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Home My WebLink About20222571.tiffaondvac-i-IDO u37L9 October 11, 2022 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Toby Taylor Subject: Parking Lot Pothole Repair -Change Order # 1 (B2200128) As the Parking Lot Pothole Repairs began, several additional potholes were discovered that require repair. A change order in the amount of $6,032.00 was proposed to address these repairs. Facilities Department is recommending the change order in the amount of $6,032.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director Comtni-Ptercta, to/24/22 pAN-- .2A 2oZz-251 I 8G OOZcf CHANGE ORDER # 1 TO SERVICE AGREEMENT BETWEEN WELD COUNTY AND ASPHALT DOCTORS Date: October 11, 2022 Original Agreement: Weld County document no. 2022-2571 County Department: FACILITIES The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the amended services as described in the attached Exhibit, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor for said amended services in accordance with the Exhibit. 3. The amount of the contract is adjusted as follows: $ 122,516.00 Original Contract Amount $ 0.00 Previously Approved Change order(s) Amount $ 6,032.00 Current Change Order Amount $ 128,548.00 New Contract Total All other terms and conditions of the Original Agreement remain unchanged. CONTRACTOR: By: I.UMk/ JVUd(,(1-C/J Name: Christine Nurknls Title: President ATTEST:.�ED;� Weld BY: y Clerk to the Deputy Cle Date 10/14/2022 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Scott K. James, Chair OCT 21 2022 Page 1 of 1 ,zo07a-a�7/ Exhibit A: Change Order # 1 ASPHALT DOCTORS INC. 1270 Rock Creek Circle Lafayette, CO 80026 (303) 956-8201 Fax (303) 404-2103 www.asphaltdoctors.net Project Proposal Project Name: WELD COUNTY POTHOLES CO1 Prepared for: WILL HOPKINS Prepared by: Brian Rice, Asphalt Specialist Monday, October 10, 2022 Proposal number: WELD COUNTY POTHOLES BBB. ACCREDITED BUSINESS Page 1 ASPHALT DOCTORS INC 1270 Rock Creek Circle Lafayette, CO 80026 (303) 956-8201 Fax (303) 404-2103 www.asphaltdoctors.net Page 2 ASPHALT DOCTORS INC. 1270 Rock Creek Circle Lafayette, CO 80026 (303) 956-8201 Fax (303) 404-2103 www.asphaltdoctors.net Page 3 ASPHALT DOCTORS INC. 1270 Rock Creek Circle Lafayette, CO 80026 (303) 956-8201 Fax (303) 404-2103 www.asphaltdoctors.net Monday, October 10, 2022 CHANGE ORDER #1 Proposal Submitted To: Will Hopkins Weld County WELD COUNTY POTHOLE REPAIRS 1150 O STREET Greeley CO 80631 We hereby propose to furnish the materials, labor, and equipment necessary for the completion of: Bid Number: Weld County Potholes CO1 Work To Be Performed At: Jail Complex 2110 O Street, Greeley Wash Bay 1399 H Street Building B, Greeley ITEM ASPHALT SERVICES: 1 FULL DEPTH "R & R" PATCHING: 128 sq. ft. 10" depth. 2 area(s). 5 tons of asphalt, 5 tons of base - Saw cut and excavate damaged asphalt. - Haul debris away and dispose of off site. - Fine grade and compact existing soils. - Apply CSS-1H tack oil to edges for adherence at an appropriate rate of tack per conditions. - Install asphalt using appropriate equipment. - CDOT approved hot asphalt plant mixes. - Grade S & SX hot asphalt plant mix will be used - Compact to match existing grade. - Proper compaction techniques will be applied. - Compact in proper amount of lifts per depth. - Clean up entire work area of any heavy debris. NOTE: Actual AC depth and field measurements will Be billed accordingly. GRAND TOTAL (Labor and Materials) Payment is due upon completion of work CUSTOMER RESPONSIBILITY: - Advance notice to tenants. QTY 128 Unit Price $14.50 Cost $1,856.00 $1,856.00 Page 4 ASPHALT DOCTORS INC. 1270 Rock Creek Circle Lafayette, CO 80026 (303) 956-8201 Fax (303) 404-2103 www.asphaltdoctors.net - Vehicles must be removed prior to our arrival. - Sprinklers/Irrigation must be turned off for 24 hours before and after work. - Schedule all deliveries / trash pickup accordingly. - If removal of vehicles is going to be done the day of the work customer needs to make arrangements to have vehicles moved. ACCEPTANCE OF PROPOSAL - Bid Number: WELD COUNTY POTHOLES CO1 By signing this contract you are either the owner or have authorization from the owner to have this work done as specified on the premises. ACCEPTED BY: SIGNATURE: PRINT NAME: DATE: TITLE: ONE YEAR FULL WARRANTY ON ALL MATERIAL AND WORKMANSHIP Full payment to be made upon completion. In the event that payment is not made to Asphalt Doctors Inc. as provided, Asphalt Doctors Inc. shall be entitled to all of it's costs including attorney's fees and lien fees, in connection with the enforcement of it's rights under this contract, whether or not legal proceedings are instituted. In addition, Asphalt Doctors Inc. shall be entitled to interest on all past due accounts under this contract, which interest shall accrue at the rate of 24% annum (2% per month) from the date payment is due until payment is received by Asphalt Doctors Inc., whether before or after judgement. Page 5 ASPHALT DOCTORS INC. 1270 Rock Creek Circle Lafayette, CO 80026 (303) 956-8201 Fax (303) 404-2103 www.asphaltdoctors.net Terms and Conditions: Bid Number: WELD COUNTY POTHOLES CO1 1. The asphalt suppliers are no longer providing project pricing. Asphalt cement will be priced to the industry monthly with no carry over pricing month to month. Firm prices can be provided at the beginning of each month for work to be completed that month. This project is quoted with asphalt costs valid until the end of the month dated on this quote. You will be billed accordingly to when the work is performed and the material coasts at that time. 2. Customer agrees that any work performed under any proposal is subject to the terms and conditions outlined herein 3. Pricing assumes easy access to all work areas for all machinery, equipment and deliveries. 4. Not responsible for any damages due to others moving or crossing through our barricades before required curing time has been met. 5. Traffic control on city streets not included unless specifically called out in this contract. 6. Price includes 1 mobilization and barricades as needed unless stated otherwise in contract. 7. All payments due upon completion. 8. Bid does not include testing, engineering, permits, survey, utility adjustment, inspection fees, staking, landscape repair, traffic control, sub -grade preparation, licenses and bond unless otherwise stated in this contract. 9. Actual field measurements shall prevail upon completion. 10. We cannot guarantee positive drainage on existing or proposed areas of less than 2% slope. 11. Contractor shall not be responsible for conditions and material in, under or adjacent to the pavement as but not limited too, post tension cables, irrigation, electrical lines, etc. 12. Additional mobilizations will be an extra cost. 13. Vehicles not moved prior to crew arrival shall be towed at owner's expense and waiting time may be charged as an extra expense. 14. Any soft, frozen, unstable, or unsuitable sub grade materials encountered will be removed and replaced with class 6 road base at an additional charge. 