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Home My WebLink About20181882.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING DONATION FOR MISSILE SITE CONCRETE PROJECT AND AGREEMENT FOR CONSTRUCTION SERVICES - INTERSTATE HIGHWAY CONSTRUCTION, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Interstate Highway Construction, Inc., volunteered to donate the labor and materials for concrete repairs at the Weld County Missile Site Park, in the amount of $50,000.00, and enter into an agreement for said construction services, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, it is the policy of Weld County to formally accept all donations via Resolution, and WHEREAS, after review, Commissioner Conway made a motion to accept said donation and approve said agreement, which was seconded by Commissioner Freeman for purposes of discussion, and WHEREAS, pursuant to the Weld County Home Rule Charter, Article III, Section 3-13, the concurrence of three of the members of the Board is required to approve a Resolution, and WHEREAS, the motion to accept said donation and approve said agreement received no supporting votes and therefore failed; and the effect of the failure to obtain a majority vote is a denial of the motion. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the donation of labor and materials for concrete repairs at the Weld County Missile Site Park, in the amount of $50,000.00, be, and hereby is, rejected and the agreement will not be executed. c.e,t 8C9CTT(SC,), 'H), QCTC BO) O4s/C)C,f l'- 2018-1882 BG0020 DONATION FOR MISSILE SITE CONCRETE PROJECT AND AGREEMENT FOR CONSTRUCTION SERVICES - INTERSTATE HIGHWAY CONSTRUCTION, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of June, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD_,COUNTY, COLORADO ATTEST: dom.,/ Weld County Clerk to the Board BY: Deputy Clerk to the Bo APPD AS TO ounty Attorney Date of signature: D7-0174 Stev,e Moreno, Chair /Barbara Kirkmeyerpro/Tem S Copway Mike Freeman 2018-1882 BO0020 DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 June 6, 2018 To: Board of County Commissioners From: Toby Taylor Subject: Missile Site Concrete Project Donation At the Missile Site Park, there is an area of concrete that needs poured to provide slope away from buried structure. Interstate Highway Construction has volunteered to donate the labor and materials to perform this repair valued at $50,000. Therefore, Buildings & Grounds is recommending the approval of this agreement for these repairs. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 2018-1882 "Eaa,c9-o AGREEMENT FOR CONSTRUCTION SERVICES THIS AGREEMENT is made by and between the County of Weld, State of Colorado, whose address is 1150 O Street, Greeley, Colorado, 80631 ("County"), and Interstate Highway Construction, 7153 South Tucson Way, PO Box 4356, Englewood, CO 80155, ("Contractor"). WHEREAS, County desires to retain Contractor as an independent contractor to perform services described in the attached Exhibits "A," "B," and "C;" and WHEREAS, Contractor is available to timely perform the services, and is willing to perform the services according to the terms of this Agreement without cost to the County. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Engagement of Contractor. County hereby retains Contractor, and Contractor hereby accepts engagement by County upon the terms and conditions set forth in this Agreement. 2. Term. The term of this Agreement shall be from the date of signature below, through and until completion of the services described in the attached Exhibits A, B, and C. 3. Services to be Performed. Contractor agrees to perform the services described in the attached Exhibits A, B, and C. County waives any subsurface compaction or conditions caused by needing to perform this project. 4. Compensation. Contractor has agreed to perform the services described in the attached Exhibits A, B, and C without compensation. Contractor will be donating all services, use of equipment, and materials necessary to complete said services. The parties hereto estimate the value of the services, equipment usage and materials to be $50,000.00. 5. Independent Contractor. Contractor agrees that it is an independent contractor and that neither Contractor nor Contractor's agents or employees are, or shall be deemed to be, agents or employees of the County for any purpose. Contractor shall have no authorization, express or implied, to bind the County to any agreement, liability, or understanding. The parties agree that Contractor will not become an employee of County, nor is Contractor entitled to any employee benefits from County as a result of the execution of this Agreement. 6. Warranty. Contractor warrants that services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement. 1 oZO`t' /fY� 7. Insurance. Contractor shall through the course of its performance of the services pursuant to this Agreement maintain and provide the following: a. Types of Insurance: Contractor shall obtain, and maintain at all times during the term of this Contract, insurance in the following kinds and amounts: i. Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of Contractor's employees acting within the course and scope of their employment. ii. Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: 1) $1,000,000 each occurrence; 2) $2,000,000 general aggregate; 3) $2,000,000 products and completed operations aggregate; 4) $50,000 any one fire; and 5) $500,000 errors and omissions. b. Certificate of Insurance: For general liability, Contractor shall provide to County a certificate of insurance showing Weld County, the Board of County Commissioners of Weld County, its officers and employees as additional named insureds. c. Waiver of Subrogation: For all coverages, Contractor's insurer shall waive subrogation rights against County. 8. Termination. Either party may terminate this Agreement at any time by providing the other party with a 60 -day written notice thereof. In the event of an early termination, Contractor shall be paid for work performed up to the time of termination and County shall be entitled the use of all material generated pursuant to this Agreement. 