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AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN WELD COUNTY & ALL PRO PAVEMENT
THIS AGREEMENT is made and entered into this Z 'day of a , 2021, by
and between the County of Weld, a body corporate and politic of the State of Co orado, by and
through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado
80631 hereinafter referred to as "County," and All Pro Pavement whose address is 1425 Brantner
Rd. Evans, CO 80620, hereinafter referred to as "Contractor".
WHEREAS, County requires an independent contractor to perform the services required
by County and set forth in Exhibit A; and
WHEREAS, Contractor is willing to perform and has the specific ability to perform the
required Services at or below the cost set forth in Exhibit B:
WHEREAS, Contractor is authorized to do business in the State of Colorado and has the
time, skill, expertise, and experience necessary to provide the equipment, materials and services
as set forth below;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Introduction.
The terms of this Agreement are contained in the terms recited in this document and in
Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are
specifically incorporated herein by this reference. County and Contractor acknowledge and agree
that this Agreement, including specifically Exhibits A and B, define the performance obligations
of Contractor and Contractor's willingness and ability to meet those requirements.
Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No.
B2100066". The RFB contains all of the specific requirements of County.
Exhibit B consists of Contractor's Response to County's Request for Bid. The Response
confirms Contractor's obligations under this Agreement.
2. Service or Work. Contractor agrees to procure the materials, equipment and/or products
necessary for the Project and agrees to diligently provide all services, labor, personnel and
materials necessary to perform and complete the Project described in the Exhibits which is attached
hereto and incorporated herein by reference. Contractor shall further be responsible for the timely
completion, and acknowledges that a failure to comply with the standards and requirements of
Exhibits A and B within the time limits prescribed by County may result in County's decision to
withhold payment or to terminate this Agreement.
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3. Term. The term of this Agreement begins upon the date of the execution of this Agreement
by County, and shall continue through and until Contractor's completion of the responsibilities
described in Exhibits A&B. Both of the parties to this Agreement understand and agree that the
laws of the State of Colorado prohibit County from entering into Agreements which bind County
for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary
date of this Agreement, County shall notify Contractor if it wishes to renew this Contract.
4. Termination. County has the right to terminate this Agreement, with or without cause on thirty
(30) days written notice. Furthermore, this Agreement may be terminated at any time without
notice upon a material breach of the terms of the Agreement.
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.
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.
6. Compensation/Contract Amount. Upon Contractor's successful completion of the
Project, and County's acceptance of the same, County agrees to pay an amount no greater than
$479,000.00, which is the bid set forth in Exhibit B. Contractor acknowledges no payment in
excess of that amount will be made by County unless a "change order" authorizing such additional
payment has been specifically approved by Weld County, 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 Contractor hereunder and
Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes
related to payments made pursuant to the terms of this Agreement.
Notwithstanding anything to the contrary contained in this Agreement, County shall have
no obligations under this Agreement after, nor shall any payments be made to Contractor in respect
of any period after December 31 of any year, without an appropriation therefore by County in
accordance with a budget adopted by the Board of County Commissioners in compliance with
Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S.
29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20)
7. Independent Contractor. Contractor agrees that it is an independent Contractor and that
Contractor's officers, agents or employees will not become employees of County, nor entitled to
any employee benefits from County as a result of the execution of this Agreement. Contractor shall
perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible
for its acts and those of its agents and employees for all acts performed pursuant to this Agreement.
Contractor, its employees and agents are not entitled to unemployment insurance or workers'
compensation benefits through County and County shall not pay for or otherwise provide such
coverage for Contractor or any of its agents or employees.
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 subcontracor agreements for the completion of this Project without County's prior
written consent, wiach may be withheld in County's sole discretion.
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.
10. Confidentiality. Confidential financial information of Contractor should be transmitted
separately from the main bid submittal, clearly denoting in red on the financial information at the
top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld
County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public
records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep
confidential all of County's confidential information. Contractor agrees not to sell, assign,
distribute, or disclose any such confidential information to any other person or entity without
seeking written permission from the County. Contractor agrees to advise its employees, agents,
and consultants, of the confidential and proprietary nature of this confidential information and of
the restrictions imposed by this agreement.
11. Warranty. Contractor warrants that the services performed under this Agreement will be
performed in a mariner consistent with the standards governing such services and the provisions
of this Agreement. Contractor further represents and warrants that all services shall be performed
by qualified personnel in a professional and workmanlike manner, consistent with industry
standards, and that all services will conform to applicable specifications.
In addition to the foregoing warranties, Contractor is aware that all work performed on this Project
pursuant to this Agreement is subject to a one year warranty period during which Contractor must
correct any failures. or deficiencies. This warranty shall commence on the date of County's final
inspection and acceptance of the Project.
12. 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. Acceptance by the County of, or payment for, the
services completed _finder this Agreement shall not be construed as a waiver of any of the County's
rights under this Agreement or under the law generally.
13. Insurance and Indemnification.
General Requirements: Contractors/Contract Professionals must secure, at or before the
time of execution of any agreement or commencement of any work, the following
insurance covering all operations, goods or services provided pursuant to this request.
Contractors/Contract Professionals shall keep the required insurance coverage in force at all
times during the term of the Agreement, or any extension thereof, and during any warranty
period.
The insurance coverage's specified in this Agreement are the minimum requirements, and
these requirements do not decrease or limit the liability of Contractor/Contract
Professional. The County in no way warrants that the minimum limits contained herein are
sufficient to protect the Contractor from liabilities that might arise out of the performance of
the work under this Contract by the Contractor, its agents, representatives, employees, or
subcontractors. The
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.
INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its
officers, agents, and employees, from and against injury, loss damage, liability, suits,
actions, or claims of any type or character arising out of the work done in fulfillment of the
terms of this Contract or on account of any act, claim or amount arising or recovered under
workers' compensation law or arising out of the failure of the Contractor to conform to any
statutes, ordinances, regulation, law or court decree. The Contractor shall be fully
responsible and liable for any and all injuries or damage received or sustained by any
person, persons, or property on account of its performance under this Agreement or its
failure to comply with the provisions of the Agreement. This paragraph shall survive
expiration or termination hereof.
Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain
at all times during the term of any Agreement, insurance in the following kinds and
amounts:
Workers' Compensation Insurance as required by state statute, and Employer's
Liability Insurance covering all of the Contractor's employees acting within the
course and scope of their employment. Policy shall contain a waiver of subrogation
against the County. This requirement shall not apply when a Contractor or
subcontractor is exempt under Colorado Workers' Compensation Act., AND when
such Contractor or subcontractor executes the appropriate sole proprietor waiver
form.
Commercial General Liability Insurance with the minimum limits as follows:
$1,000,000 each occurrence;
$2,000,000 general aggregate;
$1,000,000 Personal Advertising injury
$2,000,000 products & completed operations aggregate;
Automobile Liability: Contractor/Contract Professional shall maintain limits of
$1,000,000 far 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.
Pollution Liability: Contractor/Contract Professional shall provide Pollution
Liability Insurance if/when it is found that soil has been contaminated.
Contractors/Contract Professionals shall secure and deliver to the County at or before
the time of execution of this Agreement, and shall keep in force at all times during the
term of the Agreement as the same may be extended as herein provided, a
commercial general liability insurance policy, including public liability and property
damage, in form and company acceptable to and approved by said Administrator,
covering all operations hereunder set forth in the related Bid or Request for Proposal.
Proof of Insurance: County reserves the right to require the Contractor/Contract
Professional to provide a certificate of insurance, a policy, or other proof of insurance
as required by the County's Risk Administrator in his sole discretion.
Additional Insureds: For general liability, excess/umbrella liability, pollution legal
liability, liquor liability, and inland marine, Contractor/Contract Professional's
insurer shall same County as an additional insured.
Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer
shall waive subrogation rights against County.
Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -
vendors, suppliers or other entities providing goods or services required by this
Agreement shall be subject to all of the requirements herein and shall procure and
maintain the same coverage's required of Contractor/Contract Professional.
Contractor/Contract Professional shall include all such subcontractors, independent
Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall
ensure that all subcontractors maintain the required coverages. Contractor/Contract
Professional agrees to provide proof of insurance for all such subcontractors,
independent Contractors, sub -vendors suppliers or other entities upon request by the
County.
14. Non -Assignment. Contractor may not assign or transfer this Agreement or any
interest therein or claim thereunder, without the prior written approval of County. Any
attempts by Contractor to assign or transfer its rights hereunder without such prior
approval by County shall, at the option of County, automatically terminate this
Agreement and all rights of Contractor hereunder. Such consent may be granted or denied
at the sole and absolute discretion of County.
15. Examination of Records. To the extent required by law, the Contractor agrees that an
duly authorized representative of County, including the County Auditor, shall have access to and
the right to examine and audit any books, documents, papers and records of Contractor,
involving all matters and/or transactions related to this Agreement. The Contractor agrees to
maintain these documents for three years from the date of the last payment received.
16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in
delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where
such failure is due to any cause beyond its reasonable control, including but not limited to Acts of
God, fires, strikes, war, flood, earthquakes or Governmental actions.
17. Notices. County may designate, prior to commencement of work, its project representative
("County Representative") who shall make, within the scope of his or her authority, all necessary
and proper decisions with reference to the project. All requests for contract interpretations, change
orders, and other clarification or instruction shall be directed to County Representative. The
County Representative for purposes of this Agreement is hereby identified as, Toby Taylor. All
notices or other communications (including annual maintenance made by one party to the other
concerning the terms and conditions of this contract shall be deemed delivered under the following
circumstances:
(a) personal service by a reputable courier service requiring signature for receipt; or
(b) five (5) days following delivery to the United States Postal Service, postage prepaid
addressed to a party at the address set forth in this contract; or
(c) electronic transmission via email at the address set forth below, where a receipt or
acknowledgment is required by the sending party; or
(d) transmission via facsimile, at the number set forth below, where a receipt or
acknowledgment is required by the sending party.
Either party may change its notice address(es) by written notice to the other.
Notification Information:
Contractor: All Pro Pavement
Attn.: Jared Waterhouse
Address: 1425 Brantner Rd.
Address: Evans, CO 80620
E-mail: jared(a�allpropavement.com
Telephone: (970) 232-9242
County:
Name: Tony Tayior
Position: Director of Facilities
Address: 1105 H Street
Address: Greeley, CO 80632
E-mail: ttaa,co.weld.co.us
Facsimile: 970-304-6532
18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State
laws, rules and regulatiois in effect or hereafter established, including without limitation, laws
applicable to discrimination and unfair employment practices.
19. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use
other Contractors or persons to perform services of the same or similar nature.
20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto
and incorporated herein, contains the entire agreement between the parties with respect to the
subject matter contained in this Agreement. This instrument supersedes all prior negotiations,
representations, and understandings or agreements with respect to the subject matter contained in
this Agreement. This Agreement may be changed or supplemented only by a written instrument
signed by both parties.
21. Fund Availability. Financial obligations of the County payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. Execution of this Agreement by County does not create an obligation on the part of
County to expend funds rtiot otherwise appropriated in each succeeding year.
22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-
50-507. The signatories to this Agreement state 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.
23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal,
or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and
enforced without such provision, to the extent that this Agreement is then capable of execution
within the original intent of the parties.
24. Governmental Immunity. No term or condition of this contract shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections
or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as
applicable now or hereafter amended.
