HomeMy WebLinkAbout20212771.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR CONSTRUCTION SERVICES FOR ADMINISTRATION
BUILDING SIDEWALK AND JAIL INLET REPAIR PROJECT (BID #B2100126) AND
AUTHORIZE CHAIR TO SIGN - J & F CONCRETE, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for Construction Services
for the Administration Building Sidewalk and Jail Inlet Repair Project for Bid #B2100126 between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Facilities Department, and J & F Concrete, LLC, commencing upon
full execution of signatures, with further terms and conditions being as stated in said agreement,
and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Agreement for Construction Services for the Administration
Building Sidewalk and Jail Inlet Repair Project for Bid #B2100126 between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Facilities Department, and J & F Concrete, LLC, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of September, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 4;0CA) � jdio;11
Weld County Clerk to the Board
County Attorney
Date of signature: I0/1-1/2.1
S
Steve Moreno, Chair
EXCUSED
ike Freeman
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2021-2771
BG0023
Conrhvaci- °It'25(1
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
September 20, 2021
To: Board of County Commissioners
From: Toby Taylor
Subject: Administration Building Sidewalk & Jail Inlet Repair; B2100126
As advertised this bid is for installing a sidewalk at the Administration Building and repairing an Inlet at
the Jail. The low bid is from J&F Concrete and meets specifications. Therefore, the Facilities
Department is recommending the award to J&F Concrete in the amount of $16,109.00
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
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2021-2771
Oct/Z7
AGREEMENT FOR CONSTRUCTION SERVICES
BETWEEN WELD COUNTY & J & F CONCRETE
ADMINISTRATION BUILDING SIDEWALK & JAIL INLET REPAIR PROJECT
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THIS AGREEMENT is made and entered into this Ql day of September , 2021, by
and between the Board of Weld County Commissioners, on behalf of the Facilities Department,
hereinafter referred to as "County," and J & F Concrete, 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.
B2100126".
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.
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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
$16,109.00, 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
Builders' Risk Insurance or Installation Floater — Completed Value Basis: Unless
otherwise provided in the attached Exhibits, the Contractor shall purchase and maintain, in
a company or companies lawfully authorized to do business in Colorado, Builders' Risk
Insurance in the amount of the initial contract amount as described in the attached Exhibits,
plus the value of subsequent modifications, change orders, and cost of material supplied or
installed by others, comprising total value of the entire Project at the site on a replacement
cost basis without optional deductibles.
1) The policy must provide coverage from the time any covered property becomes
the responsibility of the Contractor, and continue without interruption during
construction, renovation, or installation, including any time during which the
covered property is being transported to the construction installation site, or
awaiting installation, whether on or off site.
2) Such Builders' Risk Insurance shall be maintained, unless otherwise provided
in the Contract Documents or otherwise agreed in writing by all persons and
entities who are beneficiaries of such insurance, until final payment has been
made or until no person or entity other than the County 's has insurable interest
in the property to be covered, whichever is later.
3) The Builders' Risk insurance shall include interests of the County and if
applicable, affiliated or associate entities, the General Contractor,
subcontractors and sub -tier contractors in the Project.
4) The Builders' Risk Coverage shall be written on a Special Covered Cause of
Loss form and shall include theft, vandalism, malicious mischief, collapse,
false -work, temporary buildings, transit, debris removal including demolition,
increased cost of construction, architect's fees and expenses, flood (including
water damage), earthquake, and if applicable, all below and above ground
structures, piping, foundations including underground water and sewer mains,
piling including the ground on which the structure rests and excavation,
backfilling, filling, and grading. Flood damage coverage is not required for
work within the floodway or 100 year floodplain. Regardless, Contractor shall
bear all risk associated with any and all loss resulting from flood events during
construction.
5) The Builders' Risk shall include a Beneficial Occupancy Clause. The policy
shall specifically permit occupancy of the building during construction. County
Contractor shall take reasonable steps to obtain consent of the insurance
company and delete any provisions with regard to restrictions within any
Occupancy Clauses within the Builder's Risk Policy. The Builder's Risk Policy
shall remain in force until acceptance of the project by the County.
6) Equipment Breakdown Coverage (a.k.a. Boiler & Machinery) shall be included
as required by the Contract Documents or by law, which shall specifically cover
insured equipment during installation and testing (including cold and hot
testing).
7) The deductible shall not exceed $25,000 and shall be the responsibility of the
Contractor for all covered perils within the required policy.
