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Home My WebLink About20221511.tiff/p 'eo..0•7O WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & COULSON EXCAVATING INC. WCR 72 AND 76 PAVING PROJECT THIS AGREEMENT is made and entered into this 20th day of June, 2022 by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Coulson Excavating Inc., [a corporation], who whose address is 3609 N. County Road 13, Loveland, CO 80538, hereinafter referred to as "Contractor". WHEREAS the WCR 72 and 76 Paving needs improvements, (hereinafter referred to as the "Project"), and WHEREAS in the interests of public health, safety, and welfare, it is necessary to undertake the improvements of the WCR 72 and 76 Paving, and WHEREAS County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit A. WHEREAS Contractor is willing to perform and has the specific ability to perform the required Construction Services at or below the cost set forth in Exhibit B. WHEREAS Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials, and services as set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: t . Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B2200071. The RFB contains all specific requirements of the County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Project described in Exhibit A which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated personnel to perform the services described on attached Exhibits A and B. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence, and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this 66:LI0 _- � � ) 020,2a--/07/ 7-4,'aA 7,1,022, X4008.0 Agreement. In its sole discretion, the County may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A and B. Both parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County that the Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by such termination or because 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 shalt 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, there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $1,618,076.80, which is the bid set forth in Exhibit B. Contractor acknowledges no payment greater than that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount greater than the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. 2 County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 315' of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County resulting from the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees, and agents are not entitled to unemployment insurance or workers' compensation benefits through County, and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees, and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records, and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced with the performance of this Agreement, whether such materials are in completed form, shall be considered the property of the County. Contractor shall not make use of such material for purposes other than this Agreement without prior written approval of County. 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., regarding 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. 3 11. Warranty. Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. This warranty shall commence on the date of County's final acceptance of the Project. 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the construction completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A -VIII" or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is greater than a deductible or self -insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. The County in no way warrants that the minimum limits contained herein are enough to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by failure to obtain or maintain insurance in enough amounts, duration, or types. Any modification to these requirements must be made in writing by Weld County. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of services, and the coordination of services rendered by the Contractor and shall, without additional compensation, remedy and correct any errors, omissions, or other deficiencies. 4 Indemnity: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contractor in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation, defense, and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain 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 the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Employers Liability) Statutory $500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and liability assumed under an insured contract. The policy shall be endorsed to include 1) the Additional Insured Endorsements CG 2010 (or equivalent), 2) CG 2037 Additional Insured for products/completed operations, and 3) the Designated Construction Projects General Aggregate Endorsement CG 2503. The policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations" and the minimum limits must be as follows: $1,000,000 each occurrence. $2,000,000 general aggregate. $2,000,000 products and completed operations aggregate. $1,000,000 Personal Advertising injury $50,000 any one fire; and $5,000 Medical payment one person Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. 5 Builder's Risk Insurance or Installation Floater — Completed Value Basis: Unless otherwise provided, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, Builder's Risk Insurance in the amount of the initial Contract Sum, plus value of subsequent modifications, change orders, and cost of material supplied or installed by others, compromising total value of the entire Project at the site on a replacement cost basis without optional deductibles. A. Policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off the site. B. Such Builder's Risk Insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the County's has insurable interest in the property covered, whichever is later. C. The Builder's Risk Insurance shall include interests of the County and if applicable, affiliated, or associated entities, the General Contractor, subcontractors, and sub -tier contractors in the Project. D. The Builder's Risk Insurance shall be written on a Special Covered Clause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false -work, temporary buildings, transit, debris removal including demolition, increased cost of construction, engineer's fees and expenses, flood (including water damage), earthquake, and if applicable, all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation, backfilling, filling, and grading. E. The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor except for losses that involve all Acts of God such as flood, earthquake, windstorm, etc. Additional provisions: Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: i. If any aggregate limit is reduced by twenty-five percent (25%) or more by paid or reserved claims, Contractor shall notify County within ten (10) days and reinstate the aggregates required. ii. Unlimited defense costs greater than excess of policy limits. Contractual liability covering the indemnification provisions of this Agreement. iv. A severability of interest provision. v. Waiver of exclusion for lawsuits by one insured against another. vi. A provision that coverage is primary; and vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by the County. For general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. 6 Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -vendors, suppliers, or other entities providing goods or services required by this Agreement shall be subject to the requirements herein and shall procure and maintain the same coverage required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub - vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 14. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers, and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes, or Governmental actions. 17. Notices. County may designate, prior to commencement of work, a representative who shall make 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 (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or d) transmission via facsimile, at the number set forth below, with a receipt or acknowledgment required by the sending party. 7 Either party may change its notice address by written notice to the other. Notification Information: County: Contractor: Attn.: Address: Address: E-mail: Phone: Name: Position: Address: Address: E-mail: Phone: Coulson Excavating Inc. Bill Clarkin 3609 N. County Road 13 Loveland, CO 80538 bill@coulsonex.com 970-667-2178 Michael Bedell, P.E. Senior Engineer P.O. Box 758 Greeley, CO. 80632-0758 mbedell@weldgov.com 970-301-0780 18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. Non -Exclusive Agreement. This Agreement is non-exclusive, and County may engage or use other Contractors or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 8 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent this Agreement is capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado, or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made during 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 9 in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 29. Official Engineering Publications. Contractor acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contractor under this Agreement, and Contractor agrees to meet or exceed all standards set by these publications. Contractor further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all the Contract Amount. 