25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of
the terms and conditions of this Agreement, and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or
allow any claim or right of action whatsoever by any other person not included in this Agreement.
It is the express intention of the undersigned parties that any entity other than the undersigned
parties receiving services or benefits under this Agreement shall be an incidental beneficiary only.
26. Board of County Commissioners of Weld County Approval. This Agreement shall not
be valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any
provision included or incorporated herein by reference which conflicts with said laws, rules and/or
regulations shall be null and void. In the event of a legal dispute between the parties, Contractor
agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute.
28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees
that it does not knowingly employ or contract with an illegal alien who will perform work under
this contract. Contractor will confirm the employment eligibility of all employees who are newly
hired for employment in the United States to perform work under this Agreement, through
participation in the E -Verify program or the State of Colorado program established pursuant to
C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien
to perform work under this Agreement or enter into a contract with a subcontractor that fails to
certify with Contractor that the subcontractor shall not knowingly employ or contract with an
illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or
State of Colorado program procedures to undertake pre -employment screening or job applicants
while this Agreement is being performed. If Contractor obtains actual knowledge that a
subcontractor performing work under the public contract for services knowingly employs or
contracts with an illegal alien Contractor shall notify the subcontractor and County within three
(3) days that Contractor has actual knowledge that a subcontractor is employing or contracting
with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing
or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not
terminate the contract if within three days the subcontractor provides information to establish that
the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall
comply with reasonable requests made in the course of an investigation, undertaken pursuant to
C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor
participates in the State of Colorado program, Contractor shall, within twenty days after hiring 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.
Acknowledgment. County and Contractor acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms. Both parties further agree that this Agreement,
with the attached Exhibits A and B, is the complete and exclusive statement of agreement between
the parties and supersedes all proposals or prior agreements, oral or written, and any other
communications between the parties relating to the subject matter of this Agreement.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 3rdday of
(Yl o rub,. ,202't.
CONTRACTOR:
All Pro Pavement
By: 6't'a ead2
Namd( Jared Waterhouse
Title: Owner
WELD TOU�
ATTEST
Weld �2tv Clerk to the
Deputy C,erk td the
Date 23Apri12021
V. . B.D•4i BOARD OF COUNTY COMMISSIONERS
and WELD COUNTY, COLORADO
Steve Moreno, Chair MAY 0 3 2021
1861
c20 o2i'— O 999
Exhibit A
REQUEST FOR BID
WELD COUNTY, COLORADO
1150O STREET
GREELEY, CO 80631
DATE: FEBRUARY 24, 2021
BID NUMBER: B2100066
DESCRIPTION: 1250 H STREET PARKING LOT - PAVING REPLACEMENT
DEPARTMENT: FACILITIES
MANDATORY PRE -BID MEETING: MARCH 15, 2021
BID OPENING: MARCH 29, 2021
1. NOTICE TO BIDDERS:
The Board of County Commissioners of
Weld
County,
Colorado,
by and through its Controller/Purchasing
Director (collectively referred to herein as,
"Weld
County"),
wishes to
purchase the following:
1250 H STREET PARKING LOT - PAVING REPLACEMENT
A mandatory pre=bid conference will be held on March 15. 2021 at 10:00 AM (MDT) at 1250 H Street, Greeley,
CO 80631. Vendors must participate and record their presence at the pre -bid conference to be allowed to submit
proposals. We will be adhering to current state social distancing guidelines.
Bids will be received for the above stated equipment up to, but not later than: March 29, 2021 at 10:00 AM
MDT (Weld County Purchasing Time Clock . Due to COVID-19, instead of an "in -person" bid opening,
the submitted bids will be read over a Microsoft Teams Conference Call on March 29, 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: 923686955
PAGES 1 - 8 OF THIS REt GUEST FOR P1O8 CONTAIN GENERAL INFORMATION FOR THE RE6, ,,UEST
NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 —8 MAY BE
APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8.
2. INVITATION TO BID:
Weld County requests
bids for the above -listed
merchandise,
equipment, and/or services. Said merchandise
and/or equipment shall
be delivered to the
location(s) specified
herein
Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts,
and shall, in every way, be the total net price which the bidderwill expect the Weld County to pay if awarded the bid.
You can find information concerning this request on the BidNet Direct website at https:ffwww.bidnetdirect comf
Weld County Government is a member of BidNet Direct which is an online notification system being utilized by
multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals,
addendums, and awards on this one centralized system.
Bid Delivery to Weld County:
1. Due to COVID-19, one electronic copy of the bid is required. Email bids to bidsgweldgov.com. If
your bid exceeds 25 MB please upload it to https://www.bidnetdirect.com. Only a Toad our bid to BidNet if
yourbd exceeds 25 MB. The maximum file size to upload to BidNet is 500 MB.
2. PDF format is required. Emailed bids must include the following statement on the email: "I hereby
waive my right to a sealed bid". An email confirmation will be sent when we receive your proposal. Please call
Purchasing at 970-400-4222 or 4223 with any questions.
3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION
Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each
bid must give the full business address of bidder and be signed by him with his usual signature. Bids by
partnerships must furnish the full names of all partners and must be signed with the partnership name by one of
the members of the partnership or by an authorized representative, followed by the signature and title of the
person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the
name of the state of the incorporation and by the signature and title of the president, secretary, or other person
authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the
signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title
without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld
County Controller/Purchasing Director/Purchasing Director, satisfactory evidence of the authority of the officer
signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of
anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person
signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or
instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth.
All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which
are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out
completely, in detail, and signed by the Bidder.
Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the
bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled,
"Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No
responsibility will attach to the Weld County Controller/Purchasing Director/Purchasing Director for the premature
opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and
approval of the Weld County Controller/Purchasing Director/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. Bidders are expected to examine
the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk.
