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Home My WebLink About20211641.tiffCor-acl-11k 5310 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 October 25, 2021 To: Board of County Commissioners From: Toby Taylor Subject: Fleet Services Parking Lot — Change Order #2 (2021-1641) The contract to pave the Fleet Services Parking lot was awarded to All Pro Pavement. The asphalt supplier notified All Prc Pavement, that due to supply chain logistics, they are imposing a $5.00 per ton sur-charge on asphalt deliveries. The projected amount of asphalt for this project was estimated at 2,000 ton. The contractor requested and was awarded a change order in the amount of $10,000.00. the final asphalt tonnage was 1,974.16. This Change order reflects a credit in the amount of $129.20 from the original approved change order. Facilities is recommending approving this change order. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director Conwr-F I I/0$1 ZOZl f5(s ,/,-/ 2021-1(oy / Iei0UZ3 Date: CHANGE ORDER # 2 TO SERVICE AGREEMENT BETWEEN WELD COUNTY AND ALL PRO PAVEMENT SERVICES October 25, 2021 Original Agreement: Weld County document no. 2021-1641 County Department: FACILITIES The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the amended services as described in the attached Exhibit, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor for said amended services in accordance with the Exhibit. 3. The amount of the contract is adjusted as follows: $ 346,450.00 Original Contract Amount $ 10,000.00 Previously Approved Change order(s) Amount $ (129.20) Current Change Order (Credit) Amount $ 356,320.80 New Contract Total All other terms and conditions of the Original Agreement remain unchanged. CONTRACTOR: By: All Pro Pavement Date 10/25/2021 Name: Jared Waterhouse fa4-0 we-A. eus4. Title: Owner ATTEST: Weld BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ott K. James, Pro-Tem NOV o 8 2021 Page 1 of 1 0 00u - /LW/ All Pro Pavement P.O. Box 7901 Loveland, CO 80537 US (970) 232-9242 www.allpropavement.com Estimate ADDRESS Sterling Geesaman, Project Coordinator Weld County Facilities Department Exhibit: Change Order # 2 SHIP TO WASH BAY & WELDING BUILDING PAVING BID NUMBER: B2100103 Change order #2 The Asphalt and Concrete Professionals ESTIMATE # 1557 DATE 10/25/2021 ACTIVITY Change order (Credit) Due to Supply Chain Logistic Issues our asphalt suppliers are imposing a $5.00 per ton increase. The project took 1,974.16 tons of asphalt resulting in a credit to Weld County of $5.00 x 25.84 ton = 129.20. 25.84 QTY AMOUNT -129.20 Exclusions: • Engineering, testing, surveying, staking, bonds, fees, and permits* Excavation, handling, removal, or disposal of any toxic, hazardous, or contaminated materials.• Utility locates• Subgrade preperation: stabilize, sterilize, moisture and compaction Terms and Conditions WHERE APPLICABLE:• Estimates over $15,000 will require 25% deposit to begin work• This is an Estimate, Final Bill will be calculated from actual quantities and work perfomed• Unforseen Asphalt Depth or Subgrade issues requiring remedy may increase actual quantities- Customer will locate, mark, and inform contractor of all underground utilities and any other hazards or obstructions• Cold weather protection is additional• Bonding is additional• Traffic Control is additional - Payment based upon field -measured quantities• Payment net 30 from invoice date• Quotation is valid for 30 days TOTAL Accepted By Accepted Date ($129.20) Contract Form New Contract Request Entity Information Entity Name* ALL PRO PAVEMENT Contract Name* FLEET SERVICES PARKING LOT (2021-1641 Contract Status CTB REVIEW Contract Description * CHANGE ORDER #2 Contract Description 2 Contract Type* CHANGE ORDER Amount * ($129.20) Renewable NO Automatic Renewal Grant IGA Entity ID* `^00042831 Department BUILDINGS AND GROUNDS Department Email CM- BuildingGrounds @weldgov.c om Department Head Email CM-BuildingGrounds- DeptHeadeldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYA I I ORNEY$WELDG OV.COM ❑ New Entity? Contract ID 5370 Contract Lead SGEESAMAN Contract Lead Email sgeesamanrPco.weld.co. us Requested BOCC Agenda Date* 11;08/2021 Parent Contract ID Requires Board Approval YES Department Project # Due Date 11/04/2021 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* B2100103 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 11,22:2021 Termination Notice Period Expiration Date* 12'27:2021 Contact Information Contact Info Contact Name Contact Type Purchasing Purchasing Approver ROB TURF Approval Process Department Head TOBY TAYLOR OH Approved Date 10,=26;2021 'final Approval BOCC Approved ROCC Signed Date WCC Agenda Date 11108/2021 Originator SGEESAMAN Finance Approver CHRIS D'OV1D1O Finance Approved Date 10/26/2021 Contact Phone 1 Contact Phone 2 ing ��.�,-r Date )21 Tyler Ref l AG 110821 Legal Counsel BOB CHOATE Legal Counsel 10;'26, 2021 /74frao9 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 August 18, 2021 To: Board of County Commissioners From: Toby Taylor Subject: Fleet Services Parking Lot — Change Order #1 (2021-1641) The contract to pave the Fleet Services Parking lot was awarded to All Pro Pavement. The asphalt supplier notified All Pro Pavement, that due to supply chain logistics, they are imposing a $5.00 per ton sur-charge on asphalt deliveries. The projected amount of asphalt for this project is between 1,700 - 2,000 ton. The contractor has requested a change order not to exceed $10,000.00. Facilities is recommending approving this change order. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director oZO / /i1I CHANGE ORDER # 1 TO SERVICE AGREEMENT BETWEEN WELD COUNTY AND ALL PRO PAVEMENT SERVICES Date: August 18, 2021 Original Agreement: Weld County document no. 2021-1641 County Department: FACILITIES The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the amended services as described in the attached Exhibit, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor for said amended services in accordance with the Exhibit. 3. The amount of the contract is adjusted as follows: $ 346,450.00 Original Contract Amount $ 0.00 Previously Approved Change order(s) Amount $ 10,000.00 Current Change Order "Not to Exceed" Amount $ 356,450.00 New Contract Total All other terms and conditions of the Original Agreement remain unchanged. CONTRACTOR: By: ez4.2di Date 8/18/2021 Name: Jared Waterhouse Title: Owner ATTEST:"-- AA) , , Weld County Clerk to the Deputy Clerk to the B BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO eve Moreno, Chair SEP 0 8 2021 Page 1 of 1 Exhibit: Change Order # 1 All Pro Pavement P.O. Box 7901 Loveland, CO 80537 US (970) 232-9242 www.allpropavement.com Estimate ADDRESS Sterling Geesaman, Project Coordinator Weld County Facilities Department SHIP TO WASH BAY & WELDING BUILDING PAVING BID NUMBER: B2100103 Change order #1 The Asphalt and Concrete Professionals ESTIMATE # 1528 DATE 08/16/2021 ACTIVITY Change order due to Supply Chain Logistic Issues our asphalt suppliers are imposing a $5.00 per ton increase. the project will be billed at a per ton price and tickets at the end of the project will be used the verify quantities. this project is projected to use 2,000 ton and the billing will not exceed 10,000.00 QTY AMOUNT 1 5.00 Exclusions: • Engineering, testing, surveying, staking, bonds, fees, and permits. Excavation, handling, removal, or disposal of any toxic, hazardous, or contaminated materials.• Utility locates• Subgrade preperation: stabilize, sterilize, moisture and compaction Terms and Conditions WHERE APPLICABLE:• Estimates over $15,000 will require 25% deposit to begin work• This is an Estimate, Final Bill will be calculated from actual quantities and work perfomed• Unforseen Asphalt Depth or Subgrade issues requiring remedy may increase actual quantities. Customer will locate, mark, and inform contractor of all underground utilities and any other hazards or obstructions. Cold weather protection is additional• Bonding is additional* Traffic Control is additional - Payment based upon field -measured quantities. Payment net 30 from invoice date- Quotation is valid for 30 days TOTAL Accepted By Accepted Date $5.00 Contract Form New Contract Request Entity Information Entity Name* ALL PRO PAVEMENT Contract Name* FLEET SERVICES PARKING LOT 2021-1641 Contract Status CT6 REVIEW Entity ID* a00042831 ❑ New Entity? Contract ID 5209 Contract Lead* SGEESAMAN Contract Lead Email sgeesamanco.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description * CHANGE ORDER # 1 SUPPLY CHAIN LOGISTICS 55.00 PER TON SUR-CHARGE ON ASPHALT. THIS IS A NOT TO EXCEED 310, 000.00 CHANGE ORDER Contract Description 2 Contract Type* CHANGE ORDER Amount* $10,000.00 Renewable* NO Automatic Renewal Grant IGA Department BUILDINGS AND GROUNDS Department Email CM- Bui'IdingGrounds,Wweldgov.c on' Department Head Email CM-BuildingGrounds- DeptHeadeldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYA I I ©RNEY:gWELDG OV.COM Requested BOCC Agenda Date* 0825 2021 Due Date 08 21 2021 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP RFP # 62100103 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* 10 18 2021 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Committed Delivery Date Contact Type Contact Email Expiration Date* 10/1812021 Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date ROB TURF 09: 01 r 2021 Approval Process Department Head TOBY TAYLOR DH Approved Date 08;19?2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 09082021 Originator SGEESAMAN Finance Approver CHRIS D'OVIDIO Legal Counsel BOB CHOATE Finance Approved Date Legal Counsel Approved Date 08,120:2021 08;`20'2021 Tyler Ref # AG090821 eria-to,e AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & ALL PRO PAVEMENT WASH BAY & WELDING BUILDING PAVING PROJECT THIS AGREEMENT is made and entered into this/ of , 2021, by and between the Board of Weld County Commissioners, on behalf of th De ment of Public Works, hereinafter referred to as "County," and All Pro Pavement, hereina er 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. B2100103". 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. &07 -a -e -a- 071- ) ao -- /1,./ 8--6O.23 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 $346,450.00, 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: Position: Address: Address: E-mail: Phone: County: Name: Position: Address: Address: E-mail: Phone: Jared Waterhouse Owner 1425 Brantner RD Evans CO, 80620 j ared@allpropavement.com 970-232-9242 Toby Taylor Director- Facilities 1105 11 Street Greeley CO, 80632 ttaylor@weldgov.com 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: ALL PRO PAVEMENT By: a4,2 -6Z U-uaz 7/7/2021 Date of Signature Name: Jared Waterhouse Title: Owner WELD COUNTY: ATTEST: Weld County Clerk to the Board Deputy Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair JUL 14 2021 °toot! - 4/! Exhibit A REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: MAY 24, 2021 BID NUM: ER: B2100103 DESCRIPTION: WASH B- Y & WELDING UILDING PAVING DEPATM ":NT: FACILITIES MANDATORY PREBID MEETING: MAY 27, 2021 BID OPENING: JUNE 7, 2021 1. NOTICE TO BIDDERS: Eil r. '. •.. • ."""...—...Oar-.n..a. :.k.. } . X,C •. wWOMOT INA19244,•4N94eAsXsokivitnv_ 'tiAy O m ckte 1 The Board of County Commissioners of Weld County, Colrado, by and through its Controller/Purchasing Director (co.lectively referred to herein as, "Weld County"), wishes to purchase the following: WASH BAY & WELDING BUILD NG P VINE A mandato -€ -bi:d conference will be held or Rifil 27, 2021 at 9:00 AM at 1105 H Street, Greeley, C - 80631. Vendors must participate and record their presence at the pre -bid conference to be allow- d to submit proposals. We vsoll be,` d eir 6nig to current slate soc od dfistancfinc, gUderQneso �r ids will be received for the above stated equipment up to, but not inter than: June 7! 