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Home My WebLink About20191274.tiff4,02-9 WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & BLACK EAGLE FENCE. INC. WCR 13/34 INTERSECTION FENCING THIS AGREEMENT is made and entered into this 15th day of April, 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 Black Eagle Fence, Inc. whose address is P.O. Box 295, Loveland, CO 80539, hereinafter referred to as "Contractor". WHEREAS, the WCR 13/34 Intersection Fencing needs improvements, (hereinafter referred to as the "Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the improvements of the WCR 13/34 Intersection Fencing, and WHEREAS, County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit A; WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Construction Services at or below the cost set forth in Exhibit B; WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and In Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B1900064. The RFB contains all specific requirements of the County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in 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 personnel 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 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 Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this BID NO # B1900084 1Z-1"/ R C,P) au/9- /at74 6�csio 7, Agreement. In its sole discretion, the County 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. 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 and B. Both parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. 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 that the Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by such termination or because 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, there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $128.796.80, which is the bid set forth in Exhibit B. Contractor acknowledges no payment greater than 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 greater than the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. BID NO # B1900064 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 314 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County resulting from 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. 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. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the 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. 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 with the performance of this Agreement, whether such materials are in completed form, shall be considered the property of the County. Contractor shall not make use of such material for purposes other than this Agreement without prior written approval of County. 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., regarding 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. BID NO 0 B1900064 11. Warranty. Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction services will conform to applicable specifications. in addition to the foreaoinq warranties. Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. This warranty shall commence on the date of County's final acceptance of the Project. 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 construction 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 and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A -VIII" or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County 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 greater than a deductible or self -insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. The County in no way warrants that the minimum limits contained herein are enough 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 is not relieved of any liability or other obligations assumed or pursuant to the Contract by failure to obtain or maintain insurance in enough amounts, duration, or types. 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 construction services provided, the timely delivery of services, and the coordination of services rendered by the Contractor and shall, without additional compensation, remedy and correct any errors, omissions, or other deficiencies. BID NO # B1900064 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 construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the 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. Tunes of Insurance: The Contractor/Contract Professional shall obtain, and maintain 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 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. Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Employers Liability) Statutory $500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and liability assumed under an insured contract. The policy shall be endorsed to include 1) the Additional Insured Endorsements CG 2010 (or equivalent), 2) CG 2037 Additional Insured for products/completed operations, and 3) the Designated Construction Projects General Aggregate Endorsement CG 2503. The policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations" and the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury $50,000 any one fire; and $5,000 Medical payment one person Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. BID NO # B1900064 Additional provisions: Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: If any aggregate limit is reduced by twenty-five percent (25%) or more by paid or reserved claims, Contractor shall notify County within ten (10) days and reinstate the aggregates required; ii. Unlimited defense costs greater than excess of policy limits; iii. Contractual liability covering the indemnification provisions of this Agreement; iv. A severability of interest provision; v. Waiver of exclusion for lawsuits by one insured against another; vi. A provision that coverage is primary, and vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by the County. For general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured, Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to the requirements herein and shall procure and maintain the same coverage required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub - vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 14. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and BID NO # B1900064 audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 17. Notices. County may designate, prior to commencement of work, a representative who shall make 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 (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or d) transmission via facsimile, at the number set forth below, with a receipt or acknowledgment required by the sending party. Either party may change its notice address by written notice to the other. Notification Information: Contractor: Attn.: Address: Address: E-mail: Phone: County: Name: Position: Address: Address: E-mail: Phone: Black Eagle Fence, Inc. Randy Peck P.O. Box 295 Loveland, CO 80539 randy@blackeaglefence.com (970) 667-1228 Michael Bedell, P.E. Senior Engineer P.O. Box 758 1111 H Street, Greeley, CO 80632 Inbedentilweldnov.com (970) 301-0780 Don Dunker, P.E. County Engineer P.O. Box 758 1111 H Street, Greeley, CO 80632 ddunker@weldgov.com (970) 397-6288 18. 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. 19. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use other Contractors or persons to perform services of the same or similar nature. BID NO # B1900064 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement 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 Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shalt not engage in any in any business or personal activities or practices or maintain any relationships which 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. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent this Agreement is capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ BID NO # 91900064 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 during 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. 29. Official Engineering Publications. Contractor acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contractor under this Agreement, and Contractor agrees to meet or exceed all standards set by these publications. Contractor further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all the Contract Amount. 30. Compliance with Davis -Bacon Wage Rates. N/A. 