In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to
resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also
understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with
C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing,
lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and
all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in
the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be
awarded to more than one vendor.
In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for
Proposal contained herein (including, but not limited to the product specifications and scope of services), the
formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners,
together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of
County Commissioners.
4. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS
Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal
alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all
employees who are newly hired for employment in the United States to perform work under this Agreement,
through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S.
§8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work
BID REQUEST #82100066 Page 2
under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that
the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this
Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to
undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful
bidder obtains actual knowledge that a subcontractor performing work under the public contract for services
knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County
within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or
contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing
or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate
the contract if within three days the subcontractor provides information to establish that the subcontractor has
not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable
requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado
Department of Labor and Employment. If Successful bidder participates in the State of Colorado program,
Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract,
affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the
documents, and not altered or falsified the identification documents for such employees. Successful bidder shall
deliver to County, a written notarized affirmation that it has examined the legal work status of such employee,
and shall comply with all of the other requirements of the State of Colorado program, If Successful bidder fails
to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this
Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential
damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder
receives federal or state funds under the contract, Successful bidder must confirm that any individual natural
person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-
103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates
as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States
or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms
of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification
required by C.R.S. § 24-76.5-103 prior to the effective date of the contract.
5. GENERAL PROVISIONS
A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By
acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the
current fiscal year.
B. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting
confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential
information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on
the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a
public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open
Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents.
The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal
is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and
confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for
bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any
of them may be withheld from disclosure pursuant to CORA, and disclose those portions staff determines are
not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential
information which is included within the body of the bid and not separately identified. Any document which is
incorporated as an exhibit into any contract executed by the County shall be a public document regardless of
whether it is marked as confidential.
BID REQUEST #B2100066 Page 3
C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the
Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent
contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and
employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or
employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its
employees and agents are not entitled to unemployment insurance or workers' compensation benefits through
Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or
any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and
its employees and agents only if such coverage is made available by the successful bidder or a third party. The
successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes
(if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or
implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the
contract. The successful bidder shall have the following responsibilities with regard to workers' compensation
and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and
unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when
requested to do so by Weld County.
E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state
laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to
discrimination and unfair employment practices.
F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied
in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein
by reference which conflicts with said laws, rules and/or regulations shall be null and void.
G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement
of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action
whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties
that any entity other than the undersigned parties receiving services or benefits under the contract shall be an
incidental beneficiary only.
H. Attorney's Fees/Legal
Costs: In
the event of a dispute
between Weld County and the successful
bidder, concerning the contract,
the parties
agree that Weld County
shall not be liable to or responsible for the
payment of attorney fees and/or
legal costs
incurred by or on behalf
of the successful bidder.
I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises
will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against
on the grounds of race, color, national origin, sex, age, or disability in consideration for an award.
J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment
and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and
materials necessary to perform and complete the project. The successful bidder shall further be responsible for
the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined
in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to
terminate this Agreement.
K.
Term: The term of
this
Agreement begins upon
the date of
the execution of this Agreement
by County,
and
shall
continue
through
and
until successful bidder's
completion
of the responsibilities described
in the Bid.
L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days
written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach
of the terms of the Agreement.
BID REQUEST #B2100066 Page 4
M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing
signed by both parties. No additional services or work performed by the successful bidder shall be the basis for
additional compensation unless and until the successful bidder has obtained written authorization and
acknowledgement by County for such additional services. Accordingly, no claim that the County has been
unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be
the basis of any increase in the compensation payable hereunder.
N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in
reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not
enter into any subcontractor agreements for the completion of this Project without County's prior written consent,
which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to
approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel
to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful
bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed
by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward
the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement,
assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this
Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate
in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees
and subcontractors.
O. Warranty: The successful bidder warrants that services performed under this Agreement will be
performed in a manner consistent with the standards governing such services and the provisions of this
Agreement. The successful bidder further represents and warrants that all services shall be performed by
qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all
services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware
that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period during
which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance.
The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects,
whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum
specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the
goods are free and clear of all liens, encumbrances, and security interests.
Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time,
and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County,
Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after
said goods are first supplied to Weld County.
Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are
submitted:
1. Detailed equipment specifications to include the warranty.
2. Descriptive literature.
P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest
therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder
to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County,
automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be
granted or denied at the sole and absolute discretion of County.
0. 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.
I:iI,i:il.juJSItjj:p4ftIsi[j;
R. Non -Exclusive
Agreement: This
Agreement
is
nonexclusive and County may engage or use other
contractors or persons
to perform services
of the same
or
similar nature.
S. Employee Financial Interest/Conflict of Interest - C.R.S. §§24-18-201 et seq. and §24-50-507. The
signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or
beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County
has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere
with the performance of the successful bidder's services and the successful bidder shall not employ any person
having such known interests. During the term of this Agreement, the successful bidder shall not engage in any
business or personal activities or practices or maintain any relationships which actually conflicts with or in any
way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful
bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination
of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall
serve on a County Board, committee or hold any such position which either by rule, practice or action nominates,
recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder.
T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such
provision, to the extent that this Agreement is then capable of execution within the original intent of the parties.
U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra -judicial
body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null
and void.
V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until
it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee.
W. Compensation Amount:
County's acceptance of the same,
bid. The successful bidder ackno,
a "change order" authorizing such
employee, or by formal resolution
the Weld County Code.
Upon the successful bidder's successful completion of the service, and
County agrees to pay an amount no greater than the amount of the accepted
wledges no payment in excess of that amount will be made by County unless
additional payment has been specifically approved by the County's delegated
of the Weld County Board of County Commissioners, as required pursuant to
X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the
successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to
payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime
and/or double time rates for work done outside of normal business hours unless specifically authorized in writing
by County.