2021 at 11.00 AM 'field Due �� , " ape County Purohasin Time Clock). to C'� ��7`D��`D ors o��►�� of an o�u��r��s�� oo�� o,;� � f o s bi-7� D D Cc_ a read over a �U� cr {> _ � � U t1 � � read t over v ,tom :�. ,-, aY ni ©inference CaN nn June 0 1 phone number and enter the Cora¢( ® e D D pr o vlid d ell ©Ur. Phone Number: (720) 439-5261 Confevenc S 110: 29689163 hx j the subvri`o'fted m to /Joh-115 caDD the 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 'I_ - 8 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8, 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidderwill expect the Weld County to pay if awarded the bid. You can find inform tion concerning this request on the BidNet Direct website at http s://� � .bidnetdirect.co m.f 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. BttQIivery to Wek0. o nty: 1. Due to COVID-19, one electronic copy of the bid is required. Email bids to Iflv.conn. If your bid exceeds 25 MB please upload it to h is://www bii n t rept.cp + Only upload dour bid to BidNet if exceeds 2.5 MB. The maximum file size to upload to BidNet is 500 MB. 2. PDF format is required. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your pro *sal. Please ea I Purchasing at 970-4004222 or 4223 with any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address 1 bidder and be signed by him with his usual signature=. ::ids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one if 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, fVowed by the name of thtt state of the incorporation and by the signature and title of the president, secretary, or ether prson authorized to bind it in the matter. The name •f 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 request -:d by the Weld County Controller/Purchasing Director/Purchasing Director, satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power if 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 biddr1rs 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 thin bid firms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Pro sal 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 th-J bidder to ensure that the bid arrives in the Weld County Purchasing partment on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." ; ids received prior to the time of opening will be kept unopened in a secure ace. No responsibility will attach to the Weld County Controller/Purchasing Director/Purchasing Director for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written rquest t•- and approval of the Wt id County Controller/Purchasing Director/Purchasing Director; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing th bid contes 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. S In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference t• - resident Weld County bidders in all cases where said bids are competitive in price and quality_ It is also understood that Wood County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-119 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithograph g 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 if 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 nd scspe of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissi,•-ners, together constitutes a contract, with the contract date being the date of signature by the Chair of the loard of County Commissioners. . SUCCESSFUL BIDDER HIRING P CTICES = ILLEGAL ALIENS Successful bidder certifies, warrants, =nd 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 wh arc newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work BID REQUEST #82100103 Page 2 u nder this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to 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 , fr 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 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 G.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 advise :d that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA, and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. BID REQUEST #B2100103 Page 3 C. Gtvernmental Immunity: No term or condition of the contract shall be cnstrud or interpreted as a waiver, express or implied, if any of the immunities, rights, benefits, protections or other provisins, of the Colorado Governmental Immunity Act §24 -1O -1O1 et Seq., as applicable now or hereafter amended. D. ndependent Coy tractor: The successful bidder shall perform its duties hereunder as an independent contract.r 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 no: entitle° 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 en ployees. 