HomeMy WebLinkAbout20193748.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR MATERIALS OR EQUIPMENT AND AUTHORIZE
CHAIR TO SIGN - VANCE BROTHERS, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for Materials or Equipment
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and Vance
Brothers, Inc., commencing upon full execution of signatures, with further terms and conditions
being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for Materials or Equipment between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Department of Public Works, and Vance Brothers, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of August, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditifwv f
Weld County Clerk to the Board
BY:
Barbara Kirkm Barbara Kirkmeyer,, Chair
Mike Freeman, Pro -Tern
Deputy Clerk to the Board ,�►� �'�►� c
APPRA T
tt K. James
ounty Attorney
Date of signature: OgAVI9
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2019-3748
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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW / CONTRACT RENEWAL
RE: WCR 60.5 - Pilot project for paving grids
DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 7.12.2019
PERSON REQUESTING: Joshua Holbrook, Weld County Public Works
Brief description of the problem/issue:
Fatigue and reflective cracking in pavement are typically caused by traffic loading, age hardening and
temperature cycling. Paving grids are a reinforcement system that help resist the migration of reflective cracks
and increase the fatigue life of hot mix asphalt (HMA) pavement in roadway applications. During our research
of how to address this concern, we found a couple of products that are being used by other local municipalities.
The first product, PGM G4, is made by Tencate and is a multi -axial composite paving grid that is placed in
between HMA paving lifts with a 0.20 gallon PG asphalt binder applied before placement.
The second product, 8511 TF, is made by Tensar and is an open bi-axial grid that is also placed in-between
HMA paving lifts, but the PG asphalt binder is activated once the HMA is placed on top of the mat. Using this
product removes the need have a PG asphalt binder applied with a separate distributor truck.
Public works would like to try a mile section of each product on WCR 60.5 between CR 47 and CR 53. We
chose this section of roadway due to the high ADT and tuck traffic volumes (3,846 ADT with 38% being
trucks).
Public works received a quote from Vance brothers to supply and install both products. The PGM-G4 unit price
is $6.50 SY installed, and the 8511TF is $7.15 SY installed. The total cost of material and installation would be
$208,203.45. One of the local municipalities using PGM-G4 had bid prices ranging from $7.75 SY to $9.20 SY
installed. For 851 l TG, their bid price was $8.85 SY installed.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
The Board may request a work session to discuss this further.
Recommendation to the Board:
Staff recommends approval for Vance Brothers, Inc to supply and installed paving grids for this pilot project.
Sean P. Conway
Scott K. James
Steve Moreno
Mike Freeman, Pro-Tem
Barbara Kirkmeyer, Chair
Approve
Recommendation Work Session
Schedule
rrN
Comments
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2019-3748
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WELD COUNTY AGREEMENT FOR MATERIALS OR EQUIPMENT
BETWEEN WELD COUNTY & VANCE BROTHERS, 1NC
THIS AGREEMENT is made and entered into this 12`" day of August, 2019, by and
between the County of Weld, a body corporate and politic of the State of Colorado, by and through
its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631
hereinafter referred to as "County," and Vance Brothers, Inc., who whose Principal office address
is Brighton, Kansas City, MO 64130 hereinafter referred to as "Contractor".
WHEREAS, Vance Brothers will supply and install two different paving grids
manufactured by Tencate and Tensar for a pilot project on WCR 60.5 between CR 47 and CR 51.5.
WHEREAS, Contractor is authorized to do business in the State of Colorado and has the
time, skill, expertise, and experience necessary to provide the equipment, materials and services
as set forth below;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Introduction.
The terms of this Agreement are contained in the terms recited in this document and in
Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are
specifically incorporated herein by this reference. County and Contractor acknowledge and agree
that this Agreement, including specifically Exhibits A and B, define the performance obligations
of Contractor and Contractor's willingness and ability to meet those requirements.