15. All work performed by the Company pursuant to an accepted Proposal is guaranteed against defects in workmanship for a period of one (1) year from the date of installation, unless the identified deficiencies are caused, in whole or in part, by the conditions listed below. Upon receipt of written notice of deficiencies during the applicable warranty period, Company will correct any items, with the exception of the conditions below, at Company's cost, the manner and method of repairs determined by Company's sole discretion. The warranty shall not apply if the alleged deficiencies are caused, in whole or in part as determined by Company, by the following conditions: a. Force Mejeure: b. Water pooling if grade (natural fall) is less than 2% slope: c. Damage from applying snow deicers or snow plows; d. Heaving or cracking from tree roots; e. Improper or premature weight loading; f. Improper to premature application of sealer or other materials applied by others; g. random cracking from shifting settling, or wetted soils; h. Vandalism; i. Unstable subgrade conditions unless otherwise specified in the contract; If Company determines that a deficiency is caused, in whole or part, by the conditions identified in subparts (a) through (i), company shall be under no obligation to perform any repairs. 16. It is concrete's nature to crack. Asphalt Doctors will make every effort to reduce the risk of cracking. We will not be responsible for random cracks. 17. Starting dates are estimated and are subject to availability of supplies, weather and contractor's workload. 18. The work specified in this contract shall be completed in the season of the year dated on the contract. Asphalt Doctors shall not be responsible for any delays in performing the work due to labor disputes, weather, shortage in material, equipment, labor, acts of God or any other cause beyond its control.In the event of a delay beyond Contractor's control, and to the extent reasonably possible, Asphalt Doctors shall complete the work at the next available opportunity. 19. The work performed after October 1 to May 1 any year will be done at property owners or General Contractor's or agent's own risk due to weather conditions. It is understood that during this period quality may not be up to the standards but must be paid in full up to the phase performed. No warranties will be issued or implied from October 1st to May 1st. 20. Asphalt Doctors may at its discretion engage subcontractors to perform work under this contract without prior consent of Buyer. 21. In the event any damage is caused by Asphalt Doctors or any of its subcontractors for which Asphalt Doctors may be liable and which requires repair services, Asphalt Doctors shall be given first opportunity to repair said damages before other contractors are retained by owner. Page 6 Exhibit B: Change Order #1 ASPHALT DOCTORS INC. 1270 Rock Creek Circle Lafayette, CO 80026 (303) 956-8201 Fax (303) 404-2103 www.asphaltdoctors.net Project Proposa Project Name: WELD COUNTY POTHOLES CO1 Prepared for: WILL HOPKINS Prepared by: Brian Rice, Asphalt Specialist Tuesday, October 11, 2022 Proposal number: WELD COUNTY POTHOLES 0 BBB. ACCREDITED BUSINESS I Page 1 ASPHALT DOCTORS INC. 1270 Rock Creek Circle Lafayette, CO 80026 (303) 956-8201 Fax (303) 404-2103 www.asphaltdoctors.net Tuesday, October 11, 2022 Will Hopkins Weld County WELD COUNTY POTHOLE REPAIRS CO2 1150 O STREET Greeley CO 80631 Dear Will, Thank you for giving Asphalt Doctors the opportunity to bid on your current asphalt needs. I know there are many contractors bidding your job and we would like to give you solid reasons to choose Asphalt Doctors. We have built our reputation on quality work and excellent customer service. If you visit our website you will see a testimonial page of satisfied, repeat customers. Each of these referrals has given permission for potential customers to call and ask questions. To receive further information and detail specification on each proposed item within this estimate click on the blue link associated with that service. You will see for yourself that the work performed by Asphalt Doctors is worthy of our Written Guarantee. Respectfully, Brian Rice Asphalt Specialist Asphalt Doctors Inc. Page 2 ASPHALT DOCTORS INC. 1270 Rock Creek Circle Lafayette, CO 80026 (303) 956-8201 Fax (303) 404-2103 www.asphaltdoctors.net Page 3 ASPHALT DOCTORS INC. 1270 Rock Creek Circle Lafayette, CO 80026 (303) 956-8201 Fax (303) 404-2103 www.asphaltdoctors.net BID AND WORK CONTRACT Tuesday, October 11, 2022 Bid Number: Weld County Potholes CO2 Proposal Submitted To: Will Hopkins Weld County WELD COUNTY POTHOLE REPAIRS 1150 O STREET Greeley CO 80631 Work To Be Performed At: LAW ADMIN BUILDING ITEM ASPHALT SERVICES: 1 FULL DEPTH "R & R" PATCHING: 288 sq. ft. 10" depth. 2 area(s). 9 tons of asphalt, 9 tons of base - Saw cut and excavate damaged asphalt. - Haul debris away and dispose of off site. - Fine grade and compact existing soils. - Apply CSS-1H tack oil to edges for adherence at an appropriate rate of tack per conditions. - Install asphalt using appropriate equipment. - CDOT approved hot asphalt plant mixes. - Grade S & SX hot asphalt plant mix will be used. - Compact to match existing grade. - Proper compaction techniques will be applied. - Compact in proper amount of lifts per depth. - Clean up entire work area of any heavy debris. NOTE: Actual AC depth and field measurements will Be billed accordingly. QTY 288 Unit Price $14.50 Cost $4,176.00 Page 4 ASPHALT DOCTORS INC. 1270 Rock Creek Circle Lafayette, CO 80026 (303) 956-8201 Fax (303) 404-2103 www.asphaltdoctors.net CUSTOMER RESPONSIBILITY: - Advance notice to tenants. - Vehicles must be removed prior to our arrival. - Sprinklers/Irrigation must be turned off for 24 hours before and after work. - Schedule all deliveries / trash pickup accordingly. - If removal of vehicles is going to be done the day of the work customer needs to make arrangements to have vehicles moved. ACCEPTANCE OF PROPOSAL - Bid Number: WELD COUNTY POTHOLES CO1 By signing this contract you are either the owner or have authorization from the owner to have this work done as specified on the premises. ACCEPTED BY: SIGNATURE: DATE: PRINT NAME: TITLE: ONE YEAR FULL WARRANTY ON ALL MATERIAL AND WORKMANSHIP Full payment to be made upon completion. In the event that payment is not made to Asphalt Doctors Inc. as provided, Asphalt Doctors Inc. shall be entitled to all of it's costs including attorney's fees and lien fees, in connection with the enforcement of it's rights under this contract, whether or not legal proceedings are instituted. In addition, Asphalt Doctors Inc. shall be entitled to interest on all past due accounts under this contract, which interest shall accrue at the rate of 24% annum (2% per month) from the date payment is due until payment is received by Asphalt Doctors Inc., whether before or after judgement. Page 5 ASPHALT DOCTORS INC. 1270 Rock Creek Circle Lafayette, CO 80026 (303) 956-8201 Fax (303) 404-2103 www.asphaltdoctors.net Terms and Conditions: Bid Number: WELD COUNTY POTHOLES CO2 1. The asphalt suppliers are no longer providing project pricing. Asphalt cement will be priced to the industry monthly with no carry over pricing month to month. Firm prices can be provided at the beginning of each month for work to be completed that month. This project is quoted with asphalt costs valid until the end of the month dated on this quote. You will be billed accordingly to when the work is performed and the material coasts at that time. 2. Customer agrees that any work performed under any proposal is subject to the terms and conditions outlined herein 3. Pricing assumes easy access to all work areas for all machinery, equipment and deliveries. 4. Not responsible for any damages due to others moving or crossing through our barricades before required curing time has been met. 5. Traffic control on city streets not included unless specifically called out in this contract. 