30. Compliance with Davis -Bacon Wage Rates. Not applicable. 31. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 32. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 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. 10 SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have signed this Agreement this U/� day o CONTRACTOR: Coulson Excavating Inc. B Name: ..4,164-11 CutVLSer / Title: t1ICI_ ?e -c; vncNZ WELD COUNTY: ATTEST: Weld Cou BY: dirk%) G° ada,'4. Clerk to the Board Deputy rk to the Bo 11 Date: (6' /a- 3 2022. Z.02-2 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Pro-Tem JUL 0 6 2022 Rose Everett From: Sent: To: Cc: Subject: Attachments: Bill Clarkin <bill@coulsonex.com> Thursday, June 2, 2022 9:20 AM bids Bill Clarkin; Matt Coulson; John PineHo WCR 72 8t 76 Proposal Coulson Excavating Bid Proposal-WCR 72 & 76.pdf Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. I hereby waive my right to a sealed bid Bill Clarkin COULSON EXCAVATING cell 1970-685-7660 office 1970-667-2178 email 1 Dilykouisonex.com 3609 N. County Road 13 Loveland, CO 80538 1 REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: MAY 4, 2022 BID NUMBER: B2200071 DESCRIPTION: WCR 72 AND 76 PAVING PROJECT MANDATORY PRE -BID CONFERENCE DATE: MAY 13, 2022 BID OPENING DATE: JUNE 2, 2022 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, wishes to purchase the following: WCR 72 AND 76 PAVING PROJECT The project in general consists of improvements to two miles of existing gravel roads. The project is located approximately 2 miles west of the Town of Eaton. Refer to the Bid Schedule for a list of the bid items and quantities. A mandatory pre -bid conference will be held at 1:00 P.M., on Friday, May 13, 2022, at the Weld County Public Works Building. The Public Works Building is located at 1111 H Street in Greeley. Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. Bids will be received until: Thursday. June 2, 2022,10:00 A.M. (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on May 13, 2022, at 10:30 A.M. 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: 533273600 PAGES 1-13 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL THE INFORMATION CONTAINED IN PAGES 1-13 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 13. 2. INVITATION TO BID: Weld County requests bids for the purchase of the above -listed merchandise, equipment, and/or services. Bids shall include 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. Merchandise and/or equipment shall be delivered to the location(s) specified herein. You can find information concerning this request on the BidNet Direct wesite at httbs://www.bidnetdirect.com Weld County Government is a member of BidNet Direct which is an online notification system being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. BID #82200071 Page 3 Bid Delivery to Weld County: E-mail. E -mailed bids are required. Bids may be e -mailed to: bids@weldgov.com; however, if your bid exceeds 25MB please upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500MB. PDF file format is required. E -mailed 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 we receive your bid/proposal. Please call Purchasing at 970-400-4223 or 4222 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 the bid of the individual signing. When requested by Weld County, satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all 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. Bids may be withdrawn upon written request to and approval of Weld County; 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. 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 Purchasing Department for the premature opening of a bid not properly addressed and identified. Weld County reserves the right to reject any 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. Terms Defined: Terms used in these instructions to Bidders and elsewhere throughout the Contract Documents are defined in the General Provisions, CDOT, Standard Specification for Road and Bridge Construction, Section 101, and in the Project Special Provisions. Familiarization with the Work: Before submitting his Bid, each prospective Bidder shall familiarize himself with the Work, the site where the Work is to be performed, local labor conditions and all local, state, and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. He shall carefully correlate his observations with requirements of the Contract Documents and Drawings and otherwise satisfy himself of the expense and difficulties attending performance of the Work. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with this condition. Interpretation of Contract Documents to Prospective Bidders: Any prospective Bidder who discovers ambiguities or is in doubt as to the true meaning of any part of the Contract Documents or Drawings shall make a request to the Project Engineer for an interpretation thereof. Interpretations will be made only by BID #B2200071 Page 4 Addenda, duly issued, and copies of each Addendum will be made readily available at the same source as the other bid documents by the Purchasing Department. Unless approved by the Project Engineer, no interpretation Addenda will be issued within the last seven (7) days before the date set for opening of Bids. The Bidder shall be solely responsible for any interpretation of the Contract Documents or Drawings other than by duly issued Addenda. Preparation of the Bid: 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. Bids by partnerships must be executed in the partnership name and signed by a partner. His title must appear under his signature and the official address of the partnership must be shown below the signature. Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign), and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Names of all persons signing must be printed below their signatures. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. Modification or Withdrawal of Bid: Bids may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the final time set for opening Bids. Bidders may modify or withdraw Bids by electronic communication at any time prior to the time set for receiving Bids provided the instruction is positively identified. Any electronic modification should not reveal the amended Bid price, but should provide only the addition, subtraction, or modification. A duly executed document confirming the electronic modification shall be submitted within three days after Bids are opened. The Purchasing Department can at their sole discretion, release any Bid at any time. 4. AWARD AND EXECUTION OF CONTRACT Basis of Award: Only firm Bids will be considered. The award of the Contract, if it is awarded, will be to the lowest responsible bidder whose Bid compares favorably upon evaluation with other Bids. Weld County intends to award the Contract to the lowest responsible Bidder within the limits of funds available and to best serve its interests. Weld County reserves the right to waive informalities and/or irregularities and to reject any or all bids. Evaluation of Bids: The evaluation of Bids will include consideration of Subcontractors and suppliers. All Bidders shall submit a list of all Subcontractors he expects to use in the Work with the Bid, if requested by the Project Engineer. The use of Subcontractors listed by the Bidder and accepted by Weld County prior to the Notice of Award will be required in the performance of the Work. All Bidders shall submit with their Bid a list of the suppliers as indicated in the Bid Forms, or as requested by the Project Engineer. Contract Execution: The successful Bidder shall be required to execute the Contract and to furnish the Performance Bond, Labor & Materials Payment Bond, and Certificate of Insurance within ten (10) calendar days of receipt of the Notice of Award. Failure to execute the contract and furnish the required paperwork within the time frame mentioned above shall be just cause for the annulment of the Award and, in the event of such annulment, the Award may then be made to another Bidder, or Weld County may reject all Bids or call for other Bids. In submitting the bid, the bidder agrees that the signed bid submitted, all the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), the successful bidder's response, 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. The County may require a separate contract, which if required, has been made a part of this bid. BID #82200071 Page 5 5. PERFORMANCE, LABOR, MATERIAL AND PAYMENT BOND The successful Bidder shall be required to execute the Performance Bond and Labor & Materials Payment Bond in the amount of 100% of the Contract plus the value of the force account items, covering the faithful performance of the Contract and the payment of all obligations arising there -under. The Bonds shall be executed on the forms included with the Contract Documents by a surety company authorized to do business in the State of Colorado and acceptable as surety to Weld County. The Bidder shall deliver the Bonds to the Owner within 10 (ten) calendar days of the Notice of Award. 