6. INSURANCE REQUIREMENTS
General Requirements; Successful bidders must secure, at or before the time of execution of any agreement
or commencement of any work, the following insurance covering all operations, goods or services provided
pursuant to this request. Successful bidders shall keep the required insurance coverage in force at all times during
the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance
shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as
"A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -
described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing
company shall send written notice to the Weld County Controller/Purchasing Director/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.
Successful bidder shall be responsible for the payment of any deductible or self -insured retention. County reserves
the right to require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible
or self -insured retention to guarantee payment of claims.
The
insurance
coverages specified in this Agreement are the minimum requirements,
and these requirements do
BID
REQUEST
#82100066
Page 6
not decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum limits
contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the
performance of the work under this Contract by the Successful bidder, its agents, representatives, employees,
or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent,
maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other
obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in
sufficient amounts, duration, or types. The successful bidder shall maintain, at its own expense, any additional
kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this
Agreement_ Any modification to these requirements must be made in writing by Weld County.
The successful bidder stipulates that it has met the insurance requirements identified herein. The successful
bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and
services provided, the timely delivery of said services, and the coordination of all services rendered by the
successful bidder and shall, without additional compensation, promptly remedy and correct any errors,
omissions, or other deficiencies.
INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and
employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising
out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising
or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform
to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and
liable for any and all injuries or damage received or sustained by any person, persons, or property on account
of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on
account of or in consequence of neglect of The successful bidder in its methods or procedures; or in its
provisions of the materials required herein, or from any claims or amounts arising or recovered under the
Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration
or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation,
defense and judgment costs where this contract of indemnity applies. In consideration of the award of this
contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or
affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for
losses arising from the work performed by the successful bidder for the County. A failure to comply with this
provision shall result in County's right to immediately terminate this Agreement.
Types of Insurance: The successful bidder shall obtain, and maintain at all times during the term of any
Agreement, insurance in the following kinds and amounts.
Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering
all of the successful bidder's employees acting within the course and scope of their employment. Policy shall
contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder
or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or
subcontractor executes the appropriate sole proprietor waiver form.
Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured
contract, and defense costs, with the minimum limits must be as follows:
$1,000,000 each occurrence;
$2,000,000 general aggregate;
$2,000,000 products and completed operations aggregate;
$1,000,000 Personal Advertising injury
Automobile Liability: Successful bidder shall maintain limits of $1,000,000 for bodily injury per person,
$1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles
operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in
the performance of this Contract.
Successful bidders shall secure and
deliver to
the County at
or before the time of
execution of this Agreement,
and shall
keep in force at all
times
during the
term of
the
Agreement as the
same may
be extended as
.. a.� �...... _ _ . . _ _ _z. _ ,. v .
herein provided, a commercial general liability insurance policy, including public liability and property damage,
in form and company acceptable to and approved by said Administrator, covering all operations hereunder set
forth in the Request for Bid.
Proof of Insurance:
County
reserves the rightto require
the
successful
bidder to provide a certificate of insurance,
a policy, or other
proof of
insurance as required by
the
County's
Risk Administrator
in his sole discretion.
Additional .Reds:
For general
liability,
excess/umbrella liability, pollution legal liability, liquor liability, and
inland marine,
Successful bidder's
insurer
shall name County as an additional
insured.
Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against
County.
Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other
entities providing goods or services required by this Agreement shall be subject to all of the requirements herein
and shall procure and maintain the same coverages required of Successful bidder. Successful bidder shall
include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under
its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to
provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other
entities upon request by the County.
The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to
the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated
herein by this reference.
BID REQUEST #82100066 Page 8
SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING:
This project is for the milling, subgrade treating, re -paving and stripping of the existing parking lot,
Overview:
Weld County has purchased the property located at 1250 H Street, Greeley, CO 80631 and renovated the
building to house the Clerk and Recorder's Office. The existing parking lot is in disrepair and needs to be
replaced. The objective is to remove all existing asphalt pavement and replace with new.
This project will consist of contractor performing milling, paving, sub grade treatment and stripping. Work shall
include:
1. Remove all existing asphalt pavement and subgrade to a depth deep enough to accommodate the new
asphalt thickness in the areas shown on the attached site layout phasing plan.
2_ Contractor to include any potholing for existing utilities as necessary before cement treating subgrade.
3. Cement treat entire area subgrade at 4% to a depth of 12".
4. Provide and install asphalt paving. Paving should be a total depth of 4" placed in two lifts of 2" each.
5. Provide new painted stripping when asphalt placement is complete.
6. Provide concrete collars around all utilities at the surface of the paving.
7. Remove and properly dispose of all trash generated by construction activities off site.
8. Project will need to be phased as shown in the attached phasing plan. This will be required to keep the
building open and operational at all times.
9. Contractor will be responsible for all material quantities. Limits of work are shown on site layout.
10. Weld County will waive any fees required by the County for this project. Any other permits, (grading,
right of way, etc.) needed for this project will be obtained and paid for by the contractor.
11. No bid bond is required for this project.
12. Davis -Bacon and Buy American requirements are NOT required.
13. Bids over $50,000 will require a payment (100%) and performance (100%) bond.
14. Based on a contract being ready on April 28, provide the completion date for this project.
Schedule:
Date of this Bid
Pre -Bid Conference
Proposals Are Due
Contract Award Notice
Construction Start
Completion
Fees:
February 24, 2021
February 24, 2021
March 15, 2021
March 29, 2021
April 14, 2021
Immediately upon receipt of signed contract
May 30, 2021
TOTAL PRICE
COMPLETION DATE
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 proposal for Request No. #B2100066.