6. Price includes 1 mobilization and barricades as needed unless stated otherwise in contract. 7. All payments due upon completion. 8. Bid does not include testing, engineering, permits, survey, utility adjustment, inspection fees, staking, landscape repair, traffic control, sub -grade preparation, licenses and bond unless otherwise stated in this contract. 9. Actual field measurements shall prevail upon completion. 10. We cannot guarantee positive drainage on existing or proposed areas of less than 2% slope. 11. Contractor shall not be responsible for conditions and material in, under or adjacent to the pavement as but not limited too, post tension cables, irrigation, electrical lines, etc. 12. Additional mobilizations will be an extra cost. 13. Vehicles not moved prior to crew arrival shall be towed at owner's expense and waiting time may be charged as an extra expense. 14. Any soft, frozen, unstable, or unsuitable sub grade materials encountered will be removed and replaced with class 6 road base at an additional charge. 15. All work performed by the Company pursuant to an accepted Proposal is guaranteed against defects in workmanship for a period of one (1) year from the date of installation, unless the identified deficiencies are caused, in whole or in part, by the conditions listed below. Upon receipt of written notice of deficiencies during the applicable warranty period, Company will correct any items, with the exception of the conditions below, at Company's cost, the manner and method of repairs determined by Company's sole discretion. The warranty shall not apply if the alleged deficiencies are caused, in whole or in part as determined by Company, by the following conditions: a. Force Mejeure: b. Water pooling if grade (natural fall) is less than 2% slope: c. Damage from applying snow deicers or snow plows; d. Heaving or cracking from tree roots; e. Improper or premature weight loading; f. Improper to premature application of sealer or other materials applied by others; g. random cracking from shifting settling, or wetted soils; h. Vandalism; i. Unstable subgrade conditions unless otherwise specified in the contract; If Company determines that a deficiency is caused, in whole or part, by the conditions identified in subparts (a) through (i), company shall be under no obligation to perform any repairs. 16. It is concrete's nature to crack. Asphalt Doctors will make every effort to reduce the risk of cracking. We will not be responsible for random cracks. 17. Starting dates are estimated and are subject to availability of supplies, weather and contractor's workload. 18. The work specified in this contract shall be completed in the season of the year dated on the contract. Asphalt Doctors shall not be responsible for any delays in performing the work due to labor disputes, weather, shortage in material, equipment, labor, acts of God or any other cause beyond its control.In the event of a delay beyond Contractor's control, and to the extent reasonably possible, Asphalt Doctors shall complete the work at the next available opportunity. 19. The work performed after October 1 to May 1 any year will be done at property owners or General Contractor's or agent's own risk due to weather conditions. It is understood that during this period quality may not be up to the standards but must be paid in full up to the phase performed. No warranties will be issued or implied from October 1st to May 1st. 20. Asphalt Doctors may at its discretion engage subcontractors to perform work under this contract without prior consent of Buyer. 21. In the event any damage is caused by Asphalt Doctors or any of its subcontractors for which Asphalt Doctors may be liable and which requires repair services, Asphalt Doctors shall be given first opportunity to repair said damages before other contractors are retained by owner. Page 6 Contract Form Requ Entity Name" ASPHALT DOCTORS INC Contract Name" Entity ID* A00046058 ❑ New Entity? Contract ID VARIOUS PARKING LOT POTHOLE REPAIRS (2022-2571) 6386 Contract Status CTB REVIEW Contract Description* CHANGE ORDER TO REPAIR SEVERAL MORE POTHOLES Contract Description 2 Contract Type* CHANGE ORDER Amount $6,032.00 Renewable* NO Automatic Renewal IGA Contract Lead* SGEESAMAN Contract Lead Email sgeesaman@co.weld.co.us Parent Contract ID Requires. Board Approval YES Department Project # Department. Requested BDCC Agenda Due Date BUILDINGS AND GROUNDS Date* 10/15/2022 10/15(2022 Department Email CM- BuildingGroundsveldgov.c om Department Head Email CM-BuildingGrounds- DeptHeadOweldgov.cam County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORN EYAWELDG OV..COM Will a work session with BOCC be required?* NO Does Contract require Purchasing. Dept. to be included? YES Bid/RFP #* 82200128 If this is a renewal enter previous Contract ID If this is part of a NSA enter NSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase C Effective Date Review Date * 12/2612022 Renewal Date Notice Period Committed Delivery Date Expiration Date* 12/26/2022 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver CHRISTIE PETERS Department Head TOBY TAYLOR DH Approved Date 10/17,2022 Final`'A pr al BOCC Approved BOCC Signed Date BOCC Agenda Date 1024/2022 Originator SGEESAMAN Finance Approver CHERYL PATTELLI Purchasing Approved Date 10/18/2022 Finance Approved Date. 10/18/2022 Tyler Ref # AG 102422 Legal Counsel BRUCE BARKER. Legal Counsel Approved Date 10/18/2022 ConlvVc+ 1I to 33 AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & ASPHALT DOCTORS PARKING LOT POTHOLE REPAIRS PROJECT o THIS AGREEMENT is made and entered into this 3vdday of 0C —010,6/ , 2022, by and between the Board of Weld County Commissioners, on behalf of the Facilities Department, hereinafter referred to as "County," and Asphalt Doctors, hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform construction services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing to perform and has the specific ability, qualifications, and time to perform the required construction services to provide the services according to the terms of this Agreement; and 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 the 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. B2200128. Exhibit B consists of Contractor's Response to County's Request for Bid. 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 faithfully perform the Work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. ConWO-1- ftrejsu Ioioaizz. ,c97aioaeC ) /o/a/aa z672 -Z511 E6iCOM 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. 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. In its sole discretion, the County, by the Director of the Facilities Department 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. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. 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 such notice to cure such breach. 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 that is incomplete at the time of termination shall be marked "DRAFT - INCOMPLETE." 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 services 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 of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay an amount not to exceed $122,516.00, as set forth in 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. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). 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 (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 this Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. 