6. INDIRECT COSTS Governmental Fees: The cost of all construction licenses, building and other permits, and governmental inspections required by public authorities for performing the Work, which are applicable at the time Bids are opened and which are not specified to be obtained by the County, shall be included in the Bid price. Royalties: The cost of all royalties and license fees on equipment and materials to be furnished and incorporated in the Work shall be included in the Bid price. Utilities: Unless otherwise specified, the Bidder shall include in his Bid the cost of all electrical, water, sanitary, gas, telephone, and similar facilities and services required by him in performing the Work. Cash Allowances: The Bidder shall include in his Bid such sums as he deems proper for overhead costs and profits on cash allowances named in the Bid Documents. 7. SITE CONDITIONS Familiarization with the Site: The prospective Bidder shall by careful examination, satisfy himself of the following: Nature and location of the site where the Work is to be performed. Character, quality, and quantity of surface and subsurface materials, water, structures and utilities to be encountered. Character of construction equipment and facilities needed for performance of the Work. General local conditions. Availability of lands as set forth in the General Conditions. Access to the Site: The Bidder shall carefully review the Drawings and the Project Special Provisions for provisions concerning access to the site during performance of the Work. The Bidder shall carefully review the locations of the site where the work is to be performed. The Bidder shall make all arrangements, as deemed necessary, for access to property outside of Weld County Right of Way, prior to beginning the work. 8. 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 illegal alien to perform work under this Agreement or enter a contract with a subcontractor that fails to certify with successful bidder that the subcontractor shall not knowingly employ or contract with an illegal BID #82200071 Page 6 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 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 Weld 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 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. 9. 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 funds will be available to fund the contract beyond the current fiscal year. B. Confidential Information: Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial 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., regarding public records, and cannot guarantee the confidentiality of all documents. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County, and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The BID #B2200071 Page 7 successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities regarding workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful 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 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. The successful bidder shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by Weld County may result in Weld 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 Weld County and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: Weld 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 Weld County for such additional services. Accordingly, no claim that Weld County has been unjustly enriched by any additional services, whether there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event written authorization and acknowledgment by Weld County for such additional services is not timely executed and issued in strict accordance with this Agreement, the successful bidder's rights BID #62200071 Page 8 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. N. Subcontractors: The successful bidder acknowledges that Weld County has entered into this Agreement in reliance upon the reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without Weld County's prior written consent, which may be withheld in Weld County's sole discretion. Weld 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 Weld County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by Weld 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 Weld County. Weld 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: Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is sublect to a one-year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. This warranty shall commence on the date of Weld County's final acceptance of the Prolect. 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 Weld County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by Weld County shall, at the option of Weld 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 Weld County. Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes, or Governmental actions. R. Non -Exclusive Agreement: This Agreement is non-exclusive, and Weld 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. Weld 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 in any business or personal activities or practices or maintain any relationships which 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 Weld 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 Weld 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. BID #62200071 Page 9 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. Compliance with Davis -Bacon Wage Rates: Not applicable. V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of Weld County Commissioners. W. Compensation Amount: Upon the successful bidder's successful completion of the construction of the Project, and Weld County's acceptance of the same, Weld County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment above that amount will be made by Weld County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Weld 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. 10. INSURANCE REQUIREMENTS General Requirements: Successful bidders/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders/Contract Professionals shall keep the required insurance coverage in force during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A -VIII" or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is above a deductible or self -insured retention, County must be notified by the Successful bidder/Contract Professional. Successful bidder/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder/Contract Professional. The County in no way warrants that the minimum limits contained herein are enough 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 its failure to obtain or maintain insurance in enough amounts, duration, or types. The successful bidder/Contract Professional 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 construction 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. BID #82200071 Page 10 INDEMNITY: The successful bidder shall defend, indemnify and hold harmless Weld 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 construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the 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 Weld 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 Weld County. A failure to comply with this provision shall result in Weld County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder/Contract Professional shall obtain, and maintain 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 the successful bidder's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against Weld 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 sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Employers Liability) Statutory $500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, liability assumed under an insured contract (including defense costs assumed under contract, designated construction projects(s) general aggregate limit, ISO CG 2503 or equivalent additional insured —owners, lessees or successful bidders endorsement, ISO Form 2010 or equivalent, additional insured —owners, lessees or successful bidders endorsement, ISO CG 2037 or equivalent, the policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Successful bidder, including completed operations" and the minimum limits must be as follows: $1,000,000 each occurrence. $2,000,000 general aggregate. $2,000,000 products and completed operations aggregate. $1,000,000 Personal Advertising injury. $50,000 any one fire; and $5,000 Medical payments one person Automobile Liability: Successful bidder/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on Weld County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. BID #B2200071 Page 11 Builder's Risk Insurance or Installation Floater — Completed Value Basis: Unless otherwise