Fill 2024 LOCATION Miles Tons 41 8-SH52 2.5 2.5 46.5 19 -Milliken CL 0.75 1 20 19-23 2 2 87 US34-46 2.7 3 39 66-72 3 3 50 59-61 1 1 43 SH392-74 3 3 68 63.5 -End of pavement 3.9 4 39 28-44 4 8 8 58 WCPW (49)-53 2.5 2.5 59 388-SH392 5.5 5.5 Total(s ): 34.85 35.5 BID NO #B240093 Page 63 2024 Slurry Seal and Crack Fill Locations 441. - cyst M eft v�o Firesbane Redekt S tlud M Weld WCR 68 l J Keenestium Propett Valley 'F -I, BID NO. B2400093 Page 64 BUFFALO RIDGE ESTATES N Page: 7 cVE -611191.E N‘% A VI/ BUFFALO RIDGE ESTATES RODE MARTIN BROTHERS Rai 49 BID NO. B2400093 Page 65 ELMS AT MEADOW VALE A Page: 17 I ELMS AT \ MEADOW VALE MEADOW VALE FARM • 41. rLue*m vI MARL NoILETr ROAD 1 J m ra / L 1 I 4 BID NO #B240093 Page 66 GEISERT N Page: 23 BID NO #B240093 Page 67 HUNT WEDEMAN Page:31 HUNT WEDEMAN CR44 .07 BID NO #B240093 Page 68 PARKLAND ESTATES Page: 52 it 44sast -ft mu n�"" RANCH I 1 sri,n _ f PARKLAND ESTATES 1 r r 1 ; IRK RE Tinier c es 42 . BID NO #B240093 Page 69 i WU' I ' s[I /eilo/ssim1memeessesstea liestemst�l emiestassemsesR#fineseses11esmi% BID NO #B240093 i Page 70 Exhibit B BID SCHEDULE 2024 Slurry Seal Contract item Num. r Desolation, Unit I Est. Quantity Unit Price Contract Bid 408 Place Rubberized Crack Filler (Weld County to supply material) TON 35.5 $3,800.00 $134,900.00 409 Slurry Seal SY 224,662 $3.13 $703,192.06 630 Signing and Traffic Control (Slurry Seal and Crack Seal MILE 46 $725.00 $33,350.00 630 MHT and Traffic Control for Cdot intersections EACH 6 $1,000.00 $6,000.00 700 F/A Minor Contract Revisions F/A 1 $10,000.00 $10,000.00 Total: $887,442.06 * The successful vendor is required to sign a separate contract (a sample contract is included as a separate attachment.) BID NO. 52400093 Page -13 - RECEIPT OF ADDENDA 4 I 1 The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. N/A Addendum No. Date: By: r Date: By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for bid for Request No. #62400093 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 proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. FIRM Vance Brothers, Inc BUSINESS ADDRESS 380 West 62nd Avenue BY Chris Lee (Please print) DATE 06/12/2024 CITY, STATE, ZIP CODE Denver, CO 80216 TELEPHONE NO (3 SIGNATURE FAX (303) 341-2036 TAX ID # 44-0577983 E-MAIL clee@vancebrothers.com WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. BID NO. B2400093 Page -14 - BID BOND PROJECTS: Slurry Seal contract 2024 Liberty Mutual Insurance Cnpany KNOW ALL MEN BY THESE PRESENTS, that Vance Brothers, Inc. as Principal, and as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the °Owner") in the penal sum of FIVE t5%I PERCENT OF TOTAL AMOUNT BIO Dollars ($ 5% of amount bid;_,), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated JUNE 12 , 2024 for the PROJECTS: Slurry Seal Contract as set out in the accompanying Bid. WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform. NOW THEREFORE, if the principal shall, within the period specified therefore: A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B. Withdraw said Bid within the time specified, or C. Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this 12th day of June 2024 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing board. Principal Vance Brothers, Inc. Address 380 W. 62nd Avenue ATTEST: By. 11A4,1.1 t elJJ Hance , 5e.ere+arj Surety Witness By: By: Surety L =rty Mutual Insurance Company 175 Berkeley Street, Boston MA 02,116 Address By:t';1. Linda L. Nutt, AttornB7-in-Fact BID NO. B2400093 Page -15 - INSTRUCTIONS The full firm name and residence of each individual party to the bond must be inserted in the first paragraph. If the principal is a partnership, the full name of all partners must be inserted in the first paragraph which must recite that they are partners composing the partnership (to be named), and all partners must execute the bond as individuals. The state of incorporation of each corporate party to the bond must be inserted in the first paragraph and the bond must be executed under the corporate seal of said party attested by its secretary or other authorized officer. Power of Attorney must accompany this bond when signed by other than an officer of either the principal or surety. A standard printed bond form may be used in lieu of the foregoing form provided that the security stipulations protecting the Owner are not in any way reduced by use of such standard printed bond form. BID NO. B2400093 Page -16 - Liberty Mutual. SURETY TMs Poser of Attorney Smith the acts of those named stein, and they haw no enneaRy to bend the Company except In the manner and bete extent hereon stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: Thal The Ohio Casualty ksuraoee Company e a cepo.,' duly ergah¢ed under the bra el are Stated New Ntelesbac. that Used./ %d d Mine trace Canpany a a corporation duty rxpancted under the Scant the State or MamsadWaatb, and West Abeam trmhranoe Cenpany a a €apea en day mperraed bends the laws d'the State of Indan t (hem cob.