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Home My WebLink About20232328.tiffCorrlva c\ Ocir39 BOARD OF COUNTY COMMISSIONERS PASS AROUND REVIEW PASS -AROUND TITLE: Paving Fabric Supply and Installation 2025 renewal DEPARTMENT: Public Works — Pavement Management PERSON REQUESTING: Joshua Holbrook, Pavement Management Supervisor DATE: 2.3.2025 Brief description of the problem/Issue: The current Paving Fabric Supply and Installation contract was awarded to Vance Brothers, Inc in 2023. The 2023 agreement was renewed in 2024, and the Board has the option of renewing the agreement for one more year in 2025 as allowed in the contract. This will be the third and final year for this agreement, Document No. 2023-2328. The contract allows for yearly rate adjustments based upon the ENR Cost Index for Asphalt Emulsion (Slow Set), which is a 34% increase from 2024 to 2025, and the Denver -Aurora -Lakewood CPI has a increase 2.5%. Vance Brothers submitted their 2025 prices, and they range from 3.70% to 3.85% for the two different types of paving fabrics. Vance Brothers, Inc was the lowest bids in 2023. Attached to this pass -around is a copy of the 2025 Fee Schedule and a cost comparison from 2024 to 2025. The total amount of $1,057,650.00 is within the 2025 budget, and Public Works has been satisfied with the material that they supplied. 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 paving season. Impacts: If the Board denies the renewal, Public Works will need to re -bid the contract which could negatively impact the 2025 paving season schedule and will result in a higher bid cost. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): The amount for 2025 contract year would be $1,057,650.00 and is with the budgeted amount for 2025. Recommendation: Staff recommends approval of Vance Brothers, Inc. under the Paving Fabric and Installation Contract and placement on the BOCC agenda. Perry L. Buck Scott K. James Jason S. Maxey Lynette Peppier Kevin D. Ross Suosort Recommendation Schedule Plane on BOCC Agenda Work Session 3741 Attachments 2025 Fee Schedule 2024-2025 Cost comparison CC: Curtis Hail, Director or Public Works Duane Nalbauer, Deputy Director Mona Weidenkeller, PW Budget Coordinator Consen+ 3/3/25 CC: dnba3e C-) puya5-u-g /3/25 Other/Comments: 2023-Z3n eel 0nI CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PULBIC WORKS G"' ~ AND VANCE BROTHERS, INC. 1 ,A,�1,^,�,'^ This Agreement Extension/Renewal ("Renewal`), made and entered into 64 day of t i VU ! by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works. hereinafter referred to as the "Department", and Vance Brothers, Inc. hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2023-2328, approved on September 18, 2023. 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 March 29, 2025. • The parties agree to extend the Original Agreement for an additional 1 year period, which will begin March 30, 2025 and will end on March 29, 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 third and final year for this contract. The estimated 2025 cost is $1,057,650.00. 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: BOARD OF COUNTY COMMISSIONERS WE! COUNTY, CO ORADO Perry L. B !' k, Chair MAR 03202 ST:ddettfAl •=ide0;€1 ounty Clerk to the Board Deputy Clerk to the Board zo23 2 32 $ Exhibit A 2025 RENEWAL BID SCHEDULE FOR PAVING FABRIC SUPPLY AND INSTALLATION VANCE BROTHERS. Inc. ITEM ITEM DESCRIPTION UNIT EST QTY UNIT PRICE (8) TOTAL PRICE ($) 101 Mlfafi MPG, SY 35,400 % q , 2,r f- 3 27,15720 102 GlasGrid 8511 TF SY 76,000 q, ‘1,5— ' 7(.w,,.00 103 MOBILZATION EA 4 13000.00 12 002, OD TOTAL .-4,/"r7 O5O.Ot 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. #82300147 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 I/ R.. C_ g 0 ?171 515 BY (Please print) BUSINESS ADDRESS 3 JO wrs ! (, 2wt2 4. v r DATE CITY, STATE, ZIP CODE c -O 'D TELEPHONE NO 303 -3W/' 2-60 "/ FAX 363" 3 W-4° 3Y°TAX ID # y`/`°S 777 t3 SIGNATURE �� `n .c�-c E-MAIL 47 0,4/147 v n/c/ d ary,,l-s , corm WELD COUNTY IS EXEMPT FR COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS 098-03551-0000. NOTICE OF RENEWAL 2025 Paving Fabric Supply and Installation Renewal To: Mike Wright Vance Brothers, INC 380 West 62. Ave Denver, Colorado 80216 Project Description: 2025 Paving Fabric Supply and Installation renewal, Bid No. B2300147 You are hereby notified that your renewal rates have been accepted. 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 10 day of February 2025. Weld County, Colorado, Owner By Ala Joshua J. Holbrook, Pavement Management Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by l/.t G,2 gS"e 4 'ic ,LLB. (Contractor) Dated this // day of frie , 2025. By: / Title: //lee 7 S 1.44 BID NO # B2300147 Page 1 Bond No. US00146054SU25A PERFORMANCE BOND PROJECT: PAVING FABRIC SUPPLY AND INSTALATION FOR 2023 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) XL Specialty Insurance Company (Name of Surety) 677 Washington Blvd., 10th Floor, Suite 1000 (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 one Mliaon Flay Seven Thousand SIX Hundred Fiftyandnutlns Dollars, ($ 1,057,650,00 ), 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 , 2O23., a copy of which is hereto attached and made a part hereof for the construction of: 2025 2025 PROJECT Paving Fabric supply and Installation for 2825 described in the Invitation for Bids, Bid No. B2300147 (term running 3/30/2025 to 3/2912026) 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 REQUEST #82300147 Page 25 PERFORMANCE BOND PROJECT: PAVING FABRIC SUPPLY AND INSTALLATION FOR 2023 IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of 2025 which shall be deemed an original, this 13th day of February , MC& Vance Brothers, LLC Contractor Jl,.0 U aw^- (Contractor) Secretary brew Uanct (SEAL) (Witness as to Contractor) (Address) ATTEST: (Surety) :':. obert F. Bobo Attorney -In -Fact (SEAL) r t 5 Lee, U,ce President 5201 Brighton Avenue (Address) Kansas City, MO 64130 (816)923-4325 SURETY: XL Specialty Insurance Company By ." Witness as to Surety Nick Patetta Attorney -in -Fact Aaron P. Clark 3657 Briaroark Drive. Suite 700 677 Washington Blvd., 10th Floor, Suite 1000 (Address) (Address) Houston, TX 77042 Stamford, CT 06902 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 REQUEST #82300147 Page 26 Bond No. US00146054SU25A LABOR & MATERIALS PAYMENT BOND PROJECT: PAVING FABRIC SUPPLY AND INSTALLATION FOR 2023 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) XL Specialty Insurance Company (Name of Surety) 677 Washington Blvd., 10th Floor, Suite 1000 (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 One Million Fifty Seven Thousand Six Hundred Fifty and 00/100 Dollars ($1,057,650.00 ), 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 , 2823, a copy of which is hereto attached and made a part hereof for the construction of: 2025 2025 PROJECT: Paving Fabric Supply and Installation for MR described in the Invitation for Bids, Bid No. B2300147. (term running 3/30/2025 to 3/29/2026) 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 REQUEST #02300147 Page 27 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 13th 8888. 2025 WA - (SEAL) (Contractor) Secretary Drew ee day of February Vance Brothers, LLC rr s Lee , u ee p>resi den -1- ___ 5201 Brighton Avenue itne as to Contractor) (Address) (Address) ATTEST: (SEAL) (Surety) Robert F. Bobo Attorney -In -Fact Kansas City, MO 64130 (816) 923-4325 SURETY: XL Specalt Insurance Company By • s to Sure Nick Patetta Attorney -in -Fact Aaron P. Witness a Clark 3657 Briarpvrk Drive, Suite 700 677 Washington Blvd., 10th Floor, Suite 1000 (Address) (Address) Houston, TX 77042 Stamford, CT 06902 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 REQUEST #82300147 Page 28 DocuSign Envelope ID: 10FEE62E-9688-4596-BBDO-3AFE956B33ED Power of Attorney XL Specialty Insurance Company XL Reinsurance America Inc. THIS IS NOT A BOND NUMBER LIMITED POWER OF ATTORNEY XL 1630129 KNOW ALL MEN BY THESE PRESENTS: That XL Specialty Insurance Company, a Delaware insurance companies with offices located at 505 Eagleview Blvd., Exton, PA 19341, and XL Reinsurance America Inc., a New York insurance company with offices located at 677 Washington Blvd., 10th Floor, Stamford, CT 06901, do hereby nominate, constitute, and appoint: Timothy F Kelly, Robert F. Hobo, Florence McClellan, Kristin Darling, Aaron P. Clark, Rachel Richardson, Teresa D. Kelly, Laura Knelt, each its true and lawful Attorney(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed $100,000,000.00. Such bonds and undertakings, when duly executed by the aforesaid Attorney (s) - in - Fact shall be binding upon each said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. The Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of each of the Companies on the 26th day of July 2017. RESOLVED, that Gary Kaplan, Daniel Riordan, Maria Duhart, Gregory Boal and Kevin Mirsch are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or co -surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest the execution of any such bonds, undertakings, contracts or obligations in surety or co -surety and attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that Gary Kaplan, Daniel Riordan, Maria Duhart, Gregory Boal and Kevin Mirsch each is hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co -surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attomey or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co -surety with others to which it is attached. IN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this October 1st, 2024. STATE OF PENNSYLVANIA COUNTY OF CHESTER by: Attest: XL SPECIALTY INSURANCE COMPANY Gregory Boal, VICE PRESIDENT Kevin M. Mirsch, ASSISTANT SECRETARY On this 1st day of October, 2024, before me personally came Gregory Boal to me known, who, being duly sworn, did depose and say: that he is Vice President of XL SPECIALTY INSURANCE COMPANY, described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to the aforesaid instrument is such corporate seals and were affixed thereto by order and authority of the Boards of Directors of said Companies; and that he executed the said instrument by like order. Commonwealth of Pennsytvanta • notary Sear S Grace Freed•BrowA. Notary Public Chester County My commission expires March 5.2026 Commission number 1322812 M."Stt. Penn)y1yanta Asscciat on of hplar@S SB0042 Page 1 of 2 S. Grace Freed -Brown, NOTARY PUBLIC DocuSign Envelope ID: 1OFEE62E-9688-4A96-BBDO-3AFE956B33ED STATE OF PENNSYLVANIA COUNTY OF CHESTER Kevin M. Mirsch, Assistant Secretary of XL SPECIALTY INSURANCE COMPANY, a corporation of the State of Delaware, do hereby certify that the above and forgoing is a full, true and correct copy of a Power of Attorney issued by said Companies, and that I have compared same with the original and that it is a correct transcript therefrom and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation, at the City of Exton, this 13th day of February 2025 Kevin M. Mirsch, ASSISTANT SECRETARY IN WITNESS WHEREOF, XL REINSURANCE AMERICA INC. has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this 1st day of October, 2024. STATE OF PENNSYLVANIA COUNTY OF CHESTER by: XL REINSURANCE AMERICA INC. Gregory Boal, VICE PRESIDENT Attest: Kevin M. Mirsch, ASSISTANT SECRETARY On this 1st day of October, 2024, before me personally came Gregory Boal to me known, who, being duly sworn, did depose and say: that he is Vice President of XL REINSURANCE AMERICA INC., described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Corporation, and that he executed the said instrument by like order. Caramaawe,nn of Aranywanl, • Notary Sear S Greco Freed•Brown• Notary Public Chaster County My commtssron ex.