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 information of Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL". However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), 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 the Work 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 Work shall be performed by qualified personnel in a professional 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 warranty period during which Contractor must correct any failures or deficiencies caused by Contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project, and shall continue for one year, or such greater time as specified in the attached Exhibits. 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 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. 13. 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 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; $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 $5,000 Medical payment per person. Medical operations coverage shall be provided for a minimum period of one (1) year following final acceptance. Automobile Liability: 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. Professional Liability (Errors and Omissions Liability): Contractor shall maintain limits of $1,000,000 Per Loss and $2,000,000 Annual Aggregate for both the Contractor and subcontractors where: (1) the Work includes Construction Surveying and/or Survey Monumentation and/or (2) plans, specifications, and submittals are required to be signed and sealed by the Contractor's or subcontractor's Professional Engineer including but not limited to (a) Shop drawings and working drawings as defined in subsection 105.25 of the Specifications, (b) Mix designs, (c) Contractor performed design work as required by the plans and Specifications, (d) Change Orders, or (e) Approved Value Engineering Proposals. The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Umbrella or Excess Liability Insurance: Contractor shall maintain limits of $1,000,000 and shall become primary in the event the primary liability policy limits are impaired or exhausted. The policy shall be written on an Occurrence form and shall be following form of the primary. Pollution Liability. Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions that may arise from the operations of the Contractor described in the Exhibits. The policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 1,000,000 For all general liability, excess/umbrella 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. 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 the 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 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications 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 Either party may change its notice address(es) by written notice to the other. Notice shall be sent to: Contractor: Name: Brian Rice Position: Estimator Address: 1270 Rock Creek Circle Address: LaFayette, Co. 80026 E-mail: brian@asphaltdoctors.net Phone: 303-956-8201 County: Name: Toby Taylor Position: Facilities Director Address: 1105 H Street Address: Greeley, CO 80632 E-mail: ttaylor@weldgov.com Phone: 970-400-2021 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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) shall survive any such expiration or termination. 25. 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. 26. 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. 27. 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. 28. 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. 29. 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. 30. 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 of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under 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 contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all 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. 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. In accordance with C.R.S. §8-17-107 and 2 C.F.R. §200.319(c), this section shall not apply if the Work is funded wholly or in part with federal funds.] 32. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 33. 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 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. CONTRACTOR: Asphalt Doctors Inc By: Cl UQ JVtuit(}C,0 Name: Christine Nuvckols Title: President WELD COUN Y. ATTEST: „j G:o;tok 9/25/2022 Date of Signature BOARD OF COUNTY COMMISSIONERS Weld C • y Clerk to the B e and ��'" "�� WEL ► COUNTY, COLORADO BY: Deputy Clerk to e B • and James, Chair OCT 0 3 2022 x0002 -07 7l Exhibit A REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, ELEY, CO 80631 DATE: AUGUST 8, 2022 BID NUMBER: B2200128 DESCRIPTION: PARKING LOT POTHOLE REPAIR DEPARTMENT: FACILITIES MANDATORY PRE -BID CONFERENCE DATE: AUGUST 22, 2022 BID OPENING DATE: SEPTEMBER 7, 2022 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: PARKING LOT POTHOLE REPAIR A mandatory pre -bid conference will be held on August 22, 2022 at 10:00 AM at the Weld County Facilities Office located at 1105 H Street, Greeley, CO 80631. Meet in the front lobby. Bidders must participate and record their presence at the pre -bid conference to be eligible to submit bids. Bids will be received until: September 7, 2022 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on September 7, 2022 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: 234 100 101 845 PAGES 1 - 8 OF THIS REQUEST FOR BIDS CONTAINS GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 - 8 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 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. Did Delivery to Weld County: 1. Emailed bids are required. Email bids to bidsAweldgov.cam; however, if your bids exceeds 25MB please upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. 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. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder 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). Successful bidder shall not knowingly employ or contract with an BID REQUEST #B2200128 Page 2 illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder 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 Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder 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. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder 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 Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder 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. Successful bidder 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 Successful bidder 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, Successful bidder 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 Successful bidder receives federal or state funds under the contract, Successful bidder 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 Successful bidder 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. 5. GENERAL PROVISIONS A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary. confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA, and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. BID REQUEST #B2200128 Page 3 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 n or 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 u nderstanding, 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 u nder the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. 