For all general liability, excess/umbrella liability, and professional liability policies, if the
policy is a claims -made policy, the retroactive date must be on or before the contract date
or the first date when any goods or services were provided to County, whichever is earlier.
b. Proof of Insurance: Contractor shall provide to County a certificate of insurance, a
policy, or other proof of insurance as determined in County's sole discretion. Contractor
shall provide a certificate of insurance naming Weld County, Colorado, its elected officials,
and its employees as an additional named insured.
c. Subcontractor Insurance: Contractor hereby warrants that all subcontractors providing
services under this Agreement have or will have the above described insurance prior to the
commencement of the Work, or otherwise that they are covered by the Contractor's
policies to the minimum limits as required herein. Contractor agrees to provide proof of
insurance for all such subcontractors upon request by the County.
d. No limitation of Liability: The insurance coverages specified in this Agreement are the
minimum requirements, and these requirements do not decrease or limit the liability of
Contractor. The County in no way warrants that the minimum limits contained herein are
sufficient to protect the Contractor from liabilities that might arise out of the performance
of the Work under by the Contractor, its agents, representatives, employees, or
subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or
prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved
of any liability or other obligations assumed or pursuant to the Contract by reason of its
failure to obtain or maintain insurance in sufficient amounts, duration, or types. The
Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance
that it may deem necessary to cover its obligations and liabilities under this Agreement.
e. Certification of Compliance with Insurance Requirements. The Contractor stipulates that
it has met the insurance requirements identified herein. The Contractor shall be responsible
for the professional quality, technical accuracy, and quantity of all services provided, the
timely delivery of said services, and the coordination of all services rendered by the
Contractor and shall, without additional compensation, promptly remedy and correct any
errors, omissions, or other deficiencies.
14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers,
agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions,
claims, or willful acts or omissions of any type or character arising out of the Work done in
fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or
recovered under workers' compensation law or arising out of the failure of the Contractor to
conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. The
Contractor shall be fully responsible and liable for any and all injuries or damage received or
sustained by any person, persons, or property on account of its performance under this Agreement
or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor will
be responsible for primary loss investigation, defense and judgment costs where this contract of
indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive
all rights of subrogation against the County its associated and/or affiliated entities, successors, or
assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the
work performed by the Contractor for the County. A failure to comply with this provision shall
result in County's right to immediately terminate this Agreement.
15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest
therein or claim thereunder, without the prior written approval of County. Any attempts by
Contractor to assign or transfer its rights hereunder without such prior approval by County shall,
at the option of County, automatically terminate this Agreement and all rights of Contractor
hereunder. Such consent may be granted or denied at the sole and absolute discretion of County.
16. Examination of Records. To the extent required by law, the Contractor agrees that any
duly authorized representative of County, including the County Auditor, shall have access to and
the right to examine and audit any books, documents, papers and records of Contractor, involving
all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these
documents for three years from the date of the last payment received.
17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in
delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where
such failure is due to any cause beyond its reasonable control, including but not limited to Acts of
God, fires, strikes, war, flood, earthquakes or Governmental actions.
18. Notices. County may designate, prior to commencement of work, its project representative
("County Representative") who shall make, within the scope of his or her authority, all necessary
and proper decisions with reference to the project. All requests for contract interpretations, change
orders, and other clarification or instruction shall be directed to County Representative. All notices
or other communications made by one party to the other concerning the terms and conditions of
this contract shall be deemed delivered under the following circumstances:
a) personal service by a reputable courier service requiring signature for receipt; or
b) five (5) days following delivery to the United States Postal Service, postage prepaid
addressed to a party at the address set forth in this contract; or
c) electronic transmission via email at the address set forth below, where a receipt or
acknowledgment is required by the sending party; or
Either party may change its notice address(es) by written notice to the other. Notice shall be
sent to:
Contractor:
Name: Fanya Armendariz
Position:
Address: 2073 Beech Ave
Address: Greeley, CO 80631
E-mail: fania93@aol.com
Phone: 970-218-4121
County:
Name: Toby Taylor
Position: Director
Address: 1105 H Street
Address: Greeley, CO 80631
E-mail: ttaylor@weldgov.com
Phone: 970-400-2020
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:
J & F Concrete
By:
l / l�
Nanrt Fanya Armendariz
Title: Owner
9/17/2021
Date of Signature
WELD COUNTY:
ATTEST: 4;ok.
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board Steve Moreno, Chair SEP 2 7 2021
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Exhibit A
REQUEST FOR PROPOSALS
WELD COUNTY, COLORADO
1150 O STREET
GREELEY, CO 80631
DATE: AUGUST 25, 2021 �.