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 applicabe employment taxes and income taxes and loci. / 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 t• workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployme'mt compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Copance 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, snail 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 -P rty Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms a nd conditions of the contract, and all rights of action relating to such enforcement, shy II be strictly reserved to the undersigned parties and nothing in the contract shall give or all•w any claim or right of action whatsoever by any other person ntt included in the contract. it is the express intention of the undersigned parties that :any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. %madvantaged Business Enterprises: Weld County assures that cisadvantaged business enterprises will be rded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of rce, color, national origin, six, age, or disability in consideration for an award. J. Procurement and Pe ormance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the pr ject 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. r 1-.::.4�...... BID REQUEST #B2100103 Page 4 M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreem�-ant in reliance upon the particular reputation and expertise of the successful bidder. The succf-ssfu[ bid,•Ier 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 w rk 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 specific rtions 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 thr 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 contro , including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. YMNiintti .fbv.Nn.'iu�o.mvlais�ii} ��vOti BID REQUEST #82100103 Page 5 R. Non -Exclusive Acorerent: This Agreement is nonexclusive and contractors or persons to perform services of the same or similar nature. aunty may engage or use other S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24180201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conf hot 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 membiat of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforce, 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 f County Coe missaoners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorad•. 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 n greater than the amount of th .accepted bid. The successful bidder acknowledges n.•; payment in excess of that amount will b:- made by County unless a "change order" authorizing such dditional 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 net withhold any taxes from monies paid to the successful biddy r her under and the successful bidder agrees t. be solely responsible t.r the accurate reporting and payment of any taxes related tr, payments m =,de pursuant to the terms of this Agreement. Contractor shall not be entitled to bill atovertime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIRE vENTS General Requirements: Successful bidders must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operatins, 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 peri:•d. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as L6A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above - described policies oy canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing Director/Purchasing Director by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deduct' le or self -insured retention, County must be notified by the Successful bidder. Successful bidder shall toe responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder to provide a bond, at no cost to County, in the am Lint of the deductible or self -insured retention t. guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do I • BID REQUEST #B2100103 Page 6 got decrease or limit the liability of successful bidder. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of L ny 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. —he successful bidder shall maintain, at its o qvn expense, ny additional kinds or amounts of insurance that it may d -em necessary to cover its obligations &nd liabilities under this Agreement. Any modification to these requirements must bk=. made in we iting by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the profession./ quality, technical accuracy, and quantity of all materials and seirvices 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 employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character ;rising o st of the work done in fulfillment of the terms .f this Co ntract or on account of any act, claim .r amount arising o r recovered under workers' compensation Iw 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 fu ly responsible and liable for any and all injuries or damage received or sustained .y 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 provosins of the materials required herein, or from any claims or amounts arising or recovered under the \Ai rker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration .3f the award of this contract, the successful bidder agrees to waive all rights of subrogation a: ainst the C}unty its associated and/or affiliated entiti`s, 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. des of Insur< nce: The successfel 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 lnsurancee covering all of the successful bidder's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. C reircial General Liability insurance for body injury, property damage, and liability assumed under an insured contract, anc defense costs, with the minimum limits must be as follows: $1,000 000 each occurrence; 2,000 000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Successful bidder shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, 'or 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 BID REQUEST #B2100103 Page 7 herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the Request for Bid. Proof of l nsurance: 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 Su roq t o : 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 #B2100103 Page 8 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: WASH BAY & WELDING BUILDING PAVING V G This project is for the paving of a portion of the parking lot around the newly constructed Wash Bay and Welding Building. Overview: Weld County is constructing a new Wash Bay and Welding Building at 1399 North 17th Avenue, Greeley, CO 80631. The area surrounding building needs to be paved with asphalt. Stine of work: This project will consist of contractor performing work identified in the attached drawing. In addition, work shall include: 1. Comply with requirements in the attached drawing. 