* canted the -Campenes)triad to and by aMhorty heron set fort does hereby Wane, combat) at appoint Linda 1, an d the cityd Kansas City stale or MI b. and lantul atonreyintad *AU full power and au0orty hereby cordoned to son. meta end adrant * the fobs, surety boat Praae. Amur Vence hrWars, abugee ewe: Weld Couaate Surety Band barber Old Bond Bend Amount See Sono Form IN INITNEsS WHEREOF, Pas Power d Attorney Des been ...by an autnoned dicer or Obeid Compares and /a cape. stab d...ge nee (hare been acAm the. em 12th day or June 2024 Liberty hfdml Insurance Canpary The Oho Cassidy Ieuraha Carta n West Amerman Insurance Connolly 4 David At Carey Assailant Secretary STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On are 12th day d June 2024. bebm cis personally append Daurd M. Ca, etc utcaet b t Mar. b be are Assistant Seoetery oft tasty Mubal trowarxc Tarpary. The Oho Casualty Company. and West Amer©n Ineuahco Can4any. and that he. as sudr. bang antharzed so to der. execute the brepomg raiment for the pu cots Memo contained by son np an behat of the corporabans by honest as a duly authorized Aces IN WITNESS WHEREOF, 'have hereunto subsadted my name and steed my missal seal at Pyr nouth Meetoy Prasoy$eama, on be day and sear fast above wrndvn Commm.csth of Pe+rs 7,14 - l�gry Seal rreea t:aaar� hrdary r'vbbc 61r aradLon naales 2e. 2075 carynst4e tuft* Mb. Member Pennsymnia Ammo. or Mann We Water d Mornay a made and executed pursuant b and by authority of the * to IN -tees ad Donenzattem d tta Oho Casudy tnaeecae Company. Lberty Mubal harrame Carps,. and West Amman Immure Caroms/ Oath resoltiorns are now In keel Enm and eyed nxadrg as beowa ARTICLE N - OFFICERS: Seder t2 Poser or Attorney Any often or other dbant of the Capaa sc autnecer tor that purpose m smthrg by the Channann or the Phesde nt. and Sublet b such imtabon as the ChaRmen or the President may p etatee, drat ...such alnmeys el -Fed as maybe neon, b ad n bath& of the OsporaRn b make eaec.e seat. adunoeledge and delve as surely any and d uadertekxes tends. riscronvanats and otna nnenty ablpabae Srdn atonaysevise1. eased b the Inetabona eel forth in thew nayaoae parer) at assent/, eve nave MI power to and the Coporetion by thaw shgnaue and esondon d arty such averments and to eta. thereto the seal et the Coombs, When so beaded, sect cananeds ball be as befog g as d sand by the Pnoadent and attested b by the Senelery Any poser or atesad, granted to any reptem ntan e a atteeneysvtact seder are prooeaabs of the arbd c maybe revdhed at any bare by the Board. the Chariton, the Prescient err by theater or dhows granting such poser or artnnty ARTICLE Jttt - Execution et Contracts: Section 5. Surely Sonde and Undertakings AnY caned ate Company odhersted for fat pupae n wetting by the daaimban a the testate mud atblect to such bib.. m the duo.. or the pr... may Pros., strelt spoon curate atbten, m{act as Tray be necessary b ed in behalf d the Company to make. execute. seat, adnawledge and debar a scaly arty and see en deh181m Qs, bands. retogn®naaa and other suety obagatero Snrda aaomeyscrtad. sun nao to the ins ahem set teeth an tree mamma powers of athatey, salt have full poaeer to bind are Conpary by tats sgnehae and exeorean of any audn instruments and b attach thereto the seal d The Company When so exsnded suds aaktments salt be as bi ndnp as it screed by the tad ad attested by the seoehry Certificate of Designation - The Phasdahl of the Conan,. Wing pursuant to the Bybee d the Catperry, outioms peat N Carey, Assistant Stotts/ to appaartaudl name, intact es may be necessary to ad on behalf of tta Company b metre, exeorte seal. ...tear and delver as sun" any and at undertakergs bonds. recognlzahoes ad other surely one born Authorization - By uooccne consent d the Coaoays Road d Deedas. to Cernasny cements that tacamikr a maiunia%y repotted signature deny asserari watt ry d the Carpary. wherever r.earre upon a tsrtfed copy d any poser of attorney issued 0/ the tkahpany in connection with suety bonds. soh be veld and basliro upon the Caapary aP Me same Imo and teed as MO needy annoy I. Renee C ldaasy, the u ndenged. Assets o Saaeiary. of Liberty Mutual Insurance Company, The Ohio Casualty ImUane Cautery. and West Anencen insurance Co nyay do hereby amity that the power d attorney aaaooed by said Connperves e n hat face and effect and has not been revoked IN TESTIMONY WHEREOF, I have hewers set my hand ad affixed the skid said Convenes has 12th day of June Teresa Pasteta. Notary Pubic 2024 fry C. Waedyh, Assistant aeaelly Fain W-9 (Rev.October 2216} 0alartm2t of the Treasury Intend Ramie Sevinc Request for Taxpayer Identification Number and Certification ► Go to www.iragov/Far . for Instructions end the latest information. Give Form to the requester. Do not end to the IRS. it y F S [ c ... aa�°= iis i 1 Name (as shown on your income tax return, Nerve b req... n this fine, do not leave this ...are. Vance Brothers, Inc 2 Business name/disregarded entity name, if different from above 9 Medt epprnpriau bat for fed. tax dassification of the person whose name is entered on that. Check following seven boxes. ❑ hdlividueVsoie poplebr or 0 C Corporation 0 S Corporation 0 Parthership slim m°m*er MC 0 Limited tiabitity company. Enter the tax dnssification (C=C a:ovation, S=S cavoration. P= artrw Notts; Check the appropriate box in the the above for the tax clasetecabon of the single-manber owner. LLC r the LLC is clarified as a single -member LLC that is disregarded from the owner unities the another LLC that is not disregarded from the owner for U.S. federal tax purposes. Othrewiae, a ab...ey ososoxdod harts the owner shot. duck are appropriate boot for the tax tasiareatioo of its amw. ❑ othot coca tnsin,cfk ne) ► .y one of the 0 Tr to bial e 4 Exemptions certain entities, instructions Exempt rives code NI any, /hip.b®....