*. March 5.2026 Commission number 1322812 Pennfytven. Affccill on of STATE OF PENNSYLVANIA COUNTY OF CHESTER S. Grace Freed -Brawn, NOTARY PUBLIC 1, Kevin M. Mirsch, Assistant Secretary of XL REINSURANCE AMERICA INC. a corporation of the State of New York, do hereby certify that the person who executed this Power of Attorney, with the rights, respectively of XL REINSURANCE AMERICA INC., do hereby certify that the above and forgoing is a full, true and correct copy of a Power of Attorney issued by said Corporation, and that I have compared same with the original and that it is a correct transcript therefrom and of the whole original and that the said Power of Attorney is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation, at the CiO of Exton, this 13th day of February 2025 . ANC�' eR This Power of Attorney may not be used to execute any bond with an inception date after 10/1/2026 SB0042 Page 2 of 2 Kevin M. Mirsch, ASSISTANT SECRETARY ACC,1212, ©�' CERTIFICATE OF LIABILITY INSURANCE 1/1/2026 DATE (MMIDD/YYYY) 12/26/2O24 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 CONTACT DBA Lockton Insurance Brokers, LLC in CA CA license 60F 15767 PHONE JFAX �Na..Ext1 - ---__ - -om MqY_ w _ .. .. A°° Ess:_ 2100 Ross Ave., Ste. 1400 INSURERS) AFFORDING COVERAGE RAC 0 Dallas TX 75201 (214) 720-5563 INSURER A : The Charter Oak Fire Insurance Company 25615 INSURED Vance Brothers, LLC INSURER B:The Travelers Indemnity Company 25658 1551980 5201 Brighton Ave. INSURER c : Travelers Property Casualty Company of America 25674 Kansas City MO 64130 INSURER o :Navigators Insurance Company 42307 INSURER E : --- SEE ATTACHMENT --- ,00uRERF : Aspen Specialty Insurance Company 10717 COVERAGES CERTIFICATE NUMBER: 21198193 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSR WVO POLICY NUMBER IMMIDD)YYYY1 POLICY EXP (MM/OD/YYYYI LIMITS A x caeesRCIALOENERa,aaslLITY Y N DT-CO-54700155-COF-25 1/1/2025 14/2026 EACH OCCURRENCE 5 1,000,000 L Xj 1 CLAIMS -MADE OCCUR .R $E$ Ina nm Peq) $ 300,000 X Cont. Liab. MED EXP (Any one person) I 10,000 PERSONAL E. ADV INJURY e 1,000,000 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 _GEN'L POLICY I.J JEC Ell LOC PRODUCTS - COMP/OP AGG $ 2,000,000 ___ OTHER B AUTOMOBILE LIABILITY y N 810-95/B52747-25-26 1/1/2025 1O/2026 CEba U NOLELIMrr e 1,000,000 x ANY AUTO BODILY INJURY (Per person) $ XXXXXXX 00505001.5 - AUTOSULec BODILY INJURY (Peraccident) $ XXXXXXX - X AUTOS ONLY X AUOTOS ONLY Per�aEodRZ AMAGE $ XXXXXXX X MCS-90 $ XXXXXXX C UMBRELLA LIAR IX OCCUR Y N Cl7P-A6479698-25-26 1/1/2025 1/1/2526 EACH OCCURRENCE $ 20,000,000 D x EXCESS LIAR CLAIMS -MADE HO25EXCZ00W2WIV 1/O2025 1/O2026 AGGREGATE $ 20,000,000 { DED I X I RETENTIONS 10,000 $ XXXXXXX E WORKERS COMPENSATION AND EMPLOYERS' LIABILITY N See Attached 1/1/2025 1/1/2026 X PER OTH- I STATUTE I I ER Y / N osv rn errse ccosoe M sin E.L. EACH ACCIDENT $ 1,000,000 tMEIMSER Ep7 (Mandatory In NH) E DISEASE - EA EMPLOYEE a 1 000,000 If yes, deeoribe under DESCRIPTION OF OPERATIONS below EL. DISEASE - POLICY LIMIT 1 1.g04.000 F Pollution Liability Y N ER0136325 1/1/2025 1/1/2026 S5,000,000 Occurrence $10,000,000 Aggregates DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AGGRO 101, Additional Remarks Schedule, may be attached H more space is required) CERTIFICATE HOLDER CANCELLATION See Attachment 21198193 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Weld County Public Works ACCORDANCE WITH THE POLICY PROVISIONS. 1111 H Street Greeley, CO 80632 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Attachment Code: D659861 Master ID: 1551980, Certificate ID: 21198193 Workers Comp Carriers 1/1/2025 -1/1/2026 Missouri Employers Mutual Ins. Co. - Policy # MEG 3019980-01 (MO, AR, IA) 1/1/2025 -1/1/2026 Argonaut Insurance Company - Policy # WC -92-918- 882617 (GO, MS, OK, TX) CONTINUATION DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/ERCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS (Use only If more space Is required} Re: Row Permit; Board of County Commissioners of Weld County, Colorado, its officers, and employees are Additional Insured as respects the General, Auto, Pollution and Umbrella Liability policies. 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 30 -Days written notice to the Weld County Controller by certified mail, return receipt requested. ACORD 25 (2016503) Certificate Holder ID: 21198193 Contract Form Entity Information Entity Name VANCE BROTHERS INC Entity ID* @00004325 Contract Name" PAVING FABRIC SUPPLY AND INSTALLATION 2025 RENEWAL Contract Status CTB REVIEW Contract ID 9159 Contract Lead" JHOLBROOK ❑ New Entity? Parent Contract ID 8018 Requires Board Approval YES Contract Lead Email Department Project # Jholbrook@weld.gov Contract Description* SUPPLY AND INSTALL APPROX. 111,400 SY OF PAVING FABRIC FOR THE 2025 OVERLAY PROGRAM Contract Description 2 Contract Type" CONTRACT Amount" $1,057,650.00 Renewable" NO Automatic Renewal Grant IGA Department PUBLIC WORKS 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 20232328 If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Due Date Date* 03/01/2025 03/05/2025 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* 12/29/2025 Committed Delivery Date Renewal Date Expiration Date* 03/29/2026 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel DUANE NAIBAUER CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 02/26/2025 02/26/2025 02/26/2025 Final Approval BOCC Approved Tyler Ref # AG 030325 BOCC Signed Date Originator JHOLBROOK BOCC Agenda Date 03/03/2025 Corhad BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Paving Fabric Supply and Installation 2024 Renewal DEPARTMENT: Public Works — Pavement Management. DATE: March 4, 2024 PERSON REQUESTING: Joshua Holbrook, Pavement Management Supervisor Brief description of the problem/issue: Weld County's current Paving Fabric Supply and Installation Contract was awarded in 2023. The Board has the option of renewing the agreement for another year in 2024 as allowed in the contract. Vance Brothers, Inc. currently has the contract for Weld County. This will be the first extension/renewal on a three-year contract with two renewal options, Document No. 2023-2328. The 'contract allows for yearly rate adjustments based upon the ENR Denver Cost Index for Asphalt Emulsion (Slow Set), which is a 68.19% increase from 2023 to 2024. Vance Brothers submitted their 2024 prices, and they range from 3.72% to 4.00% for the two paving fabrics. Vance Brothers, Inc was the lowest bids in 2023. Attached to this pass -around is a copy of the 2024 Fee Schedule and a cost comparison from 2023 to 2024. The total amount of $1,003,289.02 is within the 2024 budget, and Public Works has been satisfied with the material that they supplied. 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 2024 paving season. Impacts: If the Board denies the renewal, Public Works will need to re -bid the contract which could negatively impact the start of the 2024 paving season and will result in a higher bid cost. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): The amount for the 2024 contract year would be $1,003,289.02 and is within the budgeted amount for 2024. Recommendation: Staff recommends approval of Vance Brothers, Inc. under the Paving Fabric and Installation Contract and placement on the BOCC agenda. Perry L. Buck, Pro -Tern Mike Freeman Scott K. James Kevin D. Ross, Chair Lori Saine Attachments 2024 Fee Schedule 2023-2024 Cost comparison Support Recommendation Schedule Place on BOCC Agenda CC: Curtis Hall, Director of Public Works Duane Naibauer, Deputy Director Mona Weidenkeller, PW Budget Coordinator cones+ Aqenc3-0- 44/Z<-F' y Work Session 4/--//5/02$- Other/Comments: 2023-232$ oohs 1 CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN WELD COUNTY AND VANCE BROTHERS, INC. This Agreement Extension/Renewal ("Renewal"), made and entered into ! . ay of Vl., 2024, by and between the County of Weld, by and through its Board of Weld County Commissioners, hereinafter referred to as the "County", and Vance Brothers, INC., hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement on September 18, 2023 (the "Original Agreement"), identified as document #82300147/2023-2328. 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 current Agreement will end on March 29, 2024. • The parties agree to extend the Agreement for an additional 365 days, which will begin March 30, 2024, and will end on March 29, 2025. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. This extension will be the second year of a possible three-year contract. 2. The 2023 Fee Schedule of the contract shall be replaced by the attached 2024 Fee Schedule, which is attached hereto and incorporated by reference. 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: ///a, rtt_e_ E tC, /-kerb Ck rl5 Printed Na Signat re ATTEST:'' "l + ` r ? o BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO7 DO Kevin D. Ross, Chair APR 1 5 2024 2024 RENEWAL BID SCHEDULE FOR PAVING FABRIC SUPPLY AND INSTALLATION VANCE BROTHERS, Inc. ITEM ITEM DESCRIPTION UNIT EST QTY UNIT PRICE ($) TOTAL PRICE ($) 101 Mifafi MPG° SY 52,096 g.12. ({6q,b96-32- 51,9,592:70 102 GlasGrid 8511 TF SY 58,197 9.(Q 103 MOBILZATION EA 3 ' W3.00 9000.0 TOTAL I,803,2Z9,0t. 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. #62300147 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 v A, g BUSINESS ADDRESS BY ,t1G-" (Please print) 3 go LU 13 - Cf12-18* Jl/ DATE 3/2/2. 4 2 / CITY, STATE, ZIP CODE ly/�y�f1= G-(5 ',2/% TELEPHONE NO 363 - 34/` 2 6 V FAX 203-30-2e3 TAX ID # 9`1 - cJ7 7 7 / SIGNATURE /4.71,--i4 E-MAIL 117.''e1 &*'7 �vhf"'er''L3P-a7 /-�s� 40114 WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. NOTICE OF RENEWAL 2024 Paving Fabric Supply and Installation Renewal To: Mike Wright Vance Brothers, INC 380 West 62°. Ave Denver, Colorado 80216 Project Description: 2024 Paving Fabric Supply and Installation renewal, Bid No. B2300147 You are hereby notified that your renewal rates have been accepted. 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 retum an acknowledged copy of this Notice of Renewal to the Owner. Dated this 14 day of March 2024. Weld County, Colorado, Owner By _ d Joshua J. Holbrook, Pavement Management Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by J Dated this r , 2024. By: Title: fir/ 'IGe S:a/kL71--- A G (Contractor) BID NO # B23001W Page 1 RISK strategies 3/21/2024 Weld County, Colorado 1111 H Street Greeley, Colorado 80632 RE: Contractor. Vance Brothers, Inc. Bond No: 39S225557 Contract Price: $1,003,289.02 Project: Weld County CO 2024 Paving Fabric Supply and Installation Renewal Bid No. B2300147 Enclosed please find Two (2) originals of the Performance and Labor & Material 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. LaVonne Engeman Attorney -in -Fact I120 W. 12th Street, Suite 1000 • Kansas City, MO 64105-1938 • riskstrategies.com max;. Liberty Mutual. SURETY This Power of Attorney limit. the acb of these named herein, and they have no authority to bind the Company except In the meaner and to the ardent herein sated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the taws of the State of Massachusetts. and West American Insurance Company is a corporaton duly organized user the laws of the State of !m iens therein collectively called die pursuant to end by echo ty herein set forth, does hereby nave, aautihrfe and appoint C. LaVonne Eneeman all of the sly of Kansas C itv stale of MO its true and lawful attorney -in -fact, with full power and authority hereby conferred to sgn, execute and acknowledge the foltowinp suety bond- Principal Now Vance Brothers. Inc. ObligeeNans: County of Weld Surety Bondalumber. 