2. Contractor to include any potholing for existing utilities as necessary before cement treating subgrade. 3. Cement treat entire area subgrade at 4% to a depth of 12". 4. Provide and install asphalt paving. Paving should be a total depth of 4" placed in two lifts of 2" each. 5. Provide concrete collars around all utilities at the surface of the paving. 6. Remove and properly dispose of all trash generated by construction activities off site. 7. Contractor will be responsible for all material quantities. Limits of work are shown on site layout. 8. Weld County will waive any fees required by the County for this project. Any other permits, (grading, right of way, etc.) needed for this project will be obtained and paid for by the contractor. 9. No bid bond is required for this project. 10. Davis -Bacon and Buy American requirements are NOT required. l 1. '` ids over $50,000 will require a payment (100%) and performance (100%) bond. 12. Based on a contract being ready on June 28, 2021, provide the completion date for this project. Schedule: Date of this Bid Date Advertised on BidNet Pre -Bid Conference Proposals Are Due Contract Award Notice Construction Start Completion Fe s: BID REQUEST #B2100103 May 24, 2021 May 24, 2021 May 27, 2021 June 7, 2021 June 23, 2021 July 7, 2021 July 27, 2021 TTAL PRICE COMPLETION DA'I`E Page 9 The and - rsigne, . by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions sit forth in the request for proposal for Request No. #B2100103. 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 waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. J ARM BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO PRINTED NAME AND TITLE _ SIGNATURE E-MAIL DATE FAX TAX ID # **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CE ZTIFICATE F EXE NUMBER RS #95-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 — ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO • a Deputy Clerk to the Board Steve Moreno, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director P T I BID REQUEST #B2100103 Page 10 ADD Y,: z, UM#1 BID tS UE ST NO3 B2100103 WASH V & WELDING BUIL ING PAVING On page 9 make the following changes: A. }date items 3 & 4. and instaYpi B. Add the following: trReii6ing sh it44-be a tot depth ic lifts of 2" eiteit. 13. Third party materials testing will be completed by Pao The County has a contract with PSI for testing. Any fees associated with this third -party testing will be the County's responsibility. 14. Contractor must develop a stormwater management program (SWMP) that meets EPA and State of Colorado requirements. Contractor will be the operator for such permits and will be responsible for any Violations / fines for non-compliance with the regulatory requirements. Contractor must complete all on- line forms. The bid due date will be extended to June 14, 2021. Therefore, the following will need to be amended: A. On page 1, amend the following: Bids will be received for the above stated equipment up to, but not later than: June 14, 2021 at 11:00 AM (Weld County Purchasing Time Clock). Due to M'D©°f 9 kistead of an "in -person" bid peeing, the s brifitte d bids MI be read over a Microsoft Teams Conference CalJ on Juno 4� 2O2 it , :3= : .. T o aat. 4... tea.. -:.,. 7� �,a.x join, ca11 the phone number and enter the Conference ID provkied below: Phone Number: (7 20) 43945261 Conference PO: 29689163 On page 9, amend the following: Schedule: Date of this Bid Date Advertised on BidNet Pre -Bid Conference Proposals Are Due Contract Award Notice Construction Start Completion June 2, 2021 May 24, 2021 May 24, 2021 May 27, 2021 June 14, 2021 June 30, 2021 July 14, 2021 Aug 3, 2021 1 ADDENDUM#1 BID REQUEST NO. B2100103 WASH BAY & WELDING BUILDING PAVING ***We need signed copy submitted with your bid. Thank you!*** Addendum received by: FIRM ADDRESS CITY AND STATE BY EMAIL June 2, 2021 so,0)mn tied bids via be read over a dflcroso t Teams A D .E D U 2 UEST N4 -g :,:2100103 WASH AY it EI4 ING: UI ING PAVING n pae1,q amend the fotiowni o: Bids will be received for the above stated equipment up to, but not later than: June 21 2021 at 11:00 AM Weld County l urcha in Time Clocko Due to CI p a ,.�� "In -person" , 1� �9 instead �anbid non 9 the 2021 ata,1 t.30 AM. To nference CaDi on June joins call the phne number and enter the Conference D provided b o o Phone Number: (720) 439-5261 Conference ID: 29689163 Qn pgg�9_gjJcej the Wowing cha (Yes., a these items: 13. Third party materials testing will be completed by PSI. The County has a contract with PSI for testing. Any fees associated with this third -party testing will be the County's responsibility. 14. Contractor must develop a stormwater management program (SWMP) that meets EPA and State of Colorado requirements. Contractor will be the operator for such permits and will be responsible for any violations / fines for non-compliance with the regulatory requirements. Contractor must complete all on- line forms. 15. Pavement design shall coincide with Addendum to Geotechnical Engineering Report dated June 8, 2021. 16. Updated plan (C3R — 6-8-2021) has been posted which shows items the general contractor that is currently constructing the Wash Bay Welding building is responsible for versus what the paving contractor for this bid is responsible for. t s age 9t. amend. the following Schedillpi Schedule: Date of this Bid Date Advertised on BidNet Pre -Bid Conference Proposals Are Due Contract Award Notice Construction Start Completion May 24, 2021 May 24, 2021 May 27, 2021 June 21, 2021 July 7, 2021 July 28, 2021 Aug 26, 2021. ***We need signed co v submitted with your bid. Thank vou,!