�_ra.tr... Icon. apply ..Y to not hid.... see on peps 3): rode id e+y> from FATCA reporting Do no check...motion owns of the Ile le os LLC that U. 5 Adrims (number, street. and apt or suite nert s turn. 5201 Brighton Requester's name and address (opteon.R 8 City, state, and EP code Kansas City, MO 64130-0107 7 List account number(s) hero (optional) Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. The TIN provided must match the name given on the 1 to avoid backup withhokfing. For Inc.vidtsls, this is generally your social security number (SSN. However, for a resident alien, sole proprietor. or disregarded entity, see the inst uct °. for Part I, tater. For other entities, it is your employer Identification number (EIN). If you do not have a number, see How to get a TIN, tater. Note: If the account is in more than one name, see the Instructions for line I. Also see What Name and Number To Give the Retuuesterfor gtadetnes on whose number to enter. ® Certification Under penalties of perjury, I certify that 1. The number shown on this form is my correct taxpayer identification number (or 1 am waiting fora number to be Issued to me); and 2. I am riot subject to backup withholding .cause: (a)1 am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service ORS) that I em subject to baclmp withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has noSfod me that 1 am no longer sublet to backup withholding; and 3. I am a U.S. citizen or ofhne U.S. person (defined below); and 4. The FATCA code(s) entered on toots form fit any) indicating that I am exempt from FATCA reporting is caret. Codlicobon inetructions. You meet cross out item 2 above If you have oeen notified by the IRS that you are currently subject to backup witfdhotding because you have feted to report at interest and dividends on your tax tone t. For met estate t inSadicfx Rem 2 does not apply. Fox mortgage nef.St paid, acquisition or abandonment of secured property, cancellation of debt, contnbuaons b en individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the insbtxtMns for Pert N, later. Social security number I 1 I m-ri Employer identification number 4 4 01+171+13 Sign Sierra of Here u.s parson► General Instructions Section refivences are m the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its inotfuctions, such as legislation enacted after they were published, go to www.irs.gav/Fom4V9. Purpose of Form An individual or entity (Form W-9 requester) who is required to Sean antormafion return with the IRS moat obtain your correct taxpayer Identification number (T1N) which maybe your social security number (SSN), individual taxpayer identification number (0T1N), adoption taxpayer identification number (ATIN), or employeridentibcation number (EIN), to report on an ktfote ation return the amount paid to you, or other amount reportable on an information return. Examples of information rattans include, but are not Ii.ted to, the fouowing_ • Form 1099-INT (etterest lamed or paid) Date► • Form 1099 -ON (dividends, including those iron stocks or mutual funds) • Form 1099-MISC (miters types of 'acorns, prates. awards, or groin proceeds) • Form 1099-9 (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from reel estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage Interest), 1098-E (student loan interet), 1098-T (tinter) • Form 1099-0 (canceled debt) • Fee 1099-A (acquisition or abandonment of secured property) Use Fonts W-9 onty if you area U.S. person (including a resident alien), to provide your correct TIN. If you do not return Farm W-9 to the requester writ, a TIN, you might be subject to backup withholdrrg- See What is backup withholding, !afar. cat No. 1!32917( Fain W-9 (Rev. 1.2e/d) STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: 06/12/2024 All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable, responsible and qualified bidder as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. 1. Name of Bidder (Company or Firm): Vance Brothers, Inc 2. Permanent main office address: 380 West 62nd Avenue Denver, CO 80216 Phone Number. (303) 341-2604 Fax Number: (303) 341-2036 3. Year Company was organized: 1 281/ 188 4. Number of years this Company has been engaged similar construction: 66 years Under what firm, company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work? 5. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: see attached 6. List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. N/A 7. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. N/A BID NO. B2400093 Page -18 - 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. N/A 9. List all contracts within the last 3 years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. NIA 10. Has any owner, as party to any of the Company's contracts within the last 3 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc., or attempted to have the performance bond invoked? If yes, explain in detail. N/A 11. Describe all contracts that the Company failed to complete. N/A 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. N/A 13. List all or a maximum of three (3) of the most recent projects, similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction at the present time. List the project name, location, project superintendent, owner's representative and phone number, date completed and contract amount for each project. Project Name: Town of Castle Rock 2023 Slurry Seal Project Location: Castle Rock Owner's Representative: Frank Castillo Supt Phone: (720) 733-2468 BID NO. B2400093 Page -19 - Completion Date: Contract Amount $1,254,270.34 Project Name: Denver 2023 Citywide Chip Seal & Cradcseal Location: Denver Supt Owner's Representative: Lindsey Chieduko Phone: (303) 961-7644 Completion Date: Contract Amount $5,037,199.73 Project Name: Parker 2023 Townwide Chip -Slurry Seal Program Location: Pa tier Owners Representative: John Mounier Completion Date: Supt: Phone: (303) 805-3216 Contrail Amount $2,202,765.03 14. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractors work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15% OR MORE OF THE WORK. SUBCONTRACTOR Metro Traffic Solutions WORK DESCRIPTION % OF WORK Traffic Control 5% 15. List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc. NAME Heath Russo Oscar Cortes YRS. PERTINENT TITLE EXPERIENCE Project Manager/Estimator 23 Foreman 18 16. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. N/A BID NO. 82400093 Page - 20 - The undersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this 12th day of June Bidder: Vance Brothers, Inc By: Name: Chris L (Please Type) Title: Vice President NOTARY 2024. County of Adams ) ss. State of Colorado Chris Lee deposes and says that he is Vice President (Title) Yana) BRithera, Inc being duly sworn, of, and that the answers to the foregoing questions (Company Name) and all statements therein contained are true and correct. Subscribed and sworn before me this June 12th day of. 2024. (SEAL) 12/07/2024 Commission Expires Katherine Daniel NOTARY PUBLIC STATE OF COLORADO NOTARY ID 201840464. 1?N7r1Q2A MY COMMISSION ExPIRES otary blic BID NO. B2400093 Page - 21 - 2024 Work on Hand Castle Rock Church of Christ Parking Lot Rehab Castle Rock Church of Christ $28,990.60 2024 Slurry Seal Castle Rock $617,977.16 2024 Slurry Seal Project Frederick $209,800 00 2024 Pavement Preservation Project GWV $148,030 00 2024 Crack Seal & Slurry Seal Ft Lupton $111,068 85 Columbine Elementary Slurry ]Asphalt Doctors $14,007 00 UC Health Loveland Slurry Asphalt Doctors $33,937 50 Keep Drive Slurry Asphalt Doctors $122,450.00 2024 Slurry Seal Project 4Westminster $2,389,316.86 Wellington Slurry Asphalt Doctors $23,575.00 9540 Stonegate Pkwy Slurry Rose Paving $16,673.50 2024 Louisville Slurry Louisville $218,368.05 Mt Olivet Cemetary Slurry iFoothills $61,162 60 Willow Bend Slurry Lennar $67,169.10 2024 Street Surface Seal Parker I $1.917,839.99 Estes Park YMCA Slurry Goltz Asphalt $86,422.55 Club Greenwood Slurry Foothills $61,175.00 On -Call Community Network Bike Facilities Kraemer $28,005.00 6132 S Yampa St Slurry Rose Paving $26,900 00 6461 S Waco St Slurry Rose Paving $5,546.00 Palisade Park Filin 6 Lennar $183,425.00 2023 Chipseal Projects Ft Morgan $226,730 00 2023 Gravel Road Chip Seal Pilot Program Douglas County $975,489.31 s 2024 Asphalt Treatment Project Evans ', $189,100 00 2024 Pavement Preservation Project GWV J $560,537 50 2024 Chipseal CHV $241,175.04 , Gopher Gulch RV Park Mishler Construction $40,275.25 4500 S Lafayette St Chip Chuck Sullivan $1,500 00 2024 Chip, Crack Seal & Patching Project Berthoud $314,621 40 2024 Crack Seal Project GVN $109,384.50 2024 Asphalt Crack Sealing Longmont $330,000 00 2024 Slurry Seal Castle Rock $26,995 00 Fedex Chipseal Sunland Asphalt $7,025.00 2024 Slurry Seal Protect Frederick $286,000 00 2024 Crack Seal & Slurry Seal Ft Lupton $30,250 00 18139 E Elk Drive Mastic Martin Marietta $2,500.00 2024 Crackseal Thornton $1,633.337.75 2024 Mastic Thornton $250.000.00 2024 Slurry Seal Project Westminster $231,387.64 2024 Louisville Slurry Louisville $2,699 60 2024 Chip, Crack Seal & Patching Project Berthoud $164,100.00 Palisade Park Filing 6 _Lennar i $27,000.00 SLURRY CHIPSEAL CRACKSEAL/MASTIC NOTICE OF AWARD PROJECT: SLURRY SEAL CONTRACT 2024 To: Vance Brothers, Inc 380 West 62n° Ave Denver, CO 80216 The project in general consists of performing the crack seal in the subdivisions and parking lots and seal coat work for the 2024 construction season. The contract is