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. BID NO # B1900064 SIGNATURE PAGE CONTRACTOR: Black Earle Fence. Inc. Name: l/ q 14 1 4. r Title: 1f / WELD COUNTY: Date: /?Mpr r/ ATTEST: ddedlski v• Jejtp;g4. BOARD OF COUNTY COMMISSIONERS Weld Co Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Cto the Boar enaj,3-, Mike Freeman, Chair Pro-Tem APR 2S209 BID NO* B1900064 aO/9- /c7t BLACK06 OP ID: BS A4OR© CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DOWYYY) 04/18/2019 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 Front Range Insurance Group 2002 Caribou Drive, Ste. 101 Fort Collins, CO 80525 Steven G. Smith INSURED Black Eagle Fence, Inc. Randy Peck PO Box 295 Loveland, CO 80539 CONTACT NAME: -.-_ NAIC a 41190 Pla 9.8#1,._ _. IAtC,A4oI -MAIL ADDRESS: ---.- _ INSURER(S) AFFORDING COVERAGE INSURER A:ACUIt�/ INSURERS Pinnacol Assurance INSURER C: INSURER D: INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INDICATED NOTWITHSTANDING ANY REQUIREMENT, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. iLTR TYPE OF INSURANCE LTR I ,INSR INSURANCE LISTED BELOW HAVE BEEN TERM OR CONDITION OF ANY THE INSURANCE AFFORDED BY LIMITS SHOWN MAY HAVE BEEN { .WVD i POLICY NUMBER ISSUED TO CONTRACT THE POLICIES REDUCED BY hi5LlCVIFF" (MM(00/YYYYI THE INSURED NAMED ABOVE FOR THE POLICY PERIOD OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, PAID CLAIMS. .- Y _ P EExx 1MMIODIYYYYI � LIMITS A GENERAL LIABILITY _._ j X COMMERCIAL GENERAL LIABILITY l I CLAIMSMADEX ' OCCUR _I .. , GEN'L AGGREGATE LIMIT APPLIES PER PRO. I POLICY X JE& I LOC ( Z67437 1 06/01/2018 , 06/01/2019 i EACH OCCURRENCE 1-P PREMDAMAGEISES ) $ 1,000,000 $ 100,000 MED EXP (My one person) PERSONAL &AU/ INJURY ( GENERAL AGGREGATE PRODUCTS COMP/OP AGO _.._.._......___.......___-,_...._____-_ I $ 5,000 1 $ 1,000,000 $ 2,000,000 $ 2,000,000 $ ._--_-._._......._._._ A AUTOMOBILE X __ X I LIABILITY ANY AUTO ALL OWNED' SCHEDULED AUTOS I AUTOS -,, NON -OWNED HIRED AUTOS I X_' AUTOS - , , 67437 06/01/2018 ( ' } I j 06/01/2019 { COMBINED SINGLE LIMIT L iEe acdde _._ ' BODILY INJURY (Per person) BODILY INJURY(Per accidenl) f PA -75 RTY DAt A0t; PER ACCIDENT/ 1 000,000 $ — -, $ $ $ A X UMBRELLA LIAB X OCCUR ,, -_I EXCESS LIAR I CLAIMS-MADEt DED i X RETENT CNS $100001 � ! 267437 t ; 06(01/2018 i 06/01/2019 I EACH OCCURRENCE AGGREGATE $ 1,000 000 $ 1,000,000 _-..._ .._._.. B WORKERS COMPENSATION p AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) If yes, describe under ! DESCRIPTION OF OPERATIONS below L ;4148836 I I 06/01/2018 I 06/01/2019; ! I WC STATU- I I0TH I- X ITQ.6Y..LIMITS I ._ LOS El EACH ACCIDENT .____.. _ $ 1,000,000 E L DISEASE EA EMPLOYEEL -._. _, ......_._.... E1 E L DISEASE - POLICY LIMIT 1,000,000 $ 1,000,000 A Equipment Floater ' ;Z67437 I i 06/01/2018 06/01/2019 iLsd & Ren 50,000 I I ilnst Flt 75,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Weld County Public Works Dept. is named as additional insured per written contract. CERTIFICATE HOLDER CANCELLATION WELDCOU Weld County Public Works Dept. 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 ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Bond Number: BD762027 PERFORMANCE BOND (PAGE 1 OF 2) PROJECT: WCR 13/34 INTERSECTION FENCING KNOW ALL MEN BY THE PRESENTS; that Black Eagle Fence, Inc. (Name of Contractor) PO Box 295 Loveland, CO 80539 (Address of Contractor) Corporation , hereinafter called Contractor, and a (Corporation, Partnership, or Individual) Nationwide Mutual Insurance Company (Name of Surety) 1100 Locust Street, Dept 2006 Des Moines, IA 50391-2006 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) P.O. Box 758. 1111 H Street. Greeley, Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum ofOne hundred twenty six thousand seven hundred ninety s1xDoIlars, ($ 126,796 ) in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered a certain Contract with the Owner, dated the 15th day of April 2019, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: WCR 13/34 INTERSECTION FENCING described in the Invitation for Bids, Bid No. B1900064. NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. BID NO # B1900064 Page 30 PERFORMANCE BOND (PAGE 2 OF 2) PROJECT: WCR 13/34 INTERSECTION FENCING PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this 1Oth day of April 2019. Black Eagle Fence (Contractor) Secretary (SEAL) (Witne asto actor) Wbe ,f 94, /..40-,-e lazC, ev705-37 (Address) ATTEST: (Surety) Secretary (SEAL) Witness as to Surety (Address) By PO Box 295 Loveland, CO 8O539 (Address) Nationwide Mutual Insurance Company Surety By---� c Crisostomo M. Trujillo, Attorney -in -Fact 11OO Locust Street, Dept 2OO6 (Address) Des Moines, IA 5O391-2OO6 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID NO # 