Exhibit A consists of County's Request for a price quote. This quote was approved
allowing one company to supply two different products for a pilot project on CR 60.5 between CR
47 an CR 51.5.
Exhibit B consists of Contractor's Response to County's Request for Bid. The Response
confirms Contractor's obligations under this Agreement.
2. Service or Work. Contractor agrees to procure the materials, equipment and/or
products necessary for the Project and agrees to diligently provide all services, labor,
personnel and materials necessary to perform and complete the Project described in
Exhibit A which is attached hereto and incorporated herein by reference. Contractor
shall coordinate with, the Weld County Director of Public Works or other designated
supervisory personnel, (the "Manager"), to perform the services described on attached
Exhibits A and B. Contractor shall faithfully perform the work in accordance with
the standards of professional care, skill, training, diligence and judgment provided by
highly competent Contractors performing services of a similar nature to those
described in this Agreement. Contractor shall further be responsible for the timely
completion, and acknowledges that a failure to comply with the standards and
requirements of Exhibits A and B within the time limits prescribed by County may
d9/9- 374
result in County's decision to withhold payment or to terminate this Agreement. The
material and/or equipment shall be delivered to the location(s) specified herein.
3. Term. The term of this Agreement begins upon the date of the execution of this
Agreement by County, and shall continue through and until Contractor's completion of the
responsibilities described in Exhibits A. Both of the parties to this Agreement understand and
agree that the laws of the State of Colorado prohibit County from entering into Agreements
which bind County for periods longer than one year. Therefore, within the thirty (30) days
preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to
renew this Contract. 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. County has the right to terminate this Agreement, with or without cause on thirty
(30) days written notice. Furthermore, this Agreement may be terminated at any time without
notice upon a material breach of the terms of the Agreement. However, nothing herein shall be
construed as giving Contractor the right to provide materials (or services) under this Agreement
beyond the time when such materials (or services) become unsatisfactory to the County.
If this Agreement is terminated by County, Contractor shall be compensated for, and such
compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has
submitted and which have been approved by the County; (2) the reasonable value to County of the
materials which Contractor provided prior to the date of the termination notice, but which had not
yet been approved for payment; and (3) the cost of any work which the County approves in writing
which it determines is needed to accomplish an orderly termination of the work. County shall be
entitled to the use of all material generated pursuant to this Agreement upon termination.
Upon termination, County shall take possession of all materials, equipment, tools and
facilities owned by County 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 incomplete at the time of termination shall be
marked "DRAFT -INCOMPLETE."
Upon termination of this Agreement by County, Contractor shall have no claim of any kind
whatsoever against the County by 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.
6. Definitions
"Standard:" When the word "standard" is used in the specification to describe an item of
equipment or its assembly, it shall be construed to mean that item or assembly so described shall
be the latest regular product of the manufacturer thereof, identified by a model or other
designation, without the modification or omission of any of its usual parts or the substitution of
others therefore, except as hereafter specified, details, capacities and ratings, conforming in
every respect to the said manufacturer's catalog or other printed matter describing the item or
assembly. Standard subassemblies, accessories, fittings, and finishes shall be construed to be
those which are regularly furnished as part of the principle unit or assembly and included in the
selling price thereof.
"Reputable Manufacturer:" A manufacturer who has been engaged in the business of fabricating
the equipment specified for a reasonable period of time prior to the date set for opening of bids
and who can demonstrate to the satisfaction of Weld County that said manufacturer has
successfully installed equipment of the type proposed to be furnished in at least three (3)
instances and the performance of such equipment has been satisfactory. Manufacturers having
been engaged in the business of manufacturing said equipment for a period of one (1) year prior
to the date affixed for opening bids shall, prima facie, be deemed to have been engaged in such
business a reasonable length of time.
"Or Equal:" The specific equipment mentioned shall be understood as indicating the type.
function, minimum standard of design, efficiency, and quality desired and shall not be construed
in such a manner as to exclude manufacturer's equipment of comparable quality, design, and
efficiency.