provided, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, Builder's Risk Insurance in the amount of the initial Contract Sum, plus value of subsequent modifications, change orders, and cost of material supplied or installed by others, compromising total value of the entire Project at the site on a replacement cost basis without optional deductibles. A. Policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off the site. B. Such Builder's Risk Insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than Weld County's has insurable interest in the property covered, whichever is later. C. The Builder's Risk Insurance shall include interests of Weld County and if applicable, affiliated, or associated entities, the General Contractor, subcontractors, and sub -tier contractors in the Project. D. The Builder's Risk Insurance shall be written on a Special Covered Clause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false -work, temporary buildings, transit, debris removal including demolition, increased cost of construction, engineer's fees and expenses, flood (including water damage), earthquake, and if applicable, all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation, backfilling, filling, and grading. E. The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor except for losses that involve all Acts of God such as flood, earthquake, windstorm, etc. Additional Provisions: Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: i. If any aggregate limit is reduced by twenty-five percent (25%) or more by paid or reserved claims, Successful bidder shall notify Weld County within ten (10) days and reinstate the aggregates required. ii. Unlimited defense costs above policy limits. iii. Contractual liability covering the indemnification provisions of this Agreement. iv. A severability of interest provision. v. Waiver of exclusion for lawsuits by one insured against another. vi. A provision that coverage is primary; and vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by Weld County. For general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to Weld County, whichever is earliest. Successful bidders/Contract Professionals shall secure and deliver to Weld County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid Request. BID *B2200071 Page 12 Proof of Insurance: Weld County reserves the right to require the successful bidder/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, successful bidder/Contract Professional's insurer shall name Weld County as additionally insured. Waiver of Subrogation: For all coverages, Successful bidder/Contract Professional's insurer shall waive subrogation rights against Weld 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 the • requirements herein and shall procure and maintain the same coverage required of Successful bidder/Contract Professional. Successful bidder/Contract Professional shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by Weld County. BID #B2200071 Page 13 BID PROPOSAL To: Weld County Purchasing Department P.O. Box 758, 1150 "O" Street Greeley, Colorado 80632 Attention: Rob Turf, Purchasing Manager Bid Proposal for: WCR 72 AND 76 PAVING PROJECT PROPOSAL Pursuant to and in full compliance with all Contract Documents the undersigned Bidder hereby proposes to furnish all labor and materials and to perform all Work required for the complete and prompt execution of everything described or shown in or reasonably implied from the Bidding Documents, including the Drawings and Specifications, for the Work above indicated for the monies indicated below which includes all State, County, and local taxes normally payable with respect to such Work. The amounts stated include all allowances for profit and overhead, taxes, fees, and permits, transportation, services, tools and equipment, labor and materials and other incidental costs. The Bidder shall include in their bid all Sales and Use Tax if applicable. State of Colorado and Weld County tax shall not be included. Upon application, the State of Colorado Department of Revenue shall issue to a Bidder a Certificate of Exemption indicating that the purchase of construction or building materials is for a purpose stated in Section 39-26- 114, CRS, and is free from Colorado State Sales Tax. EXAMINATION OF DOCUMENTS AND SITE The Bidder has carefully examined the Bidding Documents, including the Drawings and Specifications, and has examined the site of the Work, to fully appraise himself of the conditions at the site and to gain a clear understanding of the Work to be executed and is thoroughly familiar with all local, state, and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. PROPOSAL GUARANTEE This Bid Proposal is accompanied by the required Bid Bond of five percent (5%) based upon the Total Cost of all items required to be Bid. Weld County, Colorado is authorized to hold said Bid Bond for a period of not more than sixty (60) days after the opening of the Bids for the Work indicated, unless the undersigned Bidder is awarded the Contract within said period, in which event the Owner may retain said Bid Bond until the undersigned Bidder has executed the required Agreement and furnished the required Performance Bond, Labor & Materials Payment Bond, and Insurance. TIME OF COMPLETION The Bidder agrees to make his best effort to complete the entire Project as soon as possible and within the time specified in the Project Special Provisions after the issuance of the Notice to Proceed. EXECUTION OF DOCUMENTS The Bidder understands that if this Bid Proposal is accepted, he must execute the required Agreement and furnish the required Performance Bond, Labor & Materials Payment Bond, and Insurance Certificates within ten (10) days from the date of Notice of Award. METHOD OF AWARD Weld County reserves the right to reject any Bid from any Bidder to complete the Work as specified regardless of the amount of the Bid. It is understood by the Bidder that Bids shall be awarded and that should the cost of the Bid exceed budgeted funds, Weld County reserves the right to reject any or all Bids or portions of Work Bid or the use of any of the methods stated in the Instructions to Bidders to obtain the most advantageous Bid price. All bids will be reviewed by the Project Engineer. For any discrepancy between words and figures, the words will control. All mathematics will be checked, and the correct total used for determining the low bidder. BID #62200071 Page 14 ITEM NO. BID SCHEDULE: ITEM DESCRIPTION UNIT BID QUANTITY UNIT PRICE (DOLLARS) TOTAL PRICE (DOLLARS) 201 Clearing and Grubbing LS 1 $15,000.00 $15,000.00 202 Removal of Headwall EACH 2 $500.00 $1,000.00 202 Removal of Pipe LF 360 $8.70 $3,132.00 202 Removal of Asphalt Mat SY 130 $24.00 $3,120.00 202 Removal of Ground Sign EACH 5 $170.00 $850.00 203 Unclassified Excavation (CI P) CY 3,628 $19.00 $68,932.00 203 Embankment Material (CIP) CY 849 $40.00 $33,960.00 203 Proof Rolling HOUR 20 $190.00 $3,800.00 203 Utility Potholing HOUR 10 $350.00 $3,500.00 203 Sweeping (With Pick-up Broom) HOUR 10 $150.00 $1,500.00 206 Backfill (Flow -Fill) (Weld County Mix) CY 84 $170.00 $14,280.00 207 Topsoil Spread CY 2,470 $ 6 .15 $15,190.50 207 Stockpile Topsoil CY 2,837 $4.45 $12,624.65 208 Erosion Log Type (12 Inch) LF 1,540 $4.45 $6,853.00 208 Vehicle Tracking Pad EACH 4 $1,700.00 $6,800.00 208 Erosion Control Management DAY 43 $450.00 $19,350.00 208 Temporary Berms LF 4,389 $1.10 $4,827.90 210 Reset Mailbox Structure EACH 9 $510.00 $4,590.00 BID #82200071 Page 15 ITEM NO. BID SCHEDULE: ITEM DESCRIPTION UNIT BID QUANTITY UNIT PRICE (DOLLARS) TOTAL PRICE (DOLLARS) 210 Reset Monument (Type 4) EACH 4 $1,050.00 $4,200.00 210 Reset Ground Sign EACH 4 $285.00 $1,140.00 210 Adjust Water Valve Box EACH 1 $350.00 $350.00 212 Seeding (Native) (Drilled) ACRE 4.6 $725.00 $3,335.00 213 Mulching (Weed Free HaywiTackifier) ACRE 4.6 $1,530.00 $7,038.00 304 Aggregate Base Course (Class 6) TON 12,227 $36.00 $440,172.00 403 Hot Mix Asphalt (S) (100) (PG64-22) TON 5,527 $95.00 $525,065.00 603 13"x17" Corrugated Steel Arch Pipe LF 469 $80.00 $37,520.00 603 15'x21" Corrugated Steel Arch Pipe LF 86 $82.50 $7,095.00 603 14'x23" HERCP Pipe LF 40 $136.00 $5,440.00 612 Delineator (Drivable) (Type III) EACH 3 $285.00 $855.00 614 Sign Panel (Class I) SF 25 $28.35 $708.75 614 Steel Signpost (2'x2" Tubing) LF 27 $34.00 $918.00 614 Flashing Stop Sign (Materials Provided) EACH 5 $450.00 $2,250.00 620 Sanitary Facility EACH 2 $950.00 $1,900.00 625 Construction Surveying LS 1 $50,000.00 $50,000.00 626 Mobilization LS 1 $60,000.00 $60,000.00 627 Epoxy Pavement Marking GAL 172 $285.00 $49,020.00 BID #82200071 Page 16 ITEM NO. BID SCHEDULE: ITEM DESCRIPTION UNIT BID QUANTITY UNIT PRICE (DOLLARS) TOTAL PRICE (DOLLARS) 630 Traffic Control Flagging HOUR 120 $39.00 $4,680.00 630 Traffic Control Supervisor DAY 10 $850.00 $8,500.00 630 Traffic Control Inspection DAY `3 $170.00 $8,500.00 630 Barricade (Type 3 M -B) (Temporary) EACH 12 $170.00 $2,040.00 630 Construction Sign (Panel Size A) EACH 28 $85.00 $2,380.00 630 Construction Sign (Panel Size B) EACH 6 $110.00 $660.00 700 HA Minor Contract Revisions F/A 1 $150,000.00 $150,000.00 700 F/A Fuel Cost Adjustments F/A 1 $5,000.00 $5,000.00 700 F/A Asphalt Cement Cost Adjustments F/A 1 $20,000.00 $20,000.00 "NOTE. INCLUDE ALL FORCE ACCOUNT ITEMS IN TOTAL BID AMOUNT. Total Bid (Dollars): $1,618,076.80 ACCEPTANCE OF FUEL AND ASPHALT CEMENT COST ADJUSTMENTS: Bidders have the option to accept Fuel and Asphalt Cement Cost Adjustments in accordance with the Revision of CDOT Section 109 for Fuel Cost Adjustments and Asphalt Cement Cost Adjustments. To accept either of these standard special provisions, the bidder must fill in an "X" next to the "YES" below. No Fuel or Asphalt Cement Cost Adjustments will be made due to fuel or asphalt cement cost changes for bidders who answer "NO". If neither line is marked, the Department will assume the Contractor has voted "NO". After the bids are submitted, bidders will not be given any -other opportunity to accept or reject the Fuel or Asphalt Cement Cost Adjustments. YES, I choose to accept Fuel Cost Adjustments for this project. X NO, I choose NOT to accept Fuel Cost Adjustments for this project. YES, I choose to accept Asphalt Cement Cost Adjustments for this project. X NO, I choose NOT to accept Asphalt Cement Cost Adjustments for this project. BID #62200071 Page 17 NOTE: The following are items of work to be completed by Weld County: • Materials Quality Acceptance Testing • Construction Inspection RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications, and other Contract Documents. Addendum No. #1 Addendum No. #2 Date:5/13/22 Date: 5/13/22 By: Weld County By:Weld County Addendum No. #3 Date: 5/16/22 By: Weld County #4 5/16/22 Weld County Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price, or the actual quantities fumished, installed, or constructed. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all conditions, specifications and special provisions set forth in the request for proposal for Request No. #B2200071. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. Weld County is exempt from Colorado sales tax (exemption number 98-03551-0000). 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all documents of the Request for Proposal contained herein, 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. FIRM Coulson Excavating, Inc By Matthew Coulson MAILING ADDRESS 3609 N County Rd 13 CITY, STATE, ZIP CODE Loveland, CO. 80538 (Please print) DATE 6/2/2022 TELEPHONE NO (970) 667-2178 TAX ID # 84-0702158 SIGNATURE E-MAIL ADDRESS matt@coulsonex. com BID #82200071 Page 18 BID BOND PROJECT: WCR 72 AND 76 PAVING PROJECT KNOW ALL MEN BY THESE PRESENTS, that Coulson Excavating Co., Inc. a CO Corp. as Principal, and Western Surety Company a SD Corp. as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of Five Percent of Total Amount Bid Dollars ($ 5% ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated June 2, 2022 for the WCR 72 AND 76 PAVING PROJECT as set out in the accompanying Bid. WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform. NOW THEREFORE, if the principal shall, within the period specified therefore: A. On the attached prescribed forms presented to him for signature, enter a written Contract with the Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B. Withdraw said Bid within the time specified, or C. Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this 16th day of May corporate seal of each corporate party being hereto affixed, representative pursuant to authority of its governing board. Principal Coulson Excavating Co., Inc. Address 3609 North County Road #13, Loveland, CO 80538 ATTEST:AL.-6A_ .. By: t , ppm Akil,o_kve 5 ATTEST: r(4,"1/ -)l _ 1 _ f' Safaty'3rown, Surety Witness e.. BID #82200071 By: By: _ , 2022 the name and and these prevtality signed by its undersigned F t SEAL g s o� 1976 }i.; 4:;."-c: 094°. Q�,. 0� u44..a: m Surety Western Surety Company ULC 1_ e.er,110,'I Address 15 N Franklin/St..//Chicago, It 60606 &II Ashl a McCaugh ey, Attor Page 19 BID BOND INSTRUCTIONS The full firm name and residence of each individual party to the bond must be inserted in the first paragraph. If the principal is a partnership, the full name of all partners must be inserted In the first paragraph which must recite that they are partners composing the partnership (to be named), and all partners must execute the bond as individuals. The state of incorporation of each corporate parry to the bond must be inserted in the first paragraph and the bond must be executed under the corporate seal of said party attested by its secretary or other authorized officer. Power of Attorney must accompany this bond when signed by other than an officer of either the principal or surety. A standard printed bond form may be used in lieu of the foregoing form provided that the security stipulations protecting the Owner are not in any way reduced by use of such standard printed bond form. BID #82200071 Page 20 Western Surety Company POWER OF ATTORNEY APPOINTLNG INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Mark Sweigart, Donald E Appleby, Todd D Bengford, Sarah C Brown, Ashlea McCaughey, Jessica Jean Rini, Individually of Greenwood Village, CO, its true and lawfid Attorney(s)-in-Fact with frill power and authority hereby conferred to sign, seat and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 23rd day of June, 2021. State of South Dakota County ofMinnehaha } ss WESTERN SURETY COMPANY 1 T. Bruflat, Vice President On this 23rd day of June, 2021, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seat; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires March 2, 2026 011" ...............,..1.« s CERTIFICATE M. Bent, Notary Public 1, L. Nelson, Assistant Secretaty of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabovc set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 16th day of May • 2022 Form F4280-7-2012 WESTERN SURETY COMPANY L. Nelson, Assistant Seeretaty Go to yr cnasuretl,carn > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. Fomn (Rev. October 201a) °ephemera of the Inanity hexed Ilen a Service 9 Request for Taxpayer Identification Number and Certification ►GotD far instructions and the latest Infennalton. Give Form to the requester. Do not send to the IRS. t rr on your ancerre mk Coulson Excavating Company. Inc. Z entity name, if efewert blank 3 ; following for federal tax of the person whose name Is entered on Ire 1. Check only one al the ❑ Individual/sole propdelor or ❑ C Corporation ❑✓ S Cardamon ❑ Pormershlp ❑ Tnusi/aasete single -mamba LLC ❑ limited Wally company. Enter the tam deste ication (C=C corprdkan. S=S oapo itioru P=Partnership) Nets throat the soproprisle tea In the tine above for the tax dalliance ante of the sirade ienber owner. Do not deck LLC r! to LLC Y chased se a Wpiwnamber LLC drat le mrrwgarded from the owner unless the owner of the LLC is another LLC that is not dsagsded horn the owns for U.S. Weed tear puposes Otherains • ve gle.msmbre LLC ten is ch egsro ded from tie owner should deck the comprise box for the ins won of its owner. ❑ Other (see Iroheuornen 4 Exonwdorts (codes apply only to certain entities, not tndtvwuets; see Instructions on page 3): Exempt payee code Bt airy) Exemption hem FATCA reporting code elsow) pploss towawa auntarnfaars*r• US, II Address chards, street. eral apt. < 3609 North County Road 13 a Ciy.state eemr2JPcode Lowland. CO 80530 =COWIN Part I Taxpayer ttdeittifil:atiOft Number Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For Individuals, this is generally your social security number (SSN). However. for a resident ellen, sole prvprleh r, or disregarded entity. see the instructions for part I, later. For other entitles, it is your employer identification number (ERN). If you do not have a number, see How to get a AN, later. Note: II the account is in more than one name, see the instructions for line 1. Also see Whet Name and Number To Ohre the /iquesfer for guidelines on whose number to enter. or ti 4 0 7 0 2 1 5 8 Part II Certification Under penalties of perjury,1 certify that: 1. The number shown on this form is my correct taxpayer Identification number (or 1 am waiting for a number to be issued to met and 2.1 am not subject to backup withholding because: (a) I am exempt from backup withholding. or (b)1 have not been notified by the Internal Revenue Service (IRS) that t 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 1 em no longer subject to backup withholding; and 3.1 am a U.S. Citizen or other U.S. pereon (defined below); and 4. The FATCA code(s) entered enrols form Of arty) IndloWng that 1 am exempt from FATCA reporting Is correct. Certification instrintions. You must cross out item 2 above it you have been notified by the IRS that you are cared& subject to backup withholding because you have felled to report ell Interest and dividends on your lax return. For real estate transactions, item 2 does not apply. For mortgage interest paid. acqubition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement ORA), and generally, payments other than Interest and dividends. you are not required to sign the cerlification, but you must provide your correct TIN. See the