a one year commitment with the option of renewal for up to two additional years. The project, 2024 Slurry Seal Contract, in general consists of: -Crack sealing 35.5 tons. (County to supply material) -Slurry Seal 224,662 SY This project is not subject to Federal or State contract requirements. The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of $887.442.06 or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish the required Performance Bond, Payment Bond and Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this 1. day of J, my 2024 Weld County, Colorado, Own By: Josh Holbrook, Pavement Management Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by Vance Brothers, Inc (Contractor) Dated this / day of J ul 2024 By: Title: Chris Lee, Vice President BID NO. 82400093 Page -1- Bond No. 39S225608 PERFORMANCE BOND PROJECT: SLURRY SEAL CONTRACT 2024 KNOW ALL MEN BY THE PRESENTS; that Vance Brothers, Inc. (Name of Contractor) 380 W. 62nd Avenue Denver, CO 80216 (Address of Contractor) Corporation (Corporation, Partnership, or Individual) Liberty Mutual Insurance Company , hereinafter called Contractor, and a (Name of Surety) 175 Berkeley Street Boston, MA 02116 / Phone No. 617-357-9500 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County. Colorado (Name of Owner) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 Eight c Midi gRityTeven rtIousand Four hereinafter called Owner, in the penal sum of ....km cn, rWn n„ua.<a�.t nritno Dollars, (5 887,442.06 ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of , 2024, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: Slurry seal contract described in the Invitation for Bids, Bid No. 02400093 NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. BID NO. B2400093 PERFORMANCE BOND PROJECT: PROJECT: SLURRY SEAL CONTRACT 2024 IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this Vance Brothers, Inc. tractor (Contractor) Secretary tf6Lo Janee. (SEAL) By day of , 2024. Q,/yri 5 lee t tJ ee Pres;c(en+ (Witness as to Contractor) (Address) 380 W. 62nd Avenue 380 W. 62nd Avenue (Address) Deaver, CO 8021. ATTEST: See attached Power of Attorney (Surety) Secretary (SEAL) Witness as urety Denver, CO 80216 Liberty Mutual Insurance Company . C uJosut1 &Vjf)W) Attorney -in -Fact , C. LaVonne Engeman Lee's Summit Thomas McGee Group, A Division of Risk Strategies (Address) (Address) 120 W. 12th St. Suite 1000 Kansas City, MO 64105-1938 Missouri ...tUl:lIszA NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID NO. 82400093 Bond No 395225608 LABOR & MATERIALS PAYMENT BOND PROJECT: SLURRY SEAL CONTRACT 2024 KNOW ALL MEN BY THE PRESENTS, that Vance Brothers, Inc. (Name of Contractor) 380 W. 62nd Avenue Denver, CO 80216 (Address of Contractor) Corporation , hereinafter called Contractor, and a (Corporation, Partnership, or Individual) Liberty Mutual Insurance Company (Name of Surety) 175 Berkeley Street Boston, MA 02116 / Phone No. 617-357-9500 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of Eight Hundred Eighty Seven Thousand Four Hundred Forty Tao Dollars and 06/100 Dollars($ 887,442.06 ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of , 2024, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: Slurry Seal and Sand Seal Contract described in the Invitation for Bids, Bid No. 62400093. NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void,; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. BID NO. B2400093 `s3 O� a Liberty Mutual. SURETY This Paws of Attorney ebb the edit d thaw named herein, and way hies no .ONOTSy to hind t e Company =capl h Ihs manner and b fee Stuart Wein Meted. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Orao Ca4uty blueness Cmpeny o a sopordee day ociaazad ceder the hews of this State d New Hanpiae, tart Lbaly Mhend Wm. Caneeny is a capaelot 3 otpanited under the taws of the ORE of Mas+edanelte and West MINIM ►m,Soa Con eeny b e mrporaONsr dray orpanoed under the taws d tie Stale of Mane (Swett cob.* called ins To peimaL, praise b end by *Moray brain set bib, does hereby name, mnmtd! adappoint C. lawns Eaaeanan ell of be dry of Kansas ate stele of NIQ its rue end Nett aNanetirleet. with hat pews► and subway hereby contend to dOn. ern. end ado cebtbe the blowsy seek bad. Principal Naar: Vance Srohense Inc. Obligee Nemw: Wald Coaal& Surety awes. .v. m____ Sand Arno. See :.Windfalls at WITNESS WHEREOF, this Poesy WARM.. he been abesbXI hY an steamed aeonelo Ina Caipre. and the commis aseh dbe Conpairr Iwo been hued tomb the 11th day d Ask . 2024, Liberty Muttd Insurance Can Sinn The Olio Camtdy kimonos CompoN West Amman Insurance Carboy STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY By Died M. Carey. Asasbnl Saaetay Oa e m 11th day of July _ 2024 bobs me prom* y appeared Duel M. CI, who edaonhedpud anroet to be le eseolatt Sentay d Lbsny Maual Imam= Cones, The Oteo Camay tacrepany, and Waal Amai®yh hehrhaae Cony, end fat he. as such, being authorizstso b Oxman* be brapar p instrument for ale purpoea Screen cob*. by erring on baked be calpeatee by tin. a e day s lhanzed Man IN WRNUSS YIHEREOF, thew hereunto subeorbed my name Sib Wiled my ndahel seal at Plymouth Meeting. PeraMsylrahe. on the day and year fast above wneae tonvranwes. ofPews..