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 o utlined 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. BID REQUEST #B2200128 Page 4 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 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. BID REQUEST #82200128 Page 5 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 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 BID REQUEST #B2200128 Page 6 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 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 BID REQUEST #B2200128 Page 7 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 #82200128 Page 8 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: Weld County Parking Lot Pothole Repairs OVERVIEW: Weld County is seeking bids for a turn -key lump sum project for pothole repairs at multiple locations throughout the Weld County campus. This scope is for pothole repairs only. SCOPE: The scope of this lump sum project is to repair damaged parking lot areas within Weld County's campus. All work shall be in compliance with national standards for pavement repairs and maintenance and will align with SHRP and FHWA best practices for pothole repairs. The repairs will be at the following locations. • North Jail Complex — 2110 0 Street, Greeley Colorado • Household Hazardous Waste — 1311 N. 17th Avenue, Greeley Colorado • Public Health North and South Lots — 1555 N. 17th Avenue, Greeley Colorado • Dispatch & Records — 1551 N. 17th Avenue, Greeley Colorado • Law Administration North and South Lots — 1950 0 Street, Greeley Colorado • Print Shop — 1500 2nd Street, Greeley Colorado • Jury Parking Lot, includes Lots 1 and 2 — 810 10th Street, Greeley Colorado • Veterans Services — 1008 9th Street, Greeley Colorado • Justice Services — 901 10th Avenue, Greeley Colorado • Public Works — 1111 H Street, Greeley Colorado • Community Corrections — 1101 H Street, Greeley Colorado 1. Contractor will be responsible for all locates prior to any work being started. Contractor will provide documentation of locates to Weld County Project Management team. 2. Contractor wilt provide material submittals to Weld County project management for approval prior to work commencing. 3. Materials must be in accordance with United States Department of Transportation and follow industry best practices outlined in FHWA-RD-99-168 Manual of Practice. Which includes cleaning all water and debris from the pothole and squaring up the sides. All materials must be removed, and substrate shall consist of a minimum of 5" of road base. Asphalt materials must be place and compacted with a single drum vibratory drum or plate. Minimum thickness for asphalt is 5". 4. Contractor is responsible for all striping repairs if the pothole repair removes or blemishes them. 5. Contractor is responsible for all materials and labor take offs per parking lot/address. Field take offs can be done at the time of the mandatory pre -bid meeting, or anytime thereafter if needed prior to the bid due date, except for the Weld County Print Shop as this is a gated lot. 6. Owner has provided a map of each lot and where the potholes are located. This is not an all-inclusive for how many potholes there are. Contractor must still verify actual painted areas at time of pre -bid meeting. 7. Contractor is responsible for all traffic control and barriers at each location as needed to perform their scope of work. 8. Owner will identify all potholes that are to be repaired prior to the mandatory pre -bid walk by painting each applicable area. It is the contractor's responsibility to obtain their take off from this identification. 9. Any work or repair that was not identified at the pre -bid meeting is not to be included in this bid. BID REQUEST #B2200128 Page 9 10. Contractor will provide a line -item lump sum cost per location as outlined above, and per the line item provided below. 11. Contractor will provide in writing their proposed schedule for each location a minimum of 1 week prior to commencing so that Weld County project management team can plan and coordinate accordingly with facility directors and staff. 12. Project will be permitted through Weld County. Fees for Weld County Building Permit will be waived. Any other fees associated with this project will be paid for by the contractor. 13. Any temporary protection for utilities or structures is the contractor's responsibility. Any damages occurred will be the contractor's responsibility to repair or replace. 14. The projected contract date is expected to be October 5, 2022. Based on this date, provide expected start and finish dates. 15. Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements. 16. No bid bond is required for this project. 17. Bids over $50,000 will require a payment (100%) and performance (100%) bond. 18. All trash and debris to be properly disposed of offsite. 19. Weld County is a tax-exempt entity. 20. Davis -Bacon and Buy American requirements are NOT required. 21. Contractor will be required to enter into a standard Weld County contract for this service. A standard Weld County contract is available through the Weld County Purchasing department and is available for viewing upon request. SCHEDULE: Below is the anticipated schedule for this project: Date of this Bid Advertisement Date Pre -bid conference Bid Questions are Due Bids Are Due Bid Award Notice Contract Execution Construction Start Project Completion August 8, 2022 August 8, 2022 August 22, 2022 August 29, 2022 September 7, 2022 September 26, 2022 October 5, 2022 Immediately upon receipt of signed contract November 18, 2022 BID REQUEST #B2200128 Page 10 PROPOSED DATES: Please provide proposed start and completion dates for this project. START DATE COMPLETION DATE FEE: • North Jail Complex Lump Sum Cost. • Household hazardous Waste Lump Sum Cost. • Public Health Lump Sum Cost. • Dispatch & Records Lump Sum Cost. • Law Administration Lump Sum Cost. • Print Shop Lump Sum Cost. • Jury Parking Lot Lump Sum Cost. • Veterans Services Lump Sum Cost. • Justice Services Lump Sum Cost. • Public Works Lump Sum Cost. • Community Corrections Lump Sum Cost. Provide your Total Lump Sum fee in space below. TOTAL BID: $ A mandatory pre -bid conference will be held on August 22, 2022, at 10:00 AM at the Weld County Facilities Office located at 1105 H St, Greeley, CO 80631. Meet in the front lobby. Bids will be received up to, but not later than September 7, 2022, at 10:00 AM (WELD COUNTY PURCHASING TIME CLOCK). BID REQUEST #B2200128 Page 11 BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid deadline of 10:00 AM on September 7, 2022: on or before the bid opening 1) Pages 9 thru 13 of the Bid Specifications. 2) W9, if applicable* 3) Any future Addenda must be completed. 4) All other items as requested in the Bid Specifications and/or Scope of Work. *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. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. BID REQUEST #B2200128 Page 12 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. #B2200128. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying bid sheets. 4. 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. The bid(s) may be awarded to more than one vendor. FIRM BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # PRINTED NAME AND TITLE SIGNATURE E-MAIL DATE **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 8. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Scott K. James, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller GS0722 BID REQUEST #B2200128 Page 13 le F' 1:i 1555N17thAve Public Health AL. Map data ©2022 , Map data ©2022 20 ft MD D clic, MapsMaps 1950OSt Law Administration North and South Lots • I- b L 0.