7. General Specifications, conditions, and information.
Design: Unless otherwise specified, any equipment to be purchased shall be the manufacturer's
latest model of production. Said equipment shall be of superior quality and suitable to the use
for which it is intended. The technical design shall be in line with the best practice in the
industry and the materials and workmanship entering into the construction shall be of the kinds
and qualities which will ensure long life, dependability, and low cost of maintaining and
repairing.
8. Compensation/Contract Amount. Upon Contractor's successful completion of the
delivery or installation of the material or equipment and County's acceptance of the same, County
agrees to pay an amount no greater than $208,203.45, which is the bid set forth in Exhibit B.
Contractor acknowledges no payment in excess of that amount will be made by County unless a
"change order" authorizing such additional payment has been specifically approved by the
Director of Weld County Public Works, or by formal resolution of the Weld County Board of
County Commissioners, as required pursuant to the Weld County Code. Any other provision of
this Agreement notwithstanding, in no event shall County be liable for payment for services
rendered and expenses incurred by Contractor under the terms of this Agreement for any amount
in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any
work it performs or materials or equipment it supplies beyond that specifically authorized by
County is performed at Contractor's risk and without authorization under this Agreement. County
shall not be liable for the payment of taxes, late charges or penalties of any nature other than the
compensation stated herein.
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
material, service or equipment for which payment was made did not perform as set forth in this
Agreement, then upon written notice of such determination and request for reimbursement from
County, Contractor shall forthwith return such payment(s) to County. Upon termination or
expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be
returned to County.
County will not withhold any taxes from monies paid to the Contractor hereunder and
Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes
related to payments made pursuant to the terms of this Agreement.
Notwithstanding anything to the contrary contained in this Agreement, County shall have
no obligations under this Agreement after, nor shall any payments be made to Contractor in respect
of any period after December 31 of any year, without an appropriation therefore by County in
accordance with a budget adopted by the Board of County Commissioners in compliance with
Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S.
29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20)
9. Independent Contractor. Contractor agrees that it is an independent Contractor and that
Contractor's officers, agents or employees will not become employees of County, nor entitled to
any employee benefits from County as a result of the execution of this Agreement. Contractor shall
perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible
for its acts and those of its agents and employees for all acts performed pursuant to this Agreement.
Contractor, its employees and agents are not entitled to unemployment insurance or workers'
compensation benefits through County and County shall not pay for or otherwise provide such
coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will
be available to Contractor and its employees and agents only if such coverage is made available
by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and
income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor
shall not have authorization, express or implied, to bind County to any agreement, liability or
understanding, except as expressly set forth in this Agreement. Contractor shall have the following
responsibilities with regard to workers' compensation and unemployment compensation insurance
matters: (a) provide and keep in force workers' compensation and unemployment compensation
insurance in the amounts required by law (and as set forth in Exhibit A provide proof thereof when
requested to do so by County.
10. 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 Project without County's prior
written consent, which may be withheld in County's sole discretion. County shall have the right
in its reasonable discretion to approve all personnel assigned to the subject Project during the
performance of this Agreement and no personnel to whom County has an objection, in its
reasonable discretion, shall be assigned to the Project. Contractor shall require each
subcontractor, as approved by County and to the extent of the Services to be performed by the
subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward
Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes
toward County. County shall have the right (but not the obligation) to enforce the provisions of
this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in
such process. The Contractor shall be responsible for the acts and omissions of its agents,
employees and subcontractors.
11. 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.
12. Confidentiality. Confidential financial information of Contractor should be transmitted
separately from the main bid submittal, clearly denoting in red on the financial information at the
top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld
County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public
records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep
confidential all of County's confidential information. Contractor agrees not to sell, assign,
distribute, or disclose any such confidential information to any other person or entity without
seeking written permission from the County. Contractor agrees to advise its employees, agents,
and consultants, of the confidential and proprietary nature of this confidential information and of
the restrictions imposed by this agreement.
