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Home My WebLink About20211531.tiffConk o* 1 to(ozl (. BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Weld County 2022 Paving Fabric Supply and Installation Renewal DEPARTMENT: Weld County Public Works / Pavement Management DATE: 7.23.2022 PERSON REQUESTING: Joshua Holbrook Brief description of the problem/issue: The original agreement for the paving fabric supply and installation Contract has the option to be extended from one year to the next as permitted by the contract. This extension would be the second year of a three- year term limit. The contract also allows for yearly rate adjustments based upon the ENR asphalt/cement cost index for PG 58 (Denver), which shows a 9.54% increase per ton from 2021 to 2022. Vance Brothers, Inc has requested an increase of 17.36%. Vance Brothers, Inc. shared their pricing for their Asphalt Cement supply in 2021 (bid year) and 2022 season and for the Tencate Geosynthetic Mirafi products. The price per liquid ton of AC has increased 75% ($450.00 a liquid ton in 2021 to $790 a liquid ton in 2022). The Mirafi paving products has increase 7%. Vance Brothers, Inc was awarded this contract as the lowest bid in 2021, Attached to this pass -around is a copy of the 2022 Fee Schedule(s), a cost comparison from 2021 to 2022 and pricing increase letters. The total amount of $392,304.80 is within the 2022 budget. Public Works has been satisfied with their product. What options exist for the Board? (Include consequences, impacts, costs, etc. of options): The Board may request a work session to discuss this further. Recommendation: Staff recommends approval for a second year for Vance Brothers, Inc under the Paving Fabric Supply and Installation contract. Approve Sche ule Recommendation Work Session Other/Comments: Perry L. Buck Mike Freeman, Pro -Tern Scott K. James, Chair _ Steve Moreno l e Lori Seine 'nam/�atii Attachments 2022 Fee Schedule 2021-2022 Cost comparison Price Increase letter CC: Jay McDonald, Director of Public Works Curtis Hall, Deputy Director n1 R�c- c�: 08/I`11zzZOZI-1531.... Karla Ford From: Sent: To: Cc: Subject: Attachments: Approve Sent from my iPhone Steve Moreno Tuesday, July 26, 2022 9:49 AM Karla Ford Lori Saine Re: Please Reply - Pass around for renewal of the 2022 paving fabric supply and install. image002 jpg; image001 jpg; Pass around.pdf On Jul 26, 2022, at 11:21 AM, Karla Ford <kford@weldgov.com> wrote: Please advise if you approve recommendation. Thank you. Karla Ford R Executive Assistant & Office Manager, 1150 O Street, P.O. Box 758, Greeley, :: 970.336-7204 :: kford@weldgov.con **Please note my working hours are Board of Weld County Commissioners Colorado 80632 i :: www.wefdgov.com :: Monday -Thursday 7:00a.m.-5:OOp.m.** Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Josh Holbrook <jholbrook@weldgov.com> Sent: Tuesday, July 26, 2022 9:20 AM To; Karla Ford <kford@weldgov.com> Cc: Steve Moreno <smoreno@weldgov.com>; Jay McDonald <jmcdonald@weldgov.com>; Curtis Hall <chall@weldgov.com> Subject: Pass around for renewal of the 2022 paving fabric supply and install. Good morning Karla, Could you please distribute the attached pass around for the 2022 paving fabric supply and installation to the commissioners for me. Please let me know if you have any questions. Thanks. Joshua Holbrook Pavement Management Supervisor Department of Public Works 1111 H Street, Greeley CO 80632-0758 Office: 970.400.3744 1 Karla Ford From: Sent: To: Subject: Attachments: Yes Sent from my iPhone Lori Saine Tuesday, July 26, 2022 5:00 PM Karla Ford Re: Please Reply - PW Pass around for renewal of the 2022 paving fabric supply and install. image002jpg; image001.jpg; Pass around.pdf On Jul 26, 2022, at 4:50 PM, Karla Ford <kford@weldgov.com> wrote: Please advise if you approve recommendation. Thank you. Karla Ford X Executive Assistant & Office Manager, 1150 O Street, P.O. Box 758, Greeley, :: 970.336-7204 :: kford .weld oq v_con **Please note my working hours are Board of Weld County Commissioners Colorado 80632 i :: www.weldgov.com :: Monday -Thursday 7:00a.m.-5:00p.m.** Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you hove received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Josh Holbrook <jholbrook@weldgov.com> Sent: Tuesday, July 26, 2022 9:20 AM To: Karla Ford <kford@weldgov.com> Cc: Steve Moreno <smoreno@weldgov.com>; Jay McDonald <jmcdonald@weldgov.com>; Curtis Hall <chall@weldgov.com> Subject: Pass around for renewal of the 2022 paving fabric supply and install. Good morning Karla, Could you please distribute the attached pass around for the 2022 paving fabric supply and installation to the commissioners for me. Please let me know if you have any questions. Thanks. Joshua Holbrook Pavement Management Supervisor Department of Public Works 1111 H Street, Greeley CO 80632-0758 Office: 970.400.3744 1 CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN ?-J _OUr,. j THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND VANCE BROTHERS, INC. This Agreement Extension/Renewal ("Renewal"), made and entered into 9T" day of September 2022, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the "Department", and Vance Brothers, Inc. hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement on September 9, 2022 (the "Original Agreement"), identified as document B#2100099/2021-1531. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The renewal Agreement will end on September 8, 2022. • The parties agree to extend the Agreement for an additional period, which will begin September 9.2022 and will end on February 28 2023. • The Renewal, together with the Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. This extension will be the second year of a possible three-year contract 2. The 2021 Bid Schedule of the contact shall be replaced by the attached 2022 Bid Schedule, which is incorporated herein. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: ATTEST: _, 00 , /oh/ 9 / Weld Co C rk to the Board Printed N �e Y BY: Signature fE� �j �a �✓ ARD OF COUNTY COMMISSIONERS 1861 LD OUNTY, COLORADO ott K. James, Chair AUG 1 7 2022 2022 BID SCHEDULE (RENEWAL) PAVING FABRIC SUPPLY AND INSTALLATION ITEM ITEM DESCRIPTION UNIT EST QTY UNIT $ RICE TOTAL PR CE $ 101 Mifafi MPG4 SY 49,280 J B r d -. 102 MOBILZATION EA 1 ,� d.o01 X sdd. o TOTAL The undersigned, by his or her signature, hereby acknowledges and represents that: 1 The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for bid for Request No. #82100099 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. FIRM _ 1,,4 A2C1= �G T�f I=,�' s BY i .i4 W /- l 6-,f7 (Please print) BUSINESS l ADDRESS _ 3 �b t'/'5 Ce 2- iv L' v t= DATE 6 3d 2j 2?. CITY, STATE, ZIP CODE I,6,o14,2 c',_ TELEPHONE NO 3�3- / FAX 3�3 -39i - &.Y41 TAX ID # __o5"7' y 3 SIGNATURE /21 /2 E-MAIL rn LL) WELD COUNTY IS EXEMPT FR COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. l ® DATE (MM(DD/YYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER HUB International Mid -America 9200 Ward Parkway Suite 500 Kansas City MO 64114 CONTACT NAME: Certificate Department Iooec FAX AIC, Ext : 816-708-4600 A/C No : 816-203-4425 Lo ADDRESS: HUB-I@HUhlnternalional.com INSURERS) AFFORDING COVERAGE NAIL# INSURERA: Travelers Proa Casualty Company of America 25674 INSURED VANCE01 Vance Brothers, Inc. 380 West 62nd Avenue Denver CO 80216 INSURER B : The Phoenix Insurance Company 25623 INsuRERc: The Tnn:ly Company 25658 INSURER D : Ar onaut Insurance Company 19801 INSURER E : INSURER F : 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 SUER POLICY NUMBER MM/DDY/YYYY MM/DDI EXP LIMITS B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR DTC09M212947PHX22 1/1/2022 1/1/2023 EACH OCCURRENCE $1,000,000 PREM SES (E. occcurrrence $ 300,000 MED EXP (Any one person) $ 10,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JET LOC OTHER: PERSONAL 8 AOV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OPAGG $2,000,000 $ C AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY X MCS 90 DT8109M352747TIA22 1/1/2022 1!1/2023 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ A X UMBRELLcoot X OCCUR EXCESS LIAR CLAIMS -MADE DED X RETENTION $ CUP9M4229022226 111/2022 1/1/2023 EACH OCCURRENCE $10,000,000 AGGREGATE $ 10,000,000 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA WC928828285514 1/1/2022 1/1/2023 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS l LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: WCR 23 6 to SH52 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Weld County ACCORDANCE WITH THE POLICY PROVISIONS. 1111 H Street AUTHORIZED REPRESENTATIVE PO Box 758 Greeley CO 80632 v Taaa-tuTo H�vlcu �.t�rcrtnwl wrv. wD ngnis reserves. ACORD 25(251R103) The ACORD name and logo are registered marks of ACORD New Contract Request Entity Information Entity Name* Entity lD * ❑ New Entity? VANCE BROTHERS INC 930004325 Contract Name* Contract ID Parent Contract ID PAVING FABRIC SUPPLY AND INSTALLATION RENEWAL FOR 6216 2022 Contract Lead* Requires Board Approval Contract Status JHOLBROOK YES CTB REVIEW Contract Lead Email Department Project # JholbrookOico,weld.co.us Contract Description SUPPLY AND PLACE APPROX 49,280 SY OF COMPOSITE PAVING GRIDS AND ASPHALT CEMENT. Contract Description 2 Contract Type* Department Requested BOCC Agenda Due Date RENEWAL PUBLIC WORKS Date* 08; 1 3, 2022 0817; 2022 Amount* Department Email 5392,104.80 Cm- Will a work session with BOCC be required?