•;5-�r Y- 3 rgyp : ,. • • ‘supeal lNi • 4 I Is fa,4414 _r • • • , • • , , 4 , - * • V 1blhA.. MIS ._. •I a air MIL 4 i' � di , $ r_, • • r icion :•r 1 skin V t•�tn.1'.r .. • .e I• • is •u• r t 4 414 N' oys >1 1 Mts A,n' Google f .��. ter... • . 441111111 • • • • •t • •" ': ,1 oft li 4I• • ?or gOk friss Imagery ©2022 CNES / Airbus, Maxar Technologies, Map data ©2022 50 ft Go gte Maps 81 o i oth st Jury Parking Lots 7ot Hot ES Map data ©2022 , Map data ®2022 Google 20 ft Iii Gocqie Maps 1008 9th St Veterans prT 4.►el£5 Map data ®2022 , Map data ©2022 20 ft : gle 1111 H St Public Works �dT wo 1F�5 Imagery ©2022 ONES / Airbus, Maxar Technologies, Map data ©2022 50 ft Gocgle Maps 1101 H St Community Corrections Map data ©2022 , Map data ©2022 20 ft ADDENDUM#1 BID REQUEST NO B2200128 PARKING LOT POTHOLE REPAIRS 1 Currently The map of Weld County Public Works complex at 1111 H Street did not show an area where potholes needed to be repaired but were identified on the lot in paint Change Area has been added onto the Public Works map and marked up as added on 8/22/22 as well as clouded with Addendum #1 Please note Bid Specification #6 in any further clarification is needed 2 Currently Current repair areas are painted out showing just the size of the repair area even if it is small Change Contractor may choose their best means and methods to perform the repair(s) The painted areas are the minimum repair area that the county will accept If the contractor would rather make larger patches that allow machinery to be utilized, that is acceptable to the County 3 Currently Repair areas are painted out showing small areas in close proximity to other repair areas with what will be low spots in between them Change Contractor will be responsible to make the best determination and attempt to not leave a low point between repairs where water could settle Repair areas should be patched together as one larger area if patches will cause a problem in the future 4 Currently Specifications call for patching to conform to USDOT FHWA-RD-99-168 Manual of Practice Change Contractor shall make each asphalt repair with one (1) base layer at three inches (3") and one (1) top layer at two Inches (2") The base layer shall be a maximum of 3/4" aggregate The top layer shall be a maximum of 'h" aggregate Asphalt patch shall be placed over 5" of new road base ***We need signed copy on file Thank You,*** Addendum received by FIRM ADDRESS CITY AND STATE BY EMAIL August 22, 2022 Go gle -Pot drwmE> (Acloc..440.v‘1 ADDENDU M#2 BID REQUEST NO. B2200128 PARKING LOT POTHOLE REPAIRS Page 1 currently reads: Bids will be received until: September 7, 2022 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on September 7, 2022 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 0 Street, Greeley, CO 80631. Phone number: 720-439-5261 Phone Conference ID: 234 100 101 845 Change this to read: Bids will be received until: September 7, 2022 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on September 7, 2022 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 0 Street, Greeley, CO 80631. Phone number: 720-439-5261 Phone Conference ID: 234 100 101 846 388 047 009 ***We need signed copy submitted with your bid. Thank you!*** Addendum received by: FIRM ADDRESS CITY AND STA hE BY EMAIL August 23, 2022 Parking Lot Pothole Repair B2200128 - QUESTION & ANSWERS 1. Will there be any limitations as to how much a parking lot can be repaired at 1 time? I.E., will we need to plan on any phasing? Answer: Yes, the parking lots must stay accessible to staff or public when applicable. Proper coordination will be required. 2. Question: Would SP7S %" PG 62-22 Wrap @20% be a suitable asphalt mix? Answer: Yes. 3. Question: Marked Patch on the veteran's campus has an asphalt curb, Will asphalt curb need to be replaced? (See Exhibit #1) Answer: If the repair impedes on the asphalt curb, then the curb is to be replaced with the repair. 4. Question: Print shop has 1 additionally marked patch not marked on bid package exhibit (See Exhibit #2) Answer: Please refer to bid spec #6 and addendum #1. 5. Question: Public Works has 6 additionally marked patches not on bid package exhibit (See Exhibit #3) Answer: Please refer to bid spec #6 and addendum #1. 6. Question: Print Shop patch marked closest to 2nd street on exhibit not marked onsite. Will patch land in ADA area of pedestrian ramp? Answer: No. 7. Question: Are there any control requirements? Answer: Specifications for patching including quality control requirements must meet USDOT FHWA-RD-99-168 Manual of Practice. Exhibit B SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING Weld County Parking Lot Pothole Repairs OVERVIEW. Weld County is seeking bids for a turn -key lump sum project for pothole repairs at multiple locations throughout the Weld County campus This scope is for pothole repairs only SCOPE: The scope of this lump sum project is to repair damaged parking lot areas within Weld County's campus All work shall be in compliance with national standards for pavement repairs and maintenance and will align with SHRP and FHWA best practices for pothole repairs The repairs will be at the following locations • North Jail Complex — 2110 O Street, Greeley Colorado • Household Hazardous Waste — 1311 N 17th Avenue, Greeley Colorado • Public Health North and South Lots — 1555 N 17th Avenue, Greeley Colorado • Dispatch & Records — 1551 N 17th Avenue, Greeley Colorado • Law Administration North and South Lots — 1950 O Street, Greeley Colorado • Print Shop — 1500 2nd Street, Greeley Colorado • Jury Parking Lot, includes Lots 1 and 2 — 810 10th Street, Greeley Colorado a Veterans Services — 1008 9th Street, Greeley Colorado • Justice Services — 901 10th Avenue, Greeley Colorado • Public Works —1111 H Street, Greeley Colorado Community Corrections — 1101 H Street, Greeley Colorado Contractor will be responsible for all locates prior to any work being started Contractor will provide documentation of locates to Weld County Project Management team 2 Contractor will provide matenal submittals to Weld County project management for approval prior to work commencing 3 Matenals must be in accordance with United States Department of Transportation and follow industry best practices outlined in FHWA-RD-99-168 Manual of Practice Which includes cleaning all water and debris from the pothole and squaring up the sides All materials must be removed, and substrate shall consist of a minimum of 5" of road base Asphalt materials must be place and compacted with a single drum vibratory drum or plate Minimum thickness for asphalt is 5" 4 Contractor is responsible for all striping repairs if the pothole repair removes or blemishes them 5 Contractor is responsible for all materials and labor take offs per parking lot/address Field take offs can be done at the time of the mandatory pre -bid meeting, or anytime thereafter if needed prior to the bid due date, except for the Weld County Print Shop as this is a gated lot 6 Owner has provided a map of each lot and where the potholes are located This is not an all-inclusive for how many potholes there are Contractor must still verify actual painted areas at time of pre -bid meeting 7 Contractor is responsible for all traffic control and barriers at each location as needed to perform their scope of work 8 Owner will identify all potholes that are to be repaired prior to the mandatory pre -bid walk by painting