** Addendum received by: June 9, 2021 FIRM ADDRESS CITY AND STATE BY EMAIL Wash B ° & We din ` mil on Pavi Quest.ns Answers 82100103 Posted June 2, 2021 1. Can you clarify what the paving section will be? Scope of work calls for cement treated subgrade while plans call for a base and asphalt section per pavement design. Answer: An addendum has been added to address this. 2. Will the contractor have access to the entire site? Answer: Contractor will have access only to the shaded portions where the work is to be done. This will allow the vehicle repairs at the building to be used while the paving work us being done. The wash bay building itself will not be operational during the paving. The general contractor is scheduled to be completed with all exterior work prior to the paving project stay ping„ 3. What class of RCP do you want? Answer: Class 9 for elliptical and Class 3 for row 4, The existing culverts which are to remain do not appear to have much cover. This could present a problem for a 12" treated subgrade or base and asphalt section. How will these be addressed? Answer: in this area only, remove existing base to culvert and then pave over top. Resume paving per plans for remainder of area. 5. Will the area around the new building be graded to subgrade elevation for the pavement? Answer: The general contractor for the building construction will provide the site in a general condition for subgrade development. However, the responding bidders for this project will be required to estabish the correct elevations for pavement. 65 You are requiring concrete collars around all utilities. Can you provide a plan indicating these? Or a count of manhole, valves etc. Answer: The site is largely unencumbered with utilities that wilB require the concrete co are present and needing this aspect would be i enn ified with the 811 locates. 7, How thick b existing asphalt we tie into? Answer: Unknown. Bidders are welcome to veri-h_ 8. There are items that are "lined through" on the plans. Are these required? Bars. Any that Answer: Those items are shown for reference. The general contractor construction the building will perform. These items will be in place prior to the paving project. Page 1of1 Exhibit B SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: WASH BAY & WELDING BUILDING PAVING This project is for the paving of a portion of the parking lot around the newly constructed Wash Bay and Welding Building. Overview: Weld County is constructing a new Wash Bay and Welding Building at 1 399 North 17th Avenue, Greeley, CO 80631. The area surrounding building needs to be paved with asphalt. Scone of work: This project will consist of contractor performing work identified in the attached drawing. in addition, work shall include: I . Comply with requirements in the attached drawing. 2. Contractor to include any potholing for existing utilities as necessary before cement treating subgrade. 3. Cement treat entire area subgrade at 4% to a depth of 12". 4. Provide and install asphalt paving. Paving should be a total depth of 4" placed in two lifts of 2" each. 5. Provide concrete collars around all utilities at the surface of the paving. 6. Remove and properly dispose of all trash generated by construction activities off site. 7. Contractor will be responsible for all material quantities. Limits of work are shown on site layout. 8. Weld County will waive any fees required by the County for this project. Any other permits, (grading, right of way, etc.) needed for this project will be obtained and paid for by the contractor: 9. No bid bond is required for this project. 10. Davis -Bacon and Buy American requirements are NOT required. 11. Bids over $50,000 will require a payment (100%) and performance (100%) bond. 12. Based on a contract being ready on June 28, 2021, provide the completion date for this project. Schedule; Date of this Bid May 24, 2021 Date Advertised on BidNet May 24, 2021 Pre -Bid Conference May 27, 2021 Proposals Are Due June 7, 2021 Contract Award Notice June 23, 2021 Construction Start July 7, 2021 Completion July 27, 2021 TOTAL PRICE $ 346,450.00 COMPLETION DATE by Aug 26th 2021 BID REQUEST #till4Tti 3 Page 9 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No #82.101,01 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 theFformal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, In the opinion of the Board of County Commissioners, is to the pest interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM All Pro Pavement BUSINESS ADDRESS 1425 Brantner RD CITY, STATE, ZIP CODE Evanes CO 80620 TELEPHONE NO 970-2329242 FAX PRINTED NAME AND TITLE Jared Waterhouse Owner TAX ID # 26-0456736 SIGNATURE ali ad Auz2tlAloao.¢. E-MAIL fared at allpropavement.corn DATE 6/20/2021 t, r 'THE :s03w++r►ssioi�� TtiEilo WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. *Ott NE TO S#146CK ;t;,; ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Steve Moreno, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director BID REQUEST # Page 10 ADDENDUM#1 BID REQUEST NO. B2100103 WASH BAY & WELDING BUILDING PAVING On page 9 make the following changes: A. Delete items 3 & 4. 15 11 B. Add the following: 13. Third party materials testing will be completed by PSI. The County has a contract with PSI for testing. Any fees associated with this third -party testing will be the County's. responsibility. 