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 Proposal contained herein
(including, but not limited to, product specifications and scope of services), and the formal
acceptance of the bid by Weld County, together constitutes a contract, with the contract date being
the date of formal acceptance of the bid by Weld County.
5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to
accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of
Weld County. The bid(s) may be awarded to more than one vendor.
FIRM
BUSINESS
ADDRESS
CITY, STATE, ZIP CODE
1141 2:[611 i<Li1
PRINTED NAME AND TITLE
SIGNATURE
E-MAIL
FAX
**ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID**
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION
NUMBER IS #98-03561-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 —8.
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Steve Moreno, Chair
APPROVED AS TO SUBSTANCE:
Elected Official or Department Head
Controller/Purchasing Director
BID REQUEST #82100066 Page 10
.• I
BID REQUEST NO. B2100066
1250 H STREET PARKING LOT - PAVING REPLACEMENT
Due to impending snowstorm, amend the pre -bid conference date and bid due date as follows:
A mandatory pre -bid conference will be held on March 22, 2021 at 10:00 AM (MDT) at 1250 H Street,
Greeley, CO 80631. Vendors must participate and record their presence at the pre -bid conference to be
allowed to submit proposals. We will be adhering to current state social distancing guidelines.
Bids will be received for the above stated equipment up to, but not later than: April 5, 2021 at 10:00 AM (MDT)
(Weld County Purchasing Time Clock). Due to COVID-19, instead of an "in -person" bid opening, the
submitted bids will be read over a Microsoft Teams Conference Call on April 5, 2021 at 10:30 AM (MDT).
To join, call the phone number and enter the Conference ID provided below:
***We need signed copy on file. Thank You!***
Addendum received by:
Vis]Rs7:
EMAIL
March 10, 2021
ADDENDUM#2
BID REQUEST NO. B2100066
1250 H STREET PARKING LOT - PAVING REPLACEMENT
1. Existing drawing: Site / phasing plan shows parking lot at far south end of the site not being re -
paved.
Revised drawing: See attached Exhibit A, updated site phasing plan dated 3-30-21. New site /
phasing plan shows adding the remaining paved area to the scope of work.
2. No asphalt mix design was included in the scope of work.
Add asphalt mix design: The mix shall be a PG 58-28 (SX) (50).
***We need sinned ned copy on file with your bid. Thankyou!
Addendum received by:
FIRM
ADDRESS
CITY AND STATE
BY
EMAIL
March 30, 2021
EXHIBIT A
4.
S9
1250 H Street Parking Lot — Paving Replacement
82100066
Questions & Answers — Posted 03/30/21
1.) Question: Will the speed bumps need to be replaced?
Answer: The speed bumps do not need to be replaced.
2.) Question: Will any of the curb and gutter be replaced?
Answer: Curb and gutter will not need to be replaced.
3.) Question: Will the concrete in front of the trash enclosure in phase 3 remain in place or get
removed and replaced with asphalt?
Answer: Trash enclosure pads to remain as -is.
4.) Question: Are there any permits that contractor will need to obtain?
Answer:
Weld
County will not
require any permits for this work. If the City of Greeley requires any
permits,
those
will need to be
obtained
and
paid
for by the contractor.
5.) Question: Will the contractor need to provide any testing?
Answer: All required testing will be paid for by the county.
6.) Question: Will the contractor need to provide as-builts?
Answer: No as -bulks will be required.
7.) Question: Would it be acceptable to build the parking lot in 2 phases instead of 3?
Answer: We will build the project in three separate phases.
8.) Question: Do the millings become property of the contractor or will the county keep them?
Answer: The millings will become the property of the contractor and will need to be removed
from the site.
9.) Question: Is there a specific asphalt mix design for this project?
Answer: See addenda #2.
1
Exhibit B
SPECIFICATiONS AND/OR SCOPE OF WORK AND PROPOSED PRICING:
1250 H STREET PARKING LOT — PAVEMENT REPLACEMENT
This project is for the milling, subgrade treating, re -paving and stripping of the existing parking lot.
Overview:
Weld County has purchased the property located at 1250 H Street, Greeley, CO 80631 and reriojated the
building to house the Clerk and Recorder's Office. The existing parking lot is in disrepair and nee p.be
replaced. The objective is to remove all existing asphalt pavement and replace with new.
Scope of work:
This project will consist of contractor performing milling, paving, sub grade treatment and strippin`- .K shall
include:
1.
Remove all existing asphalt pavement and subgrade to a depth deep enough to accom "
datthe new
asphalt thickness in the areas shown on the attached site layout phasing plan.
2.
Contractor to include any potholing for existing utilities as necessary before cement treati
ace
3.
4.
Cement treat entire area subgrade at 4% to a depth of 12".`
Provide and install asphalt paving: Paving should be a total depth of 4" placed in two lifts `
f 2" each.
5.
Provide new painted stripping when asphalt placement is complete.
6,
Provide concrete collars around all utilities at the surface of the paving.
7,
Remove and property dispose of all trash generated by construction activities off site.
8.
Project will need to be phased as shown in the attached phasing plan. This will be requir
to keep the
building open and operational at all times,
9.
Contractor wilt be responsible for all material quantities, limits of work are shown on site
yout.
10.
Weld County will waive any fees required by the County for this project. Any other permi
, (grading,
right of way, etc.) needed for this project will be obtained and paid for by the contractor.
11,
No bid bond is required for this project.
12.
Davis -Bacon and Buy American requirements are NOT required.
13.
Bids over $50,000 will require a payment (100%), and performance (100%) bond.
14.
Based on a contract being ready on April 28, provide the completion date for this project.'
