The URL can be used to link to this page

Browse Search

Home My WebLink About20181970.tiffCo,itrod X1471 WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & DON KEHN CONSTRUCTION 2018 BRIDGE REHABILITATIONS PROJECT THIS AGREEMENT is made and entered into this 9th day of July 2018 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 Don Kehn Construction, whose address is 6550 South County Road 5, Fort Collins, CO 80528, hereinafter referred to as "Contractor". WHEREAS, 2018 Bridge Rehabilitations Project needs construction services, (hereinafter referred to as the "Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the permanent repair of these bridges, 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. B1800045. 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 incorporated herein by reference. Contractor shall coordinate with, the 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 Agreement. In its sole discretion, the County may extend the time for the Contractor to complete the service or work. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 66: .,� 6'26)) aDI8 -19-1b ,p4 (//) 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 services under this Agreement beyond the time when such 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. 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 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 $233.578.50, 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 Public Works Director, 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. 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 310 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. 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 foramina warranties. Contractor is aware that all work performed on this Project Pursuant to this Aareement is subject to a one-year warranty period during which Contractor must correct any failures or deficiencies caused by contractors 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 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 is not relieved of any liability or other obligations assumed or pursuant to the Contract by failure to obtain or maintain insurance in sufficient 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. 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. Types 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. A. Additional provisions: Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: i. 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 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 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: Don Kehn Construction Attn.: Dan Kehn Address: 6550 South County Road 5 Address: Fort Collins, CO 80528 E-mail: deb@kehnconstruction.com Coun : Name: Michael Bedell, P.E. Position: Senior Engineer Address: P.O. Box 758 Address: Greeley, CO. 80632 E-mail: mbedell@weldgov.com 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. 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 shall not engage in any in any business or personal activities or practices or maintain any relationships which conflicts with its obligations under this Agreement. Failure 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 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 or contract with an illegal alien to perform work 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 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 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. NIA. 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. SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have enacted this Agreement this fit day of . 2018. CONTRACTOR: Don Kehn Construction By. Name: Dan Kehn Title: President WELD COUNTY: ATTEST: Date: "1 " l l - ig BOARD OF COUNTY COMMISSIONERS Weld C. my Clerk to the Board WELD COUNTY, COLORADO BY: Steve Moreno, Chair lit 2 3 2018 2/f- /7c, Client#: 34206 DONKEHPC ACORD.. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 07110/2018 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 Holmes Murphy -Colorado 7600 East Orchard Rd, Ste 330 South Greenwood Village, CO 80111 CONTACT NAME: 'PHONE I FAX— E.AIMAILo, Extl_515 223-6800 _._ _.... (A■No� _ADDREss INSURERS) AFFORDING COVERAGE NAIL # INSURER A : 'Thalami Assurance Company 41190 INSURED Don Kehn Construction, Inc. 6550 S. County Road 5 I Fort Collins, CO 80528 € INSURER B : INSURER C INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LNg i R 1'R .. - - - - ---_ UBR TYPE OF INSURANCE -------------- ------ POLICY NUMBER POLICY EFF tMMIDDIYYYY) pp� _...,.�...,._.p_.. I INkAiODYYYY) -_' --_.__-____ _ _ LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR ._ _ EACH OCCURRENCE fit E TO RENT flC�IrrEDeltCa) $ $ ... MED EXP (Any one person) PERSONAL & ADV INJURY $ $ GEN'L AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE $ PRO- POLICY JECT [] LOC ; PRODUCTS - COMP/OP AGG $ OTHER: $ AUTOMOBILE - LIABILITY SCHEDULED AUTOS NON AUTOS -OWN -O NED OCCUR CLAIMS -MADE I r COMBINED Ma accident)$11dOLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ G „_ ( A-.,,_. $ EACH OCCURRENCE AGGREGATE $ $ - DED I RETENTION $ i--------i-- $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED'? (Mandatory in NH) If yes. describe under DESCRIPTION OF OPERATIONS below YIN N `NIA I X 2093950 10/01/2017 10/01/2018 XlSTATUTE OTH- Colorado E L EACH ACCIDENT $500,000 EL DISEASE - EA EMPLOYEE $500,000 E . DISEASE - POLICY LIMIT $500,000 1 i DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Project: 2018 Rehabilitations Project CERTIFICATE HOLDER CANCELLATION Weld County 1150 O Street Greeley, CO 80631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 6toi- 144444/ ACORD 25 (2014101) 1 of 1 #S376250/M306725 © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD LUKJ1 Bond No. S456395 PERFORMANCE BOND 2018 BRIDGE REHABILITATIONS PROJECT KNOW ALL MEN BY THE PRESENTS; that Don Kehn Construction, Inc. (Name and Address of Contractor) 6550 South County Road 5, Fort Collins, CO 80528 hereinafter called Contractor, and a (Corporation, Partnership, or Individual) Employers Mutual Casualty Company (Name of Surety) P.O. Box 712, Des Moines, IA 50306 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld county, Colorado (Name of Owner) P,O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of Two Hundred Thirty Three Thousand Five Hundred Seventy Eight & 50/100 ---- Dollars, ($ 233,578.50---- ), 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 day of , 2018, a copy of which is hereto attached and made a part hereof for the construction of: 2018 BRIDGE REHABILITATIONS PROJECT, Bid No. 81800045 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. 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. BID NO B1800045 Page 37 (Contractor) Secretary PERFORMANCE BOND 2018 BRIDGE REHABILITATIONS IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of 2018. Don Kehn Construction, Inc. Contractor By A� (SEAL) Not Applicable 6550 South County Road (Witness as to Contractor) Not Applicable (Address) Not Applicable ATTEST: Not Applicable (Surety) Secretary (SEAL) 7600 E. Orchard Road, Suite 330 South h :' own Witness as to Surety (Address) Greenwood Village, CO 80111 (Address) Fort Collins, CO 80528 Florietta Acosta Attorney -in -Fact P.O.Box 712 (Address) Des Moines, IA 50306 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) andvbe authorized to transact business in the State where the Project is located. BID NO B1800045 Page 38 Bond No. S456395 LABOR & MATERIALS PAYMENT BOND 2018 BRIDGE REHABILITATIONS PROJECT KNOW ALL MEN BY THE PRESENTS; that Don Kehn Construction, Inc. (Name and Address) 6550 South County Road 5, Fort Collins, CO 80528 hereinafter called Contractor, and a (Corporation, Partnership, or Individual) Employers Mutual Casualty Company (Name of Surety) P.O. Box 712, Des Moines, IA 50306 (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 the Owner, in the penal SUM of Two Hundred Thirty Three Thousand Five Hundred Seventy Eight & 50/100---- Dollars, ($ 233,578.50---- 1, 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 day of 2018, a copy of which is hereto attached and made a part hereof for the construction of: 2018 BRIDGE REHABILITATIONS PROJECT, Bid No. B1800045. 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 €t 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 Specificat€ons. 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. BID NO B1800045 Page 39 LABOR & MATERIALS PAYMENT BOND 2018 BRIDGE: REHABILITATIONS PROJECT IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of , 2018, Don Kehn Construction, Inc. Contractor (SEAL) Not Applicable (Witness as to Contractor) Not Applicable (Address) Not Applicable ATTEST: Not Applicable (SEAL) (Surety) Secretary 760' . Orchard Road, Suite 330 South ness as to Surety Sarah Brown By 6550 S. County Road 5 (Address) Fort Collins, CO 80528 (Address) Greenwood Village, CO 80111 Attorney -in -Fact Florietta Acosta P.O. Box 712 (Address) Des Moines, IA 50306 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 Departments most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID NO B1800045 Page 40 /EMC P.O. Box 712 • Des Moines, Iowa 50306-0712 INSURANCE POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation 7. Hamilton Mutual Insurance Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint: TODD BENGFORD, DONALD E. APPLEBY, MARK SWEIGART, SARAH BROWN, FLORIETTA ACOSTA, SUSAN J, LATTARULO, LEEANNE MEAUX its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute the Surety Bond: ANY AND ALL BONDS and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire April 1, 2021, unless sooner revoked, AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attorney -in -fact at any time and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of -attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company, The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of -attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 28th day of March, 2018. Seals tip KATHY LOVERIDOE October 10, 2019 Bruce G. Kelley, chairman of Companies 2, 3, 4, 5 & 6; President of Company 1; Vice Chairman and CEO of Company 7 Todd Srtrather Vice President On this 28'" day of March, 2018 before me a Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Todd Strother, who, being by me duly sworn, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and/or Vice President, respectively, of each of the Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Todd Strother, as such officers, acknowledged the execution of said instrument to be their voluntary act and deed, and the voluntary act and deed of each of the Companies. My Commission Expires October 10, 2019. � Notary Pubs irn and for the State Iowa CERTIFICATE I, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on 28"' day of March, 2018, are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of Vice President 7838 (4-17) "For verification of the authenticity of the Power of Attorney you may call (515) 345-2689." BID REQUEST NO. B1800045 WELD COUNTY DEPARTMENT OF PUBLIC WORKS CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR 2018 BRIDGE REHABILITATIONS PROJECT May 2018 Weld County Public Works Division of Engineering P.O. Box 758 1111 H Street Greeley, Colorado 80632 970-304-6496 TABLE OF CONTENTS The following checked forms and provisions take precedence over plan drawings and supplement the 2017 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) which is to be used to administer the construction of this project. BIDDING REQUIREMENTS: *All Bidders must submit these forms with their Bid. Invitation for Bids 3 Instructions to Bidders 4-15 *Bid Proposal 16-17 *Bid Schedule 18-19 *Receipt of Addendum 20 *Bid Bond 21-22 *IRS Form W-9 23 *Statement of Qualifications and Subcontractors 24-27 WELD COUNTY CONTRACT FORMS: *Low Bidder must submit these forms prior to Contract Award. *Notice of Award 28 *Agreement 29-36 *Performance Bond 37-38 *Labor and Materials Payment Bond 39-40 Notice to Proceed 41 Change Order 42 Certificate of Substantial Completion 43 Lien Waiver (General Contractor) 44 Final Lien Waiver (Subcontractors) 45 Notice of Final Acceptance 46 WELD COUNTY PROJECT SPECIAL PROVISIONS: Special Provisions Index 47 Project Special Provisions 49-68 APPENDIX Bridge Locations Map (one sheet) Bridge Sketches and Dimensions (two sheets) Asphaltic Plug Expansion Joint Detail Sheet (one sheet) BID NO B1800045 Page 2 REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: May 30, 2018 BID NUMBER: B1800045 DESCRIPTION: 2018 Bridge Rehabilitations MANDATORY PRE -BID CONFERENCE DATE: June 7, 2018 BID OPENING DATE: June 21, 2018 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller/Purchasing Director (collectively referred to herein as, "Weld County"), wishes to purchase the following: 2018 BRIDGE REHABILITATIONS The project in general consists of Expansion Joint Replacement for Bridge 28/23A and Bridge 54/13A. This work includes removal of existing asphalt on the bridges and approach roadways, and placement of new asphalt. A mandatory pre -bid conference will be held at 10:00 AM, on Thursday, June 7, 2018 at the Weld County Public Works Building. The Public Works Building is located at 1111 H Street in Greeley. Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. Bids for the above stated services will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley CO 80631 until: Thursday, June 21, 2018 at 10:00 AM. PAGES 1 -15 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1- 15 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 15. 2. INVITATION TO BID: Weld County requests bids for the purchase of the above -listed services. Bids shall include any charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. Merchandise and/or equipment shall be delivered to the location(s) specified herein. BID NO B1800045 Page 3 You can find information concerning this request at two locations: On the Weld County Purchasing website at http://www.co.weld.co.us/Departments/Purchasing/index.html located under "Current Requests". And, on the Bidnet Direct website at www.bidnetdirect.com. Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Delivery to Weld County — 2 methods: 1. E-mail: Bids may be e -mailed to: bids@weldgov.com.E-mailed bids must include the following statement on the e-mail: "I hereby waive my right to a sealed bid". An e-mail confirmation will be sent when we receive your bid/proposal. 