14. Contractor must develop a stormwater management program (SWMP) that meets EPA and State of Colorado requirements. Contractor will be the operator for such permits and will be responsible for any violations i fines for non-compliance with the regulatory requirements. Contractor must.complete all on- line forms. The due date will be extended to June 14, 2021. Therefore, the following will need to be amended: A. On page 1, amend the following: Bids will be received for the above stated equipment up to, but not later than: Jun 14, .2021 ett1 A ti {Xky Due to COV1D-19, instead of an "In -person" bid Opening, the submitted bids will be read over a Microsoft Teams Conference Call on .June 14, 2021 at.11,30 AM. To join, call the phone number and enter the Conference ID provided below: Phone Number: (720) 439-5261 Conference ID: 29689163 B. On page 9, amend the following: Schedule: Date of this Bid Date Advertised on BidNet Pre -Bid Conference Proposals Are Due Contract Award Notice Construction Start Completion June 2, 2021 May 24, 2021 May 24, 2021 May 27, 2021 June 14, 2021 June 30, 2021 July 14, 2021 Aug 3, 2021 ADDENDUM#1 BID REQUEST NO. B2100103 WASH BAY & WELDING BUILDING PAVING ***We need signed copy submitted with your bid. Thank you!*** Addendum received by: June 2, 2021 All Pro Pavement FIRM 1425 Brantner RD ADDRESS Evans CO 80620, CITY AND STATE Jared waterhouse 13Y jared@allpropavement.com EMAIL ADDENDUM#2 BID REQUEST NO. B2•1O0103 WASH BAY & WELDING BUILDING PAVING On page I, amend the following: Bids will be received for the above stated equipment up to, but not later than: Julie. 21. 2021t t& I. Due to COVID-19, instead of an "in -person" bid opening, the submitted bids will be read over a Microsoft Teams Conference Call on June 21, 2021 at 11:30 AM. To Join, call the phone number and enter the Conference ID provided below: Phone Number: (720) 439-5261 Conference ID: 29689163 Ph page 9 make the following changes, add these items: 13. Third party materials testing will be completed by PSI. The County has a contract with PSI for testing. Any fees associated with this third -party testing will be the County's responsibility. 14. Contractor must develop a stormwater management program (SWMP) that meets EPA and State of Colorado requirements. Contractor will be the operator for such permits and will be responsible for any violations / fines for non-compliance with the regulatory requirements. Contractor mustcomplete all on- line forms. 15. Pavement design shall coincide with Addendum to Geotechnical Engineering Report dated June 8, 2021. 16. Updated plan (C3R — 6-8-2021) has been posted which shows items the general contractor that is currently constructing the Wash Bay Welding building is responsible for versus what the paving contractor for this bid is responsible for. On page 9, amend the following Schedule: Schedule: Date of this Bid Date Advertised on BidNet Pre -Bid Conference Proposals Are Due Contract Award Notice Construction Start Completion May 24, 2021 May 24, 2021 May 27, 2021 June 21, 2021 July 7, 2021 July 28, 2021 Aug 26, 2021 ***We need signed copy submitted with your bid. Thank vou!*** Addendum received by: June 9, 2021 All Pro Pavement FIRM 1425 Brantner RD ADDRESS Evans CO 80620 CITY AND STATE Jared Waterhouse BY jared@allpropavement.com EMAIL „„,„, W4 (Roca:MOW' rliparOwne Mew Talmo f i:, , *shownW1 your won* ties a 7 Request for Taxpayer Identification Number and Certification $.40 to onrw rogovlOromt tti for hanniatiortt end the latest lefonnalon. areas b requwa at Ins vow du not . aria Snubbed. � from tlf tide 1L Pre tux for f.4atal for clwallkm1on of en pemnn *halo norm I,n Rabe bnxat t. 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I witty Met: 1, The number shown on fhb furs is my eorruct Warier Idotfic *Oon number *lido mutiny for number to be leeeted to mot and 2- f ern noteublqot to backup Militating bemuse: (I) i am exempt from bscktfp withholding, or b) I hove not been notated by tee tnbrn l moron; Service OMR Oral I am tetC lot to blidcup wtbtpldinp sea ma n of a hiker to report as Inlrete4 Of reddens, or (c) the IRS has notated me than I am no longer wheat to backup %we audits; end 3; I am a U.S. Wtiznn or other 115, [arson (defined bektw); And 4. The MICA codes) entered on tot farm b1ergr) Indicating that i run exempt from FATCA reporting is oared CrrVOaseen inetweelows. You must cross out i am ; above II you Was been malice by the Rt5 chat you as ummdy mega to ceases withholding because you have failed to report se interest and dividends on your tax :shin For reel estate koraw I ors, item 2 Ares not apply. Farmstead, yttwa+t 1l*I. acqu altion or ebsetcnment of sec wed property. cntatiation of debt. ccntrbutons •o en edemas retirement arrengement IR and venwaty, payments ~thin Ireeraat and dletionds, you are not renteed to Won the co tilerdk)n. but you stoat pre le your correct Tt?L See the instructions for Pal d, Sew. Siamese. of .r Here ua,;annul,, General insns 9ectk a references we to thu Internal Revenue Carle Inine elhu wr t noted. Future dinntIopmonbr. For the what IMortnadat about devetoprrwrxs related to Form W 9 end eta in5tn bone, such Pte Iegiestton masted Whir they wee published, go to www.fraeguv/FonnW9. Purpose of Form An Andivickei Cr erdity (Faint W+0 ruyuester) Who la required to he on Informs&tn retail with lib IRS must obtain your Correa taxpayer ldindt ealfon number (11N) may be yow wore/ sectadty nurrteer tesp yer Icianthicothin number (ft1lu) adnpdnn taxpayer identification number (ATTN. or employer k;lemiWcaucm null or to report on an information Mum the amount Raid to you, or tither erltnuid relatable ononinformation often,. Esampiae of Information returns Woke* but are not hilted to. the f0Iowing. •-Form 1gen-1N1' ° means! earned Or Pahl) DeA0 r /i . Farm 10119-plV (dividends, including Parse fr;fm stocks c t ;tactual fondle) • Form 1080.Mirie, (.rarkera typos of lucerne, I5 ZCt. twaraa, pr over prucaegs) • Farm tOP9.1(stook or mutual fund so*: anal c, rtrtlr Other traresarctiolw by broken) • Foam 10049- S (proceeds from real eatato kutaaclkprnc) e Fcwrn 1;199-K (nrerchant t srd and Iliad port+ network trailracfior�;) ▪ Form 1(106 (home mortgage Inlaree . 