* PublicWorks Wweldgov.corn NO Rerr ewafrle * YES Department Head Email Does Contract require Purchasing Dept. to be included? CM-PtrblicWorks- YES Automatic Renewal DeptHead Weldgov.corn Bid/RFP #r* Grant County Attorney 82100099 GENERAL COUNTY ATTORNEY EMAIL IGA County Attorney Email CM- COU NTYATTORNEY@W-ELDG OV.COM If this is a renewal enter previous Contract ID 5229 If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Dater Renewal Dater 01 27:2023 02;28 2023 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Purchasing Purchasing Approver CONSENT Approval Process Department Head JAY MCDONALD DH Approved Date 08;12?2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 0817,'2022 Originator JHOLBROOK Contact Type Contact Email Contact Phone t Purchasing Approved Date 08 122022 Finance Approver CONSENT Finance Approved Date 08 12,'2022 Tyler Ref # AG 081 722 Contact Phone 2 Legal Counsel CONSENT Legal Counsel Approved Date 08 122022 /1) �,saa9 MEMORANDUM TO: Curtis Hall, Deputy Director of Public Works DATE: June 23, 2021 FROM: Joshua Holbrook, Pavement Management Supervisor SUBJECT: Paving Fabric Supply and Installation, Bid No. B2100099 On June 7, 2021 one bid for the Paving Fabric Supply and Installation was opened. The single bid was submitted by Vance Brothers, Inc. based out of Denver, Colorado. Please see bid tab below: VENDOR MIFAFI MPG MOBILZATION TOTAL jEst Qty -90,550) (Est Qty — 3) PRICE UNIT PRICE UNIT PRICE VANCE BROTHERS $6.74=$610,307 $2500.00=$7,500 $617,807.00 380 WEST 62No AVENUE DENVER CO 80216 The bid submitted by Vance Brothers, Inc. meets the bid specifications and is within the 2021 estimated budget for this contract; therefore, it is Public Works recommendation to award the bid to Vance Brothers, Inc. for a total amount of $617,807.00 cc: Jay McDonald, Director of Public Works Mona Weidenkeller, Office Tech IV, Account payable/receivable Rob Turf, Purchasing Manager Rose Everett, Weld County Purchasing Christie Peters, Weld County Purchasing Con-wGc+ 1 D35zz9 AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & VANCE BROTHERS, INC 2021 PAVING FABRIC SUPPLY AND INSTALLATION PROJECT THIS AGREEMENT is made and entered into this p day of $€ }�Yh € v , 2021, by and between the Board of Weld County Commissioners, on behalf of the Department of Public Works, hereinafter referred to as "County," and Vance Brothers, Inc, hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform construction services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing to perform and has the specific ability, qualifications, and time to perform the required construction services to provide the services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B2100099. Exhibit B consists of Contractor's Response to County's Request for Bid. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall faithfully perform the Work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. Conw"014wljfk� n/o'�Itw Zal-1531 O0 -1°i 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT - INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay an amount not to exceed $617,807.00 as set forth in Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential information of Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL". However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a warranty period during which Contractor must correct any failures or deficiencies caused by Contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project, and shall continue for one year, or such greater time as specified in the attached Exhibits. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. a. Types of Insurance: Workers' Compensation/Employer's Liability Insurance as required by state statute, covering all the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance including public liability and property damage covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury; $50,000 any one fire; and $5,000 Medical payment per person. Medical operations coverage shall be provided for a minimum period of one (1) year following final acceptance. Automobile Liability: Contractor shall maintain limits of $1,000,000 for bodily injury per person; $1,000,000 for bodily injury for each accident; and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability): Contractor shall maintain limits of $1,000,000 Per Loss and $2,000,000 Annual Aggregate for both the Contractor and subcontractors where: (1) the Work includes Construction Surveying and/or Survey Monumentation and/or (2) plans, specifications, and submittals are required to be signed and sealed by the Contractor's or subcontractor's Professional Engineer including but not limited to (a) Shop drawings and working drawings as defined in subsection 105.25 of the Specifications, (b) Mix designs, (c) Contractor performed design work as required by the plans and Specifications, (d) Change Orders, or (e) Approved Value Engineering Proposals. The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Umbrella or Excess Liability Insurance: Contractor shall maintain limits of $1,000,000 and shall become primary in the event the primary liability policy limits are impaired or exhausted. The policy shall be written on an Occurrence form and shall be following form of the primary. Pollution Liability. Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions that may arise from the operations of the Contractor described in the Exhibits. The policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 1,000,000 b. Proof of Insurance: Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. Contractor shall provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured. c. Subcontractor Insurance: Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above described insurance prior to the commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. d. No limitation of Liability: The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. e. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 16. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 18. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice shall be sent to: Contractor: Name: Michael W. Vance Position: Vice President Address:380 West 62nd Avenue E-mail: mvance@vancebrothers.com Phone:(303)341.2604 County: Name: Joshua J. Holbrook Position: Pavement Management Supervisor Address: 1111 H street Greeley, CO 80632 E-mail: jholbrook@weldgov.com Phone: (970)400.3744 19. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 20. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 21. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 22. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 24. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including without limitation, the warranties, indemnification obligations, confidentiality, and record keeping) shall survive any such expiration or termination. 25. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 26. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act § §24-10-101 et seq., as applicable now or hereafter amended. 27. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 28. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 29. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 30. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 31. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000 annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract. "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state -issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion. [This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law. In accordance with C.R.S. §8-17-107 and 2 C.F.R. §200.319(c), this section shall not apply if the Work is funded wholly or in part with federal funds.] 32. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 33. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: By. y Name: kris Lee Title: Vice President WELD COUNTY: ATTEST rs. 6 Weld County Clerk tojthe �B + Deputy Clerk to the Board 08/16/2021 Date of Signature BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair SEP 0 8 2021 Exhibit A jd iti.uta.i II 11 CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR PROJECT: ..11.:- .. 9. 0 •- 1- I r Weld County Public Works Pavement Management Division P.O. Box 758 1111 H Street Greeley, Colorado 80632 970-304-6496 BID NO #B2100099 TABLE OF CONTENTS The following checked forms and provisions take precedence over plan drawings and supplement the most current edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) which is to be used to administer the construction of this project. BIDDING REQUIREMENTS: *All Bidders must submit these forms with their Bid. Noticeto Bidders.............................................................................................................................. 