2. Mail or Hand Delivery: Mailed or hand -delivered bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150 O Street, Room #107 Greeley, CO 80631. Please call Purchasing at 970-400-4222 or 4223 if you have any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to the bid of the individual signing. When requested by the Weld County Controller/Purchasing Director, satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bids may be withdrawn upon written request to and approval of the Weld County Controller or Purchasing Manager; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1., entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller or Purchasing Manager for the premature opening of a bid not properly addressed and identified. BID NO B1800045 Page 4 In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. Weld County reserves the right to reject any bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. Terms Defined: Terms used in these instructions to Bidders and elsewhere throughout the Contract Documents are defined in the General Provisions, CDOT, Standard Specification for Road and Bridge Construction, Section 101. Qualification of Bidders: Qualification statements may be required to be completed by Bidders. If requested by Weld County, a Statement of Qualifications will be completed for the Subcontractors listed by the Contractor within 72 hours of the request. Failure to submit qualifications may be cause for rejection of Bids. The Owner shall consider the following criteria in evaluating the Bidder's qualifications following the opening of Bids: Experience and performance records on similar work. Ability to complete the Work within the Contract Time. Familiarization with the Work: Before submitting his Bid, each prospective Bidder shall familiarize himself with the Work, the site where the Work is to be performed, local labor conditions and all local, state and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. He shall carefully correlate his observations with requirements of the Contract Documents and Drawings and otherwise satisfy himself of the expense and difficulties attending performance of the Work. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this paragraph. Interpretation of Contract Documents to Prospective Bidders: Any prospective Bidder who discovers ambiguities or is in doubt as to the true meaning of any part of the Contract Documents or Drawings shall make a request to the Engineer for an interpretation thereof. Interpretations will be made only by Addenda, duly issued, and copies of each Addendum will be mailed or delivered to each Contract Document holder of record. Unless approved by the Controller or Purchasing Manager, no interpretation Addenda will be issued within the last seven (7) days before the date set for opening of Bids. The Bidder shall be solely responsible for any interpretation of the Contract Documents or Drawings other than by duly issued Addenda. Preparation of the Bid: Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Bids by partnerships must be executed in the partnership name and signed by a partner. Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Names of all persons signing must be printed below their signatures. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. BID NO B1800045 Page 5 Modification or Withdrawal of Bid: Bids may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed, and delivered to the place where Bids are to be submitted at any time prior to the final time set for receiving Bids. Bidders may modify or withdraw Bids by electronic communication at any time prior to the time set for receiving Bids provided the instruction is positively identified. Any electronic modification should not reveal the amended Bid price, but should provide only the addition, subtraction or modification. A duly executed document confirming the electronic modification shall be submitted within three days after Bids are opened. The Controller or Purchasing Manager may at their sole discretion, release any Bid at any time. 4. AWARD AND EXECUTION OF CONTRACT Basis of Award: Only firm Bids will be considered. The award of the Contract, if it is awarded, will be to the lowest responsible bidder whose Bid compares favorably upon evaluation with other Bids. Weld County intends to award the Contract to the lowest responsible Bidder within the limits of funds available and to best serve its interests. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. Evaluation of Bids: The evaluation of Bids will include consideration of Subcontractors and suppliers. All Bidders shall submit a list of all Subcontractors he expects to use in the Work with the Bid. The experience statement with pertinent information on similar Projects shall be furnished with the name of each Subcontractor proposed to perform work on the project. The use of Subcontractors listed by the Bidder and accepted by County prior to the Notice of Award will be required in the performance of the Work. All Bidders shall submit with their Bid a list of the suppliers as indicated in the Bid Forms. Contract Execution: The successful Bidder shall be required to execute the Contract and to furnish the Performance Bond, Labor & Materials Payment Bond and Certificate of Insurance within ten (10) calendar days of receipt of the Notice of Award. The Certificate of Insurance shall name Weld County as additional insured. Failure to execute the contract and furnish the required paperwork within the time frame mentioned above shall be just cause for the annulment of the Award and, in the event of such annulment, the Award may then be made to another Bidder, or the County may reject all Bids or call for other Bids. The County, within ten (10) days of receipt of acceptable Performance Bid, Labor & Materials Payment Bond, and signed Contract from the successful Bidder will issue the Notice to Proceed. In submitting the bid, the bidder agrees that the signed bid submitted, all the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), the successful bidder's response, and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. PERFORMANCE, LABOR, MATERIAL AND PAYMENT BOND The successful Bidder shall be required to execute the Performance Bond and Labor & Materials Payment Bond in the amount of 100% of the Contract plus the value of the force account items, covering the faithful performance of the Contract and the payment of all obligations arising there -under. The Bonds shall be executed on the forms included with the Contract Documents by a surety company authorized to do business in the State of Colorado. BID NO B1800045 Page 6 6. INDIRECT COSTS Governmental Fees: The cost of all construction licenses, building and other permits, and governmental inspections required by public authorities for performing the Work, which are applicable at the time Bids are opened and which are not specified to be obtained by the County, shall be included in the Bid price. Royalties: The cost of all royalties and license fees on equipment and materials to be furnished and incorporated in the Work shall be included in the Bid price. Utilities: Unless otherwise specified, the Bidder shall include in his Bid the cost of all electrical, Tiger', gas, telephone, and similar facilities and services required by him in performing the Work. Cash Allowances: The Bidder shall include in his Bid such sums as he deems proper for overhead costs and profits on cash allowances named in the Bid Documents. 7. SITE CONDITIONS Familiarization with the Site: The prospective Bidder shall by careful examination, satisfy himself of the following: Nature and location of the site where the Work is to be performed. Character, quality, and quantity of surface and subsurface materials, water, structures and utilities to be encountered. Character of construction equipment and facilities needed for performance of the Work. General local conditions. Availability of lands as set forth in the General Conditions. Access to the Site: The Bidder shall carefully review the Drawings and the Project Special Provisions concerning access to the site during performance of the Work. The Bidder shall carefully review the locations of the site where the work is to be performed. The Bidder shall make all arrangements, as deemed necessary, for access to property outside of County Right of Way, prior to beginning the work. 8. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State BID NO B1800045 Page 7 of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 9. GENERAL PROVISIONS A. Fund Availability: Financial obligations of the Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Confidential Information: Confidential information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with public records, and cannot guarantee the confidentiality of all documents. If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will withhold any information which is clearly marked CONFIDENTIAL and submitted separately. Weld County staff will not be responsible for redacting or identifying BID NO B1800045 Page 8 Confidential information which is included within the body of the bid and not separately identified. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. BID NO B1800045 Page 9 I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall 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. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, the successful bidder's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful BID NO B1800045 Page 10 bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty, 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 foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project. P. Non -Assignment. The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest— C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any 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 the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. BID NO B1800045 Page 11 U. Compliance with Davis -Bacon Wage Rates. N/A. V. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners. W. Compensation Amount. Upon the successful bidder'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 the amount of the accepted bid. The successful bidder acknowledges no payment more 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. County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 10. INSURANCE REQUIREMENTS General Requirements: Successful bidders/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. Successful bidders/Contract Professionals shall keep the required insurance coverage in force always during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing Director 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 more than a deductible or self -insured retention, County must be notified by the Successful bidder/Contract Professional. Successful bidder/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder/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 coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder/Contract Professional 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 BID NO B1800045 Page 12 Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its 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 successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder/Contract Professional shall obtain, and maintain always 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 the successful bidder'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 successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Employers Liability) Statutory $ 500,000 $ 500,000 $ 500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, BID NO B1800045 Page 13 blanket contractual liability, personal injury, liability assumed under an insured contract (including defense costs assumed under contract, designated construction projects(s) general aggregate limit, ISO CG 2503 or equivalent additional insured —owners, lessees or successful bidders endorsement, ISO Form 2010 or equivalent, additional insured —owners, lessees or successful bidders endorsement, ISO CG 2037 or equivalent, 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 Successful bidder, 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 $500,000 errors and omissions. $5,000 Medical payments one person Automobile Liability: Successful bidder/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. For all 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 services were provided. Successful bidders/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force always during the term of the Agreement, 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 successful bidder/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, Successful bidder/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder/Contract Professional's insurer shall waive subrogation rights against County. BID NO B1800045 Page 14 Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Successful bidder/Contract Professional. Successful bidder/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. Successful bidder/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. Successful Bidders Pollution Liability: Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the operations of the successful bidder described in the Successful bidder's scope of services. Policy shall cover the successful bidder's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the successful bidder warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. The policy shall be endorsed to include the following as Additional Insureds: "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 Successful bidder, including completed operations". Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 1,000,000 The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID NO B1800045 Page 15 BID PROPOSAL To: Weld County Purchasing Department P.O. Box 758, 1150 "O" Street Greeley, Colorado 80632 Attention: Rob Turf, Purchasing Manager Bid Proposal for: 2018 BRIDGE REHABILITATIONS PROJECT PROPOSAL Pursuant to and in full compliance with all Contract Documents the undersigned Bidder hereby proposes to furnish all labor and materials and to perform all Work required for the complete and prompt execution of everything described or shown in or reasonably implied from the Bidding Documents, including the Drawings and Specifications, for the Work above indicated for the monies indicated below which includes all State, County and local taxes normally payable with respect to such Work. The amounts stated include all allowances for profit and overhead, taxes, fees and permits, transportation, services, tools and equipment, labor and materials and other incidental costs. The Bidder and all Sub -Bidders shall include in their bid all Sales and Use Tax if applicable. State of Colorado and Weld County tax shall not be included. Upon application, the State of Colorado Department of Revenue shall issue to a Bidder or Sub -Bidder a Certificate or Certificates of Exemption indicating that the purchase of construction or building materials is for a purpose stated in Section 39-26-114, CRS, and is free from Colorado State Sales Tax. EXAMINATION OF DOCUMENTS AND SITE The Bidder has carefully examined the Bidding Documents, including the Drawings and Specifications, and has examined the site of the Work, to fully appraise himself of the conditions at the site and to gain a clear understanding of the Work to be executed and is thoroughly familiar with all local, state and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. PROPOSAL GUARANTEE This Bid Proposal is accompanied by the required Bid Bond of five percent (5%) based upon the Total Cost of all items required to be Bid. Weld County, Colorado is authorized to hold said Bid Bond for a period of not more than sixty (60) days after the opening of the Bids for the Work indicated, unless the undersigned Bidder is awarded the Contract within said period, in which event the Owner may retain said Bid Bond until the undersigned Bidder has executed the required Agreement and furnished the required Performance Bond, Labor & Materials Payment Bond, and Certificates of Insurance. TIME OF COMPLETION The Bidder agrees to complete the Project as soon as possible and within the time specified in the Project Special Conditions after the issuance of the Notice to Proceed subject to the CDOT Standard Specifications for Road and Bridge Construction, Section 108. BID NO B1800045 Page 16 EXECUTION OF DOCUMENTS The Bidder understands that if this Bid Proposal is accepted, he must execute the required Agreement and furnish the required Performance Bond, Labor & Materials Payment Bond and Insurance Certificates within ten (10) days from the date of Notice of Award. METHOD OF AWARD The Owner reserves the right to reject any Bid from any Bidder whom the Owner deems is unfit or unqualified to complete the Work as specified regardless of the amount of the Bid. It is understood by the Bidder that Bids shall be awarded and that should the cost of the Bid exceed budgeted funds, the Owner reserves the right to reject any or all Bids or portions of Work Bid or the use of any of the methods stated in the Instructions to Bidders to obtain the most advantageous Bid price. All bids will be reviewed by the Owner and Engineer. For any discrepancy between words and figures; the words will control. All mathematics will be checked and the correct total used for determining the low bidder. BID NO B1800045 Page 17 ITEM NO. BID SCHEDULE: BRIDGE 28/23A UNIT BID QUANTITY UNIT PRICE (WRITTEN WORDS) UNIT PRICE (DOLLARS) TOTAL PRICE (DOLLARS) ITEM DESCRIPTION 202 REMOVAL OF ASPHALT MAT (PLANING) SY 1500 $ $ 203 UNCLASSIFIED EXCAVATION CY 50 $ $ 304 AGGREGATE BASE COURSE (CLASS 6) CY 50 $ $ 403 HMA (GRADING S) (100) (PG64-28) TON 400 $ $ 518 EXPANSION JOINT (ASPHALTIC PLUG) LF 256 $ $ 626 MOBILIZATION LS 1 $ $ 630 TRAFFIC CONTROL - LANE CLOSURE DAY 10 $ $ Bridge 28/23A Total Bid (Dollars) $ BID NO B1800045 Page 18 ITEM NO. BID SCHEDULE: BRIDGE 54/13A UNIT BID QUANTITY UNIT PRICE (WRITTEN WORDS) UNIT PRICE (DOLLARS) TOTAL PRICE (DOLLARS) ITEM DESCRIPTION 202 REMOVAL OF ASPHALT MAT (PLANING) SY 1,500 $ $ 203 UNCLASSIFIED EXCAVATION CY 100 $ $ 304 AGGREGATE BASE COURSE (CLASS 6) CY 100 $ $ 403 HMA (GRADING S) (100) (PG64-28) TON 400 $ $ 518 EXPANSION JOINT (ASPHALTIC PLUG) LF 114 $ $ 626 MOBILIZATION LS 1 $ $ 630 TRAFFIC CONTROL - LANE CLOSURE DAY 10 $ $ Bridge 54/13A Total Bid (Dollars) $ F/A Force Account Minor Contract Revisions $ 15,000.00 TOTAL BID AMOUNT (2 BRIDGES) $ BID NO B1800045 Page 19 RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. Date: By: Addendum No. Date: By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. SIGNATURES: Dated this day of , 2018. FIRM NAME: BY: TITLE: BIDDER'S LEGAL SIGNATURE: STATE OF INCORPORATION: ADDRESS: TELEPHONE NO: ATTEST: BID NO B1800045 Page 20 BID BOND 2018 BRIDGE REHABILITATIONS PROJECT KNOW ALL MEN BY THESE PRESENTS, that as Principal, and as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of Dollars ($ ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated , 2018 for the 2018 BRIDGE REHABILITATIONS PROJECT as set out in the accompanying Bid. WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform. NOW THEREFORE, if the principal shall, within the period specified therefore: A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B. Withdraw said Bid within the time specified, or C. Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this day of , 2018 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing board. Principal Address ATTEST: By: By: Surety ATTEST: By: Address BID NO B1800045 Page 21 INSTRUCTIONS The full firm name and residence of each individual party to the bond must be inserted in the first paragraph. If the principal is a partnership, the full name of all partners must be inserted in the first paragraph which must recite that they are partners composing the partnership (to be named), and all partners must execute the bond as individuals. The state of incorporation of each corporate party to the bond must be inserted in the first paragraph and the bond must be executed under the corporate seal of said party attested by its secretary or other authorized officer. Power of Attorney must accompany this bond when signed by other than an officer of either the principal or surety. A standard printed bond form may be used in lieu of the foregoing form provided that the security stipulations protecting the Owner are not in any way reduced by use of such standard printed bond form. BID NO B1800045 Page 22 Form f` -V {Rev October 2007, Request for Taxpayer Identification Number and Certification Give form to the requester. Do not send to the IRS. or m is a c O m e Name ras shown on your income tax return) Business namerf different from above Check appropriate box Individual/Sole proprietor Corporation -J Partnership Limited liability company Enter the tax classification )D=disregarded entity, C=corporation. Pquortnership) ► byy ... e! ace Address 'number streetand apt. or suite no.) E City. state. and ZIP code ist account number{s) here (optional) Exempt payee Requester's name and address (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box The TIN provided must match the name given on Line I to avoid backup withholding. For individuals. this is your social security number (SSN}. However, for a resident alien sole propnetor, or disregarded entity, see the Part I instructions on page 3 For other entities, it is your employer identification number (EIN) If you do not have a number see How to got a Mon page 3 Note. If the account is in more than one name. see the chart on page 4 for guidelines on whose number to enter Social security number or Employer identification number Part II Certification Under penalties of perjury. I certify that 1 The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me). and 2 I am not subject to backup withholding because. (a) I am exempt from backup withholding. or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding. and 3 I am a U S citizen or other U S person (defined below) Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest sod dividends on your tax return For real estate transactions. item 2 does not apply For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt. contributions to an individual retirement arrangement iORA). and generally payments other than interest and dividends you are not required to sign the Certification, but you must provide your correct TIN See the instructions on page 4 Sign signature of Here '' U.S. person I. Date ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report. fa example. income paid to you. real estate transactions mortgage interest you paid. acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA Use Form W-9 only if you are a U.S. person (including a resident alien). to provide your correct TIN to the person requesting it (the requester) and. when applicable, to. 1. Certify that the TIN you are giving is correct (Or you are waiting for a number to be Issued). 2 Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U S exempt payee If applicable, you are also certifying that as a U S person your allocable share of any partnership income from a U.S trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income Note. If a requester gives you a form other than Form W-9 to request your TIN you must use the requester's form if it is substantially similar to this Form W-9 Definition of a U.S. person. For federal tax purposes, you are considered a U S person it you are. • An individual who is a U S citizen or U S resident alien. • A partnership corporation company, or association created or organized in the United States or under the laws of the United States. • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301 7701-7) Special rules for partnerships. Partnerships that conduct a trade or business In the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore. if you are a U.S person that is a partner in a partnership conducting a trade or business in the United States. provide Form W-9 to the partnership to establish your U.S status and avoid withholding on your share of partnership income The person who gives Form W-9 to the partnership for purposes of establishing its U S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business In the United States is in the following cases. • The U S owner of a disregarded entity and not the entity. Cat No 10231X Form W-9 iRev 10-200Ti BID NO B1800045 Page 23 STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable, responsible and qualified bidder as determined by the County. 1. Name of Bidder (Company or Firm): 2. Permanent main office address: Phone Number: Fax Number: 3. Year Company was organized: 4. Number of years this Company has been engaged similar construction: Under what firm, company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work? 5. List all projects that the Company has under contract now. Show the contract amount and the anticipated date of completion for each: $ 6. List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. 7. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. BID NO B1800045 Page 24 9. List all contracts within the last 3 years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. 10. Has any owner, as party to any of the Company's contracts within the last 3 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc., or attempted to have the performance bond invoked? If yes, explain in detail. 11. Describe all contracts that the Company failed to complete. 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. 13. List all or a maximum of three (3) of the most recent projects, like the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction now. List the project name, location, project superintendent, owner's representative and phone number, date completed and contract amount for each project. Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: BID NO B1800045 Page 25 Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: 14. List all the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15% OR MORE OF THE WORK. SUBCONTRACTOR WORK DESCRIPTION % OF WORK 15. List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc. NAME YRS. PERTINENT TITLE EXPERIENCE 16. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. BID NO B1800045 Page 26 The undersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this day of , 2018. Bidder: Company By: Signature Name: (Please Type) Title: NOTARY County of ) ss. State of being duly sworn, deposes and says that he is of , and (Title) (Company Name) that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this day of , 2018. (SEAL) Commission Expires Notary Public BID NO B1800045 Page 27 NOTICE OF AWARD 2018 BRIDGE REHABILITATIONS PROJECT To: Project Description: The project in general consists of construction of improvements for two (2) existing bridges. Specific work items include: asphalt milling, asphalt paving, expansion joint replacement, mobilization, and traffic control. The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of $ oras shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish the required Performance Bond, Payment Bond and Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this day of , 2018 Weld County, Colorado, Owner By Michael Bedell, P.E., Senior Engineer ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this day of , 2018 By: Title: BID NO B1800045 Page 28 WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY AND 2018 BRIDGE REHABILITATIONS PROJECT THIS AGREEMENT is made and entered into this day of 2018, 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 , [an individual], [a limited liability partnership] [a limited liability company] [a corporation] whose address is , hereinafter referred to as "Contractor". 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. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B1800045". The RFB contains all the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. WITNESSETH: WHEREAS, 2018 Bridge Rehabilitations Project needs construction services, (hereinafter referred to as the "Project", and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the permanent repair of this road OR bridge, and WHEREAS, County requires an independent contract construction professional to perform the Construction Services required by County and set forth in Exhibit A; and WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Construction Services at the cost specifically set forth in Exhibit B: NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Components of Agreement: 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. Contractor acknowledges that Exhibit A contains highly important forms and/or documents, some of which must be completed after the execution of this Agreement, and further acknowledges that those forms requiring completion by Contractor shall be completed to the satisfaction of County at the time and in the manner required by County. Contractor further acknowledges that a failure to comply with any of the requirements of Exhibit A and B may result in County's decision to withhold payment. BID NO 81800045 Page 29 2. Work to be Performed. Contractor, under the general direction of, and in coordination with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"), agrees to perform the services described on attached Exhibits A and B. Contractor agrees that during the term of this Agreement, it shall fully coordinate its construction services with County and/or any other person or firm under contract with the County doing work or providing services which affect Contractor's services. 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 Agreement. Contract 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. In no event shall this Agreement continue beyond one year from County's execution of the Agreement unless the parties specifically agree to a continuation in writing. 4. 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 the amount of $ , set forth in Exhibit B. Contractor acknowledges no additional payment 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 more 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. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. 5. Additional Work. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by Contractor for adjustment hereunder must be made in writing prior to the performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement. 6. 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 because 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 BID NO B1800045 Page 30 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 about 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), and (b) provide proof thereof when requested to do so by County. 7. 