38S225557 Berl Amount: See Bad Form MI WITNESS WHEREOF, this Power of Altamey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 21st day of March 2024 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company STATE OF PENNSYLVANIA ss COUNTY OF MONTOOtvERW On this 21st day of March 2024 , before me personally appeared David M. Carey, who acknowledged hihaet to be the Assistant Seaetary of Lbedy Mutual Insurance Ccrnpany, The Oho Casualty Company, and West American Insurance Company. and that he, as such, being authorized so to do, execute the foregoing instrument fort e purposes therein contained ed by signing on behalf of the corporations by himself as a duly authorized officer. IN WITIdSS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the dm/ and year fast above written. Comenarrmal h of Panasyha hie - Notary anu Teresa Palen, Notary KM Montgomery County My cornmissioneMp. eMara 2e.2025 Commaaon number 1126044 Member. PoneyNaNe Ammewnm al NoWs• This Power of Attorney is made and executed pursuant b and by authority of the foaming By-laws and Authorizations of The Ohio Casualty hhs rani Company, Liberty WWI Insurance Company, and West American Insuranos Company which resolutions are now in full force and ailed reading as follows- ARTICLE IV — OFFICSIS: Section 12. Power of Attorney. Any officer or other offcial of the Corporation authorized for that purpose in writing by the Chan en or the President and subjed c such limitation as the Chairmen or the President may prescribe. shall appoint such attorneys -in -fact, es maybe necessary to ad in tenet of the Corporation to make, execute, seat edmowledge and delver as surely any and all undertakings. bonds. nuances and other surety obligations. Such attorneys -in -fact, subject to the o01l0aons set forth in areA respective towers of attorney. shall have full power to bind the Corporation by their signature and exenution of any such rrebur ienta and to attach Maratha sal of the Corporation. When so executed. such insbunents shall be a9 bndng as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -Mad fact under the provisions of this afidemay be reveled at any lime by the Board, the Chairman, the President or by the officer or officers granting such power or autarily. ARTICLE XII - Executor of Contracts: Section 5. Surety Bads and Undertakings. Any officer of the Company authorized for that purpose n writing by the chairmen or the president and subject to such limitations as the chairman or the president may prescribe, shalt appoint such attorneys -brit, as maybe necessary to ad in behalf of tie Cmthany to make, made, seal, acknowledge and deliver as suety any and al undertakings, bonds. recogn¢enoes and other surety obligations. Such attorneys -in -fact subject to the limitations set forth n their respective powers of attorney, shat have full power to bind the Company by their signature and weaken of any such instruments and to attach thereto the seat of the Company. When so executed such instruments shall be as binning as if signed by the preedent and attested by the aeaefary. Certificate of DeslpnetIon -The President of the Comic y, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys- nfad as maybe necessary le ad on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and ail mdertakirgs, bonds, recognizares and other surety obligations. Authorization - By unanimous consent of the Compares Board of Directors, the Company consents that facsimile or mechanically reproduced sipnalure of any assistant secretary of the Company, wherever apeearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shat be valid and biding upon the Company wilh the same forcthand effect as though manualy affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, of Liberty Mutual Insurance Company, The Ohio Casually Insurance Company, y, and West American Insurance Company do hereby cerdy that this power of attorney executed by said Companies is in full force and efted and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and sliced the assts of said Companies this 21st day of March 2024 . BY:P4") Teresa Pastels, Notary Public By: LAIC, OCIC, WAIc - T81,092023 C. Llnaeayn. Aseisfant Secretary PERFORMANCE BOND Bond No.39S225557 PROJECT: PAVING FABRIC SUPPLY AND INSTALATION RENEWAL FOR 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 called Contractor, and a (Corporation, Partnership, or Individual) Liberty Mutual Insurance Company hereinafter (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. P.O. Box 758, 1111 H Street, Greeley, Colorado 80632, hereinafter called Owner, in the penal sum of ** Dollars, ($ 1,003,289.02 ), 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. **One Million Three Thousand Two Hundred Eighty Nine Dollars and 02/100 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 Paving Fabric supply and Installation Renewal for 2024 described in the Invitation for Bids, Bid No. B2300147 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. PERFORMANCE BOND PROJECT: PAVING FABRIC SUPPLY AND INSTALLATION RENWAL FOR 2024 IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of Vance Brothers, Inc. Contrac or Vw (SEAL) , 2024. (Contractor) Secretary Dieu) Vance( Q U► ee pr' s derrf (Witness as to Contractor) 380 W. 62nd Avenue (Address) Denver, CO 80216 ATTEST: See attached Power of Attorney (Surety) Secretary (SEAL) Witness a o Surety Lee's Summit MO (Address) 380 W. 62nd Avenue Denver, CO 80216 Liberty Mutual Insurance Company BY C•`PnuwuFinuw, Attomey-in-Fact , C. LaVonne Engeman C/O Thomas McGee Group, A Division of Risk Strategies (Address) (Address) 120 W. 12th St., Suite 1000 Kansas City, MO 64105-1938 816-842-4800 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 REQUEST #62300147 Page 2 Bond No.39S225557 LABOR & MATERIALS PAYMENT BOND PROJECT: PAVING FABRIC SUPPLY AND INSTALLATION RENEWAL FOR 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 175 Berkeley Street (Name of Surety) Boston, MA 02116 / Phone No. 617-357-9500 (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 One Million Three Thousand Two Hundred Eighty Nine Dollars and 02/100 Dollars ($ 1,003,289.02 ), 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: Paving Fabric Supply and Installation Renewal for 2024 described in the Invitation for Bids, Bid No. B2300147. 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 REQUEST #82300147 Page 3 This Power of Attorney limits the ateb of these named herein, end they have no authority to Liberty bind the Company except In the manner and to the extent Main elated. Mutual. SURETY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Otto Casualty Inaaance Company is a corporation duty organized under the time of the State of New Hanpahire, that Liberty Mutual Insurance Company a a corporation duty organzed under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies"), pursuant b and by authority herein set forth does hereby name, constitute and appoint C. LaVonne Eneeman all of the city of Kansas City state of MO its true and lawful attorney -in -fact, with full power and authority hereby conferred to sign, execute and acknowledge the following suety bond: Principal Naaa: Vance Brothers, Inc. Crape Nana: County of Weld Surety Bond Number. 39S225557 Bond Amount See Bond Form IN WITNESS WHEREOF, this Power of Attorney has been subscnbed by an authorized officer or official of the Companies and the corporate seeb of the Compaties have been affixed ...this 21st day of March 2024. Liberty Mutual Instance Company The Ohio Casualty Insurance Company West American Insurance Company By STATE OF PENNSYLVANIA os COUNTY OF MONTGOMERY David M. Carey. Assistant Secretary On this 21st day of March 2024 , before me personalty appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, end West American Insurance Company, e d that he, as such, being authorized so to do, execute the foregoing instru ant for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer IN WITNESS WHEREOF, there hereunto subacnbed my name and affixed my notarial seal at Plymouth Meeting, Pemsytvanb, on the day and year lust above written. Oonmonaco Sr of Perna faane • Nee ask Tares* Pagel., NOW, Pubaa Momgommy Cooly My commission expiresr 2a.2025 COmrroewnnumber ltzeea4 Liztz, Teresa Pastella. Nobly Public &Umber. Pann.aniiiAseoo .tiNmnn Thies Power of Attorney is ma. and executed pursuant to and by authority d the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and Wad American Insnaloe Company which resolutions are now in full force aid effect reading as follows: ARTICLE N — OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Garman or the President, and subject to such limitation as the Chairman or the President may preeamba. shall appoint such attorneys -Wad, es maybe necessary b ad m behalf of the Comorabon b mace, execute, seal, adarowtedge aid delver as surely any and all undertakings, bads. reeognizarces and other surety otipatiars. Such attorneys -in -fact subject to the limitations sat forth in their respective powers of attorney. shill have full power to'Ind tie Corporation by their signature and execution of any such instruments and to attach the. the seal of the Corporation. When so mailed, such instruments shall be as biding as it signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of Into article maybe revoked at any lime by the Board, the Chairman, the President or by the officer or officers grant ig such power or authority. ARTICLE XII — Exeadbn of Contracts: Section 5. Surely Bands and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president and subject to such limitations as the chairmen a the president may prescribe, shell appoint such attorneys•in-fact, as may be necessary to ad n behest of the Company to mace, execute, seal, acknowledge and deliver as surety any and at undertakings, bonds. reokgnaanaes aed otter surety obligations. Such a.m.-inn-fadt abject to the limitations set forth n their respective powers of attorney, shall have (Meaner to bind the Company by their apnahre and execution of any such instruments and b attach thereto the anal d the Company. When so executed such instruments anal be as birrr5ng as if signed by the president and attested by the sioefary. Certificate of Designation —ice President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey. Assistant Secretary toappdnt such attorneys - intact as may be necessary toed on behalf of the Company to make, execute, seal, admowiedge and deliver as surety any and at undertakings, bonds, recognizance. and other surety obligations. Authorization — By unanimous consent of the Company's Board d Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Comply in connection with surety bonds, shall be valid and binding upon the Company with the sane force end effect as though manually affixed. I. Renee C. Llewellyn, the undersigned, Assistant Secretary, of Liberty Mutual Insurance Cmpany, The Ohio Casualty Insurance Company, and West American Insurance Company do hereby certify that this pow(of attorney axecded by said Companies is in full fate and effect and has not been awaked. IN TESTIMONY WHEREOF, I have hereunto set my hand and attired the seas of said Companies this day of 2024 . LAIC, OCIC, WAIL - 1,092023 sy: C. Llewellyn, Assistant Secretary ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE:377 4/3/2024 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 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 Hub International Mid -America 9200 Ward Pkwy Suite 500 Kansas City MO 64114 NAMEACT Certificate Department PHONE I FAX (A/c. No. E.), 816-708-4600 (Arc, No): 816-203-4425 nooRess: HUB-KC.Certificates@HUBlnternational.com INSURER(S) AFFORDING COVERAGE NAIC5 INSURER A : Travelers Property Casualty Company of America 25674 INSURED VANCE. Vance Brothers, Inc. 380 62 West 62nd Avenue Denver CO 80216 INSURER B: Argonaut Insurance Company 19801 INSURER c : The Travelers Indemnity Company of America 25666 INSURER o : The Travelers Indemnity Company 25658 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1305542735 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. TN LTR TYPE OF INSURANCE ADDL SUER INSD WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) OLICY EXP (MM/DDAY) AWAY,' LIMITS D X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE LI OCCUR Y DT-CO-9M212947-IND-24 1/112024 1/1/2025 EACH OCCURRENCE $1,000,000 PRAM SESO(Aa occur ante) $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY Z Tar El LOC OTHER: PRODUCTS - COMP/OP AGG $ 2,000,000 C AUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY X HIRED AUTOS ONLY X MCS 90 SCHEDULED AUTOS X NON -OWNED AUTOS ONLY Y 810-9M352747-24-26 1/1/2024 1/1/2025 ( Ea accident) °aMaEg DSINGLELIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAR X OCCUR CLAIMS -MADE Y CUP -0M422002-24-26 1/1/2024 1/1/2025 EACH OCCURRENCE $10,000,000 AGGREGATE $ 10,000,000 I DED I X I RETENTION $ 1n Dnn g WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTLNUED XECUTIVE OFICER/MEMBEREXCLUDED? � (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A WC92906828551 1/1/2024 1/1/2025 0 I STATUTE I ERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Paving Fabric; Weld County Public Works is Additional Insured as respects the General, Auto, Pollution and Umbrella Liability policies. 