Instrudions for Part II, later. Sign Here Signature of U.S. person ► General Instruct Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the west information about devetopntets related to Form W-9 and its insbuctons, such es legleletion enacted after they ware published, go to www.irs.gor/FormN9. Purpose of Form M Individual or entity (Form W-9 requester) who le required to file an information return with the IRS must obtain your correct taxpayer Identification number (TM) which may be your social security number (SSfN), individual taxpayer identification number (SIN), adoption taxpayer Identification number (ATM). or employer identification number (ERN), to repon on en information return the amount paid to you, or other anlourd reportable on an information return. Examples of Irdomtation returns include, but are not broiled to, the following. • Form 1099-INT (Interest earned or paid) tea► 4/16/2021 • Form 1099-DN (dividends, Including those from stocks or mutual funds) • Form 11199-MISC (various types of Income, prizes, awards. or gross proceeds) • Farrn 1099-8 (stock or mutual fund sates and certain other transadbns by brokers) • Forrrn 1099-S (proceeds from reel estate • Form 1099-K (merchant card and third party network transactions) • Form 1t (home mortgage Interest), 1098-E (student loan Interest), 1090-T • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandorwrie t of Secured propely) Use Form W-9 only if you are a U.S. parson (Induding a resident alien). to provide your correct nu. yyou do not return Fonm W-9 to the requester with a TIN, you might be subject to backup withholding. See what is backup withholding, hater. Cat. No. 10231x Ferri W-9 dem 10-201e) PERFORMANCE BOND Bond Number: 30156057 (PAGE 34 OF 2) PROJECT: WCR 72 AND 76 PAVING PROJECT KNOW ALL MEN BY THE PRESENTS; that Coulson Excavating Co., Inc. (Name of Contractor) 3609 North County Road X13. Loveland, CO 80538 (Address of Contractor) Corporation , hereinafter called Contractor, and a (Corporation, Partnership, or Individual) Western Surety Company (Name of Surety) 151 N Franklin St., Chicago, IL 60606 (Address of Surety) hereinafter called surety, are held, and firmly bound unto Weld County, Colorado (Name of Owner) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of One Million, Six Hundred Eighteen* Dollars, ($ 1,618.076.80 ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered a certain Contract with the Owner, dated the 20th day of June , 2022, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: WCR 72 AND 76 PAVING PROJECT described in the Invitation for Bids, Bid No. B2200071. NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. *Thousand, Seventy Six and 80/100 BID ftB2200071 Page 34 PERFORMANCE BOND (PAGE 35 OF 2) PROJECT: WCR 72 AND 76 PAVING PROJECT Bond Number: 30156057 PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this 20th (Contracto bkfwict (SEAL) fCo ?) �N ' Its • 0 June , 2022. \ � . � '•, O �pRPQRgIc „...1... s la(SEAL g � ��c 1976 .g :o= S$ m'•, Or, O •'e? 13Y _ .ecreta v;7a-yLORP�'.i".$ M�,� 2443-1‘.\44:0' aa3a �.\44:,Jt't" ' *• • u•''v,,,` Coulson Excavating Co., Inc. Not Applicable (Witness as to Contractor) Not Applicable (Address) ATTEST: Not Applicable (SEAL) (Surety) Secretary Witness s to Sure E c Rothfield 7600 East Orchard Road, Suite 230 South (Address) Greenwood Village, CO 80111 Contract 3609 North County Road #13 (Address) Loveland, CO 80538 Western Surety Company By Attomey-in- act �,� hleCau ey 151 N Fran (Address) Chicago, IL 60606 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID #82200071 Page 35 LABOR & MATERIALS PAYMENT BOND Bond Number: 30156057 (PAGE 36 OF 2) PROJECT: WCR 72 AND 76 PAVING PROJECT KNOW ALL MEN BY THE PRESENTS; that Coulson Excavating Co., Inc. (Name of Contractor) 3609 North County Road #13, Loveland, CO 80538 (Address of Contractor) Corporation , hereinafter called Contractor, and a (Corporation, Partnership, or Individual) Western Surety Company (Name of Surety) 151 N Franklin St., Chicago, IL 60606 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of One Million, Six Hundred Eighteen Thousand, Seventy Six and 801100 Dollars ($ 1,618,076.80 ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered a certain Contract with the Owner, dated the 20th day of June , 2022, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: WCR 72 AND 76 PAVING PROJECT described in the Invitation for Bids, Bid No. B2200071. NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. BID #B2200071 Page 36 LABOR & MATERIALS PAYMENT BOND (PAGE 37 OF 2) Bond Number: 30156057 PROJECT: WCR 72 AND 76 PAVING PROJECT PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this 20th atruH...4 day of June , 2022. y a 0 €X: `'SEAL a= W: •�_ 1976 (Contrac ) S Rpm, p QO�.`'. �� coat-syn.)/v, cc rrr� t�ve� DvAO a "I*O a �feitt e.t.9.1, P ��,4 ''' (SEAL) Coulson Excavating Co., Inc. Contractor Not Applicable (Witness as to Contractor) Not Applicable (Address) ATTEST: Not Applicable (Surety) Secretary (SEAL) 3609 North County Road #13 (Address) Loveland, CO 80538 By Witness as to Surety ric Rothf Id Attorney -in -Fact As Western Surety Company 7600 East Orchard Road, Suite 230 South (Address) Greenwood Village, CO 80111 151 N Fran (Address) Chicago, IL 60606 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID #82200071 Page 37 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Mark Sweigart, Donald E Appleby, Todd D Bengford, Sarah C Brown, Ashlea McCaughey, Jessica Jean Rini, Individually of Greenwood Village, CO, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 23rd day of June, 2021. State of South Dakota County of Minnehaha } ss WESTERN SURETY COMPANY aW T. Brvflae Vice President au1 T. Btuflat, Vice President On this 23rd day of June, 2021, before me personally came Paul T. Braid, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that be is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires March 2, 2026 r--- lnBENT "1 faraway PUBLIC • SOUTH BANOS\ ... CERTIFICATE ile•Adf M. Bent, Notary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 20th daY of June 2022 WESTERN SURETY COMPANY Form F4280-7-2012 r L. Nelson, Assistant Secretary Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. POLICY NUMBER: BAP 3888950-16 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: COULSON EXCAVATING COMPANY, INC. Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): ONLY THOSE PERSONS OR ORGANIZATIONS WHERE REQUIRED BY WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CA20481013 © Insurance Services Office, Inc., 2011 Page 1 of 2 Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 2 of 2 Coverage Extension Endorsement ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. BAP3888950-16 05/01/2022 05/01/2023 05/01/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II — Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment — Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. U -CA -424-F CW (04-14) Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II — Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II — Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section III — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV — Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage — Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: U -CA -424-F CW (04-14) Page 2 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of "loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". U -CA -424-F CW (04-14) Page 3 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. K. Airbag Coverage The Exclusion in Paragraph B.3.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.4.a. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Physical Damage — Comprehensive Coverage — Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss" from any one cause is $5,000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos — Physical Damage 1. The following is added to Section I - Covered Autos: Temporary Substitute Autos — Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos — Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. O. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any U -CA -424-F CW (04-14) Page 4 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. Q. Employee Hired Autos — Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto — World Wide Coverage Paragraph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. U -CA -424-F CW (04-14) Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. U. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II — Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. V. Physical Damage — Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section III — Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. U -CA -424-F CW (04-14) Page 6 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. A`CCPR�® .I CERTIFICATE OF LIABILITY INSURANCE ft....../' DATE (MM/DDIYYYY) 06/20/2022 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 1-844-484-7750 Holmes Murphy & Associates - CO 7600 East Orchard Road, Suite 230 South Greenwood Village, CO 80111 CONTACT NAME: Nick Brown PHONE FAX (A/C. No. Extl: 720-458-5770 (NC, No): E-MAIL NBrown@holmesmurphy.com ADDRESS: rP Y.