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 about the performance of this Agreement, if 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 about this Agreement without prior written approval of County. 8. Termination Provisions. A. 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 Manager. B. 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 Manager approves in writing which he 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, C. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County and 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. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." D. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County because of such termination or because of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. BID NO B1800045 Page 31 9. 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 shall faithfully perform the work in accordance with the standards of care, skill, training, diligence and judgment provided by highly competent individuals and entities that perform services of a similar nature to those described in this Agreement. Contractor further represents and warrants that: A. All construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards. B. All construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period during which Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 10. 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 and incidental material(s) 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. 11. Insurance and Indemnification. Contractor stipulates that it has met the insurance requirements identified in Exhibit A. Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services rendered by Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Contractor shall defend, indemnify and save harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character brought because of Contractor's acts, errors or omissions in seeking to perform its construction obligations under this Agreement. 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 Contractor in its construction methods or procedures, or through use of unacceptable materials and/or materials not identified in Exhibits A and B; or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. County may retain as much of any moneys due Contractor under any this Agreement as may be determined by it to be in the public interest. By execution of this Agreement, Contractor has agreed to secure and maintain the insurance required by the terms of Exhibit A. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. BID NO B1800045 Page 32 12. 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. 13. Time of the Essence. Time is of the essence in each and all the provisions of this Agreement. 14. Examination of Records. Contractor agrees that any duly authorized representative of County, including the County Auditor, shall, until the expiration of five (5) years after the final payment under this Agreement, 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. 15. 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. 16. Notices. Any notice required to be given under this Agreement shall be in writing and shall be mailed or delivered to the other party at that party's address as stated above. 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. 17. 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. 18. 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. 19. 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. 20. 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. BID NO B1800045 Page 33 21. 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 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. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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. 27. 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 shall perform work under this Agreement and shall confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement through participation in the E -Verify Program or the State program established pursuant to CRS §8-17.5- 102(5)(c), Contractor shall not knowingly employ or subcontract with an illegal alien to perform BID NO B1800045 Page 34 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 (a) shall not use E -Verify Program or State program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed, (b) shall notify the subcontractor and County within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this Agreement, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State program, Contractor shall deliver to County, a written, notarized affirmation, affirming that County has examined the legal work status of such employee, and shall comply with all the other requirements of the State program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., County may terminate this Agreement for breach and, if so terminated, Contractor shall be liable for damages. 28. 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. 29. Compliance with Davis -Bacon Wage Rates. N/A 30. 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. BID NO B1800045 Page 35 SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have approved this Agreement this day of , 2018. CONTRACTOR: By: Date Name: Title: WELD COUNTY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Steve Moreno, Chair Weld County Clerk to the Board BY: Deputy Clerk to the Board BID NO B1800045 Page 36 PERFORMANCE BOND 2018 BRIDGE REHABILITATIONS PROJECT KNOW ALL MEN BY THE PRESENTS; that (Name and Address of Contractor) hereinafter called Contractor, and a (Corporation, Partnership, or Individual) (Name of Surety) (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 Dollars, ($ ), 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 day of hereto attached and made a part hereof for the construction of: 2018 BRIDGE REHABILITATIONS PROJECT, Bid No. B1800045 , 2018, a copy of which is 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. 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. BID NO B1800045 Page 37 PERFORMANCE BOND 2018 BRIDGE REHABILITATIONS IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of 2018. Contractor By (Contractor) Secretary (SEAL) (Witness as to Contractor) (Address) (Address) ATTEST: (Surety) Secretary (SEAL) By Witness as to Surety Attorney -in -Fact (Address) (Address) 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 B1800045 Page 38 LABOR & MATERIALS PAYMENT BOND 2018 BRIDGE REHABILITATIONS PROJECT KNOW ALL MEN BY THE PRESENTS; that (Name and Address) hereinafter called Contractor, and a (Corporation, Partnership, or Individual) (Name of Surety) (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 the Owner, in the penal sum of Dollars, ($ ), 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 day of 2018, a copy of which is hereto attached and made a part hereof for the construction of: 2018 BRIDGE REHABILITATIONS PROJECT, Bid No. B1800045. 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. 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. BID NO B1800045 Page 39 LABOR & MATERIALS PAYMENT BOND 2018 BRIDGE REHABILITATIONS PROJECT IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of , 2018. Contractor By (Contractor) Secretary (SEAL) (Witness as to Contractor) (Address) (Address) ATTEST: (Surety) Secretary (SEAL) By Witness as to Surety Attorney -in -Fact (Address) (Address) 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 B1800045 Page 40 NOTICE TO PROCEED 2018 BRIDGE REHABILITATIONS PROJECT To: Date: Name of Project: 2018 BRIDGE REHABILITATIONS PROJECT described in the Invitation for Bids, Bid No. B1800045. You are hereby notified to commence Work in accordance with the Agreement dated The date of completion of all Work is therefore Weld County, Colorado, Owner By Michael Bedell, P.E., Senior Engineer ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: (Contractor) Dated this day of , 2018. By Title BID NO B1800045 Page 41 CHANGE ORDER NO. (EXAMPLE) 2018 BRIDGE REHABILITATIONS PROJECT Date: Project: 2018 BRIDGE REHABILITATIONS PROJECT described in the Bid No. B1800045. Owner: Weld County, Colorado Contractor: The following change is hereby made to the Contract Documents: CHANGE TO CONTRACT PRICE: Original Contract Price: Current Contract Price adjusted by previous Change Order: The Contract Price due to this Change Order will be increased by: The new Contract Price, including this Change Order, will be: CHANGE TO CONTRACT TIME: The Contract Time will be increased by calendar days. The date for completion of all Work will be RECOMMENDED: Owner Representative: Date: Engineer: Date: APPROVALS: Contractor: Date: BID NO B1800045 Page 42 CERTIFICATE OF SUBSTANTIAL COMPLETION 2018 BRIDGE REHABILITATIONS PROJECT Owner's Project No: B1800045 Engineer's Project No: AN -1 Project: 2018 BRIDGE REHABILITATIONS PROJECT described in the Bid No. B1800045 Contractor: Contract For: 2018 BRIDGE REHABILITATIONS PROJECT Contract Dated: This Certificate of Substantial Completion applies to all Work under the Contract Documents except for the following specified parts thereof: The Work to which this Certificate applies has been inspected by authorized representatives of the Owner, Contractor and Engineer, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on Date of Substantial Completion A list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of the Contractor to complete all the Work in accordance with the Contract Documents. The items in the list shall be completed or corrected by the Contractor within 7 days of the above date of Substantial Completion. To be effective, this form must be signed by the Owner, the Engineer, and the Contractor. Owner: Date: _ Engineer: Date: Contractor: Date: BID NO B1800045 Page 43 LIEN WAIVER (GENERAL CONTRACTOR) 2018 BRIDGE REHABILITATIONS PROJECT TO: Weld County Public Works Attn: Michael Bedell, P.E., Senior Engineer P.O. Box 758 Greeley, Colorado 80632 Gentlemen: For a valuable consideration paid by the Board of County Commissioners of Weld County, the receipt and sufficiency of which is hereby acknowledged, the undersigned hereby, releases unto Weld County and to its heirs, executors, administrators or assigns, all rights of the undersigned to claim a mechanic's lien for material heretofore furnished for use in and for labor heretofore performed upon the construction, alteration, addition to or repair of the structures or improvements described in the Contract Documents as: Project: 2018 BRIDGE REHABILITATIONS PROJECT described in the Bid No. B1800045 Contractor: (If no legal description is shown following the description of Project, we acknowledge that the foregoing is an adequate description of the real properties and improvements inasmuch as the foregoing is the description given in the Contract Documents which govern the performance of the Work for which consideration has been received.) In executing this release, we certify that all claims for labor, or materials, or both, furnished or performed on our behalf by our material suppliers or subcontractors have been paid or that satisfactory arrangement for payment has been made. We agree to defend Weld County from all claims on the part of our material suppliers, laborers, employees, servants and agents or subcontractors arising from our Work on the Project, and we further agree to reimburse the Board of County Commissioners of Weld County for any and all costs, including reasonable attorney fees, which they may incur as a result of such claims. Contractor By: Title: Date: STATE OF ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 2018, by My commission expires: Notary Public BID NO B1800045 Page 44 FINAL LIEN WAIVER (SUBCONTRACTORS) 2018 BRIDGE REHABILITATIONS PROJECT To All Whom It may Concern: WHEREAS, the undersigned has been employed by (A) to furnish labor and materials for (B) work, under a contract (C) for the improvement of the premises described as (D) County of , State of of which is the Owner. NOW, THEREFORE, this day of , 2018, for and in consideration of the sum of (E) Dollars paid simultaneously herewith, the receipt whereof is hereby acknowledged by the undersigned, the undersigned does hereby waive and release any lien rights to, or claim of lien with respect to and on said above described premises, and the improvements thereon, and on the monies or other considerations due or to become due from the Owner, on account of labor, services, material, fixtures, apparatus or machinery heretofore or which may hereafter be furnished by the undersigned to or for the above described premises by virtue of said contract. (F) (SEAL) (Name of sole ownership, corporation or partnership) (Affix Corporate seal here) (SEAL) (Signature of Authorized Representative) Title: INSTRUCTIONS FOR FINAL WAIVER (A) Person or firm with whom you agreed to furnish either labor, or services, or materials, or both. (B) Fill in nature and extent of work; strike the word labor or the word materials if not in your contract. (C) If you have more than one contract on the same premises, describe the contract by number if available, date and extent of work. (D) Furnish an accurate enough description of the improvement and location of the premises so that it can be distinguished from any other property. (E) Amount shown should be the amount received and equal to total amount of contract as adjusted. (F) If waiver is for a corporation, corporate name should be used, corporate seal affixed and title of officer signing waiver should be set forth; if waiver is for a partnership, the partnership name should be used, partner should sign and designate himself as partner. BID NO B1800045 Page 45 NOTICE OF FINAL ACCEPTANCE 2018 BRIDGE REHABILITATIONS PROJECT TO: Date: RE: 2018 BRIDGE REHABILITATIONS PROJECT described in the Bid No. B1800045. This is to inform you that the above referenced job, has been satisfactorily completed in accordance with the Contract Documents and is hereby accepted. Final payment will be made on or about Final acceptance does not relieve the Contractor of the minimum one (1) year guarantee on all work and materials incorporated into this Project. Such guarantee shall begin on the date of this acceptance. Weld County, Colorado, Owner By: Michael Bedell, P.E., Senior Engineer ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: (Contractor) Dated this day of , 2018. By Title BID NO B1800045 Page 46 SPECIAL PROVISIONS WELD COUNTY PUBLIC WORKS DEPARTMENT The Colorado Department of Transportation 2017 Standard Specifications for Road and Bridge Construction controls construction of this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. PROJECT SPECIAL PROVISIONS INDEX Date Page Notice to Bidders (May 2018) 48 Commencement and Completion of Work (May 2018) 49 Revision of Section 101 — Definition of Terms (May 2018) 50 Revision of Section 104 — Scope of Work (May 2018) 51-53 Revision of Section 105 — Roadway Smoothness (May 2018) 54 Revision of Section 107 — Legal Relations/Public Responsibility (May 2018) 55-57 Revision of Section 202 — Removals (May 2018) 61 Revision of Section 203 — Unclassified Excavation (May 2018) 62 Revision of Section 304 — Aggregate Base Course (May 2018) 63 Revision of Section 403 — Hot Mix Asphalt (May 2018) 64 Revision of Section 518 - Expansion Joints (May 2018) 65 Construction Traffic Control (May 2018) 66 Force Account Items (May 2018) 67 Utilities Coordination (May 2018) 68 APPENDIX Bridge Locations Map (1 Sheet) Bridge Sketches and Dimensions (2 Sheets) Expansion Joint Detail (1 Sheet) BID NO B1800045 Page 47 NOTICE TO BIDDERS The proposal guaranty shall be a certified check, cashier's check, or bid bond in the amount of 5 percent (5%) of the Contractor's total bid. Pursuant to subsections 102.04 and 102.05, it is recommended that bidders on this project review the work site and plan details. Information regarding the project may be obtained from the following authorized representatives. Michael Bedell, P.E. Senior Engineer Weld County Public Works Department 1111 H Street Greeley, CO 80632 Office Phone: 970-304-6496, ext. 3706 Don Dunker, P.E. County Engineer Weld County Public Works Department 1111 H Street Greeley, CO 80632 Office Phone: 970-304-6496, ext. 3749 The above referenced individuals are the only representatives with authority to provide any information, clarification, or interpretation regarding the plans, specifications, and any other contract documents or requirements. BID NO B1800045 Page 48 COMMENCEMENT AND COMPLETION OF WORK The Contractor shall commence work under the Contract as required in the "Notice to Proceed" letter and will complete all work within 45 Calendar Days unless the period for completion is extended otherwise by the County. Salient features to be shown on the Contractor's Progress Schedule are: 1.) Mobilization dates for each bridge site. 2.) Traffic Control dates for each bridge site. 3.) Asphalt Milling/Overlay dates for each bridge site. 4.) Expansion Joint Replacement dates for each bridge site. 5.) Project substantial completion date. The Contractor's progress schedule may be a Bar Chart Schedule, and shall be updated following the completion of each bridge site. Failure to submit a reasonable schedule as required may result in the County withholding payment to the Contractor. BID NO B1800045 Page 49 REVISION OF SECTION 101 DEFINITION OF TERMS Technical Specifications related to construction materials and methods for the work required under this contract shall consist of the "Colorado Department of Transportation, Standard Specifications for Road and Bridge Construction" dated 2017. Where the Project Special Provisions and the CDOT Specifications contradict one another, the more stringent specification shall apply. Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have different meanings within the scope of this Contract. A summary of redefinitions follows: Subsection 101.10: "CDOT Resident Engineer" shall mean an employee designated as such by the Weld County Public Works Department. Subsection 101.28: "Department" shall mean the Weld County Public Works Department. Subsection 101.29: "Chief Engineer" shall mean the Weld County Public Works Director or designated representative. Subsection 101.36: Holidays recognized by Weld County are: New Year's Day Washington/Lincoln Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Christmas Subsection 101.37: "Inspector" shall mean an employee designated as such by the Weld County. Subsection 101.48: "CDOT project personnel" shall mean personnel as designated by Weld County. Subsection 101.51 "Project Engineer" shall mean an employee designated as such by Weld County. Subsection 101.58: "Region Transportation Director" shall mean Weld County Public Works Director. Subsection 101.65: Roadway prism defined as toe of slope to toe of slope. Subsection 101.76: "State" shall mean Weld County. All references to State, CDOT, and the Department of Transportation shall be defined as Weld County acting directly or through its duly authorized representative or agent. END OF SECTION BID NO 61800045 Page 50 REVISION OF SECTION 104 SCOPE OF WORK Section 104 of the Standard Specifications is hereby revised for this project as follows: Delete Subsection 104.02(a) and replace as follows: It is the County's expectation to complete this project with no change orders resulting in additional cost unless such change orders are initiated by the County. Change orders for differing site conditions will be entertained by the County in the event of extraordinary circumstances. However, the County is under no obligation to approve said change orders. No cost change orders, reduction in cost change orders, and County initiated change orders may occur. The Contractor shall not be entitled to a to a change order for Differing Site Conditions. By way of example, Differing Site Conditions included but are not limited to: 1. Discovery of debris (buried or unburied within the ROVV). 2. Existing asphalt thicknesses that are different than expected. 3. Lack of on -site appropriate strength materials. 4. Increased costs due to relocations of utilities and/or oil and gas facilities. 5. Unsuitable materials excavation. During the progress of work, if extraordinary conditions are the party discovering such conditions shall promptly notify the other party in writing of the specific conditions before the site is disturbed and the affected work is performed. The Contractor shall bear the burden of proving that a Differing Site Condition is an extraordinary circumstance, and that it could not reasonably worked around the condition to avoid additional costs. Each request for a change order relating to a differing site condition shall be accompanied by a statement signed by a qualified professions setting forth all relevant assumptions made by the Contractor with respect to the condition of the Site, justifying the basis for such assumptions, explaining exactly how the existing conditions are eligible for a change order under the terms of the Contract, and stating the efforts undertaken by the Contractor to find alternative design or construction solutions to eliminate or minimize the problem and the associated costs. Upon written notifications, the Engineer will investigate the conditions, and determine if an extraordinary condition exists that will cause an increase or decrease in the cost or time required for the performance of any work under the Contract, an adjustment, excluding anticipated profits will be made and the Contract modified in writing accordingly. The Engineer will notify the Contractor of the determination if an adjustment of the Contract is warranted. No Contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice. Subsection 104.02(c) shall be revised as follows: (1) When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction. And BID NO B1800045 Page 51 REVISION OF SECTION 104 SCOPE OF WORK (2) When a major item of work is increased more than 150 percent or decreased below 50 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion more than 150 percent of original contract item quantity, or in case of a decrease below 50 percent, to the actual amount of work performed. A major item is defined to be any item having an original contract value more than 10 percent of the original contract amount. Subsection 104.05 the provisions regarding rights in and use of Materials found on the Work are replaced with the following: The Contractor shall not excavate or remove any Material from within the roadway, which is not within the grading limits, as indicated by the slope and grade lines, without authorization from the Inspector. Subsection 104.06 shall be revised to include the following: Any excess soil materials generated from excavation shall become the property of the Contractor and shall be hauled to a disposal site approved by the Weld County Inspector. Backfill areas shall be graded such that the final grades are like the final grades as described in the Contract Drawings, unless otherwise directed by the Engineer. The Contractor shall be responsible for removing all construction debris and trash from the jobsite daily. Any construction debris and trash which may be washed away shall be located, removed, and disposed of away from the site at a certified landfill location. Any petroleum products accidentally spilled or leaked shall be cleaned up and disposed of immediately. The Contractor shall be held liable for any damages resulting from the spillage or leakage of any hazardous materials channel. Subsection 104.07 paragraph 4, starting with "Net cost savings..." shall be revised as follows: Net cost savings on VECPs shall be split equally between the Contractor and Weld County as determined in the Basis of Payment section of this specification. VECPs shall be submitted prior to the start of construction activities relating to the VECP. Subsection 104.07(d)(2) shall be deleted and replaced as follows: 2. For all VECPs, the incentive payment shall be calculated as follows: (gross cost of deleted work) — (gross cost of added work) = (gross savings) (gross savings) — (Contractor's engineering costs) — (County's engineering costs) = (net savings) Contractor's total incentive = (net savings)/2 Lost opportunity shall not be considered part of the calculations. The Contractor's engineering costs will be reimbursable only for outside consultant costs that are verified by certified billings. Weld County's engineering costs shall be actual consultant costs billed to Weld County and extraordinary in-house personnel labor costs. These labor costs will be calculated at $100.00 per hour per employee. END OF SECTION BID NO B1800045 Page 52 REVISION OF SECTION 105 ROADWAY SMOOTHNESS Section 105 of the Standard Specifications is hereby revised for the project as follows: Subsection 105.07 shall include the following: Pavement surfaces shall be tested and evaluated for longitudinal smoothness using methods determined to be adequate by the Project Inspector. The pavement surface smoothness shall not be subject to any incentive/disincentive payments for roadway smoothness. END OF SECTION BID NO B1800045 Page 53 REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC Section 107 of the Standard Specifications is hereby revised for the project as follows: Subsection 107.06 shall be revised to include the following: The Contractor and any subcontractor shall not require any laborer or mechanic employed in performance of the Contract to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety, as determined under construction safety and health standards (Rules and Regulations of the Federal Occupational Safety and Health Act of 1970 (OSHA) and as amended). All facilities and work conditions shall comply with the Colorado and Local Health Department Regulations and with OSHA requirements. Add subsection 107.061 immediately following subsection 107.06 as follows: 107.061 Performance of Safety Critical Work. The following work elements are considered safety critical work for this project: The Contractor shall submit, for record purposes only, an initial detailed construction plan that addresses safe construction of each of the safety critical elements. When the specifications already require an erection plan, a bridge removal plan, or a removal of portion of bridge plan, it shall be included as a part of this plan. The detailed construction plan shall be submitted two weeks prior to the safety critical element conference described below. The construction plan shall be stamped "Approved for Construction" and signed by the Contractor. The construction plan will not be approved by the Engineer. The Construction Plan shall include the following: (1) Safety Critical Element for which the plan is being prepared and submitted. (2) Contractor or subcontractor responsible for the plan preparation and the work. (3) Schedule, procedures, equipment, and sequence of operations, that comply with the working hour limitations (4) Temporary works required: falsework, bracing, shoring, etc. (5) Additional actions that will be taken to ensure that the work will be performed safely. (6) Names and qualifications of workers who will be in responsible charge of the work: A. Years of experience performing similar work B. Training taken in performing similar work C. Certifications earned in performing similar work (7) Names and qualifications of workers operating cranes or other lifting equipment A. Years of experience performing similar work B. Training taken in performing similar work C. Certifications earned in performing similar work BID NO B1800045 Page 54 REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC (s) The construction plan shall address how the Contractor will handle contingencies such as: A. Unplanned events (storms, traffic accidents, etc.) B. Structural elements that don't fit or line up C. Work that cannot be completed in time for the roadway to be reopened to traffic D. Replacement of workers who don't perform the work safely E. Equipment failure F. Other potential difficulties inherent in the type of work being performed (9) Name and qualifications of Contractor's person designated to determine and notify the Engineer in writing when it is safe to open a route to traffic after it has been closed for safety critical work. (10) Erection plan or bridge removal plan when submitted as required elsewhere by the specifications. Plan requirements that overlap with above requirements may be submitted only once. A safety critical element conference shall be held two weeks prior to beginning construction on each safety critical element. The Engineer, the Contractor, the safety critical element subcontractors, and the Contractor's Engineer shall attend the conference. Required pre -erection conferences or bridge removal conferences may be included as a part of this conference. After the safety critical element conference, and prior to beginning work on the safety critical element, the Contractor shall submit a final construction plan to the Engineer for record purposes only. The Contractor's Engineer shall sign and seal temporary works, such as falsework, shoring etc., related to construction plans for the safety critical elements, (3) Removal of Bridge, (4) Removal of Portion of Bridge and (5) Temporary Works. The final construction plan shall be stamped "Approved for Construction" and signed by the Contractor. The Contractor shall perform safety critical work only when the Engineer is on the project site. The Contractor's Engineer shall be on site to inspect and provide written approval of safety critical work for which he provided signed and sealed construction details. Unless otherwise directed or approved, the Contractor's Engineer need not be on site during the actual performance of safety critical work, but shall be present to conduct inspection for written approval of the safety critical work. When ordered by the Engineer, the Contractor shall immediately stop safety critical work that is being performed in an unsafe manner or will result in an unsafe situation for the traveling public. Prior to stopping work, the Contractor shall make the situation safe for work stoppage. The Contractor shall submit an acceptable plan to correct the unsafe process before the Engineer