BID NUMBER: B2100126;�F
DESCRIPTION: ADMINISTRATION BUILDING SIDEWALK & JAIL INLET REPAIR
DEPARTMENT: FACILITIES
MANDATORY PRE -BID CONFERENCE: AUGUST 31, 2021
BID OPENING DATE: SEPTEMBER 9, 2021
1. NOTICE TO BIDDERS:
The Board of County Commissioners of Weld County, Colorado, by and through its Controller (collectively
referred to herein as, "Weld County"), wishes to purchase the following:
ADMINISTRATION BUILDING SIDEWALK & JAIL INLET REPAIR
A mandatory pre -bid conference will be held on August 31, 2021 at 11:30 AM at the Weld County
Administration Building, 1150 O Street, Greeley, CO 80631. Meet on the east side of the building (employee
entrance). Bidders must participate and record their presence at the pre -bid conference to be allowed to submit
bids.
Bids will be received until: September 9, 2021 at 10:00 AM (Weld County Purchasing Time Clock). The
submitted bids will be read over a Microsoft Teams Conference Call on September 9, 2021 at 10:30 AM.
To join, call the phone number and enter the Conference ID provided below:
Phone Number: (720) 439-5261 Conference ID: 148052059
PAGES 1 - 8 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST
NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 - 8 MAY BE
APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8.
2. INVITATION TO BID:
Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise
and/or equipment shall be delivered to the location(s) specified herein.
Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts,
and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid.
You can find information concerning this request on the BidNet Direct website at https://www.bidnetdirect.com/
Weld County Government is a member of BidNet Direct 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. Emailed bids are required. Email bids to bids(a�weldgov.com; however, if your bid exceeds 25MB
please upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500
MB. PDF format is required. Emailed bids must include the following statement on the email: "I hereby waive
my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal.
Please call Purchasing at 970-400-4223 or 4222 with any questions.
3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION:
Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each
bid must give the full business address of bidder and be signed by him with his usual signature. Bids by
partnerships must furnish the full names of all partners and must be signed with the partnership name by one of
the members of the partnership or by an authorized representative, followed by the signature and title of the
person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the
name of the state of the incorporation and by the signature and title of the president, secretary, or other person
authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the
signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title
without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld
County Controller, satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be
furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the
Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to
comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied
herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be
suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the
basis indicated it the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the
Bidder.
Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the
bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled,
"Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No
responsibility will attach to the Weld County Controller for the premature opening of a bid not properly addressed
and identified. Bids may be withdrawn upon written request to and approval of the Weld County Controller; said
request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of
a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are
expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be
at the bidders' risk.
In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to
resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also
understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with
C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing,
lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and
all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in
the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be
awarded to more than one vendor.
In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for
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 Commiss oners.
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
under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that
BID REQUEST #B2100126 Page 2
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
u ndertake 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
o r 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
n ot 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
o r 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
n ot protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential
information which is included within the body of the bid and not separately identified. Any document which is
incorporated as an exhibit into any contract executed by the County shall be a public document regardless of
whether it is marked as confidential.
C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the
Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
BID REQUEST #B2100126 Page 3
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 attorrey fees and/or legal costs incurred by or on behalf of the successful bidder.
I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises
will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against
on the grounds of race, color, national origin, sex, age, or disability in consideration for an award.
J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment
and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and
materials necessary to perform and complete the project. The successful bidder shall further be responsible for
the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined
in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to
terminate this Agreement.
K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County,
and shall continue through and until successful bidder's completion of the responsibilities described in the Bid.
L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days
written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach
of the terms of the Agreement.
M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing
signed by both parties. No additional services or work performed by the successful bidder shall be the basis for
additional compensation unless and until the successful bidder has obtained written authorization and
acknowledgement by County for such additional services. Accordingly, no claim that the County has been
BID REQUEST #B2100126 Page 4
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.
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
BID REQUEST #B2100126 Page 5
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
u nenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such
provision, to the extent that this Agreement is then capable of execution within the original intent of the parties.
U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra -judicial
body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null
and void.
V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until
it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee.
W. Compensation Amount: Upon the successful bidder's successful completion of the service, and
County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted
bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless
a "change order" authorizing such additional payment has been specifically approved by the County's delegated
employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to
the Weld County Code.
X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the
successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to
payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime
and/or double time rates for work done outside of normal business hours unless specifically authorized in writing
by County.