13. Warranty. The Contractor warrants that materials, equipment, and services covered under
this Agreement will meet the standards governing such materials, equipment, and services and the
provisions of this Agreement. The Contractor further represents and warrants that all materials,
equipment, and services shall be performed and delivered by qualified personnel in a professional
and workmanlike manner, consistent with industry standards, and that all materials, equipment,
and services will conform to applicable specifications. In addition to the foregoing warranties,
The Contractor is aware that all work performed on this Project pursuant to this Agreement is
subject to a one year warranty period during which the Contractor must correct any failures or
deficiencies. This warranty shall commence on the date of County's final inspection and
acceptance of the materials or equipment. The Contractor warrants that the goods to be supplied
pursuant to this bid are fit and sufficient for the purpose intended; and the goods are merchantable,
of good quality, and free from defects, whether patent or latent, in material or workmanship; and
the goods sold to Weld County, pursuant to this bid, conform to the minimum Weld County
specifications as established herein
The Contractor 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. All warranties made by the
Contractor, together with service warranties' and guarantees shall run to Weld County and its
successors and assigns. Bidder shall submit with their bids the following information pertaining
to the equipment upon which the bids are submitted: detailed equipment specifications to include
the warranty and descriptive literature.
Service Calls in the First One Year Period: The Contractor 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.
14. 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 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 materials, equipment, or service 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.
15. Public Contracts for Services. C.R.S. §8-17.5-101.
Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an
illegal alien who will perform work under this contract. Contractor will confirm the employment
eligibility of all employees who are newly hired for employment in the United States to perform
work under this Agreement, through participation in the E -Verify program of the State of Colorado
program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ
or contract with an illegal alien to perform work under this Agreement or enter into a contract with
a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly
employ or contract with an illegal alien to perform work under this Agreement. Contractor shall
not use E -Verify Program or State of Colorado program procedures to undertake pre -employment
screening or job applicants while this Agreement is being performed. If Contractor obtains actual
knowledge that a subcontractor performing work under the public contract for services knowingly
employs or contracts with an illegal alien Contractor shall notify the subcontractor and County
within three (3) days that Contractor has actual knowledge that a subcontractor is employing or
contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop
employing or contracting with the illegal alien within three (3) days of receiving
notice. Contractor shall not terminate the contract if within three days the subcontractor provides
information to establish that the subcontractor has not knowingly employed or contracted with an
illegal alien. Contractor shall comply with reasonable requests made in the course of an
investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of
Labor and Employment. If Contractor participates in the State of Colorado program, Contractor
shall, within twenty days after hiring 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 of the other requirements of the
State of Colorado program. If Contractor fails to comply with any requirement of this provision or
of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so
terminated, Contractor shall be liable for actual and consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if
Contractor receives federal or state funds under the contract, Contractor must confirm that any
individual natural person eighteen (18) years of age or older is lawfully present in the United
States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits
provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or
affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise
lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms
of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms
of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract.
16. Insurance and Indemnification.
General Requirements: Contractors must secure, at or before the time of execution of any
agreement or commencement of any work, the following insurance covering all operations,
goods or services provided pursuant to this request. Contractors shall keep the required
insurance coverage in force at all times during the term of the Agreement, or any extension
thereof, and during any warranty period. The required insurance shall be underwritten by
an insurer licensed to do business in Colorado and rated by A.M. Best Company as
"A"VIII or better. Each policy shall contain a valid provision or endorsement stating thatthe
County will be notified ofany reduction, loss, or modification to coverage. Such notice shall be sent to the
Weld County Director of General Services by certified mail, return receipt requested. Such
written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to
non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in
excess of a deductible or self -insured retention, County must be notified by the Contractor.
Contractor shall be responsible for the payment of any deductible or self -insured retention.