•WWYRent mesa Pm. , NOWT vueae montsosey Count, My cram iumn eq..- Merck 2, 2373 Common nun. 11200.4 Mao. Aramcs cream This Paver d Attorney a made and sanded p wane b end by Nothaty d fe blow. Bylaw. Ati/iorirelare d The Oleo Casualty Insurance ConKen , l bent' Mutt. kaneanow Carysy, and West Mrric n Meseta Company ►Mulch reaaittun as new in It91 byte and idled reactg es blow!• ARTICLE IV - OFFICER. Sedan 12 Power ot Alorttey. My often or char A. of the Capaation stinted for that pipe.e in sating by ere Ctusman or the Pte+dr4 and steed b sudt Wit.. as Na CMiman or the Pendent may peewee. shag appoint such ettomeyrn-fact. as maybe necessary to ea a behalf et Ire Caporg 50 a nab. bascule. earl, admoveedge endMeer as sNaety any end al undenatinps, bmtb. mtope:bro . and ober surety oblusems. Such anmeys,Hect eked b fie Imietams set kW' n !heir mewls, posers of attorney VW.. cep pone► b bind ter Carpaaoon by err n'coat,. and ehro ern of any such .anthems and to attach Menlo eta sat of be Corporation When ae aaaarrd, such element. shall be ea Nadi. es d signed by ter Presidentand attested b Who Secretary. My poem or aufna nh granted to any repreaentabve orbs:may-intact under the provisions el the olds may be medial al ay tons try The Bald. tie Chinn. be Needled or by the Acerb eOons grealtno crude power or eeVemry ARTICLE Xlf - Execution of Contracts: Section S. Story Bads and Urdertaanga. Any officer des Corers authorized ke that purpose a writing by the chin= or the pmelded. and abed b sud1.4.01s a the c.i.f.. be praiaNht may goatee, shell eppara ash atanwysnlect, as way be moss. b ad n tremor the Comp, to make, eseabe, seal, aitnos4wte end deliver a surety any and err urdetelehps, bands. recognizances era other easy aNlgaeane. Such eltomeyaaet n weed to the tinhaatioee at berth a ther respects, power, et attorney, shall Ave all power b IoM the Company by her epsilons and weaerann d ay such aaeanantn sal to adds tsa4t ore seal d the Compaq- When so executed sari leftwards shell he es binding es f signed by le pnsedsla and giggled by be 'outstay. Ca neeae of OsalNe.Oan - The Preload furs Company, wing amused b the Bylaws of the Company, aneaaes David M Carey, Assata8Seadayto appoint such ebnwya- raad a may be webby to act on beAM d the Cenpay b make, awaits. seal, eSsosls k a and Orbs as baby wry and aI mdertaNNRs, bonds, ampniranca and clan 7urey 0NIONINts. Ae horia bra - NY unanimous meant d the Conveys Road of Daedois, the Conpeny canards toil how* or medwtocely resulted *mature d any nested emery of Me Careen, Owner s eeanv upon a celled copy d ay poor of atanry Sized by the Cnnpny in conned. wen surety bonds, shell be valid elf MON ups the Cowpony wet► the sae Was elf clad es though mu* Arad t Rena C. Use*, the eadsnaged, Assistant Sewetory, et Ebony Mutual tannest Co no ey. The Oho Comedy lausua Company. end Went American lneoaoa Cnnba y do hastry ter* that this power al attorney aseatsd by said Campania h in SA bee and Mad and ha not teen revoked M TESTIMONY WHEREOF, I hew hereunto sal my hob ant caved Ir zeds d said Conpanes two _ day of 222.1.; OW, OM, wAIC • raaM_o92ozi 1414, Teresa Pame N Notary MSc C. Uewelye, A istant eeadery ACORDe CERTIFICATE OF LIABILITY INSURANCE DATE (YWDDm, 7/9/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollsy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of s ich endoreement(s). PRODUCER Hub International Mid -America 920() Ward Pkwy Suite 500 Kansas City MO 64114 iT Certificate Department - _ F 816 70144600 :,816-209-425 IEss; HU&KC.CerlificaleaeJUBIntemy)ional coma,. INSURER( AFFORDING COVERAGE NAIC k i INSURER A; Travelers Propert.Y Casualty Company of America 25674 INSURED YANCE01 INSURER ■: Argonaut insurance Company 19801 Van380 Brothers, 62ndAve. 380 West 62nd Avenue INSURER C: The Travelers Inderonl Company of America "1Pa_Y 25666 Denver CO 80216 ... .� INSURER 0: The Traveler$ Indemnity Compaq), 25658 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 2094942293 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LOT TYPE OF INSURANCEAMMER POLICY NUMBER LIMITS 0 X COMMERCIAL GENERAL UABIL(TY OT-CO.9M2129474ND-24 111!2024 111(2025 EACH OCCURRENCE S 1,000,000 CLAIMS MADE Q OCCUR P1 a .of) S 000,000 MEO EXP (Any one person) $ 10,000 PERSONAL 6AOV INJURY 11,000,000 OEN'l AGGREGATE LIMIT APPLIES PER'. GENERAL AGGREGATE S 2,000,000 - , POUGY [ ,1 JPERC LOC PRODUCTS - COmeioe AGG 6 2.000,000 OTHER C AUTOMOBILE LIABILITY 810-9M352747-2426 1/02022 1/16021 ...,....7.......-....T $1,000,000 X ANY ALrTo --- BODILY INJURY (Par person) $ OWNED AUTOS ONLY SCHEDULED AUTOS ammo. INJURY (Per arcMenU 1i X X HIRED AUTOS ONLY MG$ $0 NON ST AUTOS ONLY PROFER1YDAntAGE (r'�. X112... _. _.. ..__...