6. INSURANCE REQUIREMENTS
General Requirements: Successful bidders must secure, at or before the time of execution of any agreement
o r commencement of any work, the following insurance covering all operations, goods or services provided
pursuant to this request. Successful bidders shall keep the required insurance coverage in force at all times during
the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance
shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as
"A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -
described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing
company shall send written notice to the Weld County Controller by certified mail, return receipt requested. Such
written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of
premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured
retention, County must be notified by the Successful bidder. Successful bidder shall be responsible forthe 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
n ot 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,
BID REQUEST #B2100126 Page 6
o r 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
o bligations 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,
o missions, or other deficiencies.
INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and
o mployees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising
o ut of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising
o r 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
o r 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
o r 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
o perating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in
the performance of this Contract.
Successful bidders shall secure and deliver to the County at or before the time of execution of this Agreement,
and shall keep in force at all times during the term of the Agreement as the same may be extended as
herein provided, a commercial general liability insurance policy, including public liability and property damage, in
form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth
in the Request for Bid.
BID REQUEST #B2100126 Page 7
Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate of insurance,
a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion.
Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and
inland marine, Successful bidder's insurer shall name County as an additional insured.
Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against
County.
Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other
entities providing goods or services required by this Agreement shall be subject to all of the requirements herein
and shall procure and maintain the same coverages required of Successful bidder. Successful bidder shall
include all such subcontractors, independent contractors. sub -vendors suppliers or other entities as insureds under
its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to
provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other
entities upon request by the County.
The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to
the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated
herein by this reference.
BID REQUEST #B2100126 Page 8
SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING:
Administration Building Sidewalk
and Jail Inlet Repair
This two-part project consists of providing a new concrete sidewalk/ramp that meets ADA incline requirements
at the rear entrance of the Weld County Administration Building at 1150 O Street, Greeley, CO 80631. In
addition, the project will require replacing a broken storm drain inlet structure at the Weld County Jail, 2110 O
Street, Greeley, CO 80631.
Scope of work:
This project will consist of general contractor constructing a new concrete sidewalk/ramp that meets the
American Disabilities Act (ADA) incline requirements at the east side of the Weld County Administration
Building. In addition, the project will require replacing a broken storm drain inlet structure at the Weld County
Jail. Work shall include:
Administration Building:
1. Provide grading, forming and concrete placement for a new ramp that extends from the building
down to the island at the parking lot.
2. Ramp will meet all ADA requirements including slope, landings as required, flared sections at
transition to street/parking lot and detectable warning at entrance to street. These items are:
a. Slope. Ramp runs shall have a running slope not steeper than 1:12.
b. Cross slope of ramp runs shall not be steeper than 1:48.
c. The clear width of a ramp run shall be 36 inches (915 mm) minimum.
d. The rise for any ramp run shall be 30 inches (760 mm) maximum.
e. Ramps shall have landings at the top and the bottom of each ramp run. The landing clear
width shall be at least as wide as the widest ramp run leading to the landing. The landing
clear length shall be 60 inches (1525 mm) long minimum. Ramps that change direction
between runs at landings shall have a clear landing 60 inches (1525 mm) minimum by 60
inches (1525 mm) minimum. Landings subject to wet conditions shall be designed to prevent
the accumulation of water. Diagram below depicts this:
BID REQUEST #B2100126 Page 9
4/
60dr min
19
1 525
landing
60 min
1525�s�s
ramp run I landing
at least as wide as ramp run
(a)
straight
(b)
change in direction
3. Where ramp terminates at curb, curb shall be cut, and ramp shall meet the following:
a. Counter slopes of adjoining gutters and road surfaces immediately adjacent to the curb ramp
shall not be steeper than 1:20. The adjacent surfaces at transitions at curb ramps to walks,
gutters, and streets shall be at the same level. Diagram below depicts:
adjoining surface maximum
slope -
20
a,
r
curb ramp slope
Figure 406.2
Counter Slope of Surfaces Adjacent to Curb Ramps
b. Where provided, curb ramp flares shall not be steeper than 1:10. Diagram below depicts:
7 flared sides 1:10 max slope
Figure 406.3
Sides of Curb Ramps
c. Landings shall be provided at the tops of curb ramps. The landing clear length shall be 36
inches (915 mm) minimum. The landing clear width shall be at least as wide as the curb
ramp, excluding flared sides, leading to the landing. Diagram below depicts:
BID REQUEST #B2100126
Page 10
36 min
915
at least as wide as
curb ramp
Figure 406.4
Landings at the Top of Curb Ramps
4. Ramp will be held back from existing retaining wall to south a minimum of three feet.
5. Provide standard sidewalk chase at upper elevation to allow for drainage at downspout.
Jail Inlet Replacement:
1. Remove existing broken inlet structure and replace with new structure.
2. Maintain vehicle access through drive lanes during construction.
3. Provide pedestrian barriers at sidewalk during construction.
General:
1. The projects will be permitted through the Weld County Building Department. Fees for permits will
be waived.