County reserves the right to require Contractor to provide a bond, at no cost to County, in
the amount of the deductible or self -insured retention to guarantee payment of claims.
The insurance coverage's 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 this
Contract 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. Any modification to these
requirements must be made in writing by Weld County.
The Contractor stipulates that it has met the insurance requirements identified herein. The
Contractor shall be responsible for the professional quality, technical accuracy, and quantity
of all materials and services provided, the timely delivery of said services, and the
coordination of all services rendered by the Contractor and shall, without additional
compensation, promptly remedy and correct any errors, omissions, or other deficiencies.
INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its
officers, agents, and employees, from and against injury, loss damage, liability, suits,
actions, or claims of any type or character arising out of the work done in fulfillment of the
terms of this Contract or on account of any act, claim or amount arising or recovered under
workers' compensation law or arising out of the failure of the Contractor to conform to any
statutes, ordinances, regulation, law or court decree. The Contractor shall be fully
responsible and liable for any and all injuries or damage received or sustained by any
person, persons, or property on account of its performance under this Agreement or its
failure to comply with the provisions of the Agreement, or on account of or in consequence
of neglect of the Contractor in its methods or procedures; or in its provisions of the materials
required herein, or from any claims or amounts arising or recovered under the Worker's
Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive
expiration or termination hereof. It is agreed that the Contractor will be responsible for
primary loss investigation, defense and judgment costs where this contract of indemnity
applies. In consideration of the award of this contract, the Contractor agrees to waive all
rights of subrogation against the County its associated and/or affiliated entities, successors,
or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising
from the work performed by the Contractor for the County. A failure to comply with this
provision shall result in County's right to immediately terminate this Agreement.
Types of Insurance: The Contractor shall obtain, and maintain at all times during the term
of any Agreement, insurance in the following kinds and amounts:
Workers' Compensation Insurance as required by state statute, and Employer's
Liability Insurance covering all of the Contractor's Contract Professional's employees
acting within the course and scope of their employment. Policy shall contain a waiver
of subrogation against the County. This requirement shall not apply when a Contractor
or subcontractor is exempt under Colorado Workers' Compensation Act., AND when
such Contractor or subcontractor executes the appropriate sole proprietor waiver form.
Commercial General Liability Insurance for bodily injury, property damage, and liability
assumed under an insured contract, and defense costs, with the minimum limits must be as
fol lows:
$1,000,000 each occurrence;
$1,000,000 general aggregate;
$1,000,000 products and completed operations aggregate;
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.
Contractors shall secure and deliver to the County at or before the time of execution of
this Agreement, and shall keep in force at all times during the term of the Agreement
as the same may be extended as herein provided, a commercial general liability
insurance policy, including public liability and property damage, in form and company
acceptable to and approved by said Administrator, covering all operations hereunder set
forth in the related Bid or Request for Proposal.
Proof of Insurance: County reserves the right to require the Contractor to provide a
certificate of insurance, a policy, or other proof of insurance as required by the
County's Risk Administrator in his sole discretion.
Additional Insureds: For general liability, excess/umbrella liability, pollution legal
liability, liquor liability, and inland marine, Contractor's insurer shall name County as
an additional insured.
Waiver of Subrogation: For all coverages, Contractor's insurer shall waive subrogation
rights against County.
Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors,
suppliers or other entities providing goods or services required by this Agreement shall
be subject to all of the requirements herein and shall procure and maintain the same
coverage's required of Contractor. Contractor shall include all such subcontractors,
independent contractors, sub -vendors suppliers or other entities as insureds under its
policies or shall ensure that all subcontractors maintain the required coverages. Contractor
agrees to provide proof of insurance for all such subcontractors, independent
contractors, sub -vendors suppliers or other entities upon request by the County.
17. 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.
18. 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.
19. 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.