will authorize resumption of the work. When ordered by the Engineer, the Contractor shall remove workers from the project that are performing the safety critical work in a manner that creates an unsafe situation for the public in accordance with subsection 108.06. Should an unplanned event occur or the safety critical operation deviate from the submitted plan, the Contractor shall immediately cease operations on the safety critical element, except for BID NO B1800045 Page 55 performing any work necessary to ensure worksite safety, and provide proper protection of the work and the traveling public. If the Contractor intends to modify the submitted plan, he shall submit a revised plan to the Engineer prior to resuming operations. All costs associated with the preparation and implementation of each safety critical element construction plan will not be measured and paid for separately, but shall be included in the work. Nothing in the section shall be construed to relieve the Contractor from ultimate liability for unsafe or negligent acts or to be a waiver of the Colorado Governmental Immunity Act on behalf of the Department. Subsection 107.15 shall be revised to include the following: For this project, the insurance certificates shall name Weld County as additionally insured parties. Subsection 107.17 shall be revised to include the following before the first paragraph: The Contractor shall assess and understand the risk of working within a waterway. Such risks include but are not limited to: floods, high groundwater, and fluctuation in flows. The Contractor shall be responsible for constructing and maintaining all temporary facilities within the waterway such as cofferdams and diversion of channel flows. Such work shall be subsidiary to other items of work. Subsection 107.17 — Delete the third paragraph beginning with "Loss, injury, or damage to the work..." and replace with the following: Loss, injury, or damage to the work due to unforeseeable causes beyond the control of and without fault or negligence of the Contractor, including but not restricted to acts of God, such as flood, earthquake, tornado, or other cataclysmic phenomenon or nature shall be restored by the Contractor at no cost to the County. Subsection 107.19 shall be revised to include the following: The Contractor shall be required to obtain permission to conduct any work, store materials or stockpiles, or park any construction equipment or vehicles on private property. The Contractor shall conduct their work within the right-of-way and easement boundaries shown on the Contract Drawings. If working in the County right-of-way, the Contractor shall obtain a right-of-way permit from the Public Works Right -of -Way Permitting Technician, 970-304-6496. END OF SECTION BID NO B1800045 Page 56 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Subsection 108.03(b) shall include the following after the first paragraph: The Bar Chart or Initial Schedule shall be submitted at least 10 working days prior to the start of the work. The Engineer's review of the Schedule will not exceed two working days. Work shall not begin until the Schedule is accepted in writing, unless otherwise approved by the Engineer. Delete the second paragraph starting with "The Contractor shall not carry on construction..." in subsection 108.08 and replace with the following: The Contractor shall not carry on construction operations on Saturdays, Sundays, or holidays unless previously arranged and approved by the Project Manager and Inspector Supervisor. The Contractor shall not perform construction operations on any three or four -day holiday weekend without prior written approval. Requests for weekend construction operations shall be presented in writing to the Project Manager and Inspector Supervisor no later than Wednesday at 5 p.m. prior to the weekend in which the work will be performed. Written requests received after the deadline will be reviewed on a case by case basis. The Project Manager and Inspector Supervisor are not required to provide written approval for weekend inspectable construction operations requests. In the event, the weekend construction operations involve inspectable work (operations requiring a construction inspector), the Contractor shall provide a credit on the next pay application to the County. The amount credited shall be $200.00 for the first 4 hours and $50.00 per hour per day thereafter for each Inspector required to perform inspections on the inspectable work. Construction operations shall stop at 5 p.m. the day before the start of the holiday weekend. Construction operations may resume after the holiday weekend has passed. The Contractor shall only make emergency repairs and provide proper protection of the work and the traveling public on the holiday weekend days. Delete subsection 108.08(a)(2), and replace with the following: 1. Calendar Day Contract. When the work is on a calendar day basis, one calendar day of contract time will be assessed for each calendar day from the date that contract time starts (Notice to Proceed). As stated in subsection 108.08, no inspectable construction operations shall occur on Saturdays, Sundays, and holidays unless prior approval has been granted. No weather days or less than full time charges days will be granted in this contract. Calendar Day Contracts have been adjusted to account for Saturdays, Sundays, and holidays by increasing the calendar days by the appropriate number of days. BID NO B1800045 Page 57 REVISION OF SECTION 108 PROSECUTION AND PROGRESS In subsection 108.09 delete the schedule of liquidated damages and replace with the following: Original Contract Amount ($) From More Than To and Including 150,000 1,000,000 4,000,000 END OF SECTION 500,000 2,000,000 10,000,000 Liquidated Damages per Calendar Day ($) 1,000 2,300 4100 5,800 BID NO B1800045 Page 58 REVISION OF SECTION 109 MEASUREMENT AND PAYMENT Section 109 of the Standard Specifications is hereby revised for the project as follows: Subsection 109.06 — partial payments, paragraph (a), (Standard Amount Retained). Delete the second sentence beginning with "The amount retained.", and replace with the following: The amount retained will be 10% of the value of the completed work, to a maximum of 5% of the original contract amount. Subsection 109.07 — Payment for Materials on Hand (Stockpiled Material). Delete and replace with the following: Partial monthly payments to the Contractor for completed work will include payment only for materials incorporated in the work unless otherwise approved by the Engineer. END OF SECTION BID NO B1800045 Page 59 REVISION OF SECTION 202 REMOVALS Section 202 of the Standard Specifications is hereby revised for the project as follows: In subsection 202.01, add the following: This work includes asphalt milling and removal, as shown on the plans or at locations directed by the Project Inspector. This work also includes all items required to remove existing bridge expansion joints to prepare for installation of a new expansion joint (asphaltic plug). Work items may include: sawcutting asphalt pavement, removal of asphalt pavement, removal of existing joint materials, and cleaning of adjacent concrete. All removal work associated with bridge expansion joints shall be considered subsidiary to the bid item for new expansion joints (see Project Special Provisions Section 518). In subsection 202.02 delete the seventh paragraph and replace with the following: Certain portions of the existing asphalt mat, which vary in thickness from 1" to 12", shall be removed by asphalt milling. Any work associated with saw -cutting (asphalt) shall not be measured separately and shall be considered subsidiary to the removal bid items. Asphalt removed shall be hauled off the jobsite in a timely manner and shall become the property of the Contractor. The costs associated with loading, hauling, and dumping the asphalt millings or chunks shall be considered subsidiary to the asphalt removal bid item. In subsection 202.12, add the following: Payment shall be made at the contract unit price per square yard (regardless of the milling depth) for the accepted quantity of asphalt removed. Payment will be made under: Pay Item Pay Unit Removal of Asphalt Mat (Planing) Square Yard (SY) END OF SECTION BID NO B1800045 Page 60 REVISION OF SECTION 203 UNCLASSIFIED EXCAVATION DESCRIPTION Payment for Unclassified Excavation (complete in place) shall be considered full compensation for all work necessary to complete the earthwork to the lines and grades shown on the Plans. This work shall include but is not limited to scarification, wetting and drying of soils to obtain optimum compaction, hauling and disposal of excess or unsuitable materials off the jobsite. Quantity changes, if directed by the County, will be estimated by the County and agreed to by the Contractor to be paid (or deducted) at the Bid unit price. Payment for removal of Unsuitable Material shall include excavation, hauling and disposal, importing, placing, moisture conditioning and compaction of approved suitable material; and all other labor, materials, equipment, and work required to remove unsuitable subgrade and replace it with approved material. When approved onsite soil is used to replace excavated Unsuitable Material, Payment will be made under the bid item for Unclassified Excavation (complete in place). Testing and soil analysis shall not be paid for separately, but shall be included in the cost of the work. A minimum R -Value of 40 is required. Payment will be made under: Pay Item Pay Unit Unclassified Excavation (Complete in Place) Cubic Yard (CY) END OF SECTION BID NO B1800045 Page 61 REVISION OF SECTIONS 304 AGGREGATE BASE COURSE Section 304 of the Standard Specifications is hereby revised for the project as follows: Subsection 304.01 shall be revised to include the following: SUBGRADE STABILIZATION This item shall consist of the removal of unsuitable material, if required, and placement of Subgrade Stabilization Material to provide a firm working platform as directed by the Project Manager or Inspector. All work under this item shall be in accordance with Section 304 of the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction, dated 2017. Subsections 304.02 and 703.03 shall include the following: Aggregate Base Course Material: All material used for subgrade stabilization shall be CDOT Class 6 Aggregate Base Course, unless otherwise approved by the Project Manager or Inspector. Aggregate Base Course (Class 6) shall have a resilient modulus of at least (R = 69) when tested by the Hveem Stabilometer method. Base Course shall be compacted to 95% of a modified proctor. Subsection 304.04 shall be revised to include the following: General: The Contractor shall furnish all labor, materials, and services necessary for, and incidental to, the completion of all work directed by the County and specified herein. All machinery and equipment shall be of size to meet the requirements of the work in a satisfactory manner. All work performed by the Contractor shall be subject to the inspection and approval of the Project Manager and Inspector. Subgrade Stabilization: This item consists of placing suitable fill material in areas directed by the Inspector. The placement, compaction, and grading of the stabilization material shall have compaction testing done by the Contractor in areas directed by the Inspector. Fill material shall be placed in uniform lifts not to exceed six (6) inches. Shouldering: This item consists of consist of placing shouldering material in areas directed by the Inspector, to adjust the existing shoulder to proper grade. The placement, compaction, and grading of the shouldering material shall have compaction testing done by the Contractor in areas directed by the Inspector. Shouldering material shall not be dumped on the new HMA during this work. Pay Item Pay Unit Aggregate Base Course (Class 6) Cubic Yard (CY) END OF SECTION BID NO B1800045 Page 62 REVISION OF SECTION 403 HOT MIX ASPHALT The hot mix asphalt shall not contain reclaimed asphalt pavement. Delete subsection 403.05 and replace with the following: 403.05 The quantity for HMA for payment will be based upon load tickets submitted by the Contractor to the Project Inspector. The Contractor is responsible for supplying acceptable load tickets every day paving operations are being conducted. Payment will be made under: Pay Item Pay Unit Hot Mix Asphalt (Grade S) (100) (PG 64-28) TON Aggregate, asphalt recycling agent, additives, hydrated lime, tack coat, and all other work necessary to complete each hot mix asphalt item will not be paid for separately, but shall be included in the unit price bid. When the pay item includes the PG binder grade, the asphalt cement will not be measured and paid for separately, but shall be included in the work. No recycled asphalt pavement (RAP) will be allowed in this mix design. Prior to delivery of any HMA materials a mix design shall be submitted to the Project Inspector for review/approval. END OF SECTION BID NO B1800045 Page 63 REVISION OF SECTION 518 EXPANSION JOINTS Section 518 of the Standard Specifications is hereby revised for the project as follows: In subsection 518.01, add the following: This work shall consist of removing and replacing existing bridge expansion devices at the same locations they are located within the existing bridge deck. In subsection 518.03, add the following: The methods and equipment used for the existing joint removal shall be approved by the Project Inspector. The Contractor shall take all steps necessary to avoid damage to all reinforcing steel designated to remain in place. Any reinforcing bars damaged by the Contractor's operations shall be repaired or replaced at their own expense. Exposed concrete surfaces within the removal limits shall be sandblasted to remove all fractured or loose particles to promote good bond with the new expansion joint material. All work items related to removal of the existing expansion joint and preparation for the new expansion joint shall be considered subsidiary to the pay item for new expansion joint. The replacement expansion joint shall be installed according to the plans. Bridge 28/23A and 54/13A Expansion Joint Replacement: This work shall consist of removing asphalt and other materials to expose the expansion joint. The joint shall then be returned to its original condition. Payment will be made under: Pay Item Pay Unit Expansion Joint (Asphaltic Plug) Linear Foot (LF) Payment will be considered full compensation for all work necessary to complete the item including saw cutting, asphalt removal, concrete removal, removal of existing joint materials, disposal of removed materials, sandblasting, providing and installing a new expansion joint. END OF SECTION BID NO B1800045 Page 64 CONSTRUCTION TRAFFIC CONTROL - GENERAL Special Traffic Control requirements for this project are as follows: Bridges shall remain open to traffic during the work. The Contractor shall utilize a Typical Lane Closure using Flaggers as the main traffic control measure. Lane closures shall be in place during the