2. Contractor will be responsible for locating all buried utilities prior to excavating.
3. All debris shall be removed daily and legally disposed of offsite.
4. Davis -Bacon and Buy American requirements are NOT required.
5. No bid bond is required for this project.
6. Bids over $50,000 will require a payment (100%) and performance (100%) bond.
7. Anticipated start date will be on or before September 27, 2021.
START DATE
COMPLETION DATE
ADMINISTRATION SIDEWALK TOTAL $
JAIL INLET TOTAL $
GRAND TOTAL $
BID REQUEST #B2100126 Page 11
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. #B2100126.
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 wait any informality in the bids, and to accept
the bid that, in the opinion of the Board of County Commissioners, is to the bests interests of Weld County. The
bid(s) may be awarded to more than one vendor.
FIRM BY
(Please print)
BUSINESS
ADDRESS
CITY, STATE, ZIP CODE
TELEPHONE NO
SIGNATURE
DATE
FAX TAX ID #
E-MAIL
**ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID**
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION
NUMBER IS #98-03551-0000.
ATTEST:
Weld County Clerk to the Board
BY:
YOU DO NOT NEED TO SEND BACK PAGES 1 - 8.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Deputy Clerk to the Board Steve Moreno, Chair
APPROVED AS TO SUBSTANCE:
Elected Official or Department Head
Controller
BID REQUEST #B2100126 Page 12
Exhibit B
36 mm
r
at le dSt t c1c di+
cur, .a,nr
N
Figure 406.4
Landings at the Top of Curb Ramps
4. Ramp will he held back from existing retaining wall to south a minimum of three feet.
5. Provide standard sidewalk chase at upper elevation to allow for drainage at downspout.
Jail Inlet Replacement:
Remo\ e existing broken inlet structure and replace with new structure.
2 Maintain vehicle access through drive lanes during construction.
3. Provide pedestrian harriers at sidewalk during construction.
General:
1. Hie projects will be permitted through the Weld County Building Department. Fees for permits will
be waived.
2. Contractor will be responsible for locating all buried utilities prior to excavating.
3. All debris shall be removed daily and legally disposed of offsite.
4. Davis -Bacon and Buy American requirements are NOT required.
5. No hid bond is required for this project.
6. Bids over $50,000 will require a payment (100%) and performance (100%) bond.
7. Anticipated start date will be on or before September 27, 2021.
START DATE
COMPLETION DATE
ADMINISTRATION SIDEWALK TOTAL
JAIL. INLET TOTAL
GRAND TOTAL
cc/ IZ-7)7.021
to.10zl2O2.►
$_10,3(0
$5,7'414`-'
$it't i 9°=
BID REQUEST #B2100126 Page 11
/ sr4iliNs".„'E iwimi+s^+rr —. wnsw +.-. — .r.i-s..... woler-mom
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 #B2100126.
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 formai 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 wait any informality in the bids, and to accept
the bid that in the opinion of the Board of County Commissioners, is to the bests interests of Weld County The
bid(s) may -be awarded to more than one vendor
FIRM
Cunt rite
ADDRESS 2-073 beech i-1ve
BY Fai')�J(� 1gt Ir'lenddcu'IZ
(Please print)
DATE c1 C)
2O 2-1
CITY STATE. ZIP CODE bYf I e\+‘ C_o K(c3 1
TELEPHONE NO C170 _ -2.1 -. 1121 FAX TAX ID # � - 1-1tt
`1 51Eb )
SIGNATURE A �f rf tU Ey,.C�U. V\-(-_N-Clv°6' E-MAIL PAN\ C)3e A0L• CO Pik
(�
'"ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID"
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION
NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 8.
Al tES t BOARD OF COUNTY COMMISSIONERS
Weld County (:lurk to the Board WELD COUNTY, COLORADO
it'(
Deputy Clf_rk to the Board Steve Moreno, Chair
APPROVED AS TO SUBSTANCE
Elected Official or Department Head
Controller
tills Itl rill :iI #82100128
+.as ....— ~rim -um...gr7m unompR . e. .na via* AR'ML•i'�ur- ._.w. »w. �.