81900064 Page 31 Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation AMCO Insurance Company, an Iowa corporation National Casualty Company, an Ohio corporation Allied Property and Casualty Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint: DAVID A. WOOLDRIDGE STEVEN G. SMITH CRISOSTOMO M.'1'RUJILLO FORT COLLINS CO each in their individual capacity, its true and lawful attorney -in -fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of FIVE HUNDRED TIIOUSAND AND NO/100 DOLLARS $ 500,000.00 and to bind the Company thereby, as fully and to the same extent as if such Instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -tact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument o b ealed a attested by the signature of its officer the I st day of Miry2017 . A A it,040 %SEAL SEAL .0 '8 it SEAL , i' r,, Antonio Casualty Albanese, Vice President of Nationwide Mutual Insurance Company, National ompany, AMCO Insurance Company, Allied Property and Casualty Insurance Company ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF NEW YORK: ss On this tat day at May , 2017 , before me came the above -named officer for the Company aforesaid, to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he Is the officer of the Company aforesaid, that the seal affixed hereto is the corporate seal of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company. BARRY T BASSIS Notary Public, State of New York No. 02BA4656400 Qualified in New York County Commission Expires Apra 30. 2019 CERTIFICATE I, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; end the foregoing power of attorney is still in full force and effect, Noisy Public My Commission Expires April 30, 2019 IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seaal of said Company this J O ' day of a C11"4 - This power of attorney expires: April 30, 2019 BDJ 1(05-17)00 01534 Assistant Secretary Bond Number: BD762027 LABOR MATERIALS PAYMENT BOND (PAGE 1 OF 2) PROJECT: WCR 13/34 INTERSECTION FENCING KNOW ALL MEN BY THE PRESENTS; that Black Eagle Fence, Inc. (Name of Contractor) PO Box 295 Loveland, CO 80539 (Address of Contractor) Corporation Contractor, and a (Corporation, Partnership, or Individual) Nationwide Mutual Insurance Company , hereinafter called (Name of Surety) 1100 Locust Street, Dept 2006 Des Moines, IA 50391-2006 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) P.O. Box 758, 1111 H Street, Greeley. Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of One hundred twenty six thousand seven hundred ninety six Dollars ($ 126,796 ) in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered a certain Contract with the Owner, dated the 15th day of April 2019, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: WCR 13/34 INTERSECTION FENCING described in the Invitation for Bids, Bid No. B1900064. NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. BID NO # B1900064 Page 32 LABOR & MATERIALS PAYMENT BOND (PAGE 2 OF 2) PROJECT: WCR 13/34 INTERSECTION FENCING PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this 10th (SEAL) (Contractor) Secretary GCC�tr (4 die (Witness as to Contractor) Afve 4i CO pi (Address) ATTEST: (Surety) Secretary (SEAL) day of April Black Eagle Fence, Inc. 2019. PO Box 295 Loveland, CO 80539 (Address) Nationwide Mutual Insurance Company Surety By Witness as to Surety Crisostomo M. Trujillo, Attorney -in -Fact 1100 Locust Street, Dept 2006 (Address) (Address) Des Moines, IA 50391-2006 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID NO # B1900064 Page 33 Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation AMCO Insurance Company, an Iowa corporation National Casualty Company, an Ohio corporation Allied Property and Casualty Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint: DAVID A. WOOLDRIDGE STEVEN G. SMITH CRISOSTOMO M. TRUJILLO FORT COLLINS CO each In their individual capacity, its true and lawful attorney -in -fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, In penalties not exceeding the sum of FIVE HUNDRED THOUSAND AND NO/100 DOLLARS $ 500,000.00 and to bind the Company thereby, as fully and to the same extent as if such Instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be. and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed. engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument o . = ealed a my attested by the signature of its officer the 1st day of May 2017 . ••� � 