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 30 -Days written notice to the Weld County Controller by certified mail, return receipt requested. CERTIFICATE HOLDER CANCELLATION Weld County Public Works SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1111 H Street PO Box 758 AUTHORIZED REPRESENTATIVE Greeley, CO 80632 I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract For Entity Information Entity Name VANCE BROTHERS INC Entity ID* @00004325 Contract Name" PAVING FABRIC SUPPLY AND INSTALLATION - 2024 RENEWAL Contract Status CTB REVIEW Contract ID 8018 Contract Lead * JHOLBROOK O New Entity? Parent Contract ID 20232328 Requires Board Approval YES Contract Lead Email Department Project # Jholbrook@co.weld.co.us Contract Description * CONTRACTOR SHALL SUPPLY AND INSTALL APPROXIMATELY 58,197 SY OF TENSAR 8511 AND 52,096 SY OF MIFAFI MPG4 FOR THE 2024 CONSTRUCTION/PAVING SEASON. Contract Description 2 Contract Type" CONTRACT Amount* $1,003,289.02 Renewable" YES Automatic Renewal Grant IGA Department Requested BOCC Agenda Due Date PUBLIC WORKS Date* 04/06/2024 04/10/2024 Department Email CM- PublicWorks@weldgov.co Department Head Email CM-PublicWorks- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM If this is a renewal enter previous Contract ID 20232328 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? YES Bid/RFP #* B2300147 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 * 01/01/2025 Committed Delivery Date Renewal Date* 02/17/2025 Expiration Date 05/01/2025 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 04/08/2024 Approval Process Department Head Finance Approver Legal Counsel .CURTIS HALL CONSENT CONSENT DH Approved Date Finance Approved Date Legal Counsel Approved Date 04/08/2024 04/08/2024 04/08/2024 Final Approval BOCC Approved Tyler Ref # AG 041524 BOCC Signed Date Originator JHOLBROOK BOCC Agenda Date 04/15/2024 4nkvac-1- (NI 13-1() WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & VANCE BROTHERS, INC 2023 PAVING FABRIC AND INSTALLATION THIS AGREEMENT is made and entered into this j ,day of SepletylizeY , 2023 by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, 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. B2300147'. The RFP contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit A which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"), to perform the services described on attached Exhibits A and B. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those wen+ EGOO 2 Z3-Z3Z6 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 of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. Allowable annual percentage increase will be based on the both the ENR construction cost index for Denver and the Denver, Aurora, Lakewood Consumer Price Index. 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 $777,856.25, which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty. Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies caused by contractors workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the construction completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above - described policies 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. Indemni : 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 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 injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. 'Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name 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. 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. 31. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 32. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 33. 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. I WITN S WHEREOF, the parties hereto have signed this Agreement this / day of , 204 CONTRACTOR: Vance Brothers, Inc By: Date 09/06/2023 Name: C Title: Vice President sL WELD COUttd_.0 J � �; oi ATTEST: BOARD OF COUNTY COMMISSIONERS Weld C n lerk to the =o rd WELD COUNTY, COLORADO BY: Deputy Cler S o the Boa e Freeman, Chair SEP 1 8 2223 02,3021 Exhibit A BID REQUEST NO. B2300147 WELD COUNTY DEPARTMENT OF PUBLIC WORKS CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR PROJECT: PAVING FABRIC SUPPLY AND INSTALLATION (WITH OPTIONS FOR 2024 AND 2025) July 2023 Weld County Public Works Pavement Management Division P.O. Box 758 1111 H Street Greeley, Colorado 80632 970-304-6496 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 3 Invitation for Bids 3-4 Instructions to Bidders 4-9 *Bid Schedule *Acknowledgment of Bid Documents *Bid Bond 32 33 10-11 *IRS Form W-9 12 *Statement of Qualifications and Subcontractors 13-16 WELD COUNTY CONTRACT FORMS *Low Bidder must submit these forms prior to Contract Award *Notice of Award 17 *Agreement 18-24 *Performance Bond 25-26 *Labor and Materials Payment Bond 27-28 Notice to Proceed 29 SPECIFICTIONS AND SCOPE OF WORK' Specifications and Scope of work Special Provisions Index Project Special Provisions Project location list Project Map 30-31 34 35-36 37 38 BID REQUEST #B2300147 Page 2 REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: July 17, 2023 BID NUMBER: B2300147 DESCRIPTION: 2023 Paving Fabric Supply and Installation DEPARTMENT: Weld County Public Works (Pavement Management) BID OPENING DATE: August 7, 2023 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: Weld County is soliciting bids from qualified firms to supply and place approx. 93,900 SY Tensar 8511 TF GlasGrid of paving fabric. Question submission deadline: July 25, by 10:00 AM. Email questions to: bids(weldgov.com. Answers will be posted on https://www.bidnetdirect.com/ on or before July 27, 2023, by 12:00 PM (NOON). Bids will be received until: August 7, 2023 at 100:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on August 7, 2023 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 Administration Building, Fort St. Vrain Meeting Room, 1150 O Street, Greeley, CO 80631. Phone number: 720-439-5261 Phone Conference ID: PAGES 1 - 9 OF THIS REQUEST FOR BIDS CONTAINS GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 - 9 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 9. 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. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Delivery to Weld County: A. Emailed bids are required. PREFERRED: email bids to bids(weldgov.com; however, if your bid BID REQUEST #B2300147 Page 3 exceeds 25MB please upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. 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. 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 BID REQUEST #B2300147 Page 4 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. 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 BID REQUEST #B2300147 Page 5 bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder I Disadvantaged Business Enterprises Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award J Procurement and Performance The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement K Term The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid L Termination County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement M Extension or Modification Any amendments or modifications to this agreement shall be in writing signed by both parties No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder 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 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 BID REQUEST #B2300147 Page 6 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 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 any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. 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. V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners 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 BID REQUEST #62300147 Page 7 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 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 its 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 BID REQUEST #B2300147 Page 8 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. 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 REQUEST #B2300147 Page 9 BID BOND PROJECT: 2023 Paving Fabric Supply and Installation 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 , 2023 for the PROJECTS: PAVING FABRIC SUPPLY AND INSTALLATION FOR 2023 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 , 2023 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing board. Principal Address ATTEST: By: ATTEST: By: By: Surety Address BID REQUEST #B2300147 Page 10 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 REQUEST #B2300147 Page 11 Form W-9 (Rev. August 2013) illinlentoFtheTreasuy Internal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send t0 the IRS. c,4 OI p, C `o v gai a` co !F • Name (as shown on your income tax return) Business name/disregarded entity name, if different from above Check appropriate box for federal tax classification: ❑ IndioduaVsole proprietor ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership)► ea ❑ other (sinstructions) lo. Trust/estate Exemptions Exempt payee Exemption code, any) (see instructions): code (if any) from FATCA reporting Address (number, street, and apt. or suite no.) Requester's name and address (optional) ity, state, and ZIP code List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line Social security number to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines 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 I am waiting fora number to be issued to me), and Employer identification number I I 2. jam not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Interval Revenue Service (IRS) that I am subject to backup withholding as a result of a' failure to report all interest or dividends, or (c) the IRS has notified me that l am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below), and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from 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 withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an 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 instructions on page 3. Sign Here Signature of U.S. person► Date ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Fuhre developments. The IRS has created a page on IRS.gov for information ab=ut Fonn W-9, at www.irs.gov/w9. Information about any future developments affecting Form W-9 (such as legislation enacted after we release it) will be posted on that page. Purpose of Form A person who is regtured to file an information return with the IRS must obtain your correct taxpayer identification number (1lN) to repot, for example, income paid to you, payments made to you in settlement of payment card and third party network transactions, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only rfyou are a U.S. person (including a resident alien), to provide your correct TIN to the parson requesting it (the requester) and, when applicable, to: I. Certify that the TIN you are giving is correct (or you are waiting fora number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you area U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. Note. ff you are a U.S. person and requester gives you a form other Ulan Form W-9 to request your TIN, you must use the requester's form if t is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rites for parbrerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, in certain cases where a Fam W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade a business in the United States, provide Form W-9 to the parthership to establish your U.S. status and avoid section 1446 withholding on you share of partnership income. Cat. No. 10231X Form W-9 (Rev. 8-2013) BID REQUEST #B2300147 Page 12 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, 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): 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. 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. BID REQUEST #62300147 Page 13 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 REQUEST #92300147 Page 14 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. BID REQUEST #62300147 Page 15 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 day of , 2023. 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, 2023. (SEAL) Commission Expires Notary Public BID REQUEST #B2300147 Page 16 NOTICE OF AWARD PROJECT: Paving Fabric Supply and Installation 2023 To: Project Description: Weld County is soliciting bids from qualified firms to supply and place approx. 93,900 SY Tensar 8511 TF GlasGrid of paving fabric. 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 , 2023 Weld County, Colorado, Owner By: Joshua Holbrook, Pavement Management Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this day of , 2023 By: Title: BID REQUEST #B2300147 Page 17 SAMPLE - SUPPLY AGREEMENT BETWEEN WELD COUNTY AND *CONTRACTOR - THIS AGREEMENT is made and entered into this day of , 202_, by and between the Board of Weld County Commissioners, on behalf of [DEPARTMENT], hereinafter referred to as "County," and [CONTRACTOR], hereinafter referred to as "Contractor". WHEREAS, County requires an independent contractor to supply materials to County as set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability to supply the required materials at or below the cost set forth in the attached Exhibits in accordance with the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B Exhibit B consists of Contractor's Response to County's Request. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. The material and/or equipment shall be delivered to the location(s) specified herein. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement, and ends one year later. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon ninety (90) days written notice to County. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving notice to cure such breach. Nothing herein shall be construed as giving Contractor the right to provide materials or services under this Agreement beyond the time when such materials or services become unsatisfactory to the County. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all completed or partially completed Work under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, BID REQUEST #B2300147 Page 18 except for compensation for work satisfactorily performed and/or materials described herein properly delivered I 5 Extension or Amendment Any amendments or modifications to this agreement shall be in writing signed by both parties No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services 6 Compensation, Invoicing Upon Contractor's delivery of materials to County at the location described in the Exhibits, and County's acceptance of the same, County agrees to pay Contractor as set forth in the Exhibits No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C R S 29-1-101 et seq ) and the TABOR Amendment (Colorado Constitution, Article X, Sec 20) Unless otherwise provided in the Exhibits, Contractor shall invoice County for all materials supplied by Contractor under this Agreement within thirty (30) days of acceptance of such materials by County, and County shall remit payment to Contractor for all undisputed funds within thirty (30) days of receiving such invoice County shall include a written explanation for the nonpayment of any disputed funds, and the parties shall cooperate to resolve the dispute in a reasonable timeframe 7 Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement 8 Subcontractors Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion 9. Warranty I Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner,, consistent with industry standards, and that all services will conform to applicable specifications Contractor warrants that it has title to the materials supplied and that the they are free and clear of all liens, encumbrances, and security interests In addition to the foregoing, all work performed pursuant to this Agreement is subject to a minimum one-year warranty period, unless a greater time is stated in the Exhibits, during which the Contractor must correct any failures or deficiencies This warranty shall commence on the date of County's final inspection and acceptance of the materials The Contractor warrants that the materials to be supplied pursuant to this Agreement are fit and sufficient for the purpose intended, they are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship, and the materials sold to Weld County pursuant to this Agreement conform to the minimum specifications as established herein Service Calls in the First One Year Period Contractor shall bear all costs for mileage, travel time, service trucks, and any other costs accrued in the servicing (including repairs) of any of the materials purchased by BID REQUEST #B2300147 Page 19 County pursuant to this Agreement for as many service calls as are necessary for the first one (1) year period after said materials are first supplied to Weld County 10 Acceptance of Services Not a Waiver In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally 11 Insurance Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period For all coverages, Contractor's insurer shall waive subrogation rights against County a Types of Insurance Workers' Compensation /Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment The policy shall contain a waiver of subrogation against the County This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act , AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work Such policy shall include minimum limits as follows $1,000,000 each occurrence, $1,000,000 general aggregate, $1,000,000 Personal injury $5,000, Medical payment per person Automobile Liability Insurance Contractor 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 b Proof of Insurance Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion Contractor shall provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured c Subcontractor Insurance Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above described insurance prior to thei commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County d No limitation of Liability The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types The Contractor shall maintain, at its own expense, any additional kinds or BID REQUEST #62300147 Page 20 amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. e. Certification of Compliance with Insurance Requirements. 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 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. 12. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement 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, judicial decision, or other 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. 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. 13. 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. 14. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 15. 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. 16. Notices. County may designate its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative as identified below. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or BID REQUEST #B2300147 Page 21 Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: N ame: Position: Address: Address: E-mail: Phone: TO COUNTY: N ame: Position: Address: Address: E-mail: P hone: 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 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 Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. BID REQUEST #B2300147 Page 22 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 Agreement. 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 or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not 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 this Agreement 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 subcontract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5- 103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 29. 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. BID REQUEST #B2300147 Page 23 30. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: By: Name: Title: Date of Signature WELD COUNTY: ATTEST: Weld County Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Mike Freeman, Chair BID REQUEST #B2300147 Page 24 PERFORMANCE BOND PROJECT: PAVING FABRIC SUPPLY AND INSTALATION FOR 2023 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 , 2023, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT Paving Fabric supply and Installation for 2023 described in the Invitation for Bids, Bid No. B2300147 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 REQUEST #82300147 Page 25 PERFORMANCE BOND PROJECT: PAVING FABRIC SUPPLY AND INSTALLATION FOR 2023 IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this Contractor (Contractor) Secretary (SEAL) day of , 2023. By (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 REQUEST #B2300147 Page 26 LABOR & MATERIALS PAYMENT BOND PROJECT: PAVING FABRIC SUPPLY AND INSTALLATION FOR 2023 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 , 2023, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: Paving Fabric Supply and Installation for 2023 described in the Invitation for Bids, Bid No. B2300147. 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 REQUEST #B2300147 Page 27 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 2023. 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 REQUEST #B2300147 Page 28 NOTICE TO PROCEED PROJECT: Paving Fabric Supply and Installation for 2023 To: Date: PROJECT: Paving Fabric Supply and Installation for 2023 described in the Invitation for Bids, Bid No. B2300147. 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 Joshua Holbrook, Pavement Management Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: (Contractor) Dated this day of , 2023. By Title BID REQUEST #B2300147 Page 29 1. Purpose Weld County is soliciting bids from qualified firms to supply and place approx. 93,900 SY Tensar 8511 TF GlasGrid of paving fabric for the 2023 construction season. Mirafi MPG' composite paving grid and asphalt cement line item is included in the bid schedule for the 2024 and 2025 construction season. SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: 2. General Conditions and Scope: 1. Weld County will supply all traffic Control during the placement of the fabric/grid. 2. Weld County will clean/sweep surface prior to placement of fabric/grid. 3. Contractor shall provide all equipment and materials to install. 4. Installation shall be done in accordance with manufactures specifications. 5. Asphaltic cement binder and application rate shall be based off the manufactures specification and will not be paid for separately (2024 projects). 6. Fabric/grid rolls will be furnished with suitable wrapping for protection against moisture and extended ultraviolet exposure prior to placement. Each roll will be labeled for tagged to provide product identification for inventory and quality control purposes. 7. Certificates of Complicate shall be submitted for each product. 8. Fabric/grid will be placed with minimum wrinkling. As directed by County representatives, any wrinkles or folds will be slit and laid flat. 9. Weld County anticipates that roads will be ready for fabric/grid placement by Sept 1, 2023 (see project location map and list starting on page 38) 10. Weld County Pavement Management paving personnel normally works 6:00am to 4:30pm Monday through Thursday during the summer construction season. 11. Payment for in -place pavement fabric/grid will be for the total area coverage in square yards, not by the number of rolls used. 3. Contacts: Questions related to the project and procedures should be directed to: Josh Holbrook — Pavement Management Supervisor Weld County Public Works 970.301.2622, ext. 3744 jholbrook@weldgov.com The successful vendor is required to sign a separate contract (a sample contract is included as a separate attachment.) BID REQUEST #82300147 Page 30 4. Terms and Conditions: Vendor will be required to sign Weld County's Construction Services Agreement. A sample Construction Services Agreement is attached to this document. These agreements will dictate procedures for establishing and executing work order type contracts. The payment for services shall be based on unit prices and reimbursement rates for completed services as described under the Scope of Services. The vendor shall include in their proposal a detailed list of unit costs and reimbursement rates for the services requested. The Construction Services Agreement shall commence approximately September 2023 and continue in full force and effect for one year. At the option of the County, the Construction Services Agreement may be extended for up to four (2) additional years. Increases in the Unit Cost may be negotiated for subsequent renewal of the second and third additional one-year periods. Price changes in the fee schedule will be negotiated by and agreed to by both parties and any increases shall not exceed the Denver -Aurora - Lakewood CPI Index and percent change from one year to the next for Asphalt paving PG 58 Emulsion, slow set ENR cost. The Contract may and will be used at the option of other Weld County Departments. BID REQUEST #62300147 Page 31 2023 BID SCHEDULE ITEM ITEM DESCRIPTION UNIT EST QTY UNIT PRICE ($) TOTAL PRICE ($) 101 Mifafi MPG4 SY 0 (for 2023) 102 GlasGrid 8511 TF SY 93,900 103 MOBILZATION EA 1 TOTAL 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. #B2300147 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) DATE CITY, STATE, ZIP CODE 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 REQUEST #B2300147 Page 32 ACKNOWLEDGEMENT OF BID DOCUMENTS The following items must be completed and submitted with your bid on or before the bid opening deadline of 10:00 AM on August 8, 2023: ❑ 2023 Bid Schedule. ❑ Acknowledgment of Bid Documents ❑ Bid Bond ❑ IRS Form W-9 ❑ Statement of Qualifications and Subcontractors ❑ Receipt of addenda(s), if any, should be signed. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. I have initialed each of the above items and have fully executed the corresponding documents. I hereby Acknowledge and understand the above required bid documents. (Contractor) Dated this day of , 20 By: Title: BID REQUEST #B2300147 Page 33 WELD COUNTY PUBLIC WORKS DEPARTMENT The most current version of the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction controls construction of this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. PROJECT SPECIAL PROVISIONS Revision of Section 101 — Definition of Terms 35-36 BID REQUEST #B2300147 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 "Colorado Department of Transportation, Standard Specifications for Road and Bridge Construction" most current addition. Where the Contract Documents, Project Special Provisions, or 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: Subsection 101.2: "CDOT Resident Engineer" shall mean an employee designated as such by the Weld County Public Works Department. Subsection 101.2: "Department" shall mean the Weld County Public Works Department. Subsection 101.2: "Chief Engineer" shall mean the Weld County Public Works Director or designated representative. Subsection 101.2: Holidays recognized by Weld County are: New Year's Day President's Day *Memorial Day (May 31 and June 1) Independence Day Labor Day Veterans Day *Thanksgiving (November 25 and November 26) Christmas (December 24) *Verify with the project manager which days are considered the extra days. When one of the holidays falls on a Sunday, the following Monday shall be considered a holiday. When one of the holidays falls on a Saturday, the preceding Friday shall be considered a holiday. Subsection 101.2: "Inspector" shall mean an employee designated as such by the Weld County Public Works Department. Subsection 101.2: "Pre -construction Conference" shall mean a meeting of Weld County personnel, Contractor project personnel, and other stakeholders held prior to the beginning of construction at which topics pertinent to the successful prosecution of the work are discussed. Subsection 101.2 "Project Engineer" shall mean an employee designated as such by the Weld County Public Works Department. Subsection 101.2: "Region Transportation Director" shall mean Weld County Public Works Director or designated representative. Subsection 101.2: "Roadway Prism" shall be defined as the prism of embankment extending from toe of embankment slope to the opposite toe of embankment slope. Subsection 101.2: "State" shall mean Weld County. BID REQUEST #B2300147 Page 35 2 REVISION OF SECTION 101 DEFINITION OF TERMS Subsection 101.2: "Substantial completion" shall mean the completion of all payable work as shown on the pay application. Only non -payable or minor items, as determined by Weld County, may be placed on the punch list. 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 REQUEST #B2300147 Page 36 Weld County Paving Fabric 2023 LOC'A1 iON of PR(_)JE(_' l ? From Width (It) Length (II) Length TOTAL (miles) Square Yards 77 I S1114 ('R 100 32.00 26.400.0!) 5.00 9..x66.67 OTALS SQUARE YARDS: 5.00 93,866.67 BID REQUEST #B2300147 Page 37 2023 paving Fabric ! WCR 77 July 17. 2023 Pit FM OPS Roads 1:662,022 0 4 25 8.5 17n I 1 0 5 10 20 Km BID REQUEST #B2300147 Page 38 Paving Fabric Supply and Installation Bid Request No. B2300147 Weld County, Colorado ADDENDUM NUMBER ONE The following shall be incorporated into the CONTRACT DOCUMENTS, for the above -referenced PROJECT: A. Contractor Questions and Responses B. Revised Bid Schedule July 27,2023 All other terms and conditions of the CONTRACT DOCUMENTS shall remain unchanged. BIDDER must acknowledge receipt of this addendum in the space provided in the BID. Failure to acknowledge receipt of an ADDENDUM may be cause for rejection of the BID. A. CONTRACTOR QUESTIONS AND RESPONSES 3. Bid Schedule The paving fabric placement width has been changed to 30', which has resulted in a new Estimated square yard for Item 102. A revised Bid Schedule is attached to this addendum. 4. Question 1: How many days of paving are anticipated during the placement of the TF811? Answer: 13 to 15 days 5. Question 2: Will the contractor have to supply the Pneumatic roller for placement of the fabric? Answer: No, Weld County will supply the roller and operator. 2023 BID SCHEDULE ITEM ITEM DESCRIPTION UNIT EST QTY UNIT PRICE ($) TOTAL PRICE ($) 101 Mifafi MPG4 SY 0 (for 2023) 102 GlasGrid 8511 TF SY 88,555 103 MOBILZATION EA 1 TOTAL 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. #B2300147 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 (Please print) BUSINESS ADDRESS 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. Exhibit B Rose Everett From: Sent: To: Cc: Subject: Attachments: Katherine Miller <kmiller@vancebrothers.com> Monday, August 7, 2023 9:44 AM bids Mike Wright Paving Fabric Supply Bid B2300147 VB Weld County Paving Fabric Bid B2300147 23.08.07.pdf Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Attached for your consideration is Vance Brother's bid for the 2023 Paving Fabric Supply & Installation project bid #B2300147, should you have any questions feel free to contact myself or mwright@tvancebrothers.com. Katie Miller — Contract Adminstrator 380 W 62^d Ave. Denver, CO 80216 303.341.2604 main kmiller@vancebrothers.com brothers 2023 BID SCHEDULE ITEM ITEM DESCRIPTION UNIT EST QTY UNIT PRICE ($) TOTAL PRICE ($) 101 Mifafi MPG4 SY 0 (for 2023) $8.60 102 GlasGrid 8511 TF SY 88,555 $8.75 $774,856.25 103 MOBILZATlON EA 1 $3,000.00 $3,000.00 TOTAL $777,856.25 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. #B2300147 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 BY Mike Wright (Please print) BUSINESS ADDRESS 380 West 62nd Avenue CITY, STATE, ZIP CODE Denver, CO 80216 TELEPHONE NO 303 341-2604 DATE 08/07/2023 (303) 341-2036 TAX ID # 44-0577983 SIGNATURE / i / E-MAIL mwriaht ivancebrothers.com MiKe Wright, Proje t Manager/Estimator WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. ACKNOWLEDGEMENT OF BID DOCUMENTS The following items must be completed and submitted with your bid on or before the bid oaening deadline of 10:00 AM on August 7, 2023: Ef 2023 Bid Schedule, O Acknowledgment of Bid Documents O Bid Bond d IRS Form W-9 • Statement of Qualifications and Subcontractors O Receipt of addenda(s), if any, should be signed. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. I have initialed each of the above items and have fully executed the corresponding documents. I hereby Acknowledge and understand the above required bid documents. Vance Brothers, Inc (Contractor) 2023 Title: Chris Lee, Vice President BID REQUEST #82300147 Page 33 BID BOND PROJECT: 2023 Paving Fabric Supply and Installation 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 Percent of Amount Bid Dollars ($ 5% ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. *Liberty Mutual Insurance Company THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated August 7 , 2023 for the PROJECTS: PAVING FABRIC SUPPLY AND INSTALLATION FOR 2023 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 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 August 7 , 2023 the name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative pursuant to authority of its governing board. Principal Vance Brothers, Inc. ATTEST: ft pf € l) anee , Secret-ar Altt g,,,...'cSurety Witness. By: Address 380 W. 62nd ° • nue By Surety iberty Mutual Insurance Company Address 175 Berkeley Street, Boston, MA _02116 tri5 Lee, Vice pres By. e s i4ttc.rt-Y C. LaVonne Engeman, Attorney -in -Fact BID REQUEST #B23u0147 Page 10 This Power W Attorney limits the acts er those named herein, and they have na authority to bind the Company except in the manner and to the extent herein stated. Not valid fora mortgage, note, loan, letter of credit, bank deposit, currency rate, interest rate or residual valtre guarantees. For band and/or Power of Attorney (POA) verification inquiries, please call N10 83241240 or email HOSUR5Iibertymutuat.com. Liberty Mutual. SURETY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corpora. duly organized under the laws of the Stale of New Hampshire. that Liberty Mutual Insurance Company is a corporation duly organized under .laws of the Stale of Massachusetts. and West American Insurance Company s a corporation duly organized under the laws of the State of Indiana therein collectively called the 'Companies', pursuant to and by authority herein set forth, does hereby name, constitute and appoinLc Lava+ne Eno.. of the city of Ka11SaS C1ty . state of MO its true and lawfi,l attorney in -fact, with full power and authority hereby conferred to sign, execute and acknowledge the following surely bond: Principal Name: Vance Brothers, Inc. Obligee Name: Weld County Surety Bond Number. Bid Bond Bond Amount See Bond Form IN WITNESS WHEREOF. this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 12r day of March. Egi. STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY sy: The Ohio Casualty Insurance Company Liberty Mutual Insurance Company WynJu medean Insurance Company Assistant Secretary On this 12" day of March. 2021, before me personally appeared David Al Carey, who acknowledged himself to be the Assistant Secretary of liberty Mutual Insurance Company. The Ohio Casualty Company, and West American Insurance Company, and that he as such, being authorized so to do, execute the foregoing Instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duty authorized officer IN WITNESS WHEREOF. I have hereunto subscribed my name and affixed my notarial seat al Kim of Prussia Pennsylvania an the day and year first above written Commonweh obPennsylvania -Notary Seal Terealtsa Pastella, NotaryPublic Montgomery County My commission expires March 28. 2025 Commission number 1126O44 Member Pennsylvania Association of Notaries This IxawEnalMameey sr lade and executed pursuant to and by aurhanty or me'Wa a, By-laws ono ooeonzahons al Liberty Mutual Insurance t:cmpany I he Uhl° I:asualy Insurance Company and West American Insurance Company which resolutions are now in full force and effect reading as fellows: ARTICLE IV - OFFICERS - Section 12 Power or Attorney. Any officer or other official of the Corporation authorized for rear purpose in writing ay me Chairman or Me President and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as maybe necessary to act in behalf of the Corporation to make, execute. seal, acknowledge and deliver as surely any and all unde obits. bonds, recognizances and other surety obligations. Such attorneys-in.faci subject to the limitabons set forth in their respective powers of attorney. shall have lull power to bind the Corporabon by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney - in -fact under the provisions of this article maybe revoked at any time by the Board. the Chairman. the President or by the officer or officers granting such power era authority ARTICLE XIII - Execution of Contracts - SECTION 5 Surely Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as me chairman or the president may prescribe, shall appoint such allomeys-in-fact as maybe necessary to actin behalf of the Company to make, execute. seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations Such attorneys -infect subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company When so executed such instruments shall be as binding as if signed by the president and attested by the secretary Teresa Pastelfe. Notary Public Certificate of Designation - The President of the Company acting pursuant to the Bylaws of the Company. authorizes David M. Carey, Assistant Secretary to appoint such attomeyeun- facl as maybe necessary to act on aehalt of the Company to make. execute. seal, acknowledge and deliver as surety any and all tnderlakings, bands recog.ances and other surety obligations Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mocha n.ly reproduced signature & any assistant secretary of. Company, wherever app5anng upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed I, Renee C Lleweuyn. the undersigned. Assistant Secretary, of ubeny Mutual Insurance Company. The Ohio Casualty Insurance Company. a do hereby certify that Ihis power of atf y executed by sad Companies ism lull force and effect and has riot been (evoked. ' rid West American Insurance Company IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 7. day al Altgust 2O23 By: Renee C. Uewellyn. Assistant Secretary Farm W-9 (Rev. October 2018) Department of the T Internal Revenue Servicery 0 ai c ao ti c a .