20. Notices. County may designate, prior to commencement of work, its project representative
("County Representative") who shall make, within the scope of his or her authority, all necessary
and proper decisions with reference to the project. All requests for contract interpretations, change
orders, and other clarification or instruction shall be directed to County Representative. The
County Representative for purposes of this Agreement is hereby identified as, Director of Weld
County Department of Public Works, or his designee. All notices or other communications
(including annual maintenance made by one party to the other concerning the terms and conditions
of this contract shall be deemed delivered under the following circumstances:
(a) personal service by a reputable courier service requiring signature for receipt; or
(b) five (5) days following delivery to the United States Postal Service, postage prepaid
addressed to a party at the address set forth in this contract; or
(c) electronic transmission via email at the address set forth below, where a receipt or
acknowledgment is required by the sending party; or
Either party may change its notice address(es) by written notice to the other.
Notification Information:
Contractor:
Attn.: Drew Vance
Address: 380 W. 62nd Ave, Denver, Colorado 80216
E-mail: dvance@vancebrothers.com
Phone:1.303.341.2624
County:
Name: Joshua Holbrook
Position: Supervisor
Address: 1111 H street, Greeley, Colorado 80634
E-mail: jolbrook@weldgov.com
Phone: 1.970.400.3734
21. 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.
22. 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.
23. 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.
24. 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.
25. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-
50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld
County has any personal or beneficial interest whatsoever in the service or property which is the
subject matter of this Agreement. County has no interest and shall not acquire any interest direct
or indirect, that would in any manner or degree interfere with the performance of Contractor's
services and Contractor shall not employ any person having such known interests. During the term
of this Agreement, Contractor shall not engage in any in any business or personal activities or
practices or maintain any relationships which actually conflicts with or in any way appear to
conflict with the full performance of its obligations under this Agreement. Failure by Contractor
to ensure compliance with this provision may result, in County's sole discretion, in immediate
termination of this Agreement. No employee of Contractor nor any member of Contractor's family
shall serve on a County Board, committee or hold any such position which either by rule, practice
or action nominates, recommends, supervises Contractor's operations, or authorizes funding to
Contractor.
26. 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.
27. Governmental Immunity. No term or condition of this contract shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections
or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as
applicable now or hereafter amended.
28. 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.
29. 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.
30. 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.
31. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contractor,
concerning this Agreement, the parties agree that each party shall be responsible for the payment
of attorney fees and/or legal costs incurred by or on its own behalf.
32. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any
extra judicial body or person. Any provision to the contrary in this Agreement or incorporated
herein by reference shall be null and void.
Acknowledgment. County and Contractor acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms. Both parties further agree that this Agreement,
with the attached Exhibits A and B, is the complete and exclusive statement of agreement between
the parties and supersedes all proposals or prior agreements, oral or written, and any other
communications between the parties relating to the subject matter of this Agreement.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this
day of pri,,q utsi , 2019.
v
CONTRACTOR:
Name: ?i C,(`hO & UU ; U' 11[L
Title: l) i mil }w,-;1�
Inc
Date
Sf2
WELD COUNTY:
ATTEST: di ‘
Weld County Clerk to the Board
BY:
a
eputy Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
W . D COUNTY, COLOADO
Barbara Kirkmeyer, Ch
r AUG 2019
EXHIBIT A
GENERAL CONDITIONS AND SCOPE:
1. Weld County will supply all traffic control during the placement of paving fabric/grid.
2. Weld County will clean/sweep surface prior to placement of paving fabric/grid
3. Contractor/vendor shall provide all equipment and material to install 15,253 SY of Mirafi PGM-G4 and
15,253 SY GlasGrid 8511 TF.
4. Installation shall be done in accordance with manufactures specifications.
5. Asphaltic cement binder and application rate shall be based off the manufactures specifications and will not
be paid for separately.
6. Fabric/grid rolls will be furnished with suitable wrapping for protection against moisture and extended
ultraviolet exposure prior to placement. Each roll will be labeled or tagged to provide product
identification for inventory and quality control purposes.