1O96 -F.. (student Item Who'd), Tar&T (tuition) • Form 1 Oct) -c torriceled dotal) r Fotm 1000.4 (acquisition or abandonment of secured propery Use Form W •0 only tf you are a U.S oomon f Inrwtting a resident aeon). to provide you cornett tt +� you c10 nor lotion Fear W-0 ro ate teamster min a TIN; You rtNghl Le eutyeci to beckrgo ofih notding. See What in backup withholding, cater. Cat tie. 1,12Jik Fern W-9;rev. 1n-irgtn) A� o® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYW) 7/8/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Ewing -Leavitt Insurance Agency, Inc. 4090 Clydesdale Parkway Suite 101 Loveland CO 80538 CONTACT Katie Klimek NAME: (pa co No.E>d): (970) 679-7333 I jaC,NO): (866)456-4265 ADDRESS:katie-klimek@leavitt.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:EMC 21415 INSURED Waterhouse Inc., DBA: All Pro Pavement Services; WH Inves PO Box 7901 Loveland CO 80537 INSURER B:Pinnacol Assurance 41190 INSURERC: INSURERD: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:21-22 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRMD TYPE OF INSURANCE ADDL SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MM/DDIYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY X Y 6x02102-22 4/1/2021 4/1/2022 EACH OCCURRENCE $ 1,000,000 PREMISESO(Ea occurrence) $ 50,000 I CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 10,000 X Blkt Additional Insured PERSONAL 8 ADV INJURY $ 1,000,000 X Blkt Waiver of Subrogation GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE X LIMIT APPLIES JECT PER: LOC PRODUCTS-COMP/OPAGG $ 2,000,000 $ A AUTOMOBILE X X X LIABILITY ANY AUTO ALL OWNED X X SCHEDULED NUTOS ON -OWNED NON-OWNEDAUTOS Blkt Waiv of Sub x y 6x02102-22 4/1/2021 4/1/2022 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLALIAB EXCESS LIAR X OCCUR CLAIMS -MADE X Y 6x02102-22 4/1/2021 4/1/2022 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 $ DED I I RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y I N N /A y incl Blanket Waiver of Subrogation 4163174 4/1/2021 4/1/2022 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Leased & Rented Equipment 6X02102-22 4/1/2021 4/1/2022 Limit $250,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: 1399 N 17th Ave, Wash Bay Paving. Weld County, Colorado, its elected officials and its employees are named as additional insured as respects General Liability, Auto Liability and Umbrella Liability. A waiver of subrogation applies in favor of Weld County on all policies. CERTIFICATE HOLDER CANCELLATION ttaylor@weldgov.com Weld County 1105 H Street Greeley, CO 80632 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 Katie Klimek/KAKLIM W ACORD 25 (2014/01) INS025 (201401) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ALL PRO PAVEMENT New Contract Request Entity ID* @00042831 1 399 N. 17TH AVE-WASH BAY & WELDING BUILDING PAVING Contract Status CTB REVIEW ❑ New Entity? Contract ID 5014 Contract Lead* SGEESAMAN Contract Lead Email sgeesaman@co.weld.co.us Contract Description • PAVE SELECTED AREAS AROUND NEW WASH BAY & WELDING BUILDING. Contract Description 2 tract T CONTRACT Amount* $346,450.00 Ie * NO Automatic Renewal Department Requested BOCC Agenda BUILDINGS AND GROUNDS Date* 07,19/2021 nt Email CM- BuildingGrounds@weldgov.c om Department Head Email CM-BuildingGrounds- DeptHead,:AveIdgov.com County Attorney GENERAL COUNTY A I I ORNEY EMAIL County Attorney Email CM- COUNTYA I I ORNEY@WELDG OV.COM Parent Contract ID Requires d YES Due Date 07 15+2021 Will a work session with BOCC be required? NO Does Contract require Purchasing Dept. to be included? YES Bid /RFP # 82100103 If this is a renewal enter previous Contract ID if this is off a e Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base C, ntl Effective flatP Review Date* 10`04;2021 Renewal Date Termination Notice Period Committed Delivery Date Expiration Date' 10;29;2021 Contact Information Contact Info Contact Name Purchasing Purchasing ROB TURF Approval Pry Department Head TOBY TAYLOR DH Approved Date 07r`08/2021 Aare a BOCC Approved BOCC Signed Date BOCC Agenda Date 07%14+2021 Originator SCEESAMAN Contact Type finance Approver CHRIS D'OVlDIO Contact Phone i Purchasing Approved Date 07/12/2021 Finance Approved Date 07e092021 Tyler Ref AG 071421 Legal Counsel BOB CHOATE Contact Phone 2 Legal Counsel Approved Date 07109='2021 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 June 21, 2021 To: Board of County Commissioners From: Toby Taylor Subject: 1399 N. 17th Ave —Wash bay & Welding Building Paving; B2100103 As advertised this bid is for paving a portion of the parking lot around the newly constructed Wash Bay and Welding Building. The low bid is from All Pro Pavement and meets specifications. Therefore, the Facilities Department is recommending the award to All Pro Pavement in the amount of $346,450.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 7/7 do -/-/1 "/ ooa,3 WELD COUNTY PURCHASING 1150 O Street, Room #107, Greeley, CO 80631 E -Mail: cmpeters(a�weldgov.com E-mail: reverett@weldgov.com E-mail: rturf(u�weldgov.com Phone: (970) 400-4223, 4222 or 4216 DATE OF BID: JUNE 21, 2021 REQUEST FOR: WASH BAY & WELDING BUILDING PAVING DEPARTMENT: FACILITIES BID NO: B2100103 PRESENT DATE: JUNE 23, 2021 APPROVAL DATE: JULY 7, 2021 VENDOR ALL PRO PAVEMENT 1425 BRANTNER RD EVANS, CO 80620 CONNELL RESOURCES, INC 7785 HIGHLAND MEADOWS PKWY, STE 100 FORT COLLINS, CO 80528 ASPHALT SPECIALTIES CO, INC 10100 DALLAS ST HENDERSON, CO 80640 TOTAL COMPLETION DATE $346,450.00 08/26/21 $383,215.00 07/27/21 $459,459.00 08/26/21 THE FACILITIES DEPARTMENT IS REVIEWING THE BIDS. 2021-1641 Oc°/a3 BC OO '3 Hello