Page I
W-9
;'aev Oclobar 201e1
&cave en: al Iro foot,,'
Inroma Revenue Semite
Request for Taxpayer
Identification Number and Certification
► Go to www trs.gov/FormW9 for instructions and the latest information.
Give Form to the
requester. Do not
send to the IRS.
ea
1 Nate (us ,loan es ;on :ncome lax ratwni flame s red., fed u, r' s I -te a . .' ,a ,l1 It a b±'d, tier.
J & F Concrete LLC
2 Suvross name'disregarded ochry name. J ddterant !rem nbo m
3 Chock apprcpnato see for federal tax tasselca -cr ul the per -;,r r,hr „, hernias eraereJ Ca ua I _e -r ;rdp one
fellow,ng sown bolas
Ifl,Jfvld'.,a,. sole prno'.alcr 0r
-ogle member LLB"'
C 1'_.C rF•,R=.1. 'C, :f"n iJ iNlr.er5hi- E
4 ri , _ —:' -r, _ca oes d:Pd
ctettar ,rtttt es rat J.,' 5,55 �2]
,'.3',:pa',a J
F.. ^a atafee
umnei abhty cornpary Emu erd: lax :assiiicah or C -C corperahor 5u5 norporar :,' P=Pa' eersh:, ►
Note: Check the approCnSle boo ,n tho tine abc.a Ict iha lax dassI ceoon at the s:ngln-,reinter .:one, 13c hut her:, ,, cr: ir' "+ : AT A e c. --
LLC it ice LLC ciassih.ed us a single -member LLC mat c d.sregordad from bra owner unless -e ca-,er -f ice L.C. is
another LLC that 4 not Jisragareed from the owner tc' U S roaerel lax purw, pesos Othersa, a s.n.a'o-memter L_ Irp•• .n
:5 d'eregarded from the ownor should check the acpropnaln eae for tha tax class,"r alien al is dater
Other tree nytrUCt,onsi►
5 Address :number strrar and apt or suite no j See -'r structicns
2i 2073 Beech Ave
8 City. state, ono ZIP code
Greeley, CO 80631
7 List account numberfs) hem ;optionsii
floCbe5tei"s -are a c a'1'ass'06to'xa-
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line Ito avoid
backup withholding, For individuals, this is generally your social security number (SSN). However, 'or a
resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later For diner
entities. it is your employer identification number (EINI If you do not have a number, see How to get a
TA,_ater
More it the account is in more than one name, see the instructions for lire 1 Also see 64hat Name and
Number To Give the Requester for guidelines on whose number to enter
LEM Certification
Under penaltes 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 mei, and
2 I am not subject to backup withholding because la) i am exempt from backup withholding, or (b( I have not been notified by the Internal Revenue
Service ORS) trial I am subject to backup withholding as a result of a failure to report all interest or dividends, or Icl the IRS has notified me that I am
no longer subject to backup withholding, and
3. I am a U S citizen or other LI S. person (defined below), and
4 The FATCA coders) entered on this form Of any) indicating that I am exempt horn FATCA reporting is correct
Certification instructions, You must cross out item 2 above ,f you have been net:tied by the IRS that you are currently sublett to backup withholding because
you nave failed to report all interest and dividends on your tax return For real estate transactions, item 2 does not apply For mortgage interest palo,
acquisition or abandonment of secured property, cancellation of dent, contrbutions to an individual retirement arrangement (RA), 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 Pan II, later
Social security number
1
or
( Employer Identification number
i8 -44a7$6 1'
Sign
Here
Signature at ~)
U.S. person ►
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 govfForm W9.
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 (1TIN), 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)
Dote► 09/08/2021
• Form t099 DIV ;dividends. including those from stocks or mutual
funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross
proceeds)
• Form 10998 (stock or mutual fund sales and certain other
transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage interest), 1098-E (student loan interest),
1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only It you area U.S person (Including a resident
alien), to provide your correct TIN
If you do not return Form W-9 to the requester twth a TIN, you might
be sub/act to backup withholding. See What is backup withholding.
later
Cat No 10231X
Form W-9 (Row 10-2ate1
CERTIFICATE OF LIABILITY INSURANCE
American Family Insurance Company 0
American Family Mutual Insurance Company, S.I. if selection box Is not checked.
6000 American Pky Madison, Wisconsin 53783-0001
Agent's Name, Address and Phone Number (Agt./Dist.)