3 Invitationfor Bids............................................................................................................................. 4 Instructionsto Bidders., .............................................................................................................. . 4-14 *Bid Schedule................................................................................................................................38 *Acknowledgment of Bid Documents.............................................................................................39 *Bid Bond.................................................................................................................................. 15-16 *IRS Form W-9............................................................................................................................... 17 *Statement of Qualifications and Subcontractors...................................................................... 18-21 WELD COUNTY CONTRACT FORMS: ' *Notice of Award ............................... *Agreement ....................................... *Performance Bond ........................... *Labor and Materials Payment Bond. Notice to Proceed ............................. 'r • • must submit these forms prior to Contract Award. ..................................................................... 22 ..................................................................... 23-30 ..................................................................... 31-32 ..................................................................... 33-34 .......................................................................... 35 SPECIFICTIONS AND SCOPE OF WORK: Specifications and Scope of work.............................................................................................. 36-37 Special Provisions Index................................................................................................................ 40 ProjectSpecial Provisions........................................................................................................ 41-42 Projectlocation list........................................................................................................................ 43 Project Ma1......................• . 44 BID NO #B2100099 REQUEST FOR BID WELD COUNTY, COLORADO 1150O STREET GREELEY, CO 80631 = r - 111 • . 1. 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, Controller/Purchasing. Director (collectively referred to herein as, "Weld purchase the following: r • rr • •' 7 by and through its County"), wishes to Bids for the above stated merchandise, equipment, and/or services will be received until 10:00 A.M on JUNE 7, 2021 (Weld County Purchasing Time Clock). Due to COVID-19, the bid opening will be held via a Microsoft Teams Conference Call. To join, call the phone number and enter the Conference ID provide below: Due to COVID-19, instead of an "in -person" bid opening, the submitted proposals will be read over a Microsoft Teams Conference Call on JUNE 7 , 2021 at 10:30 AM (MDT). To join, call the phone number and enter the Conference ID provide below: Phone Number (720) 439-5261 Conference ID: The project in general consists of: • Supply and install approx. 90,550 SY of paving fabric prior to placement of HMA overlay. The Contractor services will be requested by the County on an as -needed basis by issuing individual Internal Accounting forms (lAs) (aka "work order"). For each IA, the County will provide basic project information so the Contractor can prepare a detailed scope of work and cost estimate. The IA will be signed by both Weld County and the Contractor. This is an on -call construction services agreement. There is no guarantee that the County will need or utilize the services of the Contractor in any given year. There is no retainer paid by the County. The Contractor understands and agrees that there are no guarantees of specific tasks or quantities of services associated with the construction services agreement. The Contractor may or may not perform the erosion control and seeding services as circumstances require. Furthermore, the County is in no way obligated to utilize the Contractor in every applicable situation encountered. Inhii(IzIRi!?AIIIWM: The construction services agreement shall commence on the date the Agreement is signed by the Board of County Commissioners and shall continue in full force until December 31, 2021. At the option of the County, the agreement may be extended for up to two additional one-year periods beginning on January 1 and ending on December 31. If the agreement is renewed, the Consultant will have the opportunity to revise the contract fee schedule in accordance with the "U.S. Bureau of Labor Statistics Consumer Price Index for Denver, Aurora, Lakewood, All Items, All Urban Consumers, Seasonally Unadjusted" or its successor index. PAGES 1 - 12 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 - 12 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 12. 2. INVITATION TO BID: Weld County requests bids for the purchase of the above -listed merchandise, equipment, and/or services. Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. Merchandise and/or equipment shall be delivered to the location(s) specified herein. Information concerning this request can be found on the BidNet Direct website at www.bidnetdirect.com. Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non- profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Delivery to Weld County Emailed bids are required. Bids shall be emailed to: bids@weldgov.com. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. Bids shall be in PDF format and shall be less than 25M in size. Please call Purchasing at 970-336-7225 if you have 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 the Weld County Controller/Purchasing Director, 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 of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. BID NO #B2100099 Page 4 Bids may be withdrawn upon written request to and approval of the Weld County Controller/Purchasing Director; 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 Controller/Purchasing Director for the premature opening of a bid not properly addressed and identified. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. Qualification of Bidders: Qualification statements, attached with this document, are required to be completed by Bidders. If requested by Weld County, a Statement of Qualifications will be completed for the Subcontractors listed by the Contractor within 72 hours of the request. Failure to submit qualifications may be cause for rejection of Bids. The Owner shall consider the following criteria in evaluating the Bidder's qualifications following the opening of Bids: 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 every requirement of this paragraph. 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 Engineer for an interpretation thereof. Interpretations will be made only by Addenda, duly issued, and copies of each Addendum will be mailed or delivered to each Contract Document holder of record. Unless approved by the Controller/Purchasing Director, 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 BID NO #B2100099 Page 5 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 receiving 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 Controller/Purchasing Director may at her 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. The 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. The experience statement with pertinent information on similar Projects shall be furnished with the name of each Subcontractor proposed to perform work on the project. The use of Subcontractors listed by the Bidder and accepted by 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. 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. The Certificate of Insurance shall name Weld County, Colorado, its elected officials, and its employees as additional insured parties. 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 the County may reject all Bids or call for other Bids. The County, within ten (10) days of receipt of acceptable Performance Bid, Labor & Materials Payment Bond, and signed Contract from the successful Bidder will issue the Notice to Proceed. 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, addendums, items posted to BidNet Direct, etc.), 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 RFB. 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 not later than the date of execution of the Contract. BID NO #B2100099 Page 6 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 account of 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 Conditions 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 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 into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder BID NO #B2100099 Page 7 shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5- 101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 9. GENERAL PROVISIONS A. Fund Availability: Financial obligations of the Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Confidential Information: Confidential information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will withhold any information which is clearly marked CONFIDENTIAL and submitted separately. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. 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 BID NO #B2100099 Page 8 of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful 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 County may BID NO #B2100099 Page 9 result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, the successful bidder's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the BID NO #B2100099 Page 10 successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507: The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Compliance with Davis -Bacon Wage Rates: The successful bidder understands and agrees that, if required by the Scope of Work, the work shall be in compliance with the Davis- Bacon Wage Rates. V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners. W. Compensation Amount: Upon the successful bidder'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 the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the 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. 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 BID NO #B2100099 Page 11 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 at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing Director by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Successful bidder/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 coverages 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 sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder/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. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its 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 BID NO #B2100099 Page 12 the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder'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 successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 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, Colorado, its elected officials, and its employees" 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 County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. BID NO #B2100099 Page 13 Successful bidders/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the successful bidder/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder/Contract Professional's insurer shall name Weld County, Colorado, its elected officials, and its employees as an additional insured parties. Waiver of Subrogation: For all coverages, Successful bidder/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages 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 the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. It is understood by the Bidder how Bids shall be awarded and that should the cost of the Bid exceed budgeted funds, the Owner reserves the right to reject any or all Bids or portions of Work Bid or the use of any of the methods stated in the Instructions to Bidders to obtain the most advantageous Bid price. All bids will be reviewed by the Owner and Engineer. All mathematics will be checked and the correct total used for determining the low bidder. BID NO #B2100099 Page 14 BID BOND PROJECT: 2021 Paving Fabric Supply and Installation KNOW ALL MEN BY THESE PRESENTS, that as Principal, and as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of Dollars ($ ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated , 2021 for the PROJECTS: PAVING FABRIC SUPPLY AND INSTALLATION FOR 2021 as set out in the accompanying Bid. WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform. NOW THEREFORE, if the principal shall, within the period specified therefore: A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B. Withdraw said Bid within the time specified, or C. Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this day of , 2021 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing board. Principal Address ATTEST: By: By: Surety ATTEST: Address BID NO #B2100099 Page 15 INSTRUCTIONS The full firm name and residence of each individual party to the bond must be inserted in the first paragraph. If the principal is a partnership, the full name of all partners must be inserted in the first paragraph which must recite that they are partners composing the partnership (to be named), and all partners must execute the bond as individuals. The state of incorporation of each corporate party to the bond must be inserted in the first paragraph and the bond must be executed under the corporate seal of said party attested by its secretary or other authorized officer. Power of Attorney must accompany this bond when signed by other than an officer of either the principal or surety. A standard printed bond form may be used in lieu of the foregoing form provided that the security stipulations protecting the Owner are not in any way reduced by use of such standard printed bond form. BID NO #B2100099 Page 16 Form W -9I Request for Taxpayer Give Form to the ev. Identification Number and Certification not re uestereil Depart entoft013) Department of the Treasury Internal Revenue Service Name (as shown on your income tax return) N a> rn Business name/disregarded entity name, if different from above Check appropriate box for federal tax classification: Exemptions (see instructions): O ❑ Individual/soleproprietor ❑ C Corporation S Corporation ❑ rP ❑ Partnership ❑ TrusUestate p Exempt payee code (f any) ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership)► Exemption from FATCA reporting code (d any) a v ❑ Other (see instructions) ► !F Address (number, street, and apt. or suite no.) Requester's name and address (optional) m r� City, state, and ZIP code List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line I Social security number For individuals, this is your social security sr number 3. For However, for a to aved backup le proprietor, resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other _ m _ entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. m IllIU Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) ( have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below), and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign I Signature of Here U.S. person ► Date ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. The IRS has created a page on IRS.gov for information about Form W-9, at wwwjrs.gov/w9. Information about any future developments affecting Form W-9 (such as legislation enacted after we release it) will be posted on that page. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, payments made to you in settlement of payment card and thrd party network transactions, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If ou also cent that as U S all bl ,-f a_..t-..,-'-,.'., y are ,,yrrg a . . person, your ova a are o any partnership income from a U.S. trade or business is not subject to the Cat. No. 10231X Form W9 (Rev. 8-2013) withholding tax on foreign partners' share of effectively connected income. and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. Note. If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income. STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable, responsible and qualified bidder as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. Name of Bidder (Company or Firm): 2. Permanent main office address: Phone Number: Fax Number: 3. Year Company was organized: 4. Number of years this Company has been engaged similar construction: Under what firm, company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work? List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. 7. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. BID NO #B2100099 Page 18 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. 9. List all contracts within the last 3 years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. 10. Has any owner, as party to any of the Company's contracts within the last 3 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc., or attempted to have the performance bond invoked? If yes, explain in detail. 11. Describe all contracts that the Company failed to complete. 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. 13. List all or a maximum of three (3) of the most recent projects, similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction at the present time. List the project name, location, project superintendent, owner's representative and phone number, date completed and contract amount for each project. Project Name: Location: Owner's Representative: Completion Date: Supt: Phone: Contract Amount: BID NO #B2100099 Page 19 Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Project Name: Location: Owner's Representative: Contract Amount: Supt: Phone: Completion Date: Contract Amount: 14. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15% OR MORE OF THE WORK. SUBCONTRACTOR WORK DESCRIPTION % OF WORK 15. List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc. YRS. PERTINENT NAME TITLE EXPERIENCE 16. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. BID NO #B2100099 Page 20 The undersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this day of , 2021. Bidder: Company By: Signature Name: (Please Type) Title: NOTARY County of ss. State of deposes and says that he is (Title) being duly sworn, of, and that the answers to the foregoing questions (Company Name) and all statements therein contained are true and correct. Subscribed and sworn before me this day of, 2021. (SEAL) Commission Expires Notary Public BID NO #B2100099 Page 21 NOTICE OF AWARD PROJECT: Paving Fabric Supply and Installation 2021 To: Project Description: Weld County is soliciting bids from qualified firms to supply and place approx. 90,550 SY of Mirafi MPG4 composite paving grid and asphalt cement. This project is not subject to Federal or State contract requirements. The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of $ or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish the required Performance Bond, Payment Bond and Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. day of _________,2021 Weld County, Colorado, Owner By: Joshua Holbrook, Pavement Management Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by Dated this By: (Contractor) day of , 2021 Title: BID NO #B2100099 Page 22 SUPPLY AGREEMENT BETWEEN WELD COUNTY AND ICONTRACTORI THIS AGREEMENT is made and entered into this day of , 202_, by and between the Board of Weld County Commissioners, on behalf of [DEPARTMENT], hereinafter referred to as "County," and [CONTRACTOR], hereinafter referred to as "Contractor". WHEREAS, County requires an independent contractor to supply materials to County as set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability to supply the required materials at or below the cost set forth in the attached Exhibits in accordance with the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B Exhibit B consists of Contractor's Response to County's Request. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. The material and/or equipment shall be delivered to the location(s) specified herein. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement, and ends one year later. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon ninety (90) days written notice to County. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving notice to cure such breach. Nothing herein shall be construed as giving Contractor the right to provide materials or services under this Agreement beyond the time when such materials or services become unsatisfactory to the County. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all completed or partially completed Work under this Agreement, together with all BID NO #B2100099 Page 23 other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation; Invoicing. Upon Contractor's delivery of materials to County at the location described in the Exhibits, and County's acceptance of the same, County agrees to pay Contractor as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). Unless otherwise provided in the Exhibits, Contractor shall invoice County for all materials supplied by Contractor under this Agreement within thirty (30) days of acceptance of such materials by County, and County shall remit payment to Contractor for all undisputed funds within thirty (30) days of receiving such invoice. County shall include a written explanation for the nonpayment of any disputed funds, and the parties shall cooperate to resolve the dispute in a reasonable timeframe. 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion. 9. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. Contractor warrants that it has title to the materials supplied and that the they are free and clear of all liens, encumbrances, and security interests. In addition to the foregoing, all : sEoza:N O�l.. work performed pursuant to this Agreement is subject to a minimum one-year warranty period, unless a greater time is stated in the Exhibits, during which the Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the materials. The Contractor warrants that the materials to be supplied pursuant to this Agreement are fit and sufficient for the purpose intended; they are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship; and the materials sold to Weld County pursuant to this Agreement conform to the minimum specifications as established herein. Service Calls in the First One Year Period: Contractor shall bear all costs for mileage, travel time, service trucks, and any other costs accrued in the servicing (including repairs) of any of the materials purchased by County pursuant to this Agreement for as many service calls as are necessary for the first one (1) year period after said materials are first supplied to Weld County. 10. Acceptance of Services Not a Waiver. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 11. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. a. Types of Insurance. Workers' Compensation /Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal injury $5,000; Medical payment per person. Automobile Liability Insurance: Contractor shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. b. Proof of Insurance. Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. Contractor shall provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured. BID NO #B2100099 Page 25 c. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above described insurance prior to thei commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. d. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. e. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 12. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 13. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 14. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and n+v m5(j vrt-) f'c' �-^�� .': ;leiI N •V". M Qit vra.rs ". n +� - ! e.#. e% }I 1l ••.:: .tr . �^ 3 n ....... ry 3 XI HI 1' 1 #132100099 ' ' the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 15. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 16. Notices. County may designate its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative as identified below. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Position: Address: Address: E-mail: Phone: TO COUNTY: Name: Position: Address: Address: E-mail: Phone: 17. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 18. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 19. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. •. , •i , _ 1. . .. n, C.. HI P I Wi.IINWD 20. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 21. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50- 507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 22. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5- 102(5)(c). Contractor shall not enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program # X11•• - procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the subcontract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8- 17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8- 17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 29. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 30. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: By: Name: Title: Date of Signature BID NO #B2100099 Page 29 WELD COUNTY: ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair BID NO #B2100099 Page 30 KNOW ALL MEN BY THE PRESENTS; that (Name of Contractor) (Address of Contractor) hereinafter called Contractor, and a (Corporation, Partnership, or Individual) (Name of Surety) (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado, P.O. Box 758, 1111 H Street, Greeley, Colorado 80632, hereinafter called Owner, in the penal sum of Dollars, ($ ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of , 2021, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT Paving Fabric supply and Installation for 2021 described in the Invitation for Bids, Bid No. B2100099 NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. BID NO #B2100099 Page 31 PERFORMANCE BOND PROJECT: PAVING FABRIC SUPPLY AND INSTALLATION FOR 2021 IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this 2021. Contractor By. (Contractor) Secretary (SEAL) (Witness as to Contractor) (Address) ATTEST: (Surety) Secretary (SEAL) Witness as to Surety (Address) day of , (Address) Attorney -in -Fact (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID NO #B2100099 Page 32 LABOR & MATERIALS PAYMENT BOND PROJECT: PAVING FABRIC SUPPLY AND INSTALLATION FOR 2021 KNOW ALL MEN BY THE PRESENTS; that (Name of Contractor) (Address of Contractor) hereinafter called Contractor, and a (Corporation, Partnership, or Individual) (Name of Surety) (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado, P.O. Box 758, 1111 H Street, Greeley, Colorado 80632, hereinafter called Owner, in the penal sum of Dollars ($ ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of , 2021, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: Paving Fabric Supply and Installation for 2021 described in the Invitation for Bids, Bid No. B2100099. NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void,; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. BID NO #B2100099 Page 33 LABOR & MATERIALS PAYMENT BOND IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this 2021. (Contractor) Secretary (SEAL) (Witness as to Contractor) (Address) ATTEST: (Surety) Secretary (SEAL) Witness as to Surety (Address) day of By. By Contractor (Address) Attorney -in -Fact (Address) NOTE: Date of Bond must not be prior to date of contract. it contractor is Nartnersnip, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID NO #B2100099 Page 34 NOTICE TO PROCEED PROJECT: EROSION CONTROL AND REVEGETATION SERVICES FOR 2021 To: Date: PROJECT: Paving Fabric Supply and Installation for 2021 described in the Invitation for Bids, Bid No. B2100099. You are hereby notified to commence Work in accordance with the Agreement dated . The date of completion of all Work is therefore Weld County, Colorado, Owner By Joshua Holbrook, Pavement Management Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: (Contractor) Dated this day of , 2021. Title BID NO #B2100099 Page 35 1. Purpose Weld County is soliciting bids from qualified firms to supply and place approx. 