7. Certificates of Compliance shall be submitted for each product.
8. Fabric/grid will be placed with minimum wrinkling. As directed by County representatives, any wrinkles
or folds will be slit and laid flat.
9. Weld County anticipates that WCR 60.5 between CR 47 and CR 51.5 will be ready for fabric/grid
placement between August 12, 2019 and September 9"b, 2019.
10. Weld County Public Works personnel normally works 6:00am to 4:30pm during the summer construction
season.
11. Payment for in -place pavement fabriclgrid will be for the total area coverage in square yards, not by the
number of rolls used.
WELD COL!\TY CONTACTS:
Don Dunker — Weld County Engineer
Weld County Public Works
(970) 400-3749
ddunker'ii weldeov.com
Curtis Hall — Deputy Director
Weld County Public Works
(970) 400-3721
chall(� weldeov.com
Josh Holbrook — Construction Inspection Supervisor
Weld County Public Works
(970) 400 — 37;4
jholbrook.u, weldeov.com
TERMS AND CONDITIONS:
This contract is a one-year contract and is not renewable.
EXHIBIT B
Vance Brothers, Inc.
380 W. 62nd Ave.
Denver, CO 80216
Phone: 303-341-2604
Fax: 303-341-2036
Submitted To:
Weld County Public Works
Joshua Holbrook
PO Box 758
Greeley CO 80632
Qty
WCR 60.5 Installation
Solution Description
15,253 SY Mirafi PGM-G4 Installation
15,253 SY GlasGrid 8511 TF Installation
2 Days
2 Days
Quotation
Submitted By:
Phone:
Date:
Expiration Date:
Quote #:
Mike Wright
303-598-6869
6/18/2019
8/18/2019
061819
Unit Price Extended Price
$6.50
$7.15
Note: Unless otherwise stated, prices quoted are exclusive of any and all taxes applicable.
Quotations are subject to credit approval. The above quote is good for 60 days unless stated otherwise above.
Note: All quoted prices are FOB Vance Brothers.
$99,144.50
$109,058.95
7 ®
A� o CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDD/YYYY)
s/sWDD/Y
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
TRUSS
9200 Ward Parkway
Suite 500
Kansas City MO 64114
NAMEACT Certificate Department
PHONE FAX
(A/C. No. Eat): 816-708-4600 (AIC, No): 816-708-4600
E-MAIL
ADDREss: Certificates@TrussAdvantage.com
INSURER(S) AFFORDING COVERAGE
NAC ii
INSURER A : Argonaut Insurance Co
19801
INSURED VANCE01
Vance Brothers, Inc.
380 West 62nd Avenue
Denver CO 80216
INSURER B: Travelers Prop Cas CO Of Amer
25674
INSURER C : The Phoenix Insurance Co.
2
25623
INSURER 0: Charter Oak Fire Ins Co
25615
INSURER E :
INSURER F :
•
L.AJVCKALIMO
THIS IS
INDICATED.
CERTIFICATE
EXCLUSIONS
{.•GR I Irr..n I L. fl%PI �.,. I..'•.
TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ICY
NSR
LTR
TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD
POLICY NUMBER
EXP 1
(MMIDD�) I (MOMIDDIYYYY) I LIMITS
C I
X
COMMERCIAL GENERAL
LIABILITY
_j OCCUR
I
DTCO9M212947PHX 19
1/1/2019
i
1/1/2020 EACH OCCURRENCE
$ 1,000,000
DAMAGE TO RENTED
I PREMISES (Ea occurrence)
$ 1000 000
CLAIMS -MADE
I MED EXP (Any one person)
$15,000
X
Cont Liab.