Erick Rodriguez
2028 35TH AVE STE B
GREELEY, CO 80634
(970) 330-8385 (038/309)
This certificate is issued as a matter of Information only and confers no rights upon the Certificate Holder.
This certificate does not amend, extend or alter the coverage afforded by the policies listed below.
Insured's Name and Address
J&F Concrete, LLC
2073 Beech Ave
Greeley, CO 80631
COVERAGES
This is to certify that policies of insurance listed below have been issued to the Insured named above for the policy period indicated, notwithstanding any requirement, tens 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.
TYPE OF INSURANCE
POLICY NUMBERDay,
POLICY DATE
LI LIMITS OF ABILITY
EFFECTIVE EXPIRATION
(Mo, Day, Yr) (Mo, Day, Yr)
Homeowners!
Mobilehomeowners Liability
Bodily Injury and Property Damage
Each Occurrence $ ,000
Boatowners Liability
Bodily Injury and Property Damage
Each Occurrence $ ,000
Personal Umbrella Liability
Bodily Injury and Property Damage
Each Occurrence $ ,000
Farm/Ranch Liability
Farm Liability & Personal Liability
Each Occurrence $ ,000
Farm Employer's Liability
Each Occurrence $ ,000
Workers Compensation and
Employers Liability t
Statutory . .......+.
Each Accident $ ,000
Disease - Each Employee $ ,000
Disease - Policy Limit $ ,000
General Liability
0 Commercial General
Liability (occurrence)
❑
❑
General Aggregate $ ,000
Products -Completed Operations Aggregate $ ,000
Personal and Advertising Injury $ ,000
Each Occurrence $ ,000
Damage to Premises Rented to You $ ,000
Medical Expense (Any One Person) $ ,000
Businessowners Liability
Each Occurrencett $ 000
Aggregatett $ ,000
Liquor Liability
Common Cause Limit $ ,000
Aggregate Limit $ ,000
Automobile Liability
❑ Any Auto
III All Owned Autos
I] Scheduled Autos
❑ Hired Auto
0 Nonowned Autos
0
05-XS4822-01
12/05/2020
12/05/2021
Bodily Injury- Each Person $ 100,000
Bodily Injury - Each Accident $ 300,000
Property Darr�ge $ 100 ,000
Bodily Injury and Property Damage Combined $ ,000
Excess Liability
0 Commercial Blanket Excess
0
Each Occurrence/Aggregate $ ,000
Other (Miscellaneous Coverages)
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / RESTRICTIONS / SPECIAL ITEMS tThe individual or partners 0 Have
shown as insured elected to
be covered under this policy. ❑ Have not
ttProducts-Completed Operations aggregate
is equal to each occurrence limit and is
Included in policy aggregate.
CERTIFICATE HOLDER'S NAME AND ADDRESS
CANCELLATION
WELD COUNTY
0 Should any of the above described policies be cancelled before the expiration date
thereof, the company will endeavor to mail '( days) written notice to the Certificate
Holder named, but failure to mail such notice shall impose no obligation or liability of any kind
upon the company, its agents or representatives. *10 days unless different number of days
shown.
IXl This certifies coverage on the date of issue only. The above described policies are
subject to cancellations conformity with their terms and by the laws of the state of issue.
DATE ISSUED
09/21/2021
AUTHORIZED REPRESENTATIVE
ERICK RODRIGUEZ
U-201 Ed. 5/00
Stock No. 06668 Rev. 7/02
ACCP CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDDIYYYY)
09/17/2021
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(les) 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
American Family Insurance - Business Insurance
PO Box 5316
Binghamton, NY 13902
CONTACT
NAME: American Family Insurance - Business Insurance
PHONE
(NC, No, Eat): 866-908-0626
FAX
(NC, No):
E-MAIL
ADDRESS: serviceroamfambusinessinsurance.com
INSURER(S) AFFORDING COVERAGE
NAIC S
INSURER A: Midvale Indemnity Company
27138
INSURED
J&F CONCRETE
2073 BEECH AVE
GREELEY CO 80631
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER: 229116326918502045210917
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
ADM
INSR
SUBR
WVD
POLICY NUMBER
POLICY EFF
(MWDD/YYYY)(MMIDD/YYYY)
POLICY EXP
LIMITS
A
COMMERCIAL GENERAL LIABILITY
N
N
GLP1042597
04/19/2021
04/19/2022
EACH OCCURRENCE
$500,000
I
CLAIMS -MADE
X
OCCUR
DAMAGE TO RENTED
PREMISES (Ea occurrence)
$100,000
MED EXP (Any one person)
$5,000
PERSONAL & ADV INJURY
$500,000
GEN'L
X
AGGREGATE
POLICY
OTHER:
LIMIT APPLIES
PRO-
JECT
PER:
LOC
GENERAL AGGREGATE
$1,000,000
PRODUCTS - COMP/OP AGG
$1,000,000
AUTOMOBILE
_
LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
_