Schedule:
Date of this Bid
February 24, 2021
Advertisement Date
February 24, 2021
Pre+Bid Corderence i
March 1s, 2021
Proposals AFe Due
March 29, 2021
Contract Award Notice
Aprii 14, 2021
Construction Start
Immediately upon receipt of ;igoed contract
Completion
May 30, 2021
Fees:
TOTAL PRICE $ 47 ,040.00 �.
COMPLEtION DATE by' _tay"E?th.2021
BID REQUEST #82100066
Page 9
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 provisl+r
in the request for proposal for Request No. #$2100066.
2. The quotations set forth herein are exclusive of any federal excise taxes and all otherI,
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 si .bid submitted, all of the documents of the Request for Proposal conteinerl
(including, but not limited to, product specifications and scope of services), and the for
accepta tcervof the bid by Weld County, together constitutes a contract, with the contra
the date o formal acceptance of the bid by Wetd County.
5. Weld County reserves the right to reject any and all bids, to waive any informality in th
accept the bid that, in the opinion of the Board of County Commissioners, is to the be
Weld County. The bid(s) may be awarded to more than one vendor.
FIRM All Pro Pavement
BUSINESS
ADDRESS 1425 Brantner RD
CITY, STATE, ZIP CODE Evans CO 80620
TELEPHONE NO 970-232-9242 FAX _
PRINTED NAME AND
ared Waterhouse
TAX ID #
Owner
bids, and to
interests of
SIGNATURE '- aZ t, 8US
,
E-MAIL `aced tt averttent.com
DATE 4I5/2021
`" L'
TI -GS BION}OF THEIR 81D**
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF E
N
NUMBER IS #98-03551-0000. YOU DO
NOT NEE TO' BAG A I 1 - 8.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board
WELD COUNTY, COLORADO
BY.
Deputy Clerk to the Board
Steve Moreno, Chair
APPROVED AS TO SUE STANCE
Elected Official or Department Head
Controller/Purchasing Director
.
BID REQUEST #82400066
Page
10
ADDENfUM#2
Dim REQUEST NO, 82100066
1250 Hi,STREET PARKING LOT- PAVING REPLACEMENT
1. Existing drawing: Site I phasing plan shows parking lot at far south end of the site
paved.
Revised drawing: See attached Exhibit A, updated site phasing plan dated 3-30-21,
phasing plan shows adding the remaining paved area to the scope of work.
2. No asphalt mix design was included in the scope of work.
Add asphalt mibdesign: The mix shall be a PG 58-28 (SX) (5Q).
***Wc neat sncsdmcsu�� File withyurbid tlinuu!***
Addendum received by: All Pro Pavement
FIRM
1425 Brantner RD
DRESS F,
t s ee it, �,neys'k
Evans CO 60620
CITY AND STATE
Jared Waterhouse rr,
BY
tired{callpropavernent.com
bht,t1 tT.
March 30. 2021
ADDENDUM#1
BID REQUEST NO. 82100066
1250 H STREET PARKING LOT - PAVING REPLACEMENT
Due to impending snowstorm, amend the pre -hid conference date and bid due date as follows:
A mandatory pre -bid conference will be held on March 22, 2021 at 10:00 AM (MDT) at 1250
Greeley, CO 80631, Vendors must participate and record their presence at the pre -bid conferee
allowed to submit proposals. We will be adhering to current state social distancing guidetir
Bids will be received for the above stated equipment up'to, but not later than: Apr11 5, 2021 at 1
(Weld County Purchasing Time Clock). Due to COVID-19, instead of an "in -person" bid oi,
submitted bids will be read over a Microsoft Teams Conference Call on April 5, 2021 at 1r
To join, call the phone number and enter the Conference ID provided below:
Phone Number: (720) 439-5261 Conference ID: 923686955
***We naed signed copy on file. Thank You!***
Addendum received by€:
March 10.2021
All Pro Pavement
FIRM...._A ---
1425 Brantner RD
ADDRESS
Evans CO 80620
CITY AND STATE
Jared Waterhouse jt2.4.4It
oaaf22A U4IZ.
BY
jared@allpropavement.com
EMAIL
I!!
W -9i Request for Taxpayer
Identficatio41 Numr and Cerllcaton
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1411*,
ACcPR b® CERTIFICATE OF LIABILITY INSURANCE
DATE(MM/DD(YYIY)
4/21/2021
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 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 endorsemenl(s).