each applicable area It is the contractor's responsibility to obtain their take off from this identification 9 Any work or repair that was not identified at the pre -bid meeting is not to be included in this bid BID REQUEST #82200128 Page 9 10 Contractor will provide a line -item lump sum cost per location as outlined above, and per the line item provided below 14 Contractor will provide in writing their proposed schedule for each location a minimum of 1 week prior to commencing so that Weld County project management team can plan and coordinate accordingly with facility directors and staff 12 Project will be permitted through Weld County Fees for Weld County Building Permit will be waived Any other fees associated with this project will be paid for by the contractor 13 Any temporary protection for utilities or structures is the contractor's responsibility Any damages occurred will be the contractor's responsibility to repair or replace 14 The projected contract date is expected to be October 5, 2022 Based on this date, provide expected start and finish dates 15 Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requu ements 16 No bid bond is required for this project 17 Bids over $50,000 will require a payment (100%) and performance (100%) bond 18 All trash and debris to be properly disposed of offsite 19 Weld County is a tax-exempt entity 20 Davis -Bacon and Buy American requirements are NOT required 21 Contractor will be required to enter into a standard Weld County contract for this service A standard Weld County contract is available through the Weld County Purchasing department and is available for viewing upon request SCHEDULE: Below is the anticipated schedule for this project Date of this Bid Advertisement Date Pre -bid conference Bid Questions are Due Bids Are Due Bid Award Notice Contract Execution Construction Start Project Completion August 8, 2022 August 8, 2022 August 22, 2022 August 29, 2022 September 7, 2022 September 26, 2022 October 5, 2022 Immediately upon receipt of signed contract November 18, 2022 BID REQUEST #62200128 Page 10 PROPOSED DATES: Please provide proposed start and completion dates for this project FEE: • North Jail Complex Lump Sum Cost • Household hazardous Waste Lump Sum Cost • Public Health Lump Sum Cost • Dispatch & Records Lump Sum Cost • Law Administration Lump Sum Cost • Print Shop Lump Sum Cost • Jury Parking Lot Lump Sum Cost • Veterans Services Lump Sum Cost • Justice Services Lump Sum Cost • Public Works Lump Sum Cost Community Corrections Lump Sum Cost Provide your Total Lump Sum fee in space below START DATE 9/21/2022 COMPLETION DATE 10/21/2022 $ 17,140.00 $_A,.680.00 $ 12,546.011_ $ 38 665.00 $ 3,796.00 $ 12,856_00 $ 3296 . Q0_ $ 8,223.00 $ 3,796_00 $ 9,052.00 $_1,966.0Q TOTAL BID $ 122, 516.00 A mandatory pre -bid conference will be held on August 22, 2022, at 10:00 AM at the Weld County Facilities Office located at 1105 H St, Greeley, CO 80631 Meet in the front lobby Bids will be received up to, but not later than September 7, 2022, at 10:00 AM (WELD COUNTY PURCHASING TIME CLOCK). BID REQUEST #B2200128 Page 11 BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid on or before the bid opening deadline of 10.00 AM on September 7, 2022: 1) Pages 9 thru 13 of the Bid Specifications 2) W9, if applicable* 3) Any future Addenda must be completed 4) All other items as requested in the Bid Specifications and/or Scope of Work *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 Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. BID REQUEST #B2200128 Page 12 FIRM I 1 The undersigned, by his or her signature, hereby acknowledges and represents that 1 The bid proposed herein meets all of the conditions, specifications and 1special provisions set forth in the Request for Bid for Request No #B2200128 2 The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes 3 He or she is authorized to bind the below -named bidder for the amount shown on the accompanying bid sheets 4 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 The bid(s) may be awarded to more than one vendor ASPHALT DOCTORS BUSINESS ADDRESS 1270 ROCK CREEK CIRCLE CITY, STATE, ZIP CODE _ LAFAYETTE CO 80026 TELEPHONE NO 303-956-8201 FAX 303-404-2103 TAX ID # 45-2211210 PRINTED NAME A TITLE BRIAN RICE, ESTIMATOR SIGNATURE _ E-MAIL BRIAN@ASPHALTDOCTORS.NET DATE 09/7/2022 **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 '- 8. ATTEST Weld County Clerk to the Board BY BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Scott K James, Chair APPROVED AS TO SUBSTANCE Elected Official or Department Head Controller GS0722 BID REQUEST #B2200128 Page 13 ADDENDUM#1 BID REQUEST NO B2200128 PARKING LOT POTHOLE REPAIRS 1 Currently The map of Weld County Public Works complex at 1111 H Street did not show an area where potholes needed to be repaired but were identified on the lot in paint Change Area has been added onto the Public Works map and marked up as added on 8/22/22 as well as clouded with Addendum #1 Please note Bid Specification #6 in any further clarification is needed 2 Currently Current repair areas are painted out showing just the size of the repair area even if it is small Change Contractor may choose their best means and methods to perform the repair(s) The painted areas are the minimum repair area that the county will accept If the contractor would rather make larger patches that allow machinery to be utilized, that is acceptable to the County 3 Currently Repair areas are painted out showing small areas in close proximity to other repair areas with what will be low spots in between them Change Contractor will be responsible to make the best determination and attempt to not leave a low point between repairs where water could settle Repair areas should be patched together as one larger area if patches will cause a problem in the future 4 Currently Specifications call for patching to conform to USDOT FHWA-RD-99-168 Manual of Practice Change Contractor shall make each asphalt repair with one (1) base layer at three inches (3") and one (1) top layer at two inches (2") The base layer shall be a maximum of /4" aggregate The top layer shall be a maximum of %" aggregate Asphalt patch shall be placed over 5" of new road base ***We need signed copy on file Thank You,*** Addendum received by August 22, 2022 ASPHALT DOCTORS FIRM 1270 ROCK CREEK CIRCLE ADDRESS LAFAYETTE CO 80026 CITY AND STATE BRIAN RICE BY BRIAN@ASPHALTDOCTORS.NET EMAIL Go . gle ADDENDUM#2 BID REQUEST NO B2200128 PARKING LOT POTHOLE REPAIRS Page 1 currently reads Bids will be received until September 7, 2022 at 10 00 AM (Weld County Purchasing Time Clock) The submitted bids will be read over a Microsoft Teams Conference Call on September 7, 2022 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. 234 100 101 845 Change this to read Bids will be received until September 7, 2022 at 10.00 AM (Weld County Purchasing Time Clock) The submitted bids will be read over a Microsoft Teams Conference Call on September 7, 2022 at 10:30 AM. To loin, 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 234400-1-04445 388 047 009 ."."We need signed copy submitted with your bid Thank your'"* Addendum received by August 23, 2022 Asphalt Doctors FIRM 1270 ROCK CREEK CIRCLE ADDRESS LAFAYETTE CO 80026 CITY AND STATE BRIAN RICE BY BRIAN@ASPHALTDOCTORS.NET EMAIL Form W-9Request (Rev. October 2010) Department of the Treasury Internal Revenue Service for Taxpayer Identification Number and Certification D. Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. 