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: ZURICH AMER INS CO 16535 INSURED Coulson Excavating Company, Inc. 3609 North County Road #13 Loveland, CO 80538 INSURER B: GREAT AMER INS CO 16691 INSURER CNAVIGATORS SPECIALTY INS CO 36056 INSURER D:AGCS MARINE INS CO 22837 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 65883585 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL MMD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) 05/01/22 POLICY EXP (MM/DD/YYYY) 05/01/23 LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY OTHER: X PRO- JECT LOC GLO388894916 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 100,000 $ 10,000 PERSONAL& ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 A AU X X OMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY % AUTOS ONLY BAP388895016 05/01/22 05/01/23 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) $ 1,000,000 BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE DED X RETENT ON $ 0 TUE033270513 05/01/22 05/01/23 EACH OCCURRENCE $ 10,000,000 $ 10,000,000 AGGREGATE A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYP ROPRI ETO R/PARTNE R/EXEC UTI V E OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Pollution/Professional Liab. Leased/Rented Equipment Y/N N N/A WC388895916 05/01/22 05/01/23 X I STATUTE PER 1ROETH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 Ded:25,000 Ded:1,000 C D SF22ECP0A2YQ7IC MZI93071975 05/01/22 05/01/22 05/01/23 05/01/23 $1,000,000 $900,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: WCR 72 and 76 Paving As required by written contract or written agreement, County of Weld, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers are included as Additional Insureds under General Liability, Automobile Liability and Umbrella Liability with respect to th above referenced. CERTIFICATE HOLDER CANCELLATION County of Weld 1150 O Street Greeley, CO 80631 I USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ill ACORD 25 (2016/03) VMancha 65883585 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE 06/20/2022 NAME OF INSURED: Coulson Excavating Company, Inc. As required by written contract or written agreement, a Waiver of Subrogation in favor of County of Weld, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees employees, agents, and volunteers applies to Workers Compensation, General Liability, Automobile Liability and Umbrella Liability with respect to the above referenced. SUPP (10/00) Additional Insured — Automatic — Owners, Lessees Or Contractors ZURICH@ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO388894916 Effective Date: 05/01/2022 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" and subject to the following: 1. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition); or b. The ISO CG 20 37 (10/01 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" arises out of: (1) Your ongoing operations, with respect to Paragraph 1.a. above; or (2) "Your work", with respect to Paragraph 1.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 1., insurance afforded to such additional insured: (a) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (b) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 2. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (07/04 edition); or b. The ISO CG 20 37 (07/04 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, U -GL -2162-A CW (02/19) Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. in the performance of: (a) Your ongoing operations, with respect to Paragraph 2.a. above; or (b) "Your work" and included in the "products -completed operations hazard", with respect to Paragraph 2.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 2., insurance afforded to such additional insured: (i) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (ii) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 3. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 10 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to ongoing operations (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, in the performance of your ongoing operations, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 3., insurance afforded to such additional insured: (a) Only applies to the extent permitted by law; (b) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; and (c) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement. 4. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 37 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to the "products -completed operations hazard" (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury" or "property damage" is caused, in whole or in part by "your work" and included in the "products -completed operations hazard", which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 4., insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; (3) Only applies if the "bodily injury" or "property damage" occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (4) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. U -GL -2162-A CW (02/19) Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. B. Solely with respect to the insurance afforded to any additional insured referenced in Section A. of this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C. Solely with respect to the coverage provided by this endorsement, the following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: (1) We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; (2) We receive written notice of a claim or "suit" as soon as practicable; and (3) A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. Solely with respect to the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition under Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. Solely with respect to the insurance afforded to an additional insured under Paragraph A.3. or Paragraph A.4. of this endorsement, the following is added to Section III — Limits Of Insurance: Additional Insured — Automatic — Owners, Lessees Or Contractors Limit The most we will pay on behalf of the additional insured is the amount of insurance: U -GL -2162-A CW (02/19) Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1. Required by the written contract or written agreement referenced in Section A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms, conditions, provisions and exclusions of this policy remain the same. U -GL -2162-A CW (02/19) Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Waiver Of Subrogation (Blanket) Endorsement Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add'1 Prem. Retum Prem. WC3888959-16 05/01/2022 05/1/2023 05/01/2022 79631000 $ INCL $ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U -GL -925-B CW (12/01) Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, EXCEPT WHERE PROHIBITED BY LAW This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 5/1/2022 Policy No. WC388895916 Endorsement No. Insured Coulson Excavating Company, Inc. Premium $ Insurance Company Zurich American Insurance Company Countersigned By WC 00 03 13 (Ed. 4-84) Copyright 1983 National Council on Compensation Insurance Contract Form Entity Information New Contract Request Entity Name* Entity ID's COULSON EXCAVATING CO INN g uo004s7o Contract Name* WCR 72 AND 76 PAVING Contract Status CTE REVIEW ❑ New Entity? Contract ID 6070 Contract Lead* MEEDELL Contract Lead Email MBedell@co,weld.cc.us Parent Contract ID Requires Board Approval YES Department Project # CR-55 Contract Description* A CONSTRUCTION CONTRACT ASSOCIATED WITH ASPHALT PAVING OF 2 MILES OF ROADWAY: WCR 72 AND 76 BETWEEN WCR31 .A.ND 33. Contract Description 2 Contract Type* CONTRACT Amount* S 1 ,61 B,076.S0 Renewable* NO Automatic Renewal NO Grant NO IGA NO Department PUBLIC WORKS Requested BOCC Agenda Date* 6 2? 2022 Due Date 06 25 2022 Department Email CM- Will a work session with BOCC be required?* PublicWorks.s weldgov.com Nn Department Head Email CM -Public- ,rork.:s- DeptHead ?,veldgov,cor County Attorney GENERAL COUNT' ATTORNEY EMAIL County Attorney Email CA1- COUNTYATTORNEY -IWELDG OV.COM Does Contract require Purchasing Dept. to be included? YES Bid J RFP #* B2200071 If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services .Agreement Number should OnBase Contract Dates Effective Date Review Date* 12. 