� A X ()RUHIAUAe X ,DUN CUP -9M422902-24-26 1/18024 1!1!2025 EACH OCCURRENCE $10.000,000 EXCESS LIAO CtANS-MADE AGGREGATE $ 10,000 000 DED I X I RETENTION $ „ ,, B WORRERSCOMPEnsation AND EMPLOYOUP LIABILITY WC92908828551 1/16024 111/2025 X I S ATU1E I 1 ET,. Y / N ANYPROPRIETORMARTNER/EXECUirvE Q Ni, E.L. EACH ACCIDENT 11,000,000 (04: R7MEMBEREXCLUOED7 (1llerdatory M NM) E . DISEASE - EA EMPLOYEE 11.000,000 Ir yyee.. desabe under ESCR5PTION OF OPERATIONS below E . DISEASE - POLICY LIMIT 11.000,000 DI ICR1PPON OF OPERAT10Ne 1 LOCATIONS / VEHICLES (ACORD 101, AddNbne) Rama. Schedule, may a aWeReO II men eaaa le nquMND Re: 2024 Slurry Sall Project CERTIFICATE HOLDER CANCE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Weld County 1150 O Street Creel@y, CO 80631 Apnoea. REPRESENTATIVE ACOR0 25 (2018/03► G 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DISK 7/11/2024 Weld County, Colorado PO Box 758 1111 H Street Greeley, Colorado 80632 RE: Contractor. Vance Brothers, Inc. Bond No: 39S225608 Contract Price: $887.442.06 Project: Weld County, Colorado 2024 Slurry Seal Enclosed please find three (3) originals of the Performance and Labor & Materials Payment Bonds, and Powers. of Attorney issued in conjunction with the referenced. The Bonds and accompanying Powers of Attorney are "undated" because the Contract has not yet been dated. This letter serves as your authority to insert the appropriate dates once the contracts have been executed. Please note the date of the bonds and powers of attorney must be on or after the date of the contract in order for the bonds to become effective. The bond is not valid if it is dated prior to the contract date. Once the bonds have been signed and dated, please let me know the contract date so that I can mark my records and advise the surety underwriter. Sincerely, LIBERTY MUTUAL INSURANCE COMPANY C.*AuOr#Aai) C. LaVonne Engeman Attorney -in -Fact 120 W. 12th Street. Suite 1000 • Kansas City. MO 64105.1938 • riskstrategies.com Liberty Mutual. SURETY Mb Pow d M mmy I4Nb IM Feb dam nosed limb, aid they have no oAhort y to bind the Coma. =spite ere mower and b the eaba herebh abbe Liberty Mutual Insurance Company The Ohio Casualty Insurance Company Met Mierican Ineuanca Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: Tlod The Oho Cady hub.) Cornpeny is a oorparebn day apeMed .err the boa d the Sited New tiarpshee, ha liberty ibluai bnsaeno) Company is a a.m. day 0 000ad tinder be We of Me state of ki tae Ouelb, and West Merton anima° C onroy e e mrele. Sub awn. order the boa d he Sbb d twesa (has+ aolecOvey oiled he Tonga niesl. pine. b. by.iorSy herein set tarn, does heady name. cambia andappoint C. umbers Enaeme0 8R d be al of Kansas City slate of MQ„ b Ira and baba eaaneybdad, with krs power end euhorly hereby cpAeorad to mph, ms.t. edovrMebe the rl►w►00 surety bard. P0800ei Naar: Vance Bnotltars.,Ine. Obeoee Neva: Weld County booty Rata Nader. 385226808 Band Mrwnt Sae Bad farm IN WITNESS %%EREO., he Power of Attorney thaw been absorbed by an euha¢sd Noma dfdei d he Comperes end he ampooate embattle Commie bevy been eked Itrab be t l�lh day, d Jul 2024 liberty Maud d berme Compaq The Oleo Carney lemma) Co.. West MINIM torryn® Carberry By: STATE OF PENNSYLVANIA sA COUNTY OF MONTGOMERY Deed M. Grey. Atse1RR Sasetry On the JJIL day of Joly 2024 , be. me poomo y apposed Dead M. Carey, who ednowNdped tuned b be he AsaaOart seaslry d LoeV Maui .wince Gapry. The Ohio Ono* Carbery. end Meat Anaw . Imam Compaq. end Orel he. ea such. keno auhortaad so b do. mode he bateau instrument ix be papaya wreren ober. by sigrra on behalf d 8e coporebons by hire. as a dry enreryr2ed oflra di WORDS WHEREOF, I have hereueo subscribed my name end affixed my notarial seal el Rm., Meeting. Pennet$ena, on ha day and year brat above mike CoimaraAtoPenmrMnu • Wiry bee( t«p Prrrrea. Notary Mac MrpamwY Cow, Ny ennui+ ...oh ter, 2022 Gamma.. Aug. tt]aeM dPtu.O Ltd& wow enseineieawarNls�eriesew Terms Pala. MafotyPtabie Thee Pones d Many is made and eaemaed p urval b and by malaria alto idtueig Byaara eM A tteratius d The Chia Caeuty asaesoe MaRerny, Leery MAN Amranae Cambay, end Waal Madan an advance Carberry aerktt andiAeae are noa n k// bas rd seed reeding as Wham ARTICLE N - OFRCERS: Salon 12. Paver d Attdney. Ay draw a other official oldie Capadim a l000ed for het papoee a wrung by the Chairmen a he Pteeid re. and skied b siren Warta' to he C90nan or be President may gawp a shell abobl sudor ens b-Nci, as maybe reaessery b ad a behalf d the Corpaebn b meke, wade, bet edaroalegie and deliver as eaety any end e• nrabelekinaa, bads. raognaancaa end filer suety Wed. Such elleneyn.rect sub. b the eniberms set bambini' rmpecave posers at Mammy. shallows hit boar baud be Carprabn by tars srgnatme arN rumor. d any such a.m.. to adorn thereto 8e seal oldie Capra.. When so ennead, suer aabumerAa shall be as bending as 0 wiped by Me President end e8eebd to by 8e Sec eOay Any paws or a0Raeiy bared b ry nbreeenb00e or aearey-ao-toel under he privisiaa of he aide maybe weed el any lime by he Hoard, lb. Chairman. 