1 Name (as shown on your income tax return). Name is required on thi& line; do not leave this line blank. Asphalt Doctors Inc 2 Business name/disregarded entity name, if different from above Asphalt Doctors M 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the P Y 4 Exemptions codes apply only to P ( PP Y Y following seven boxes. ❑ Individual/sole proprietor or ❑ C Corporation E S Corporation ❑ Partnership ❑ Trust/estate certain entities, not individuals; see instructions on page 3): 6 c single -member LLC Exempt payee code (if any) ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Pannership) ► rs 2 Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting c e 'C S 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 LLC that is not disregarded from the owner for U.S. federal tax Otherwise, a single -member LLC that code (if an Y) - - u purposes. is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ Other (see instructions) I. Aoa es +o a ounrs ,na+nrer ua oursiee+aa u.s., fA 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) in 1270 Rock Creek Circle City, state, and ZIP code Lafayette, CO 80026 7 List account number(s) here (optional) GM Taxpayer Identification Number IN Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number 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 !, later. For other entities, it is your employer identification number (El N). 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. or Employer identification number 4 5 2 2 2 0 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or 1 am waiting fora number to be issued to me); and 2. I am 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 failure 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 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 for Part II, later. Sign Signature of Here U.S. person ► liYVWJUNW JVi,I lto Date ► 04/08/2021 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 www.irs.gov/FormW9. 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 (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), 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. Examples 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) • Form 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. If 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 ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE:7O77 9/27/2022 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 The Buckner Company of Colorado 6400 S. Fiddlers Green Circle, Suite 950 Greenwood Village CO 80111 CONTACT Certificate Processing Team PHONE FAX (ac. No. E.: 303-756-9909 (ac, No): 303-756-8818 o'0REss: denver@buckner.com INSURER(S) AFFORDING COVERAGE NAIL It INSURER A: Plnnacol Assurance 41190 INSURED ASPHDOC-01 Asphalt Doctors, Inc. Nuckols Holdings, LLC 1270 Rock Creek Circle Lafayette CO 80026 INSURERS: Selective Insurance Co. 21415 INSURER C: INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 482023754 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. inTYPE LTR OF INSURANCE ADDL SUER INSD WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE %� OCCUR Y Y S2501004 11/15/2021 11/15/2022 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 500,000 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 1178 LOC OTHER: PRODUCTS - COMP/OP AGG $2,000,000 $ B AUTOMOBILE LIABILITY � X ANY AUTO OWNED AUTOS ONLY X HIRED AUTOS ONLY SCHEDULED AUTOS X NON -OWNED AUTOS ONLY Y Y S2501004 11/15/2021 11/15/2022 WaTti EDSINGLE LIMIT {Ea accident) $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ B X UMBRELLA LIAB EXCESS LIAR X OCCUR CLAIMS -MADE S2501004 11/15/2021 11/15/2022 ouscoocuoorsCE $$5,000,000 AGGREGATE $ $5,000,000 $ DED I I RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) kindescribe under DESCRIPTION OF OPERATIONS below Y N/A 4155038 4/1/2022 4/1/2023 X I SEATUTE I I KH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Blanket Property Spec Form Replacement Cost S2501004 11/15/2021 11/15/2022 Building / BPP Deductible Wind/Hail Deductible 1,471,122 1,000 2% DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is Additional Insured on a Primary and Non-contributory basis including Ongoing and Completed Operations per General Liability form CG7300 (01.19) and CG7988 (01/19) and Auto Liability per form CA7809 (11.17) . Waiver of Subrogation applies per General Liability form CG7300 (01.19), per Auto Liability form CA7809 (11.17) and per Work Comp form WC0003130. Umbrella is follow form - Additional Insured and Primary/Non-Contributory are provided under CXL449 (06.17). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Weld County, Colorado 1150 O Street Greeley CO 80631 AUTHORIZED REPRESENTATIVE I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract Form New Contract erinest Entity Inform ti Entity Name* ASPHALT DOCTORS INC Contract Name* PARKING LOT POTHOLE REPAIR Contract Status CTB REVIEW Entity ID 000046050 Contract Description * REPAIR POTHOLES IN VARIOUS PARKING LOTS Contract Description 2 Contract Type* CONTRACT Amount* 1122,516.00 Renewable* NO Automatic Renewal Grant IGA ❑ New Entity? Contract ID 6338 Contract Lead* SGEESAMAN Contract Lead Email sgeesaman@co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project Department Requested ItOCC Agenda Due Date BUILDINGS AND GROUNDS Date* 09,,222022 09/26/2022 Department Email CM- BuildingGroundsWweldgov.c om Department Head Email CM-BuildingGrounds- DeptHeadWweldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEYAWELDG OV.COM Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid JIlFP #* 82200128 If this is a renewal enter previous Contract ID If this is partof a NSA enter NSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contr Effective Date. Review Date* 12:19/2022 Renewal Date Termination Notice Period Committed Delivery Date Expiration Date. 12/19,2022 Contact Name Contact Type Contact Email Purchasing Purchasing Approver CHRISTIE PETERS Approvi Department Head TOBY TAYLOR DH Approved Date 09/28/2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda. Date 10/03/2022 Originator SGEESAMAN Finance Approver CHERYL PATTELLI Contact Phone I Contact Phone 2 Purchasing Approved Date 09/2812022 Finance Approved Date. 09/28/2022 Tyler Ref # AG 100322 Legal Counsel BRUCE BARKER Legal Counsel Approved Date 09/28)2022 September 8, 2022 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Toby Taylor Subject: Parking Lot Pothole Repair (82200128) As advertised this bid is for Parking Lot Pothole Repairs at various Weld County properties. The low bid is from Asphalt Doctors and meets or exceeds specifications. Therefore, the Facilities Department is recommending the award to Asphalt Doctors in the amount of $122,516.00 If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director Oct/ 2 Co Z(22 -2t1 boozq DATE OF BID: SEPTEMBER 7, 2022 REQUEST FOR: PARKING LOT POTHOLE REPAIRS DEPARTMENT: FACILITIES BID NO: B2200128 PRESENT DATE: SEPTEMBER 12, 2022 APPROVAL DATE: SEPTEMBER 26, 2022 VENDOR ASPHALT DOCTORS 1270 ROCK CREEK CIRCLE LAFAYETTE, CO 80026 METRO PAVERS INC. 7230 GILPIN WAY DENVER, CO 80229 MARTIN MARIETTA MATERIALS, INC. 1800 NORTH TAFT HILL ROAD FORT COLLINS, CO 80521 WELD COUNTY PURCHASING 1150 O Street, Room #107, Greeley, CO 80631 reverett anweldgov.com cgeiserttc7r.weldgov.com cmpeters(cr�,weldgov. com Phone: (970) 400-4222, 4223 or 4216 Fax: (970) 336-7226 START FINISH DATE DATE TOTAL 9/21/22 10/21/22 $122,516.00 10/18/22 10/28/22 $207,069.00 9/15/22 11/15/22 $234,100.00 THE FACILITIES DEPARTMENT IS REVIEWING THE BIDS. 2022-2571 oa/i 2 bei CNA Hello