� a� Request for Taxpayer Identification Number and Certification D. Go to www.irs.gov/FonnW9 for instructions and the latest information. 1 Name (as sho+vn on your income talc return). Name is required on this fire: do not leave this line blank Vance Brothers, Inc. Give Form to the requester. Do not send to the IRS. name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of th following seven boxes. ❑ Individual/sole proprietor or ❑ C Corporation 0 S Corporation ❑ Partnership ❑ Trust/estate single -member LLC ❑ Limited liability company. Ester the tax classification (C=C corporation, S=S corporation, P=Partnership) ► Note: Check the appropriate box In the line above for the tax classification of the angle -member owner. Do not check LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC Is another LW that is not disregarded from the owner for U. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. 0 Other {see irtslructions) ► 5 Address (number, street, and apt. or suite no.) See instructions. 5201 Brighton S coy, state, and ZIP code Kansas City, MO 64130-0107 4 Eontrptions (codes apply only tc certain entities, not i riri'd ls; see Instructions on page 3): Exempt payee code (i any) Exemption from FATCA reporting code (if any) (MP. ro accwns mamtanaa mis'de me u sJ Requester's name and address (optional) Ust account number(s) here (optional) • Taxpayer Identfi ai"on Number (TIN) Enter your TIN in the appropriate box. The 11N provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TiN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Mal Certification Under penalties of perjury, 1 certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting fora number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a famlure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting in correct. Certification instructions. You must cruse out item 2 above if you have peen novae° oy the IRS that you are currently Subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are rot required to sign the certification, but you must provide your correct TIN. See the instructions for Perin, later.. Sign I Slgnahire of Here u.s. person ► Sael. number iii or I 1 Employer identification number 4 4 0 5 7 7 4 3 Date. g(3ja3 General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to wwwlrs.gov/F0m1W9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (11N) which may be your social security number (SON), individual taxpayer identification number (MN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Exemptes of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DiV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Foss 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you area U.S. person (including a resident alien), to provide your correct TIN. tf you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-201 0) STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: 08/03/2023 All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable, responsible, and qualified bidder as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. 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: 12/31/1958 4. Number of years this Company has been engaged similar construction: 65 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? N/A 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: City of Greeley $ 730,610.00 10/2023 City of Ft Morgan Town of Platteville $176,050.00 9/2023 $45,573.00 8/2023 6. List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. NtA 7. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. N/A 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. N/A BID REQUEST #82300147 Page 13 9. List all contracts within the fast 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. N/A 10. Has any owner, as party to any of the Company's contracts within the last 3 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc., or attempted to have the performance bond invoked? If yes, explain in detail. 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: 2022 City of Greeley Overlay Project Location: Greeley Supt: Owner's Representative: Roper Marquiss-Martin Marietta Completion Date: 10/2022 Phone: 970-556-0119 Contract Amount: $810,350.00 BID REQUEST #B2300147 Page 14 Project Name: 2022 Weld County Paving Fabric Supply & Install Project Location: WCR 23 6 to SH 52 Owners Representative: Josh Holbrook Completion Date: 10/2022 Supt Phone: 970-301-2622 Contract Amount: $383,576.00 Project Name: 2021 Town of Alliance Pavement Rehab Project Location: Alliance, NE Owners Representative: Rod Bales Completion Date: 9/2021 Supt Phone: 308-631-7240 Contract Amount: $61,124.00 14. List all 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 N/A % 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 Mike Wright Cody Vance YRS. PERTINENT TITLE EXPERIENCE Project Manager 20+ Foreman 5 16. List all lawsuits previously filed against or currently pending against you, the Company, or any officers of the Company. N/A BID REQUEST #B2300147 Page 15 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 7th NOTARY County of Adams State of Colorado Chris Lee day of August Bidder. Vance Brothers, Inc By: Sign Name: Chris Lee (Please Type) 2023. Title: Vice President ss. deposes and says that he is Vice President (Title) Vance Brothers, Inc (Company Name) and all statements therein contained are true and correct. Subscribed and swom before me this August 7th day of, 2023. being duty sworn, of, and that the answers to the foregoing questions (SEAL) 12/07/2024 Commission Expires Katherine Daniel NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20164..6 297 Roza MY COMMISSION ..IR.ES BID REQUEST #B2300147 Page 16 Paving Fabric Supply and Installation Bid Request No. B2300147 Weld County, Colorado ADDENDUM NUMBER ONE The following shall be incorporated into the CONTRACT DOCUMENTS, for the above -referenced PROJECT: A. Contractor Questions and Responses B. Revised Bid Schedule July 27,2023 All other terms and conditions of the CONTRACT DOCUMENTS shall remain unchanged. BIDDER must acknowledge receipt of this addendum in the space provided in the BID. Failure to acknowledge receipt of an ADDENDUM may be cause for rejection of the BID. A. CONTRACTOR QUESTIONS AND RESPONSES 3. Bid Schedule The paving fabric placement width has been changed to 30', which has resulted in a new Estimated square yard for Item 102. A revised Bid Schedule is attached to this addendum. 4. Question 1: How many days of paving are anticipated during the placement of the TF811? Answer: 13 to 15 days 5. Question 2: Will the contractor have to supply the Pneumatic roller for placement of the fabric? Answer: No, Weld County will supply the roller and operator. Acknowledged by: /41,1,-1,---s. Mike Wright, Project Manager/Estimator S I( strategies 08/31/2023 Board of County Commissioners County of Weld, Colorado 1150 "0" Street Greeley, Colorado 80631 RE: Contractor. Vance Brothers, Inc. Bond No: 39S225506 Contract Price: $777,856.25 Project Weld County CO 2023 Paving Fabric Supply & Installation Project No. 82300147 Enclosed please find two (2) originals of the Performance, Labor and Material 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 &Wciuo 6wntri C. LaVor.ne Engeman Attorney -in -Fact 120 W. 12th Street, Suite 1000 • Kansas City, MO 64105-1938 • riskstrategies.com This Power of Attorney limits the acts of (hose named herein, and They have no authority to bind the Company except in the manner and to the extent herein stated. Not valid for mortgage. note, loan, letter of credit, bank deposit, currency rate, interest rate or residual value guarantees. For bond andlor Power of Attorney (POA) verification inquiries, please call 610-632.6240 or email HOSUR@tibertymutual.com. Liberty Mutual. SURETY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of Me Stale of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Stale of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the Stale o1 Indiana (herein collectively called the "Companies. , pursuant to and by authority herein set forth, does hereby name. constitute and appoint,...."... of the city of Kansas COO , state of MO its true and lawful attorney -in -fact, with full power and authority hereby conferred to sign, execute and acknowledge the following surety bond: Principal Name: Vance Brothers. Inc, Obligee Name: Weld County Surety Bond Number: 39S225506 Bond Amount: See Bond Form IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 12_' day of March, 2021, By: STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY The Ohio Casualty Insurance Company Liberty Mutual Insurance Company Weslmerlcan Insurance Company David Garay, Assistant Secretary On this 12'h day of Mar . 2021, before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he. as such. being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my nerve and affixed my notarial seal at Kino of Prussia- Pennsylvania on the day and year first above written Commonwealth of Pennsylvania - Notary Seal Teresa Pasteila, Notary Public Montgomery County My commission expires March 28, 2025 Commission number 1126044 Member, Pennsylverua Association of Notaries This Power of altedRyM made and executed pursuant to and by authority of the (allowing Bylaws and Aulhonzaoons of Liberty Mutual Insurance Company, I he Urn Casually insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV - OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or Me President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and ail undertakings, bonds, recognizances and other surety obligations. Such attorneys -intact, subject to the limitations set forth in (heir respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto he seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney - in -fact under the provisions of this arfirJe maybe revoked al any time by the Board, the Chairman. the President or by the officer or officers granting such pourer or authority. Teresa Pastella, Notary Public ARTICLE XIII - Execution of Contracts - SECTION 5 Surely Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, es may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surely obligations- Such attorneys -in -Tact subject to the limitations sat forth in their respective powers of attorney, shall nave full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey.. Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on oehalf of the Company to make, execute. seal, acknowedge and deliver as surety any and all undertakings, bonds, recognrzances and other surety obligators. Authorization - By unanimous consent of the Company's Board or Directors. the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C Llewellyn, the undersgned. Assistant Secretary. of Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company. and `Nest American insurance Company de hereby esoty that this power et snemey executed by said Companies is in lull force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have .nereunto set my hand and affixed the seals or said Companies this 31st day of August , 2023 By Renee C. L ellyn, Assistant Secretary PERFORMANCE BOND Bond No. 395225506 PROJECT: PAVING FABRIC SUPPLY AND INSTALATION FOR 2023 KNOW ALL MEN BY THE PRESENTS; that Vance Brothers, Inc. (Name of Contractor) 380 W. 62nd Avenue, Denver, CO 80216 Corporation (Address of Contractor) , 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, P.O. Box 758. 