8e Premiere or by he Mar a dkas rating era► paler or au8oy ARTICLE IOl - Fisuaion d Conbecb: Sermon 5. Surely Bads tad Urdeldriege. Any allm of the Comely sultaved far Ihet pupaaa a c09hg by he Minn a he pmsidertt end eukpct a 890lar atione tae Se 090080 or he pesdelt bey palate, shell appoint such elbr>Byrn-tecl. es maybe necessary to ad it Whoa hm Cargry to aware, eeesub, sob rya' and defter as away ay end e12e610aii,, bonds. twayn¢an s and ohr Fiery °bidder. Such eoemeysb-tel, subp00 to 8a hinb0ae set tern in heir rasps., powered atarrey. stall have h/ poker b bind Ste Cabpeny by hav signs. and asecole0 d err/ wroth instruments and b attach heeb he seer of la Campo, When 90 armed sine detriments 8681 be as bmdntg e t.a. by he pretv.I end attested by lb) aeaerary Coda.) et Designelion - The Preeidere ol Carp, odic prowl to Ihe SW. or be Carboy. authorizes Ovid M. Carey,MOON Secret. beppoirisuch etto eys- ntad es bey be naaaaaasy b tad on bated of the Caro., to make, mate. seat edahaelediae and deliver ea Ray any and ail udertske{p, baFde, remgar a and crier sway °Motile. Autlo00aan - try rnenrraeo mount of be Carprya Boyd d Oireaere, 8a Convey consents hat Womb a motor.* mamboed ag0o e d ey ameba seawary dilly Cmpery, atone' bps.. upon a csteled spy d any poser of Manley bsued by 8e Carbery in common with surety bond, 010 be aid and biding v. be Ca paap with 8e same brae and ailed es Sage name* 08180 I, Renee C. Um*" the to 0ogad. Aseeisa Seasay, d L8etty Mutual Insurance Company. The Ohio Coady batoeRe Conpeny, and West American b uara Conpmy do hobby teddy eat his domed abbey executed by amid Cabbies is in tub Rae and bled end Ines not bean mot. IN MUMMY MMEREOF, I hoe hereunto set my hand end eased the seats d said Campania his 1 t anih dey of Joy , 2024 C. terns, MAW Seaeary WK. aK wAIC - nrati_a9202d 1 >1 i$ ?.g od Contract For Entity Information Entity Name" VANCE BROTHERS INC Entity ID* @00004325 Contract Name" 2024 SLURRY SEAL CONTRACT RENEWAL Contract Status CTB REVIEW O New Entity? Contract ID 8541 Contract Lead * JHOLBROOK Contract Lead Email Jholbrook@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description" PLACEMENT OF APPROXIMATELY 224,662 SQUARE YARDS OF SLURRY SEAL AND 35.5 TONS OF CRACK FILL. Contract Description 2 Contract Type* AGREEMENT Amount* $887,442.06 Renewable * YES Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov.co Department Head Email CM-PublicWorks- DeptHead@weldgov.com Bid/RFP #* County Attorney B2400093 ADRIA SCHIEL Requested BOCC Agenda Due Date Date* 07/27/2024 07/31/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES County Attorney Email ASCHIEL@WELD.GOV 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 Review Date * 02/03/2025 Renewal Date * 03/03/2025 Committed Delivery Date Expiration Date Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 07/25/2024 Approval Process Department Head .CURTIS HALL DH Approved Date 07/25/2024 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 07/31/2024 Finance Approver CONSENT Legal Counsel CONSENT Finance Approved Date Legal Counsel Approved Date 07/25/2024 07/25/2024 Tyler Ref # AG 073124 Originator JHOLBROOK MEMORANDUM TO: Duane Naibauer, Deputy Director of Public Works DATE: June 24, 2024 FROM: Joshua Holbrook, Pavement Management Supervisor SUBJECT: Recommendation Letter for the 2024 Slurry Seal Contract Bid No. B2400093 Bids were received and opened on June 12, 2024 for the 2024 Slurry Seal Contract. The two bids received ranged from $887,442.06 to $1,255,016.36. The lowest bid was submitted by Vance Brothers, Inc of Denver, CO. It is staffs recommendation to award the project to Vance Brothers, Inc for a total amount of $887,442.06. This amount is within the 2024 budget for this contract. This contract is expected to begin in August and remain in effect for the allotted contract time of 80 days. Attachments: 2024 bid tab pc: Curtis Hall, Director Rose Everett, Purchasing Mona Weidenkeller, Office Tech IV, Account Payable/Receivable -C6-1 001 Zo 2L-1-159 Z BID REQUEST NO. B2400093 2024 SLURRY SEAL BID TAB ITEM DESCRIPTION UNIT PLAN QUANTITY UNIT PRICE COST UNIT PRICE COST ,,„,,,s. - 4 SY "' .t t., vo. avtabd A. ., +.-". d .v. T `.w'".,S'.�.,�.. # . `. -:� C 4.xx e �'`v '.. h� sk a..:» ` . 3 � `'.t .. v v.. .: 408 409 PLACE RUBBERIZED CRACK FILLER & TRAFFIC CONTROL TON SQYD 35.50 224,662 $3,800.00 $3.13 $134,900.00 $703,192.06 $5,750.00 $3.28 $204,125.00 $736,891.36 630 SIGNING AND TRAFFIC COTNROL (SLURRY SEAL AND CRACK SEAL) SQYD 46 $725.00 $33,350.00 $5,800.00 $266,800.00 630 MHT & TRAFFIC CONTROL FOR CDOT INTERSECTIONS EACH 6 $1,000.00 $6,000.00 $6,200.00 $37,200.00 700 F/A MINOR CONTRACT REVISIONS 1 $10,000.00 $10,000.00 $887,442.06 *No Errors $1,255,016.36 *No Errors DATE OF BID: JUNE 12, 2024 REQUEST FOR: 2024 SLURRY SEAL DEPARTMENT: PUBLIC WORKS DEPT BID NO: #B2400093 PRESENT DATE: JUNE 17, 2024 APPROVAL DATE: JULY 1, 2024 VENDOR VANCE BROTHERS INC 380 WEST 62ND AVENUE DENVER CO 80216 A-1 CHIPSEAL CO 2505 E. 74TH AVENUE DENVER CO 80229 PUBLIC WORKS WILL REVIEW THE BIDS. WELD COUNTY PURCHASING 1301 N.17TH Avenue, Greeley CO 80631 E -Mail: reverettl6weldgov.com E-mail: cgeisert(Sweldgov.com E-mail: ttaylor(a�weldgov.com Phone: (970) 400-4222 ,4223 & 4454 TOTAL PRICE $ 887,442.06 $1,255,016.36 2024-1592 Lo/1-1 al 0081 Hello