90,550 SY of Mirafi MPG4 composite paving grid and asphalt cement. SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: 2. General Conditions and Scope: 1. Weld County will supply all traffic Control during the placement of the fabric/grid. 2. Weld County will clean/sweep surface prior to placement of fabric/grid. 3. Contractor shall provide all equipment and materials to install 90,550 SY of Mirafi MPG4 4. Installation shall be done in accordance with manufactures specifications. 5. Asphaltic cement binder and application rate shall be based off the manufactures specification and will not be paid for separately. 6. Fabric/grid rolls will be furnished with suitable wrapping for protection against moisture and extended ultraviolet exposure prior to placement. Each roll will be labeled for tagged to provide product identification for inventory and quality control purposes. 7. Certificates of Complicate shall be submitted for each product. 8. Fabric/grid will be placed with minimum wrinkling. As directed by County representatives, any wrinkles or folds will be slit and laid flat. 9. Weld County anticipates that roads will be ready for fabric/grid placement by June 28, 2021 (see project location map and list starting on page 43) 10. Weld County Pavement Management paving personnel normally works 6:00am to 4:30pm Monday through Thursday during the summer construction season. 11. Payment for in -place pavement fabric/grid will be for the total area coverage in square yards, not by the number of rolls used. 3. Contacts: Questions related to the project and procedures should be directed to: Josh Holbrook — Pavement Management Supervisor Weld County Public Works 970.301.2622, ext. 3744 jholbrook@weldgov.com The successful vendor is required to sign a separate contract (a sample contract is included as a separate attachment.) BID NO #B2100099 Page 36 4. Terms and Conditions: Vendor will be required to sign Weld County's Construction Services Agreement. A sample Construction Services Agreement is attached to this document. These agreements will dictate procedures for establishing and executing work order type contracts. The payment for services shall be based on unit prices and reimbursement rates for completed services as described under the Scope of Services. The vendor shall include in their proposal a detailed list of unit costs and reimbursement rates for the services requested. The Construction Services Agreement shall commence approximately June 2021 and continue in full force and effect for one year. At the option of the County, the Construction Services Agreement may be extended for up to four (2) additional years. Increases in the Unit Cost may be negotiated for subsequent renewal of the second and third additional one-year periods. Price changes in the fee schedule will be negotiated by and agreed to by both parties and any increases shall not exceed the Denver -Aurora - Lakewood CPI Index and percent change from one year to the next for Asphalt paving PG 58 Emulsion, slow set ENR cost. The Contract may and will be used at the option of other Weld County Departments. BID NO #B2100099 Page 37 2021 BID SCHEDULE ITEM ITEM DESCRIPTION UNIT EST QTY UNIT PRICE $ TOTAL PRICE $ 101 Mifafi MPG4 SY 90,550 102 MOBILZATION EA 3 TOTAL The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for bid for Request No. #B2100099 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. FIRM BUSINESS ADDRESS CITY, STATE, ZIP CODE BY (Please print) DATE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. BID NO #B2100099 Page 38 ACKNOWLEDGEMENT OF BID DOCUMENTS Bid Opening Checklist: All the following pages must be submitted with every bid submittal. Failure to submit any of these documents will disqualify your bid. ❑ 2021 Bid Schedule. ❑ Bid Bond ❑ IRS Form W-9 ❑ Statement of Qualifications and Subcontractors ❑ Receipt of addenda(s), if any, should be signed. I have initialed each of the above items and have fully executed the corresponding documents. I hereby Acknowledge and understand the above required bid documents. (Contractor) Dated this day of , 20 By: Title: BID NO #B2100099 Page 39 WELD COUNTY PUBLIC WORKS DEPARTMENT The most current version of the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction controls construction of this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. PROJECT SPECIAL PROVISIONS Pa e Revision of Section 101 — Definition of Terms 41-42 BID NO #B2100099 Page 40 1 REVISION OF SECTION 101 DEFINITION OF TERMS Technical Specifications related to construction materials and methods for the work required under this contract shall consist of the "Colorado Department of Transportation, Standard Specifications for Road and Bridge Construction" dated 2019. Where the Contract Documents, Project Special Provisions, or the CDOT Specifications contradict one another, the more stringent specification shall apply. Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have different meanings within the scope of this Contract. A summary of redefinitions follows: Subsection 101.09 "CDOT Resident Engineer" shall mean an employee designated as such by the Weld County Public Works Department. Subsection 101.28: "Department" shall mean the Weld County Public Works Department. Subsection 101.29:"Chief Engineer" shall mean the Weld County Public Works Director or designated representative. Subsection 101.36: Holidays recognized by Weld County are: New Year's Day President's Day *Memorial Day (May 31 and June 1) Independence Day Labor Day Veterans Day *Thanksgiving (November 25 and November 26) Christmas (December 24) *Verify with the project manager which days are considered the extra days. When one of the holidays falls on a Sunday, the following Monday shall be considered a holiday. When one of the holidays falls on a Saturday, the preceding Friday shall be considered a holiday. Subsection 101.37: "Inspector" shall mean an employee designated as such by the Weld County Public Works Department. Subsection 101.48: "Pre -construction Conference" shall mean a meeting of Weld County personnel, Contractor project personnel, and other stakeholders held prior to the beginning of construction at which topics pertinent to the successful prosecution of the work are discussed. Subsection 101.51 "Project Engineer" shall mean an employee designated as such by the Weld County Public Works Department. Subsection 101.58: "Region Transportation Director" shall mean Weld County Public Works Director or designated representative. Subsection 101.65: "Roadway Prism" shall be defined as the prism of embankment extending from toe of embankment slope to the opposite toe of embankment slope. Subsection 101.76:"State" shall mean Weld County. BID NO #B2100099 Page 41 2 REVISION OF SECTION 101 DEFINITION OF TERMS Subsection 101.96:"Substantial completion" shall mean the completion of all payable work as shown on the pay application. Only non -payable or minor items, as determined by Weld County, may be placed on the punch list. Al! references to State, CDOT, and the Department of Transportation shall be defined as Weld County acting directly or through its duly authorized representative or agent. END OF SECTION BID NO #132100099 Page 42 Weld County Paving Fabric 2021 59 Market Street End of Road ( te) 24.00 13.728.00 2.60 36.608.00 31 SH 392 74 24.00 15,840.00 3.00 42,240.00 Antelo a Hills Sub 24.00 3,696.00 0.70 9,856.00 Kemed Sub Misc. 1,846.00 OTALS SQUARE YARDS: 6.30 90,550.00 BID NO #B2100099 Page 43 15 17 49 21 Antelope Hills Sub '3 25 2f S-34-- x76 3-35 39-4 - 3-4547- t1-53-- - I 49 55-x7 9-61-63- 1 I I I I 72 L I I __I I ' 1 I I I 1 1 1 1 ' I 1 • 1 1 1 1 in Kennedy Sub. Tt I. 57 I I I I 1 1 I I Wn WCR 31 fr. SH 392 to WCR 74 c' I I I 185 _ _ __44-------!: L___ 2 / 4. 1 1 I [ZdID I I 1 I 1 I , I 65 I I_ L I I I V. 