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY (Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
(Per accident)
UMBRELLA LIAR
EXCESS LIAB
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
AGGREGATE
DED 1 I RETENTION S
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY _
ANY PROPRIETORIPARTNERIEXECU
-TIVE OFFICEPJMEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
YIN
N/A
PER
STATUTE
OTH-
ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA
EMPLOYEE
E.L. DISEASE - POLICY LIMIT
PROFESSIONAL LIABILITY
OCCURRENCE
AGGREGATE
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Paving and Asphalt Contracting
CERTIFICATE HOLDER
CANCELLATION
WELD COUNTY
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
® 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03)
The ACORD name and logo are registered marks of ACORD
AccPRD® CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDDM/YY)
09/2112021
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
Erick Rodriguez
2028 35th Ave Ste B
Greeley, CO 80634
(970) 330-8385
erodrig3@amfam.com
CONTACT
NAME: American Family Insurance - Business Insurance
PHONE
(ac, No, Eat): 866-908-0626
FAX
(NC, No):
E-MAIL
ADDRESS: service@amfambusinessinsurance.com
INSURER(S) AFFORDING COVERAGE
NAIC R
INSURER A: Midvale Indemnity Company
27138
INSURED
JIM Concrete, Llc
2073 Beech Ave
Greeley CO 80631
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER: 206536706931672052470922
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
INSR
SUBR
WVD
POLICY NUMBER
POLICY EFF
MI
(MDD/YVYY)
POLICY EXP
(MMIDD/YYYY)
LIMITS
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
CLAIMS MADE
OCCUR
DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GEN'L
AGGREGATE
POLICY
OTHER:
LIMIT APPLIES
PRO-
JECT
PER:
LOC
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
AUTOMOBILE
LIABILITYCOMBINED
ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
_
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
SINGLE LIMIT
(Ea accident)
BODILY INJURY (Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
(Per accident)
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
AGGREGATE
DED .I I RETENT ON $
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECU
-TINE OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
YIN
Y
N/A
N
WCP1012467
09/25/2020
09/25/2021
X
PER
STATUTE
OTH-
ER
E.L. EACH ACCIDENT
$100,000
E.L. DISEASE - EA
EMPLOYEE
$100,000
E.L. DISEASE - POLICY LIMIT
$500,000
PROFESSIONAL LIABILITY
OCCURRENCE
AGGREGATE
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additions' Remarks Schedule, may be attached if more space is required)
Excluded Interests in the Policy : FANYA ARMENDARIZ-President
CERTIFICATE HOLDER
CANCELLATION
WELD COUNTY
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
® 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03)
The ACORD name and logo are registered marks of ACORD
Contract Form
New Contract Request
Entity Information
Entity Name*
J & F CONCRETE LLC
Entity ID*
gO0044483
❑ New Entity?
Contract Name* Contract ID
ADMINISTRATION BUILDING SIDEWALK & JAIL INLET REPAIR 5254
Contract Status
CTB REVIEW
Contract Description*
NEW SIDEWALK AND INLET REPAIR
Contract Description 2
Contract Type
CONTRACT
Amount*
S16,109.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
BUILDINGS AND GROUNDS
Department Email
CM-
BuildingGroundsC veldgov.c
om
Department Head Email
CM-BuildingGrounds-
DeptHeadweldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTO RN EY'WEL DG
OV.COM
Contract Lead*
SGEESAMAN
Contract Lead Email
sgeesamanco.weld.co.us
Requested BOCC Agenda
Date*
09:27 2021
Parent Contract ID
Requires Board Approval
YES
Department Project #
Due Date
09.'23E 2021
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Contract Dates
Effective Date Review Date* Renewal Date
12 31 2021
Termination Notice Period
Committed Delivery Date
Expiration Date*
12 31 ? 2021
Contact Information
Contact Info
Contact Name
Purchasing
Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
TOBY TAYLOR
DH Approved Date
09'21,2021
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
09,27 2021
Originator
SGEESAMAN
Finance Approver
CHRIS D'OVIDIO
Legal Counsel
BOB CHOATE
Finance Approved Date Legal Counsel Approved Date
09x'22'2021 09,'22?2021
Tyler Ref #
AG092721
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