I PERSONAL & ADV INJURY
$1,000,000
GEN'L
-_y
: GENERAL AGGREGATE
$ 2,000,000
AGGREGATE LIMIT APPLIES PER:
POLICY Iil JECT I I LOC
OTHER:
I
PRODUCTS - COMP/OP AGG
$ 2,000,000
D AUTOMOBILE
�—XX
pI
~ I
X
LIABILITY
ANY AUTO
{ ALL OWNED
AUTOS
HIRED AUTOS
Mcs 90
SCHEDULED
AU?OS
NON-OWNED(Per
AUTOS
I
DT8109M352747COF19
1112019
I
I
1/1/2020 ' COMBINED SINGLE LIMIT
(Ea accident)
$ 1,000.000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)$
PROPERTY DAMAGE
accident)$
$
B
X
UMBRELLA UAB X i OCCUR
EXCESS LIAB I CLAIMS -MADE
CUP9M4229021826
1112019
1/1/2020 I EACH OCCURRENCE
$ 10,000,000
I AGGREGATE
$10,000,000
$
DED ', X RETENTION $
A
WORKERS
AND
ANY
OFFICEREMBER
(Mandatory
If yes,
DESCRIPTION
II
.0.
COMPENSATION
EMPLOYERS' LIABILITY Y / N
PROPRIETOR/PARTNER/EXECUTIVE
IM EXCLUDED? N 1
in NH)
describe under
OF OPERATIONS below
N / A
I WC928468285514
1112019
_
1112020 I X ( SEATUTE I ! ETH
I I EL. EACH ACCIDENT
$ 1,000,000
E L. DISEASE - EA EMPLOYEE
$ 1,000,000
i---
E.L. DISEASE - POLICY LIMIT
$1,000,000
I
�
I
DESCRIPTION
Re:
Paving
OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Grids WCR 60.5 between CR 47 & CR 51.5
CERTIFICATE HOLDER
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Weld County
1150 O Street
Greeley, CO 80631
AUTHORIZED REPRESENTATIVE
7
ACORD 25 (2014/01)
*1988-2014 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Contract Form
New Contract Request
Entity information
Entity Name*
VANCE BROTHERS INC
Contract Name*
Entity ID*
@00004325
Contract ID
PILOT PROJECT FOR PAVING GRIDS ON CR 60 E. BETWEEN 3075
CR 47 AND CR 51 5
Contract Lead*
Contract Status JHOLBROOK
CTB REVIEW
❑ New Entity?
Parent Contract ID
Requires Board Approval
YES
Contract Lead Email Department Project #
Jholbrook@co weld CD us
Contract Description*
THIS PILOT PROJECT WILL PLACE ONE MILE OF TENCATE PGM-G4 MULTI -AXIAL PAVING GRID AND ONE MILE OF TENSAR
8S11TF PAVING GRID ON CR 60,5 BETWEEN CR 47 AND CR 51.5
Contract Description 2
Contract Type*
AGREEMENT
Amount*
$208,203.45
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
PUBLIC WORKS
Department Email
CM -
Public VV'Orks weldgo:t corn
Department Head Email
CM-PubkcVa orks-
DeptHeadca;veicao:.con-
County Attorney
BOB CHOATE
County Attorney Email
BCHOATE@CO.V/ELD.CO US
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda
Date*
08/14/2319
Due Date
08/10/2019
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
YES
Bid/RFP #*
NA
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
Can case_
Contract Dates
Effective Date
Termination Notice Period
Review Date*
Cl '06/2020
Renewal Date
Committed Delivery Date Expiration Date *
12/1612019
Contact Information
Pur tn�
ROB TURF
ApprovaI Process
Det
JAY MCDONALD
DH Approved Date
0 /2019
Finai
BDCC Signed Date
C n is
19/2019
Originator
JHOLBROOK
Contact Email
Purchasir
00/13/2019
Finance over
BARB CONNOLLY
Finance = '+ + oved Date
08/12/2019
Tyler Ref #
AG 081919
Contact Phone 1 Contact Phone 2
e
Legal Counsel
BOB CHOATE
Legal Counsel Approved Date
08/13/2019
Hello