0 SEAL) J +ttr; it► e Al' ;• wv3r .14 VSEAL)!; Antonio Albanese, Vice President of Nationwide Mutual Insurance Company, National Casualty ompany, AMCO Insurance Company, Allied Property and Casualty Insurance Company ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF NEW YORK: ss On this 1st day of May , 2017 , before me came the above -named officer for the Company aforesaid, to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed hereto is the corporate seal of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company. BARRY T. BASSIS Notary Public, State of New York No, 02BA4656400 Qualified in New York County Commission Expires Aprif 30, 2019 Notary Public My Commission Expires CERTIFICATE April 30.2019 I, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate sl of said Company this W 41%day of Aer.2u t9 This power of attorney expires: BDJ 1(05-17)00 01534 April 30, 2019 Assistant Secretary 'l MEMORANDUM Date: April 1, 2019 To: Rob Turf, Purchasing Manager From: Michael Bedell, P.E., Senior Engineer RE: Bid Request No. B1900064 BOCC Approval Date April 15, 2019 Bids were received and opened on March 27, 2019 for fencing removal and construction services associated with the WCR13/34 Intersection Improvements Project. Two (2) bids were received ranging from $126,796.60 to $152,077.00 with the lowest bid submitted by Black Eagle Fence Inc. from Loveland. My Engineer's Estimate for this bid was $151,752.00. Weld County will be receiving grant funds from DOLA in the amount of $1,000,000.00 associated with this road improvements project. The submitted bids have been reviewed for errors and completeness. There are no apparent errors or discrepancies in the submitted bids. The bid tabulation is attached for your information. It is my recommendation to award the contract to Black Eagle Fence Inc. for a total amount of $126,796.60. This Company is well -qualified for this work. If this bid is approved by the BOCC on April 15th, the contractor will commence the work later in the month. I will be at the meeting to answer any questions the BOCC may have. c,,if21c1- 1271 �ftoda.1 BID TABULATION 3-27-19 WCR 13/34 IMPROVEMENTS FENCING SERVICES B1900064 NUMBER ITEM CONTRACT ITEM UNIT ESTIMATED QUANTITY UNIT Black PRICE Eagle Black TOTAL Eagle UNIT PRICE Engineer's Engineer's TOTAL UNIT Taylor PRICE TOTAL Taylor 1-202 Removal of Fencing (all types) LF 11992 $2.50 $29,980.00 $0.80 $9,593.60 $1.50 $17,988.00 2-607 Install Temporary Gate (10' - 16' steel) EA 8 $500.00 $4,000.00 $650.00 $5,200.00 $650.00 $5,200.00 3-607 Install Temporary Fencing LF 5462 $6.00 $32,772.00 $6.50 $35,503.00 $9.50 $51,889.00 4-626 Mobilization LS 1 $10,000.00 $10,000.00 $1,500.00 $1,500.00 $2,000.00 $2,000.00 5-700 Force Account (Minor Contract Revisions) FA 1 $75,000.00 $75,000.00 $75,000.00 $75,000.00 $75,000.00 $75,000.00 $151,752.00 TOTAL $126,796.60 $152,077.00 TOTAL TOTAL Bidding Errors or Discrepancies N/A No Errors No Errors DATE OF BID: MARCH 27, 2019 REQUEST FOR PROPOSAL: FENCING REMOVAL & CONSTRUCTION SERVICES DEPARTMENT: PUBLIC WORKS DEPT BID NO: #B1900064 PRESENT DATE: APRIL 1, 2019 APPROVAL DATE: APRIL 15, 2019 VENDORS TOTAL BLACK EAGLE FENCE INC POB 295 LOVELAND CO 80539 TAYLOR FENCE COMPANY 601 SOUTH WAHSATCH AVENUE COLORADO SPRINGS CO 80903 PUBLIC WORKS WILL REVIEW THE BIDS. 41� $126,796.60 $152,077.00 WELD COUNTY PURCHASING 1150 O Street, Room #107, Greeley, CO 80631 Email: cmpeters(c�weldgov.com Email: reverett(cr�weldgov.com Email: rturfaweldgov.com Phone: (970) 400-4222, 4223 or 4216 Fax: (970) 336-7226 2019-1274 66007147 BID TABULATION 3-27-19 WCR 13/34 IMPROVEMENTS FENCING SERVICES B1900064 ITEM NUMBER CONTRACT ITEM UNIT ESTIMATED QUANTITY UNIT PRICE Engineer's TOTAL Engineer's UNIT PRICE Black Eagle TOTAL Black Eagle UNIT PRICE Taylor TOTAL Taylor 1-202 Removal of Fencing (all types) LF 11992 $2.50 $29,980.00 $0.80 I $9,593.60 I $1.50 I $17,988.00 2-607 (Install Temporary Gate (10' - 16' steel) EA 8 I $500.00 I $4,000.00 $650.00 $5,200.00 I $650.00 $5,200.00 3-607 Install Temporary Fencing LF 5462 $6.00 $32,772.00 $6.50 I $35,503.00 I $9.50 I $51,889.00 4-626 5-700 Mobilization Force Account (Minor Contract Revisions LS FA $10,000.00 $75,000.00 TOTAL Bidding Errors or Discrepancies $10,000.00 $75,000.00 $151,752.00 $1,500.00 $75,000.00 N/A TOTAL No Errors $2,000.00 $75,000.00 TOTAL $2,000.00 $75,000.00 $152,077.00 No Errors Hello