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WCR 18 to N. l End I 1 `18 I I ' I , i'i it GRCVERs ?l• 1 i rAUL 1•— f/ NEW RAYMER,�',- Ft w �pa 11 /SF✓ERANCEI / �i r°.� Ndn Ji ¢'E ��LEY 3C'KfrR3EM �`-EVAN5 1i : •• �••••••aaaaaa��r��rIIIIII I�MILL'KENIir • - M19FA�+ a 17fi �I ]A1 1V.lemu ERIEi ^11kS`y:l:lP„,1 IV DACONO EOCHB01 - L 1I BID NO #B#2100048 Page 44 Exhibit B Rose Everett From: Katherine Miller ekmiller@vancebrothers.com> Sent: Monday, June 7, 2021 8:28 AM To: bids Cc: Mike Wright Subject: Bid 2021 Paving Fabric Supply & Installation Attachments: 2021 Paving Fabric Supply & Install Bid 21.06.07.pdf Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Attached is our bid for the 2021 Paving Fabric Supply & Install project, I hereby waive my right to a sealed bid. Let me know if you have any questions or need any additional information. Thank you Katie Miller 380 W. 62nd Ave Denver CO 80216 Office 303-341-2604 www.VanceBrothers.com brothers 1 ACKNOWLEDGEMENT OF BID DOCUMENTS Bid Opening Checklist: All the following pages must be submitted with every bid submittal. Failure to submit any of these documents will disqualify your bid. 2021 Bid Schedule. Bid Bond IRS Form W-9 Statement of Qualifications and Subcontractors Receipt of addenda(s), if any, should be signed. I have initialed each of the above items and have fully executed the corresponding documents. I hereby Acknowledge and understand the above required bid documents. Vance Brothers, Inc. (Contractor) Dated this 7th day f June/' 20 21 Title. Michael W. Vance, Vice President BID NO #B2100099 Page 39 2021 BID SCHEDULE ITEM ITEM DESCRIPTION UNIT EST QTY UNIT PRICE $ TOTAL PRICE ($) 101 Mifafi MPG4 SY 90,550 6.74 $610.307.00 102 MOBILZATION EA 3 $2,500.00 $7,500.00 TOTAL $617,807.00 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for bid for Request No. #B2100099 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. FIRM Vance Brothers. Inc. BY Michael W. Vance, Vice President (Please print) BUSINESS ADDRESS 380 West 62nd Avenue DATE X6/07/2021 CITY, STATE, ZIP CODE Denver. CO 80216 TELEPHONE NO 3) 341'- ? FAX (303) 341-2036 TAX ID # 44-0577983 SIGNATURE E-MAIL mwright(ccA_vancebrothers.com WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. BID NO #82100099 Page 38 Form W-9 Request for Taxpayer (Rev. October 2018) Identification Number and Certification Give Form to the requester. Do not Department of the Treasury Internal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information. send to the IRS. 1 Name (as shown on your income tax return). Name is required on this fine; do not leave this One blank Vance Brothers, Inc 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1 Check only one of the 4 Exemptions (codes apply only to a following seven boxes, certain entities, not individuals: see p L]Individual/sole proprietor or ❑ C Corporationinstructions 0 S Corporation ❑ Partnership ❑ Trust/estate on page 3): c ao single -member LLC Exempt payee code (if any) 4, ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P_Partnership) ► 2 re Note: Check the appropriate box in the line above for the tax classification of the single -member owner Do not check LLC it the LLC is classified as a single -member LLC that is disregarded from the Exemption from FATCA reporting 'c a o owner unless the owner of the LLC is another LLC that Is not disregarded from the owner for U.S. federal tax purposes, Otherwise, a single -member LLC That code (if any) is disregarded from the owner should check the appropriate box for the tax classification of its owner y ❑ Other (see Instructions) :Aptrika !o accounts main:ainM ou15i0e the is) fn 5 Address (number, street, and apt. or suite Co.)ee instructions. ) Requester's name and address (optional) 5201 Brighton 6 City, state, and ZIP code Kansas City, MO 64130-0107 7 List account number(s) here (optional) __._. . ate ayCr rue ,lLflu aOor1 Number I INJI Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid s backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a 77N, later, or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. I",-, 41 -10 15171 71918 13 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me): and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. r917 I Signature e Here U.S.us. personn / ► a.t Q 44fZ,1E, Z7 oat®► 03/11/2021 General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/ForrnW9. Purpose of Form An individual or entity (Form W-9 requester) who Is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), Individual taxpayer identification number (ITtN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-F (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. It you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat No. 10231X Form W-9 (Rev. 10-2018) STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: 06/07/2021 All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable, responsible and qualified bidder as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. 1. Name of Bidder (Company or Firm): Vance Brothers, Inc. 2. Permanent main office address: 380 West 62nd Avenue Denver, CO 80216 Phone Number: (303) 341-2604 Fax Number: (303) 341-2036 3. Year Company was organized: 12/31/1958 4. Number of years this Company has been engaged similar construction: 63 Under what firm, company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work? Vance Brothers, Inc. 5. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: City of Greeley $ 460,232.04 City of Fort Morgan $179,578.72 CR 17 Overlay NE $186,300.00 10/2021 07/2021 06/2021 List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. N/A List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. N/A BID NO #82100099 Page 18 8, List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. N/A 9. List all contracts within the last 3 years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. N/A 10. Has any owner, as party to any of the Company's contracts within the last 3 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc., or attempted to have the performance bond invoked? If yes, explain in detail N/A 11. Describe all contracts that the Company failed to complete. N/A 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. N/A 13. List all or a maximum of three (3) of the most recent projects, similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction at the present time. List the project name, location, project superintendent, owner's representative and phone number, date completed and contract amount for each project. Project Name: City of Fort Morgan 2018 Location: Fort Morgan, CO Supt: Mike Wright Owner's Representative: Steve Grammeyer Phone: 970-201-3287 Completion Date: 08/07/2018 Contract Amount: $407,743.63 ir��rr� n iwrrr��rr�rri�rwr/•r�� BID NO #82100099 Page 19 Project Name: City of Fort Morgan 2019 Location: Fort Morgan, CO Supt: Mike Wright Owner's Representative: Steve Grammeyer Phone: (970) 201-3287 Completion Date: 08/12/2019 Contract Amount: $131,096.20 Project Name: Weld County 2019 Location: 60.5 County Road Owner's Representative: Josh Holbrook Supt: Mike Wright Phone: (970) 301-2622 Completion Date: 09/12/2019 Contract Amount: $87,880.00 14. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15% OR MORE OF THE WORK. SUBCONTRACTOR N/A WORK DESCRIPTION % OF WORK 15 List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc. NAME Mike Wright Cody Vance Joe Gerber Dan Stephens TITLE Project Manager Project Manager Foreman YRS PERTINENT EXPERIENCE 25 5 11 Fabric Specialist 20 16. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. N/A BID NO #82100099 Page 20 The undersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this 7th NOTARY County of Adams State of Colorado Michael W. Vance deposes and says that he is Vice President day of June Bidder: Vance Brothers, Inc. -omp y f By: Signa ure Name: Michael W. Vance (Please Type) Title: Vice President ss. 2021. being duly sworn, of, (Title) Vance Brothers, Inc. and that the answers to the foregoing (Company Name) 9 9 questions and all statements therein contained are true and correct. Subscribed and sworn before me this 06/07 day of, 2021 (SEAL) 12/07/2024 hr�' C . Commission Expires Notary Public iI Katherine Daniel~ NOTARY PU3LIC STATE OF COLORADO NOIARY ID 20164046426 M`(C0MS �fON FRES 72JC7!?024 e�.n BID NO #B2100099 Page 21 BID BOND PROJECT: 2021 Paving Fabric Supply and Installation KNOW ALL MEN BY THESE PRESENTS, that Vance Brothers, Inc. as Principal, and *SEE as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") BELOW in the penal sum of Five Percent of Total Amount Bid -- Dollars ($_5% of amt. bid ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. *Liberty Mutual Insurance Company THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated June 7, 2021 , 2021 for the PROJECTS: PAVING FABRIC SUPPLY AND INSTALLATION FOR 2021 as set out in the accompanying Bid. WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform. NOW THEREFORE, if the principal shall, within the period specified therefore: A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B. Withdraw said Bid within the time specified, or C. Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this day of June 7 , 2021 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing board. Principal _ Vance Brothers. Inc. Address 380 W. 62nd Avenue ATTEST: By: !mA V (a tjcew W v ()tnCe, Secxe wry ATTEST: By: Surety Witness a Su Address Liberty Mutual Insurance Company 2200 Renaissance Boulevard, Ste. 400 King of Prussia, PA 19406-2755 BID NO #B2100099 Page 15 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Not valid for mortgage, note, loan, letter of credit, bank deposit, currency rate, interest rate or residual value guarantees. For bond and/or Power of Attorney (POA) verification inquiries, please call 610-832-8240 or email HOSUR@Iibertymutual.com. 11be "�+ Liberty Mutual Insurance Company �U.�The Ohio Casualty Insurance Company West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duty organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duty organized under the laws of the State of Massachusetts. and West American Insurance Company is a corporation duly organized under the laws of the Slate of Indiana (herein collectively called the *Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoinlLinda L. Nutt of the city of Kansas City , stale of MO its true and lawful attorney -in -fact, with null power and authority hereby conferred to sign, execute and acknowledge the, following surety bond: Principal Name: SfancemUsarn trio Obligee Name: Weld County Public Works Surety Bond Number: Bid Bond _ Bond Amount: See Bond Form IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this l2'^ day of March,! JP41N5&gq ,*�tY INS& NrNSV The Ohio Casualty Insurance Company g�ti mr �r� coPP0 c , e`�at oRr�Nr'� Liberty Mutual Insurance Company 991 Wets rnefican Insurance Company « 1912 3 2 1919 r° o y o a )1SSACN!? 1,�HAl By: * s David M."tarty. Assistant Secretary STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY On this 12.^ day of Matt#, 2221, before me personably appeared David M Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohto Casualty Company, and West American Insurance Corrrfrany, and that he. as such being aulhorized so to do, execute the hxegoirig instrument its the purges -es therein contained by signing On behalf of the corporations by hbnself as a drily authorized officer. IN'A'ITNESS WHEREOF. I have hereunto subscribed my name and affixed my notarial seal at Kim of Prussia Pennsylvania. on the day and yeearr first above written. 4yA STt` Commonwealth of Pennsylvania Notary Seal 4;1 �4rQ�de xx . Teresa Pastella, Notary Public /k OF Montgomery County By: ____________________________________ My commission expires March 28, 2025 Teresa Pastella, Notary Public v>r` Commission number 1126044 Amy per` Member. Pennsylvania Association of Notaries This Power of Altome a and executed pursuant to and by authority of fire totlomng dY-laws and Authorizations or Liberty Mutual Insurence Company, t cc Limo Casualty Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as (chews. ARTICLE IV - OFFICERS - Section t2 Power at Attorney. Any officer of other officio of the Corporation authorized for that purpose in wreesg by the Chairman or the President, and subject to suds Irmitation as aria Chairman or the President may proscribe, shall appoint such atlomays-tn-fact as may be necessary to act in behalf of the Corporation in make, execute, seat, acknowledge and deliver as surety any and an undertakings. bonds. recogni7ances and other surety obligations. Such aCorrreys•in-fact. jutted to the limitations sea forth n their respective powers of attorney, shalt have full power to brad the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so exectted, such instruments shall be as briul as if signed by the President and attested toy the Secretary, Any power or authority granted to any representative or anorney- n-tact under ire provisions of the article may be revoked at any Ome by the Board, the Chairman, the President or by the officer or officers granting suds power or authority. ARTICLE XCI -Execution of Cartreols - SECTION 5. Surety Bonds and Undertakings. Any ofrrcor of the Company authorized for that purpose in writing by tie chairman or the president. and subject to such tintitations as the chairman of the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act is behalf of the Company to makeexecute, seal acknowledge and deliver as surety any aid all undertakings, bonds, recognizances and other surety obligations. Such attorneys -m -fact subject to the Ilmrlaboos set forh as their respective powers of attorney, shat have furl power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of tire Company. When so executed such into mrenis shat be as binding as it signed by the president and attested by the secretary, Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M, Carey, Assistant Secretary to appoint such altomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal acknowledge and deliver as surety any and an undertakings. bonds, recognizances and other surety oblrgalions. Authorization - By unaransous consent of the Company's Board of Directors. the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company whereve- appearing upon a certified copy of any power of attorney issued by the Company in cormeclion with surety bonds shall be valid and binding upon the Company with the same force and effect as though manually affixed I, Renee C. Llewellyn. the undersigned, Assistant Secretary, of Liberty Mutual insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company do hereby certify that this power of anti etley executed by said Companies is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 7th day of June 2021 �JP� 1NSIUgrh J*y>Y Iris `�ytINSUgq� 1912 ; x 1919 ; 1991 mil y3'�ACI!`~ yl rIAM'WS ! //',yypNp ! ! A # By: Renee C. Llewellyn, Assistant Secretary New Contract Request Entity Information Entity Name* Entity ID* ❑ New Entity? VANCE BROTHERS INC >00004325 Contract Narne * 2021 PAVING FABRIC SUPPLY AND INSTALLATION Contract Status CTB REVIEW Contract ID 5229 Contract Lead* JHOLBROOK Contract Lead Email jholbrook@co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description SUPPLY AND PLACE APPROX. 90,550 SY OF MIRAFI MPG4 COMPOSITE PAVING FRID AND ASPHALT CEMENT. Contract Description 2 Contract Type * Department Requested BOCC Agenda Due Date AGREEMENT PUBLIC WORKS Date* 0902/2021 09'06;2021 Amount* Department Email $61 7,807.00 CM- Will a work session with BOCC be required?* PublicWorks3 weldgov.com NO Re le* YES Department Head Email Does Contract require Purchasing Dept. to be included? CM-PublicWorks- YES Automatic Renewal DeptHead�9weldgov.com Bid/RFP #* Grant County Attorney B2100099 BOB CHOATE IGA County Attorney Email BC HOATE.CO.WELD.CO. US If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contract Dates Effective Date Termination Notice Period Review Date * 01/25.2021 Committed Delivery Date Renewal Date* 03 1 5.2021 Expiration Date Contact Information Contact Info Contact Name Purchasing Purchasing Approver CONSENT Approval Process Department Head JAY MCDONALD DH Approved Date 08,' 31 2021 Final Approval 8OCC Approved 8OCC Signed Date 8OCC Agenda Date 09:08!2021 Originator J HOLBROO Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approved Date 08,131;`2021 Finance Approver CONSENT Finance Approved Date 08 312021 Tyler Ref # 4G09082 Legal Counsel CONSENT Legal Counsel Approved Date 08=31=2021 MEMORANDUM TO: Curtis Hall, Deputy Director of Public Works DATE: June 23, 2021 FROM: Joshua Holbrook, Pavement Management Supervisor SUBJECT: Paving Fabric Supply and Installation, Bid No. B2100099 On June 7, 2021 one bid for the Paving Fabric Supply and Installation was opened. The single bid was submitted by Vance Brothers, Inc. based out of DerNer, Colorado. Please see bid tab below: VENDOR MIFAFI MPG jEst Qty -90,550) UNIT PRICE MOBILZATION TOTAL (Est Qty — 3) PRICE UNIT PRICE VANCE BROTHERS $6.74=$610,307 $2500.00=$7,500 $617,807.00 380 WEST 62NO AVENUE DENVER CO 80216 The bid submitted by Vance Brothers, Inc. meets the bid specifications and is within the 2021 estimated budget for this contract; therefore, it is Public Works recommendation to award the bid to Vance Brothers, Inc. for a total amount of $617,807.00 cc: Jay McDonald, Director of Public Works Mona Weidenkeller, Office Tech IV, Account payable/receivable Rob Turf, Purchasing Manager Rose Everett, Weld County Purchasing Christie Peters, Weld County Purchasing 31 &70019 /ag WELD COUNTY PURCHASING 1150 O Street Room #107, Greeley CO 80631 E-mail: reverettCaweldgov.com E-mail: cmpetersca)-weldgov.com Phone: (970) 356-4000, Ext 4222 or 4223 Fax: (970) 400-4024 DATE OF BID: JUNE 7, 2021 REQUEST FOR: PAVING FABRIC SUPPLY DEPARTMENT: PUBLIC WORKS DEPT BID NO: #B2100099 PRESENT DATE: JUNE 14, 2021 APPROVAL DATE: JUNE 28, 2021 (ONE YEAR CONTRACT, COUNTY MAY EXTEND WITH OPTIONS VENDOR VANCE BROTHERS 380 WEST 62N0 AVENUE DENVER CO 80216 MIFAFI MPG jEst Qty -90,550) UNIT PRICE $6.74=$610,307 **PUBLIC WORKS IS REVIEWING THE BID AT THIS TIME FOR 2022 & 2023.) MOBILZATION (Est Qty — 3) UNIT PRICE $2500.00=$7,500 TOTAL PRICE $617,807.00 2021-1531 /`Li �,G©O79 Hello