1111 H Street. Greeley, Colorado 80632, hereinafter called Owner, in the penal sum of ** Dollars, ($ 777,856.25 ), 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. **Seven Hundred Seventy Seven Thousand Eight Hundred Fifty Six Dollars and 25/100 THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of , 2023, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT Paving Fabric supply and Installation for 2023 described in the Invitation for Bids, Bid No. B2300147 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 REQUEST #B2300147 Page 25 PERFORMANCE BOND PROJECT: PAVING FABRIC SUPPLY AND INSTALLATION FOR 2023 IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of Vance Brothers, Inc. Contract r By (Contractor) Secretary Day Uance (SEAL) (Witness as to Contractor) 380 W. 62nd Avenue (Address) Denver, CO 80216 ATTEST: see attached Power of Attorney (Surety) Secretary (SEAL) Witness as to urety Lee's Summit, (Address) Missouri Y _ , 2023. Ch ris Lee, V ee Pres%clen - (Address) 380 W. 62nd Avenue Denver, CO 80216 Enocniarl Attorney -in -Fact, C. LaVonne Engeman do 120 W. 12th St., Suite 1000 (Address) Kansas City, MO 64105-1938 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 REQUEST #62300147 Page 26 Bond No. 39S225506 LABOR & MATERIALS PAYMENT BOND PROJECT: PAVING FABRIC SUPPLY AND INSTALLATION FOR 2023 KNOW ALL MEN BY THE PRESENTS; that Vance Brothers, Inc. (Name of Contractor) 380 W. 62nd Avenue, Denver, CO 80216 Corporation (Address of Contractor) 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, P.O. Box 758, 1111 H Street, Greeley, Colorado 80632, hereinafter called Owner, in the penal sum of Seven Hundred Seventy Seven Thousand Eight Hundred Fifty Six Dollars and 25/100 Dollars ($ 777,856.25 ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of , 2023, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: Paving Fabric Supply and Installation for 2023 described in the Invitation for Bids, Bid No. B2300147. 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 REQUEST #B2300147 Page 27 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 2023. ?), altekt (SEAL) Vance Brothers, Inc By (Contractor) Secretary D(e ee (AV . O. (Wi ness as to Contractor) 380 W. 62nd Avenue (Address) Denver, CO 80216 ATTEST: see attached Power of Attorney (Surety) Secretary (SEAL) Witness as to Surety Lee's Summit, r 5 L,Qe Vi CC Preside/1i- 380 W. 62nd Avenue (Address) Denver, CO 80216 (Address) Missouri Liberty Mutual Insurance Company •�'�uavcP&Wfl Attorney -in -Fact , C. LaVonne Engeman c/o 120 W. 12th St., Suite 1000 (Address) Kansas City, MO 64105-1938 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 REQUEST #B2300147 Page 28 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Not valid for mortgage, note, loan, letter of credit, bank deposit, currency rate, interest rate or residual value guarantees. For bond andfor Power of Attorney (PGA) verification inquiries, please call 610-832.824e or email HOSUR@iibenymulual.com. Liberty Mutual. SURETY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that liberty Mutual Insurance Company is a corporation duly organized under the laws of the Slate of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called ...meanies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoinl,LaliabOLEariateari of the city of Kansas City state of MO its true and lawful attorney -in -fact, with full power and authority hereby conferred to sign, execute and acknowledge the following surety bond - Principal Name: ahers. Inc _ Obligee Name: Weld County Surety Bond Number: 395225506 Bond Amount: See Bond Form IN WITNESS WHEREOF. this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of. Compares have been affixed thereto this 12"' day of March, 551. The Ohio Casualty Insurance Company Liberty Mutual Insurance Company 14A7merican Insurance Company SS By: STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY David M Carey, Assistant Secretary On this 12!^ day of March. 2021, before me personally appeared David M Carey, who acknowledged himself to be the Assistant Secretary of Ubeny Mutual Insurance Company, The Ohio Casualty Company, and West American insurance Company, and that he. as such. being authodzed so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Kino of Prussia. Pennsylvania on the day and year first above wrillen- Commonwealth of Pennsylvania - Notary Seal Teresa Pastella, Notary Public Montgomery County My commission expires March 28, 2O25 Commission number 1126044 Member. Pennsylvania Associeban of Notaries This Power of Altsmeyis eMda and executed pursuant to and by authority of the Wowing Sy -laws and Authorizations of Liberty Mutual Insurance Gompany. I he Unio Casualty Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV - OFFICERS - Section 12. Power of Attorney. Any officer or other official or the Corporation authorized for that purpose in writing by the Chairman or the President, and subject lo such limitation as me Chairman or the President may prescribe, shall appoint such attorneys -in -fact as may be necessary to act in behalf of the Corporation to make, execute. seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizences and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney - in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts - SECTION 5. Surely Bonds and Undertakings Any officer of the Company authorized formal purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint suds attorneys -In -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations Such attorneys -in -fact subject to the limitations set forth a their respective powers of attorney, shall have full power to bind the Company by their signature and execu5on of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shalt be as binding as if signed by the president and attested by the secretary Certificate of Designation - The President of the Company, ailing pursuant to the Bylaws of the Company, authorizes David M. Carey. Assistant Secretary to appoint such attorneys -in- fect as maybe necessary to act on behalf of the Company to make. execute, seal, acknowledge and deliver as surely any and ail undertakings. bands. recogr'aeeoes and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors. the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surely bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. By; /!/LGa+c �Q' Teresa Pastella, Notary Public I, Renee C. Llewellyn, the undersigned. Assistant Secretary, of Libeny Mutual Insurance Company, The Ohio Casualty Insurance Company. and West American Insurance Company do hereby certify that this power of attorney executed by said Companies is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of ey: 2023 Renee C Llewellyn. Assistant Secretary AC©RO CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYY, 9/7/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER HUB International Mid -America CONTACT NAME; Certificate Department H NE 9200 Ward Parkway +ai .816-708.4600 ,c,_91.: 203 4425 Suite 500 Kansas City MO 64114 py. ,__HUB,XC.Certiftcatp HUBIniemalionai.Com INSURERWAFFORDING COVERAGE _ INSURER A : Travelers Property Casjtatt Compa of America NAICS` 25674 INSURED VANCE01 Vance Brothers, Ina INSURER 8 : The Phoenix Insurance Com any p ._-.. 25623 380 West 62nd Avenue Denver CO 80216 INSURER ci Argonaut Insurance Company _INSURER D The Travelers Indemnity Compa of America 19801 25666 _ INSURERS'... ____ INSURER F : COVERAGES CERTIFICATE NUMBER: 1391093080 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. TR TYPE OF INSURANCE A�UL SUER INSD VINO ._------------ POLICY NUMBER �0LTCYfiFF'- (MM/DD/YYYYI POLICY EXP (MMfDDJYYYY) --_-.._._...__.._.__.,..-.__._.,..,.... LIMITS 8 X COMMERCIAL GENERAL LIABILITY DT-CO-9M212947-PHX-23 01/2023 1/1/2024 EACH OCCURRENCE .1,000,000 LAIMS-MADE DTI OCCUR EtAltigrITYCIENTED REM S�$(E nce}__,....300,000 EXP (Any one person) $ 10,000 T �_ E 1,000,000 _MED PERSONAL A. ADY INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY p_gE I-. _I LOC OTHER PRODUCTS - COMP/OP AGG .2,000,000 D AUTOMOBILEUABIUTY X— ANY AUTO 810-0O352747-23-26 1/02023 1/1/2024 OMBINiC1SINGLEUMCI BODILY INJURY (Per person] .1,000,000 $ OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident) X HIRED LY AUTOS ON CS>Xi X AUU ONLY PROecci, GE __ _1 A X UMBRELLAUAB X 000UR EXCESS LIAB _CLAIMS -MADE T CI I X 1 RETENTION E t n fU n CUP -9M422902-23-26 002023 1/1!2024 EACH OCCURRENCE rvAGGREGATE 010,000,000 IS10,000,000 $ C WORII6R8 COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFRtCERiA1EMBEREf(CLUDEDi iMOndatery in NH) N / A WC920640205514 1/1/2023 1/1/2024 ,___Er1JTE 11R E.L. EACH ACCIDENT E.L, DISEASE - EA EMPLOYEE $1.000,000 ------ .1,000,000 tf desctlbe undor O1RiT'1 KJN OF OPERA710N0IXrloo E -L. DISEASE - POLICY LIMIT .1,0 00,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: 2023 Paving Fabric Supply & Installation CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Weld County ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 758, 1111 H Street AUTHORIZED REPRESENTATIVE Greeley, CO 80632 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTICE OF AWARD Paving Fabric Supply and Installation To: Vance Brothers, Inc 380 West 62"d Avenue Denver, CO 80216 Project Description: Paving Fabric Supply and Installation (B2300147) The contract in general consists of supplying and installing approx. 88,555 SY of paving fabric in 2023. 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 $ 777.856.25 or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish Certificates of Insurance and a Supply Bond within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement 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 23 day of August , 2023 Weld County, Colorado, Owner Joshua J. Holbrook Pavement Management Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by 1/4-$)c6 4 id r,I 5 (Contractor) Dated this day of By: ki v6 -mss ,20 L3 Title: f)✓ L'- 7 tct F Entity Information Entity Name * VANCE BROTHERS INC Entity ID* @00004325 Contract Name PAVING FABRIC SUPPLY AND INSTALLATION Contract Status CTB REVIEW [] New Entity? Contract ID 7370 Contract Lead * JHOLBROOK Contract Lead Email Jholbrook@co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description CONTRACTOR SHALL SUPPLY AND INSTALL APPROXIMATELY 93,900 SY OF TENSAR 8511 FOR THE 2023 CONSTRUCTION SEASON. THIS BID HAS THE OPTION TO RENEW IN 2024 AND 2025 Contract Description 2 Contract Type" CONTRACT Amount" $777,856.25 Renewable* YES Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov.co Department Head Email CM-PublicWorks- DeptHead@weldgov.com Bid/RFP #* County Attorney B2300147 GENERAL COUNTY ATTORNEY EMAIL Requested BOCC Agenda Due Date Date* 09/14/2023 09/18/2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Review Date * 02/01/2024 Renewal Date* 02/29/2024 Committed Delivery Date Expiration Date Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 09/12/2023 Approval Process Department Head .CURTIS HALL DH Approved Date 09/12/2023 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 09/18/2023 Originator JHOLBROOK Finance Approver CONSENT Legal Counsel CONSENT Finance Approved Date Legal Counsel Approved Date 09/12/2023 09/12/2023 Tyler Ref # AG 091823 MEMORANDUM TO: Curtis Hall, Director of Public Works C.. DATE: August 21, 2023 FROM: Joshua Holbrook, Pavement Management Supervisor SUBJECT: Paving Fabric Supply and Installation, Bid No. B2300147 On August 7, 2023 one bid for the Paving Fabric Supply and Installation was opened. The single bid was submitted by Vance Brothers, Inc. based out of Denver, Colorado. Please see bid tab below: ITEM ITEM DESCRIPTION UNIT EST QTY UNIT PRICE ($) TOTAL PRICE ($) 101 Mifafi MPG' SY 0 (for 2023) $8.60 102 GlasGrid 8511 TF SY 88,555 $$.75 $774,856.25 103 MOBILZATION EA 1 $3.000.00 $3,000.00 T AL $777,856.25 The bid submitted by Vance Brothers, Inc. meets the bid specifications and is within the 2023 estimated budget for this contract; therefore, it is Public Works recommendation to award the bid to Vance Brothers, Inc. for a total amount of $777,856.25. cc: Duane Naibauer, Deputy Director of Public Works Mona Weidenkeller, Office Tech IV, Account payable/receivable Rose Everett, Weld County Purchasing V23 6600W I ZoZ3--23Z8' WELD COUNTY PURCHASING 1301 N. 17TH Avenue, Greeley CO 80631 E-mail: reverettl weldgov.com E-mail: cgeisert@weldgov.com Phone: (970) 400-4222, or 4223 DATE OF BID: AUGUST 7, 2023 REQUEST FOR: PAVING FABRIC SUPPLY DEPARTMENT: PUBLIC WORKS DEPT BID NO: #B2300147 PRESENT DATE: AUGUST 9, 2023 APPROVAL DATE: AUGUST 23, 2023 (ONE YEAR CONTRACT, COUNTY MAY EXTEND WITH OPTIONS FOR 2024 & 2025.) VENDOR VANCE BROTHERS 380 WEST 62ND AVENUE DENVER CO 80216 MIFAFI MPG GLASGRID MOBILZATION TOTAL jEst Qty- 0) 8511TF (Est Qty —1) PRICE UNIT PRICE UNIT PRICE UNIT PRICE $8.60 $8.75 $3000.00 $777,856.25 **PUBLIC WORKS IS REVIEWING THE BID AT THIS TIME 2023-2328 3/9 EC ool Hello