31 2022 left blank if those contracts are not in Renewal Date Termination Notice Period Committed Delivery Date Expiration Date d 12 31 2022 Contact Information Contact Info Contact Name Purchasing Purchasing Approver CHERYL PATTELLI Approval Process Department Head .CURTIS HALL DH Approved Date ?6,'27'2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 07 06 20'2 Originator MBEDELL Contact Type Contact Email Finance Approver CHERYL PA I I ELLI Contact Phone 1 Purchasing Approved Date 06,28,'2022 Finance Approved Date 06 28 2022 Tyler Ref 1t AC 070622 Legal Counsel BRUCE BARKER Contact Phone 2 Legal Counsel Approved Date { 28 2022 MEMORANDUM Date: June 7, 2022 To: Christie Peters, Purchasing Manager From: Michael Bedell, P.E., Senior Engineer RE: Bid Request No. B2200071 BOCC Approval Date June 20, 2022 Bids were received and opened on June 2, 2022, for contracted construction of the WCR72 and 76 Paving Project. Five (5) bids were received ranging from $1,618,076.80 to $2,125,445.20 with the lowest bid submitted by Coulson Excavating Inc. from Loveland, Colorado. The Engineer's Estimate for this project was $1,383,664.50. The submitted bids have been reviewed for errors and completeness. Zak Dirt Inc. had a $100,000.00 math error in their bid, which did not affect the outcome, and no other errors or discrepancies were apparent. The bid tabulation is attached for your information. It is staffs recommendation to award the construction contract to Coulson Excavating Inc. for a total amount of $1,618,076.80. Even though the total amount of this bid exceeds the Engineer's Estimate for this project by $234,412.30, Finance has authorized approval for the additional funds. Public Works has worked successfully with the Contractor in the past, on similar projects. If this bid is approved by the BOCC on June 20th, construction is planned to commence in July 2022 and is planned to be completed in September 2022. ©W /ZO ZpZZ-151 1 EC 0n° WELD COUNTY PURCHASING 1150 O Street, Room 107, Greeley, CO 80631 E -Mail: cmpeters@weldgov.com E-mail: reverett(a�weldciov.com Phone: 970) 400-4223, 4222 Fax: (970) 336-7226 DATE OF BID: JUNE 2, 2022 REQUEST FOR: WCR 72 & 76 PAVING PROJECT DEPARTMENT: PUBLIC WORKS BID NO: #B2200071 PRESENT DATE: JUNE 6, 2022 APPROVAL DATE: JUNE 20, 2022 VENDOR TOTAL COULSON EXCAVATING INC 3609 N. COUNTY RD 13 LOVELAND CO 80538 CONNELL RESOURCES INC 7785 HIGHLAND MEADOWS PKWY, STE 100 FORT COLLINS CO 80528 MOUNTAIN CONSTRUCTORS INC PO BOX 405 622 MAIN STREET PLATTEVILLE CO 80651 DURAN EXCAVATING INC 14332 CR 64 GREELEY CO 80631 ZAK DIRT INC 14290 HILLTOP ROAD LONGMONT CO 80504 **ENGINEERING ESTIMATE - $1,383,664.50 PUBLIC WORKS IS REVIEWING THE BIDS. $1,618,076.80 $1,828,384.20 $1,847,785.00 $1,964,867.00 $2,125,445.20 2022-1511 C) /O(o CUM BID TABULATION 6-02-22 WCR 72 AND 76 PAVING B2200071 ITEM NUMBER CONTRACT ITEM L UNIT ESTIMATED QUANTITY UNIT PRICE TOTAL Engineer's Engineer's UNIT PRICE TOTAL Coulson Coulson UNIT PRICE TOTAL Connell Connell UNIT PRICE TOTAL Mountain Mountain UNIT PRICE TOTAL Zak Dirt Zak Dirt UNIT PRICE TOTAL Duran Duran 201 Clearing and Grubbing LS 1 $5,000.00 $5,000.00 $15,000.00 $15,000.00 $12,000.00 $12,000.00 $49,490.76 $49,490.76 $111,095.00 $111,095.00 $28,380.00 $28,380.00 202 Removal of Headwall EACH 2 $1,000.00 $2,000.00 $500.00 $1,000.00 $750.00 $1,500.00 $1,591.88 $3,183.76 $600.00 $1,200.00 $450.00 $900.00 202 Removal of Pipe , LF 360 $20.00 $7,200.00 $8.70 $3,132.00 $30.00 $10,800.00 $38.35 $13,806.00 $50.00 $18,000.00 $46.00 $16,560.00 202 Removal of Asphalt Mat 1 SY 130 $15.00 $1,950.00 $24.00 $3,120.00 $54.00 $7,020.00 $33.57 $4,364.10 $23.00 $2,990.00 $32.00 $4,160.00 202 Removal of Ground Sign I EACH 5 $100.00 $500.00 $170.00 $850.00 $202.00 $1,010.00 $102.50 $512.50 $311.00 $1,555.00 $245.00 $1,225.00 203 Unclassified Excavation(CIP) CY 3628 $10.00 $36,280.00 $19.00 $68,932.00 $22.75 $82,537.00 $18.35 $66,573.80 $40.00 $145,120.00 $57.00 $206,796.00 203 Embankment Material (CIP) 1 CY 849 $10.00 $8,490.00 $40.00 $33,960.00 $39.00 $33,111.00 $16.15 $13,711.35 $13.60 $11,546.40 $22.00 $18,678.00 203 Proof Rolling HOUR 20 $100.00 $2,000.00 $190.00 $3,800.00 $194.00 $3,880.00 $165.00 $3,300.00 $100.00 $2,000.00 $150.00 $3,000.00 203 Utility Potholing HOUR 10 $250.00 $2,500.00 $350.00 $3,500.00 $315.00 $3,150.00 $281.25 $2,812.50 $262.00 $2,620.00 $400.00 $4,000.00 203 Sweeping (with pick-up broom) LHOUR 10 $150.00 $1,500.00 $150.00 $1,500.00 $200.00 $2,000.00 $180.00 $1,800.00 $248.00 $2,480.00 $300.00 $3,000.00 206 Structure Backfill (Flow -Fill) (County Mix) I J CY 84 $150.00 $12,600.00 $170.00 $14,280.00 $213.00 $17,892.00 $225.00 $18,900.00 $390.00 $32,760.00 $170.00 $14,280.00 207 Topsoil (Spread) CY 2470 $6.00 $14,820.00 $6.15 $15,190.50 $22.70 $56,069.00 $16.27 $40,186.90 $3.45 $8,521.50 $5.00 $12,350.00 207 Topsoil (Stockpile) j CY 2837 $6.00 $17,022.00 $4.45 $12,624.65 $5.00 $14,185.00 $20.81 $59,037.97 $7.20 $20,426.40 $8.00 $22,696.00 208 Erosion Log Type 1 (12 inch) , LF 1540 $6.00 $9,240.00 $4.45 $6,853.00 $7.60 $11,704.00 $7.20 $11,088.00 $6.20 $9,548.00 $8.30 $12,782.00 208 Vehicle Tracking Pad TEACH 4 $2,000.00 $8,000.00 $1,700.00 $6,800.00 $2,200.00 $8,800.00 $2,137.19 $8,548.76 $5,560.00 $22,240.00 $4,900.00 $19,600.00 208 Erosion Control Management ; DAY 43 $200.00 $8,600.00 $450.00 $19,350.00 $75.00 $3,225.00 $245.00 $10,535.00 $425.00 $18,275.00 $220.00 $9,460.00 208 Temporary Earthen Berms LF 4389 $2.50 $10,972.50 $1.10 $4,827.90 $0.55 $2,413.95 $5.00 $21,945.00 $2.20 $9,655.80 $3.00 $13,167.00 210 Reset Mailbox Structure BEACH 9 $200.00 $1,800.00 $510.00 $4,590.00 $300.00 $2,700.00 $270.00 $2,430.00 $500.00 $4,500.00 $400.00 $3,600.00 210 Reset Survey Monument (Type 4) ;EACH 4 $500.00 $2,000.00 $1,050.00 $4,200.00 $5,000.00 $20,000.00 $360.00 $1,440.00 $175.00 $700.00 $550.00 $2,200.00 210 Reset Ground Sign I I EACH 4 $200.00 $800.00 $285.00 $1,140.00 $260.00 $1,040.00 $240.00 $960.00 $200.00 $800.00 $185.00 $740.00 210 Adjust Water Valve Box EACH 1 $200.00 $200.00 $350.00 $350.00 $800.00 $800.00 $485.00 $485.00 $500.00 $500.00 $605.00 $605.00 212 Seeding (Native) (Drilled) i ACRE 4.6 $1,500.00 $6,900.00 $725.00 $3,335.00 $735.00 $3,381.00 $660.00 $3,036.00 $900.00 $4,140.00 $1,650.00 $7,590.00 213 Mulching (weed -free hay with tackifier) ACRE 4.6 $1,500.00 $6,900.00 $1,530.00 $7,038.00 $2,000.00 $9,200.00 $1,740.00 $8,004.00 $1,900.00 $8,740.00 $1,900.00 $8,740.00 304 Aggregate Base Course (Class 6) TON 12227 $25.00 $305,675.00 $36.00 $440,172.00 $34.75 $424,888.25 $31.20 $381,482.40 $34.90 $426,722.30 $30.00 $366,810.00 403 HMA (Grade S) (100) (PG64-22) TON 5527 $100.00 $552,700.00 $95.00 $525,065.00 $116.00 $641,132.00 $116.22 $642,347.94 $134.20 $741,723.40 $109.00 $602,443.00 603 13" x 17" Corrugated Steel Pipe Arch . LF 469 $80.00 $37,520.00 $80.00 $37,520.00 $110.00 $51,590.00 $106.19 $49,803.11 $130.00 $60,970.00 $131.00 $61,439.00 603 15" x 21" Corrugated Steel Pipe Arch LF 86 $90.00 $7,740.00 $82.50 $7,095.00 $120.00 $10,320.00 $148.45 $12,766.70 $138.00 $11,868.00 $153.00 $13,158.00 603 14" x 23" HERCP Pipe LF 40 $90.00 $3,600.00 $136.00 $5,440.00 $190.00 $7,600.00 $265.86 $10,634.40 $221.00 $8,840.00 $212.00 $8,480.00 612 Delineator (Driveable) (Type III) EACH 3 $150.00 $450.00 $285.00 $855.00 $126.00 $378.00 $120.00 $360.00 $229.00 $687.00 $178.00 $534.00 614 Sign Panel (Class I) SF 25 $30.00 $750.00 $28.35 $708.75 $24.00 $600.00 $22.80 $570.00 $43.00 $1,075.00 $35.00 $875.00 614 Steel Sign Post (2" x 2" tubing) i LF 27 $25.00 $675.00 $34.00 $918.00 $14.00 $378.00 $13.20 $356.40 $50.20 $1,355.40 $39.00 $1,053.00 614 Flashing Stop Signs (materials provided) EACH 5 $500.00 $2,500.00 $450.00 $2,250.00 $630.00 $3,150.00 $600.00 $3,000.00 $207.00 $1,035.00 $1,650.00 $8,250.00 620 Sanitary Facility I EACH 2 $2,000.00 $4,000.00 $950.00 $1,900.00 $650.00 $1,300.00 $1,562.50 $3,125.00 $700.00 $1,400.00 $660.00 $1,320.00 625 Construction Surveying LS 1 $15,000.00 $15,000.00 $50,000.00 $50,000.00 $32,000.00 $32,000.00 $57,056.25 $57,056.25 $62,000.00 $62,000.00 $80,000.00 $80,000.00 626 Mobilization i LS 1 $60,000.00 $60,000.00 $60,000.00 $60,000.00 $93,000.00 $93,000.00 $100,235.40 $100,235.40 $115,000.00 $115,000.00 $161,000.00 $161,000.00 627 Epoxy Pavement Marking • I , GAL 172 $150.00 $25,800.00 $285.00 $49,020.00 $285.00 $49,020.00 $228.00 $39,216.00 $270.00 $46,440.00 $241.00 $41,452.00 630 Traffic Control Flagging HOUR 120 $30.00 $3,600.00 $39.00 $4,680.00 $40.00 $4,800.00 $37.20 $4,464.00 $54.00 $6,480.00 $40.00 $4,800.00 Traffic Control Supervisor ii,630 DAY 10 $650.00 $6,500.00 $850.00 $8,500.00 $750.00 $7,500.00 $690.00 $6,900.00 $1,000.00 $10,000.00 $750.00 $7,500.00 630 Traffic Control Inspection , ! DAY 50 $150.00 $7,500.00 $170.00 $8,500.00 $150.00 $7,500.00 $115.20 $5,760.00 $176.00 $8,800.00 $220.00 $11,000.00 630 Barricade (Type 3 M -B) (Temporary) EACH 12 $400.00 $4,800.00 $170.00 $2,040.00 $550.00 $6,600.00 $480.00 $5,760.00 $140.00 $1,680.00 $114.00 $1,368.00 630 Construction Traffic Sign (Panel Size A) , I EACH 28 $75.00 $2,100.00 $85.00 $2,380.00 $90.00 $2,520.00 $78.00 $2,184.00 $123.00 $3,444.00 $96.00 $2,688.00 630 Construction Traffic Sign (Panel Size B) EACH 6 $80.00 $480.00 $110.00 $660.00 $115.00 $690.00 $102.00 $612.00 $252.00 $1,512.00 $198.00 $1,188.00 700 Force Account- Minor Contract Revisions F/A 1 $150,000.00 $150,000.00 $150,000.00 $150,000.00 $150,000.00 $150,000.00 $150,000.00 $150,000.00 $150,000.00 $150,000.00 $150,000.00 $150,000.00 700 Force Account - Fuel Cost Adjustments F/A 1 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 700 Force Account- Asphalt Cost Adjustments F/A _ 1 _ $20,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 Bidding Errors or Discrepancies TOTAL I $1,383,66.4.50 TOTAL $1,618,076.80 TOTAL $1,828,384.20 TOTAL $1,847,785.00 TOTAL $2,125,445.20 TOTAL $1,964,867.00 NIA No Errors No Errors No Errors $100,000.00 Increase No Errors Hello