Contractor's working hours and then removed during non -working hours. The Contractor shall not perform any work on the roadway between the hours of 6:00 p.m. and 6:00 a.m. unless approved by the Project Inspector. Prior to commencing work at each bridge site, the Contractor shall review the traffic control setup with the Project Inspector, and receive verbal approval to proceed with construction. The Contractor shall not have construction equipment or materials in the lane open to traffic at any time, unless otherwise directed by the Project Inspector. The Contractor shall be responsible for providing all required traffic control devices and certified personnel necessary to construct the project in accordance with the guidelines set forth in the most recent version of the Manual on Uniform Traffic Control Devices (MUTCD). There shall be no individual payment for Traffic Control Supervisor, Traffic Control Inspection, Flaggers, Signs, or other traffic control devices. Resetting, repairing, or replacing signs or other traffic control devices is considered maintenance of the devices and shall be included in the work. Payment will be made under: Pay Item Traffic Control — Lane Closure Pay Unit Day Payment will be full compensation for all work necessary to complete the pay item. END OF SECTION BID NO B1800045 Page 65 FORCE ACCOUNT ITEMS DESCRIPTION This special provision contains the Department's estimate for force account items included in the Contract. The estimated amounts marked with an asterisk will be added to the total bid to determine the amount of the performance and payment bonds. Force Account work shall be performed as directed by the Engineer. BASIS OF PAYMENT Payment will be made in accordance with subsection 109.04. Payment will constitute full compensation for all work necessary to complete the item. Force Account Item F/A Minor Contract Revisions Estimated Quantity F/A Amount $15,000.00 F/A Minor Contract Revisions — This work consists of minor work authorized and approved by the Engineer, which is not included in the contract drawings or specifications, does not already have an existing unit price bid item, and is necessary to accomplish the scope of work for this contract. The Force Account may be used for such unforeseen items which may be needed at any of the bridges. END OF SECTION BID NO B1800045 Page 66 UTILITIES COORDINATION The work described in these plans and specifications requires coordination between the Contractor and the utility companies in accordance with subsection 105.10 in conducting their respective operations as necessary to complete the utility work with minimum delay to the project. The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements") when excavation or grading is planned in underground utility facilities. The Contractor shall notify all affected utilities at least two (2) business days, not including the day of notification, prior to commencing such operations. The Contractor shall contact the Utility Notification Center of Colorado (UNCC) at 1-800-922-1987 to have locations of UNCC registered lines marked by member companies. All other underground facilities shall be located by contacting the respective company. Utility service laterals shall also be located prior to beginning excavating or grading. BASIS OF PAYMENT All costs incidental to the foregoing requirements will not be paid for separately but shall be included in the work. No monetary compensation will be made to the Contractor for delays or any other issues related to utility conflicts. END OF SECTION BID NO B1800045 Page 67 APPENDIX • Bridge Locations Map (one sheet) • Bridge Sketches and Dimensions (two sheets) • Asphaltic Plug Expansion Joint Detail Sheet (one sheet) BID NO B1800045 Page 68 WELD COUNTY 2018 BRIDGE REHABILITATION PROJECTS Bridges Selected for Rehabilitation 1. 28/23A 2. 54/13A Weld County Public Works 1111 H. Street P.O. Box 758 Greeley, CO 80632 970-304-6496 ,o 4 I . 0- 74 7.1 lLl _i_ _ _ .l -L _j 1 .l L ---L- 1 � 1 , o 1 L__J 1 L. 0 30,000 60,000 Feet H -�-Lysl DISCLAIMER. lh GIS dpebee0 and dale n late proclun is a,ONcl Id ,Mlenl charge. Ind 0. YCCurety sod dollplOlanese renal be and Ie Tel guaranteed The deegfalln of 011000 {wcalc or land toes in Ina dalabeta dose nol mply due 180'01* a 001coN were neaten or Ibal Iota Iarn teas campy wih PEWEbla Stele or LOCH LOW WELD COUNTY MAKES NO WARRANTIES OR GUARANTEES EITHER EXPRESSED OS IMPLIED, AS TS THE COMPIETEIaSS, ACCURACY OR CORRECTNESS OF SUCH PROlh1CI NOR ACCEPTS ANY LIABILITY ARISING FROM ANY INCORRECT INCOMPLETE. (1R MISLEADING INFORMATION CONTAINED THEREIN Legend - Bridge Locations Other ate= Highway Paved Gravel Municipal, Paved Municipal, Gravel WEL028.0-023.0A WINGWALLS: 15" THK. C.I.P CONCRETE V�- Al P2 47_'-5" CLR SPAN ELEVATION LOOKING NORTH P3 _ 47'--8,. CLR. SPAN { if ( I . ! � � Limits CR 28 Iy1LiQ I(433feetf� P 1 SOUTH PLATTE RIVER �II all 344'-0" STR. LENGTH �ll al co 3P co OF INVEN'ORY i —s—p QIE.R-'S on6/ «4 4 /.--8" CLR. SPAN PIERS. 16'x32" C I.P CONCRETE GALV. W -BEAM ON 6"x6" STL. WE POSTS ® 6'-3" O.C. WELDED TO STL PLATE IN DECK (TYP ) SECTION LOOKING EAST }_L._ B ABUTS, AND BACKWALLS- C I P. CONCRETE 32'-U" 0/0 31.-5" RJR �'ef,hlT 47'-8" -� h 47'-8" CLR. SPAN CLR. SPAN 1 7 7" ASPHALT OVER 5" CONC TOPPING SLAB ON 3" CONC. DOUBLE TEE FLANGE + D Nv E F C 6" CONC. DIAPHRAGM BETWEEN LEGS 28" HIGH AT MIDSPAN (4) 33" DEEP DOUBLE FEE GIRDER SECTION (7'W ® LXT , y'W @ INT ) F6 A8 WEL054.0-013.0A JUNE 18, 2014 WINGWALLS: C.I.P. CONCRETE ''''..."....s.."\ BIG THOMPSON O. RIVER NORTH \ D N APPR. RDWY. m \ TT— SKEW \\ . COUNTY ROAD 54 \ �v \ Limits of Paving \352 feet) "� } S\\ts, \ .0 a PLAN a'O►.oc 154'-4" ?DINT .F./B.F. ABUTMENTS: J* M t° L� fd 1j i PIER: C.I.P. CONCRETE lo I °0 i� °°cn in '4 �i I I ¢ 1 2� 44x32" CONC. CAP ___ —_ W.L. istc , °� ON 20" l CONC. COL. M 15' _ 6' B'-0" A3 72'-10" CLR. SPAN 72'—t0" CLR. SPAN ELEVATION LOOKING NORTH 36'-3" 0/0 1 (38'-1O" 0/0 SKEW) 35'-7" R/R 1 STL. FLANGE 3�V/'x12" ON STL. 11" ASPHALT ON TOP 51ex8Y4" WF POSTS ® 6'-3" O.C. I FLANGE OF DOUBLE TEE co - cx 'AB C D E G H I J K L F 11 CONC. DIAPHRAGM 91/2" THK. 41¢' x 32" HIGH AT ENDS AND li SPAN (TYP.) 5"0 STL. UTILITY PIPE (6)44" DEEP x 6W WIDE DOUBLE TEE GIRDERS SECTION LOOKING EAST DESIGN DATA 4 NA AB.rcMsser V‘ .y., ♦ Joint opening "A" /t^ y;' * Pr edicteo Horizontal Movement r8" s{6• ♦ Joint opening "A" tor new structure shall be determined bused on predicted movements iron, shrinkage, Creep, end temperature charges. the meximcni predicted narizontal joint movement is hosed on c temperature * crop of 60.F tot concrete girders and 80. F for steel girders. 3" 'MA— `MI�cY a♦L*WC Blackout CeumpW tenejoinat be vet ith verinlay "A" - Set opening Bonding agent under compacted joint Sacker rod - NEW EXPANSION JOINT DETAIL 10 BRIDGING PLATE SIZES; "A" THICKNESS WIDTH MINIMUM LENGTH 0.-1" A" 7., y...0,. At these stride, es: Temperature Extremes: O Cold formountains • Hot for plains Truck ',erne • 2 2500 ADTT Y_ or high truck trof`i< f7 s 2500 ADTT For mooerote truck traffic Stop ond Go Traffic: O Common for controlled intersections Uncommon for everytning else LIMA 'jars C,r have1twiskii __bridging PL with locator pins or oar It NOTES: The plug joint system snail include ail labor and materials to install the expansion joint according to the Monu fnrturer's di, echoes and according to these peons. The blockout shoo be formed to full depth aria ground down to provide a uniform bearing surface for the bridging plate. Bridging plates shall not rack on their supports prior to pacing Plug joint material 13 1 ♦ 6 I6 e bridging plate shall oe A3fi steel es shown or the lathe A o equtvoient approved by the Engineer. ItShull be installed in oc or dance with the Morkifoctureris die ectiors. Al bridging plates shall have Ieceto, Duns ar no. s for centralizers. The booker rod snail be secured and sealed according to the Manufacturer's directions. The joint bonding agent shall be the type r ecornmentled by the Manufacturer for the joint system being installed. It shall be applied according to the Manufec tuner's-ecommendotions. All surfaces ,n joint opening shall be cleanea occu. any to the Manufactor Br's directions, The joints shot be installed and compacted according to the Manufacturers procedures. The fin:shed joint, fter compacting and sealing, shah be flush with the top o• the adjacent wearing surface. A represernetive of the Monufectur er shall he on site prior to and curing installation of the plug Joints and snail approve the methods and notenois before work commences. The Asphaltic Binder shell not be overheated, either by a500lute temperature limits of the m ,aria, or ov extended lime of a lower high temperatut e. Material that is overheated shall be discarded. Far construction requirements see section 518.08 of Standard Specifications. Seel top of curl: as directed by the Engineer. Sealing the face of the curb or barrier wit: not be paid for separately, but will be included in the work. Far information only: it is estirnoled thot 25 cu. f1of compacted joint material is required. ACCEPTABLE EXPANSION DEVICE ALTERNATL,$ Al Asphaltic Plug Joint materials need r Certified lest Report (CTR) from an independent laboratory showing passion test results on all referenced tests within the mast recent ASTM D 6207 using granite blacks for each lot of moterol to he lno!uaed en the APL. A list of current P, e-Aperoved Lot numbers, Suppliers, one the Procedure to register new suppliers can be (round arm COOT Appr cued '-'rodu<ts t. ist Web site at: htrp://apps.coiorcdedct.info/apl/AplSear ch.cfm Print Date: 10/9/2017 rile Name: 135588_Lxpuoinl.dgn Ha iz. Scold: Ill Vert. Scale: As Noted Unit Infer motion Unit Leader Initials AsiI .,ran. a SEH w. �i]a Si9S.w- f9a :1 O w001 Sheet Revisions Dote: Comments Weld County Public Works Deportment As Constructed S 0 Caaaew Og.N•rt St Tramportiirkw Won P.n.6o. )59 Sr.?.,, co 60632 Ter 1970) JM-6.9WJ]50 Fa. (9]0) J0.-6.91 9 r to No Revisions: BRIDGE EXPANSION DEVICE Project No./Code PLUG JOINT Revised: Designer: KA Arnado Detaiier: O.W. Snden Sneer Subset: BRIDGE. If Void: Structure L \tebrnber Subset Sheets: 921 of 28 I Sheet Number is 5 e "prx4 SIN c A'toe.l BID PROPOSAL To: Weld County Purchasing Department P.O. Box 758, 1150 "O" Street Greeley, Colorado 80632 Attention: Rob Turf, Purchasing Manager Bid Proposal for: 2018 BRIDGE REHABILITATIONS PROJECT PROPOSAL Pursuant to and in full compliance with all Contract Documents the undersigned Bidder hereby proposes to furnish all labor and materials and to perform all Work required for the complete and pcornpt-exertion--of everything described or shown- in- or reasonably implied -from -the Bidding Documents, including the Drawings and Specifications, for the Work above indicated for the monies indicated below which includes all State, County and local taxes normally payable with respect to such Work. The amounts stated include all allowances for profit and overhead, taxes, fees and permits, transportation, services, tools and equipment, labor and materials and other incidental costs. The Bidder and all Sub -Bidders shall include in their bid all Sales and Use Tax if applicable. State of Colorado and Weld County tax shall not be included. Upon application, the State of Colorado Department of Revenue shall issue to a Bidder or Sub -Bidder a Certificate or Certificates of Exemption indicating that the purchase of construction or building materials is for a purpose stated in Section 39-26-114, CRS, and is free from Colorado State Sales Tax. EXAMINATION OF DOCUMENTS AND SITE The Bidder has carefully examined the Bidding Documents, including the Drawings and Specifications, and has examined the site of the Work, to fully appraise himself of the conditions at the site and to gain a clear understanding of the Work to be executed and is thoroughly familiar with all local, state and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. PROPOSAL GUARANTEE This Bid Proposal is accompanied by the required Bid Bond of five percent (5%) based upon the Total Cost of all items required to be Bid. Weld County, Colorado is authorized to hold said Bid Bond for a period of not more than sixty (60) days after the opening of the Bids for the Work indicated, unless the undersigned Bidder is awarded the Contract within said period, in which event the Owner may retain said Bid Bond until the undersigned Bidder has executed the required Agreement and furnished the required Performance Bond, Labor & Materials Payment Bond, and Certificates of Insurance. TIME OF COMPLETION The Bidder agrees to complete the Project as soon as possible and within the time specified in the Project Special Conditions after the issuance of the Notice to Proceed subject to the CDOT Standard Specifications for Road and Bridge Construction, Section 108. BID NO B1800045 Page 16 EXECUTION OF DOCUMENTS The Bidder understands that if this Bid Proposal is accepted, he must execute the required Agreement and furnish the required Performance Bond, Labor & Materials Payment Bond and Insurance Certificates within ten (10) days from the date of Notice of Award. METHOD OF AWARD The Owner reserves the right to reject any Bid from any Bidder whom the Owner deems is unfit or unqualified to complete the Work as specified regardless of the amount of the Bid. It is understood by the Bidder that Bids shall be awarded and that should the cost of the Bid exceed budgeted -funds, the Owner reserves -the righttareject-anyoratt-Bids-orportions of -Work Bid or the use of any of the methods stated in the Instructions to Bidders to obtain the most advantageous Bid price. All bids will be reviewed by the Owner and Engineer. For any discrepancy between words and figures; the words will control. All mathematics will be checked and the correct total used for determining the low bidder. BID NO B1800045 Page 17 ITEM NO. BID SCHEDULE: BRIDGE 28/23A UNIT BID QUANTITY UNIT PRICE (WRITTEN WORDS) UNIT PRICE (DOLLARS) TOTAL PRICE (DOLLARS) ITEM DESCRIPTION 202 REMOVAL OF ASPHALT MAT (PLANING) SY 1500 Eight Dollars and Seventy Six Cents $ 8.76 $ 13 203 UNCLASSIFIED EXCAVATION CY 50 Thirty Nine Dollars and! Fifty Cents $ 39.50 $ ,140.00 1,975.00 304 AGGREGATE BASE COURSE (CLASS 6) CY 50 Sixty Dollars and Tw6nty One; Cents. $ 60.21 $ 3,010.50 403 HMA (GRADING S) (100) (PG64-28) TON 400 Ninety One Dollars and , Thirty Four Cents $ 91.34 $ 36,536.00 518 EXPANSION JOINT (ASPHALTIC PLUG) LF 256 One Hundred Fifty One Dollars & Eighty Cents $ 151.80 $ 38,860.80 626 MOBILIZATION LS 1 Nine Thousand Dollars and No Cents $ 9,000.00 $ 9,000.00 630 TRAFFIC CONTROL - LANE CLOSURE DAY 10 One Thousand Five Hundred Twenty Five Dollars & $ 1,525.50 $ 15,255.00 fifty Cents. Bridge 28/23A Total Bid (Dollars) $ 117.777 )30 BID NO B1800045 Page 18 ITEM NO. BID SCHEDULE: BRIDGE 54/13A UNIT BID QUANTITY UNIT PRICE (WRITTEN WORDS) UNIT PRICE (DOLLARS) TOTAL PRICE (DOLLARS) ITEM DESCRIPTION 202 REMOVAL OF ASPHALT MAT (PLANING) SY 1,500 Ten Dollars and Forty One Cents $ 10.41 $ 15,615.00 203 UNCLASSIFIED EXCAVATION CY 100 Twenty Eight Dollars and' Six Cents $ 28.06 $ 2,806.00 304 AGGREGATE BASE COURSE (CLASS 6) CY 100 Forty Seven Dollars and Six Cents $ 47.06 $ 4,76V:00 403 HMA (GRADING S) (100) (PG64-28) TON 400 Eighty Five Dollars and Ninety One Cents $ 85.91 $ 34,364.00 518 EXPANSION JOINT (ASPHALTIC PLUG) LF 114 One Hundred Fifty One Dollars & Twenty Cents $ 151.80 $ 17,305.20 626 MOBILIZATION LS 1 Ten Thousand Seven Hundred Fifty Dollars & No Cents $ 10,750.00 $ 10,750.00 630 TRAFFIC CONTROL - LANE CLOSURE DAY 10 One Thousand Five Hundred Twenty Five Dollars & $ S 1,5257% $ 15, 255.00 Bridge 54/13A Total Bid (Dollars) $ 100.801.26 F/A Force Account Minor Contract Revisions $ TOTAL BID AMOUNT (2 BRIDGES) $ 233.578 15,000.00 BID NO B1800045 Page 19 RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. Date: By: Addendum No. Date: By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. SIGNATURES: Dated this 21st day of June FIRM NAME: Don Kehn Construction, Inc. BY: Dan Kehn TITLE: President BIDDER'S LEGAL SIGNATURE: 2018. STATE OF INCORPORATION: Colorado ADDRESS: 6550 South County Road 5 Ft. Collins, CO 80528 TELEPHONE NO: 970-226-4111 ATTEST: . ct._ , BID NO B1800045 Page 20 BID BOND 2018 BRIDGE REHABILITATIONS PROJECT KNOWALL MEN BY THESE PRESENTS, that Don Kahn Construction, Inc. * as Principal, and Employers Mutual Casualty Company ** as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of Five Percent of Amount Bid-- Dollars ($5%--- ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. THECONOFFIONN--OF THIS -OBLIGATION IS-SUOK.that-whereas the_Priacipathass. eaccempart n_g_Bid_ _ dated June 21 , 2018 for the 2018 BRIDGE REHABILITATIONS PROJECT as set out in the accompanying Bid. WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform. NOW THEREFORE, if the principal shall, within the period specified therefore: A. On the attached prescribed forms presented to hlm for signature, enter into a written Contract with the Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B. Withdraw said Bid within the time specified, or C. Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this 19th day of June , 2018 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing board. Principal Don Kehn Construction, Inc. Address 6550 South County Road 5 ATTEST: Brown, Surety Witness Fort Collins, CO 80528 By: ""�-- Surety Employers Mutual Casualty Company Address P.O. Box 712, Des Moines, IA 50306 Florietta Acosta, Attorn -In-Fact MEW BID NO B18©0045 *Incorporated in the State of Colorado **Incorporated in the State of Iowa daaeiwwimsemsms Page 21 /EMS P.O. Box 712 • Des Moines, Iowa 50306-0712 INSURANCE POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation 7. Hamilton Mutual Insurance Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint: TODD BENGFORD, DONALD E. APPLEBY, MARK SWEIGART, SARAH BROWN, FLORIETTA ACOSTA, SUSAN J. LATTARULO, LEEANNE MEAUX its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute the Surety Bond: ANY AND ALLgONDS and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire April 1, 2021, unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognfzances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attorney -in -fact at any time and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of -attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and arty such instrument executed by any such attorney -in -fact shah be fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of -attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 28" day of March, 2018. Seals Bruce G. Kelley, t3hairm of Companies 2, 3, 4, 5 & 6; President of Company 1; Vice Chairman and CEO of Company 7 Todd t Vice President On this 28"' day of March, 2018 before me a Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Todd Strother, who, being by me duly sworn, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and/or Vice President, respectively, of each of the Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Todd Strother, as such officers, acknowledged the execution of said instrument to be their voluntary act and deed, and the voluntary act and deed of each of the Companies. My Commission Expires October 10, 2019. 46'fiv-i-A'41---/ Notary Publ in and for the State /Iowa CERTIFICATE I, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on 281h day of March, 2018, are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 19th day of June , 2018 Vice President 7838 (4-17) "For verification of the authenticity of the Power of Attorney you may call (515) 345-2689." Font W-9 Request for Taxpayer Identification Number and Certification Give fonts to the requester. Do not send to the IRS. Name less shown on your Income tar return) Don Kehn Construction, Inc. ro� Business name, if different from above, C O Chn k appropriate bon 1 o driol Sol. propnetw X Corpanbon Pannereho ,_ La, teri Ilnbbty ::onipen e'ntrr !tw for -Ioas;ticoaon ?nbt, Ce.corporation . 1r"nersr,ip Ls ► `.„3 m Address (number. street, and opt. ,nr suite not Requester's name and address (optional! a� ,_ 655Q cu.tb .County--RQ .5 tt C11, stet!.,, paid ZIP code Collins„ 00 80528 ctaracctarfirimttthrtatTitt4vs tacmriatr Mal Taxpayer Identification Number (TIN) Ex mop, Joyce Enter your TIN in the appropriate box The TIN provided must match the name given oil Line 1 to avoid backup withholding. For individuals, this Is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (SIN), If you do not have a number, see kowv to get a 77N on page 3. Note. If the account is in more than one name, see the chart Oil page 4 for guidelines on whose number to enter. Part II Certification Social security number or IEmployer identification number 84' 07547`i2 Under penalties of perjury. I certify that: 1 The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me). and 2 I sin not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U S. person (defined below). Certification Instructions. You must cross out item 2 above if yorr have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. Far real estate transactions. item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide you correct TIN. See the Instntctlons on page 4. Sign Signature of Here u.s. f»non ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file art information return with the IRS must obtain your correct taxpayer identification number (TIN) to report. for example. income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and. when applicable. to: 1. Certify that the TIN you are giving Is correct (or you are waiting for a number to be Issued). 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade a business is not subject to the withholding tax on foreign partners' share of effectively connected Income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar In this Form W-9. Bat.. June 21, 2018 Definition of a U.S. person. For federal tax purposes. you are conaigered a U.S. person if you are. • An individual who is a US citizen or U.S resident alien. • A partnership. corporation. company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Spacial rules for partnerships. Partnerships that conduct a trade or business In the United States are generally required to pay a withholding tax on any foreign partners' share of Income from such business. Further. in certain cases where a Form W-9 has not been received. a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, tt you are a t1.S. person that Is a partner in a partnership conducting a trade or business In the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. the person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: • The IJ S owner of a disregarded entity and not the entity. Cat No 10231X Form t)'tf-g (Rev 10-2007) BID NO B1800045 Page 23 STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: June 21 . 2018 All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable, responsible and qualified bidder as determined by the County. 1. Name of Bidder (Company or Firm): Don Kehn Construction, Inc_ Permanent main office address: 6550 South County Road 5 Ft. Collins, CO 80528 Phone Number. 970-226-4111 Fax Number: 970-226-4115 3. Year Company was organized: 1965 4. Number of years this Company has been engaged similar construction: 43 Under what firm, company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work? 5. List all projects that the Company has under contract now. Show the contract amount and the anticipated date of completion for each: Heron Lakes 3rd Filing $ 2,112,078.00 7/30/18 Foothill Multi Family Apts.$ 635,655.00 6/30/18 Eagle Ranch Estates $ 392,862.00 7/31/18 6. List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. NONE 7. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. NONE 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. NONE BID NO B1800045 Page 24 9. List all contracts within the last 3 years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. NONE 10. Has any owner, as party to any of the Company's contracts within the last 3 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc., or attempted to have the performance bond invoked? If yes, explain in detail. NONE 11. Describe all contracts that the Company failed to complete. NONE 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. NONE 13. List all or a maximum of three (3) of the most recent projects, like the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction now. List the project name, location, project superintendent, owner's representative and phone number, date completed and contract amount for each project. Project Name: 2017 Roadway Repairs Town of Windsor Location: Windsor Supt: Owner's Representative: Curtis Templeman Phone:970-686-7176 Completion Date: 7/2017 Contract Amount: $1,637454.00 Project Name: Town of Wellington 2017 Asphalt Repairs Location: Wellington Owner's Representative: Mark Oberschmidt Completion Date: 8/29/17 Supt: Phone: 970-4498611 Contract Amount: $213,628.86 BID NO 81800045 Page 25 Project Name: Centerra Parking Improvements Location: Loveland Owner's Representative: Jon McElwain Completion Date' 7/31/17 Supt: Phone: 970-587-6940 Contract Amount: $610.817.00 14. List all the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15% OR MORE OF THE WORK. SUBCONTRACTOR_ _ _ TLM Constructors WORK DESCRIPTION % OF WORK Expansion Joint Plug 23% No. Colorado Traffic Control Traffic Control 127 15. List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc. NAME Dan Kehn Rich Owens YRS. PERTINENT TITLE EXPERIENCE President 43 Superintendent 33 16. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. NONE BID NO B1800045 Page 26 The undersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this 21st NOTARY day of June , 2018. Bidder. Don Kehn Construction. Inc. Company By: Signature Name: (Please Type) Title: President County of Larimer ) ss. State of Colorado Dan Kehn Dan Kehn being duly sworn, deposes and says that he is President of Don Kehn Construction, Inc. ,and (Title) (Company Name) that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this 21st day of June (SEAL) CAROL KLER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19914016743 MY COMMISSION EXPIRES NOVEMBER 27, 2819 November 27, 2019 Commission Expires Notary Public , 2018. BID NO B1800045 Page 27 MEMORANDUM Date: June 26, 2018 To: Rob Turf, Purchasing Manager From: Michael Bedell, P.E., Senior Engineer RE: Bid Request No. B1800045 BOCC Approval Date July 9, 2018 Bids were received and opened on June 21, 2018 for contracted construction of the 2018 Bridge Rehabilitations Project. Six (6) bids were received ranging from $233,578.50 to $384,942.00 with the lowest bid submitted by Don Kehn Construction from Fort Collins, Colorado. My Engineer's Estimate for this project was $250,250.00. This is an annual budgeted project intended to utilize contracted services to complete major bridge repairs and rehabilitation work. The work this year is located at two bridges (28/23A and 54/13A), and consists mainly of asphalt pavement mill/overlay and expansion joint replacement. The submitted bids have been reviewed for errors and completeness, and none were apparent. The bid tabulation is attached for your information. It is Public Works staff recommendation to award the construction contract to Don Kehn Construction for a total amount of $233,578.50. Public Works has worked successfully with this Contractor in the past and this company is well -qualified. If this bid is approved by the BOCC on July 9th, construction will commence later in this month, and is planned to be completed in September 2018. I 9 O?O/g- /970 e40075 BID TABULATION 6-21-18 B1800045 - 2018 BRIDGE REHABILITATIONS ITEM NUMBER CONTRACT ITEM UNIT ESTIMATED QUANTITY UNIT Engineer's PRICE TOTAL Engineer's UNIT PRICE Kehn TOTAL Kehn BRIDGE 28/23A 202 Removal of Asphalt Mat (Planing) SY 1500 $10.00 $15,000.00 $8.76 $13,140.00 203 Unclassified Excavation CY 50 $25.00 $1,250.00 $39.50 $1,975.00 304 Aggregate Base Course (Class 6) CY 50 $40.00 $2,000.00 $60.21 $3,010.50 403 HMA (Grade S) (100) (PG64-28) TON 400 $120.00 $48,000.00 $91.34 $36,536.00 518 Bridge Expansion Joint (Asphaltic Plug) LF 256 $150.00 $38,400.00 $151.80 $38,860.80 Mobilization LS 1 $10,000.00 $10,000.00 $9,000.00 $9,000.00 626 630 Traffic Control - Lane Closure DAY 10 $1,200.00 $12,000.00 $1,525.50 $15,255.00 SUBTOTAL $126,650.00 $117,777.30 BRIDGE 54/13A 202 Removal of Asphalt Mat (Planing) SY 1500 $10.00 $15,000.00 $10.41 $15,615.00 203 Unclassified Excavation CY 100 $25.00 $2,500.00 $28.06 $2,806.00 304 Aggregate Base Course (Class 6) CY 100 $40.00 $4,000.00 $47.06 $4,706.00 403 HMA (Grade S) (100) (PG64-28) TON 400 $120.00 $48,000.00 $85.91 $34,364.00 518 Bridge Joint (Asphaltic Plug) LF 114 $150.00 $17,100.00 $151.80 $17,305.20 Expansion 626 Mobilization LS 1 $10,000.00 $10,000.00 $10,750.00 $10,750.00 630 Traffic Control - Lane Closure DAY 10 $1,200.00 $12,000.00 $1,525.50 $15,255.00 SUBTOTAL $108,600.00 $100,801.20 FORCE ACCOUNT 700 Force Account (Minor Contract Revisions) FA 1 $15,000.00 $15,000.00 $15,000.00 $15,000.00 AMOUNT $250,250.00 $233,578.50 TOTAL BID DATE OF BID: June 21, 2018 REQUEST FOR: 2018 BRIDGE REHABILITATIONS DEPARTMENT: Public Works BID NO: #B1800045 PRESENT DATE: June 25, 2018 APPROVAL DATE: July 9, 2018 VENDOR WELD COUNTY PURCHASING 1150 O Street Room #107, Greeley CO 80631 E-mail: rturf(c�weldgov.com E-mail: reverett(a�weldgov.com E-mail: cmpeters(c�weldgov.com Phone: (970) 400-4216,4222 or 4223 Fax: (970) 304-6434 TOTAL TOTAL TOTAL BRIDGE 28/23A BRIDGE 54/13A (2 BRIDGES) DON KEHN CONSTRUCTION $ 117,777.30 $100,801.20 $233,578.50 6550 South County Road Ft. Collins CO 80528 MARTIN MARIETTA MATERIALS $127,997.80 $108,598.20 $251,596.00 1800 North Taft Hill Road Ft. Collins CO 80521 TLM CONSTRUCTORS INC $130,400.00 $111,650.00 $257,050.00 3000 W. F Street Greeley CO 80631 ABCO CONTRACTING INC $136,044.00 $130,351.00 $281,395.00 2180 E. 74th PI. Denver CO 80229 JALISCO INTERNATIONAL $151,250.00 $138,000.00 $304,250.00 6663 Colorado Blvd Commerce City CO 80022 HALLMARK INC $187,966.00 $181,976.00 $384,942.00 5085 Harlan Street Denver CO 80212 Engineering Estimate: $250,250.00 Public Works will review the bids. EG ov75- Hello