PRODUCER
Ewing -Leavitt Insurance Agency, Inc_
4090 Clydesdale Parkway
Suite 101
Loveland CO 80538
CONTACT NE: Katie Klimek
alc NN Ext: (970) 679-7333 ac NO: (866)456-4265
ADDRESS:katie-klimek@leavitt.com
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURERA:EMC
21415
INSURED
Waterhouse Inc., DBA: All Pro Pavement Services; WH Inves
PO Box 7901
Loveland CO 80537
INSURERB:Pinnacol Assurance
41190
INSURERC:
INSURERD:
INSURER E:
INSURERF: :
COVERAGES CERTIFICATE NUMBER:21-22 Master REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
SUBR
POLICY NUMBER
POLICY EFF
MMIDD/YYYY
POLICY EXP
MM!DDIYYYY)
LIMITS
X
COMMERCIALGENERALLIABILITY
EACH OCCURRENCE
$ 1,000,000
A
I
CLAIMS -MADE �X OCCUR
DAMAGE TO RENTED
PREMISES Ea occurrence)
$ 50,000
X
MED EXP (Any one person)
$ 10,000
Blkt Additional Insured
6X02102-20
4/1/2021
4/1/2022
X
Blkt Waiver of Subrogation
PERSONAL & ADV INJURY
$ 1,000,000
GEN'LAGGREGATE LIMITAPPLIES PER:
GENERALAGGREGATE
$ 2,000,000
PRODUCTS-COMP/OPAGG
$ 2,000,000
POLICY IPOT RLOC
JEC
Employment Practices Liability
$ 250 , 000
OTHER:
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
Ea accident
$ 1 ,000 , 000
BODILY INJURY (Per person)
$
A
X ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
NON -OWNED
X HIRED AUTOS X AUTOS
6X02102-20
4/1/2021
4/1/2022
BODILY INJURY (Per accident)
$
OERTY DAMAGE
(Per accident)
$
Medical payments
$ 5,000
X BlktAddtl Insd X Blkt Wain of Sub
X
UMBRELLALIAB
X
OCCUR
EACH OCCURRENCE
$ 3,000,000
AGGREGATE
$ 3,000,000
A
EXCESS LIAR
CLAIMS -MADE
DED I RETENTION $
$
6X02102-20
4/1/2021
4/1/2022
WORKERS COMPENSATION
AND EMPLOYERSLIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N
X PER 0TH -
STATUTE ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE- EA EMPLOYEE
$ 1,000,000
B
OFFICER/MEMBER EXCLUDED? ❑
(Mandatoryin NH)
NIA
4163174
4/1/2021
4/1/2022
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
A
Leased & Rented Equipment
6X02102-20
4/1/2021
4/1/2022
Limit $250,000
DESCRIPTION OF OPERATIONS I LOCATIONS! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
CERTIFICATE HOLDER CANCELLATION
sgeesaman@weldgov.com
Weld County Facilities Department
1105 H Street
Greeley, CO 80631
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
tie Klimek/KAKLIM
4 ACORD CORPORATION. All
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
INS025 (201401)
New Contract Request
Entity Information
Entity Name* Entity 1D* ❑ New Entity?
ALL PRO PAVEMENT 0042831
Contract Name *
1250 H ST PARKING LOT -PA ENT
Contract Status
CTB REVIEW
Contract Descriptionn*
REPLACE PAVING IN THE PARKING LOT AT 1250 H STREET.
Contract Description 2
Contract Type
Department
CONTRACT
€UILDINGS AND GROUNDS
nt *
Department Email
$479,000.00
C4 -
1 uildingGrounds -eIdgov.c
Renewable*
NO
Department Email
Automatic RWal
CM-RuHdingGrounds-
DeptHeadTweIdgovcom
Grant
County AtLorry
GENERAL COUNTY
6GA,
ATTORNEY EMAIL
County Attorney Email
CM-
COU 4TYATTONEYWELDG
OV,COM
If this is a renewal enter
previous Contract ID
If this is part at a MSA enter MSA Contract ID
Contract ID
4712
Contract Lead
SGEESAMAN
Contract Lead Email
sgeesamanLzbco.weld.co. us
Parent Contract ID
Requested 80CC Agenda Due Date
Date* 04,24/2021
04 28 2021
Will a work session with 80CC be required?*
NO
Does Contract require Purchasing Dept. to be included?
YES
Rid(RFP #*
2100066
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Contract Dates
Effective Review Date * Renewal Date
I231 :F`2021
Termination Notice Period Committed Delivery Date Expiration Dates
12/31/2021
Contact Information
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
ROB TURF 04!2712021
Approval Process
Department Head Finance Approver
TORY TAYLOR BARB CONNOLLY
DH Approved Date Finance Approved Date
04 26'2021 04/27, 2021
Final Approval
BOCC Approved
EOCC Agenda Date
05<(03,'2021
•
Tyler Ret #
AG 050321
Legal Counsel
BOB CHOATE
Legal Counsel Approved Date
04/27/2021
FACILITIES DEPARTMENT
PHONE: (970) 400-2020
FAX: (970) 304-6532
WEBSITE: www.co.weld.co.us
1105 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
April 14, 2021
To: Board of County Commissioners
From: Toby Taylor
Subject: 1250 H Street — Paving Replacement; B2100066
As advertised this bid is for replacement of the existing asphalt. The low bid is from All Pro Pavement
and meets specifications. Therefore, the Facilities Department is recommending the award to All Pro
Pavement in the amount of $479,000.00
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
N/ai aoai- 0999
WELD COUNTY PURCHASING
1150O Street, Room 107, Greeley, CO 80631
E -Mail: cmpeters(a�weldgov.com
E-mail: reverett(a)weldgov.com
E-mail: rturf('�weldgov.com
Phone: (970) 400-4223, 4222 or 4216
Fax: (970) 336-7226
DATE OF BID: APRIL 5, 2021
REQUEST FOR: 1250 H STREET - PAVING REPLACEMENT
DEPARTMENT: FACILITIES
BID NO: #B2100066
PRESENT DATE: APRIL 7, 2021
APPROVAL DATE: APRIL 21, 2021
VENDOR TOTAL
ALL PRO PAVEMENT
$479,000.00
1425 BRANTNER RD
EVANS, CO 80620
DON KEHN CONSTRUCTION
$538,640.00
6550 S COUNTY RD 5
FORT COLLINS, CO 80528
MARTIN MARIETTA
$559,645.00
1800 N TAFT HILL RD
FORT COLLINS, CO 80521
APEX PAVEMENT SOLUTIONS
$587,118.00
607 10TH ST, STE 207
GOLDEN, CO 80401
CONNELL RESOURCES, INC
$597,670.00
7785 HIGHLAND MEADOWS PKWY, STE 100
FORT COLLINS, CO 80528
ENGINEERED PAVING
$714,285.00
4802 CHRISTENSEN DR
LITTLETON, CO 80123
THE FACILITIES DEPARTMENT IS REVIEWING THE BIDS.
COMPLETION DATE
05/30/21
04/05/2021
05/30/2021
05/30/2021
05/30/2021
05/30/2021
2021-0999
09/07 SGOOa3
Hello