9. Non -Assignment. Contractor may not assign or transfer this Agreement, any interest therein or claim thereunder, without the prior written approval of County. 10. Time of Essence. Time is of the essence in each and all of the provisions of this Agreement. 11. 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 2 Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 12. 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. 13. Compliance. This Agreement and the provision of services hereunder shall be subject to the laws of Colorado and be in accordance with the policies, procedures, and practices of County. 14. Certification. Contractor certifies that Contractor is not an illegal immigrant, and further, Contractor represents, warrants, and agrees that it has verified that Contractor does not employ any illegal aliens. If it is discovered that Contractor is an illegal immigrant, employs illegal aliens or subcontracts with illegal aliens, County can terminate this Agreement and Contractor may be held liable for damages. 15. Entire Agreement/Modifications. This Agreement contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiation, representation, and understanding 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. 16. Funding Contingency. No portion of this Agreement shall be deemed to create an obligation on the part of County to expend funds not otherwise appropriated or budgeted for. 17. No Conflict. 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. 18. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, 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. 19. Governmental Immunity. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess. 20. 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. 3 IN WITNESS WHEREOF, the parties have executed this Agreement as of the _ day of June, 2018. ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Board APPROVED AS TO FUNDING: Controller )(i. APPROVED AS TO FORM: County Attorney CONTRACTOR: INTERST HIG ` AY CONSTRUCTION dent BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO i\f6vic sti\reeD Steve Moreno, Chair JUN 1 8 2018 APPROVEDAS TO SUBSTANCE: Elected/Official or Department Head 4 Ad-iffz Exhibit "A" Weld County Missile Site Concrete Repairs SCOPE OF WORK: This is a request for proposal to Design and Build site drainage improvements through selectively demolishing and reconfiguring existing concrete flatwork and grades at the Weld County Missile Site Park located at 10611 CO -257 Spur, Greeley, Colorado. The following is a list of major scope activities. 1. Add a minimum 6" thick reinforced topping slab with 4,000psi entrained concrete to low areas, enabling positive drainage away from site. 2. Topping slab is roughly 80' x 40'. Field measurements and actual quantities will be the Contractor's responsibility. 3. Selective demolition of concrete may be required in some areas. 4. Build a reinforced wall, minimum 6" thick on all four sides of an existing RCP measuring 5' OD. 5. See attached site map & sketch for additional information. 6. Hours for construction may occur between 7:00am — 3:30pm, Monday — Friday. Off - hours work is permitted when coordinated with the Owner. 7. Asbestos abatement is not expected and should not be part of the contractor's bid. 8. A Weld County permit is not anticipated for this project. 9. Installation shall meet all applicable building codes. 10. Davis -Bacon and Buy American requirements are NOT required. 11. Bids over $50,000 will require a payment (100%) and performance (100%) bond. A Bid Bond is not required. 12. Contractor parking, waste removal and material laydown outside the structure is limited. Contractor to coordinate minimum needs with Owner. 13. Weld County is a tax-exempt entity. 14. Contractor will be required to enter into a contract for this service. Exhibit "B" WF 1.n COUNTY ism 1, t 'NU NI MAl'i'!'•..' u. . _ �r 9 Ftet Co tis Bouidc+ Denver IP , Legend New Concrete wall Parcels - 4 sides. See detail Highway O County Boundary M t ti lett 1011i ‘ ♦p MOOPP•Sal...fOrt. de , Border of topping . x ii �E slab. See detail • . a .. a - - yPP'• b k . , _Rv 1 2090 Notes 34.9 Ct 17.45 34.9 Feet This map is a user generatea static output from an Internet mapping site and is for � P Pp 9 _ Data layers reference only. WGS_1984_ Web_ Mercator_Auxiliary_Sphere •,c% Weld County Colorado that appear THIS MAP on this map may or may not ce accurate, current, or otherwise reliable IS NOT TO BE USED FOR NAVIGATION Exhibit "C" 4C P O P �s'n ri 4 Q, L X I S T C oNc.. CuLvE2T (RCP) PI- An/ of EXIs,ING s' DIA-, VERlic-4L RGP SuRzouovAWU ToPPI4rG s� 8 c/tLe-0 %.i/¢bf. M 6 "-riff j#w snit w/C on/7; B e ✓PJ 0 ce 214 RS eisAg 1_4 -PS gtr. if 14 L c# MIN,)-"Cev >2 - *4,, 00o SiPc oMcRe7G 3/N /}GGRc 6-416 i%a-1%a ,,, Cd7g#W C,CAKite1 : /,boop51, 3/1 11GGR,CG4-11, ./Y-1Z —MIN)W fr1 Iitickive $. 6" R BM1' : /III ID t ,r OC/Lru/, LG N16r>f 'F 7oPP1NG Sz-4Z I -4(&t $ RE-0cintiwG- 6 -Renick Tlf4�6 "OF Con/(RL'16 7 ojizet-f W4 --rot , S S�"' /`14`f p -LED w!Flo ILL on Apt/ APPKo VEP SLA93111- I i Al ACOREP CERTIFICATE OF LIABILITY INSURANCE L.../- 7/1/2019 DATE (MM/DD/YYYY) 6/6/2018 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies 8110 E. Union Avenue Suite 700 Denver CO 80237 (303) 414-6000 NT NAMEACT PHONE I FAX Ext): (A/C, No): E-MAIL. E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: The Travelers Indemnity Company 25658 INSURED Interstate Highway Const., Inc. 1399213 P.O. Box 4356 Englewood CO 80155-2140 INSURER B : Travelers Property Casualty Co of America 25674 INSURER C : Great American Insurance Company 16691 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 15428887 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY j X .IE C OTHER: LOC Y I Y VTC2K-CO-5643B347 7/1/2018 7/1/2019 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG $ 2,000,000 $ 300,000 $ 10,000 $ 2,000,000 $ 4,000,000 $ 4,000,000 B AUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY N N VTC2J-CAP-5643B359 7/1/2018 7/1/2019 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) $ 2,000,000 $ XXXXXXX BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $XXXXXXX $ XXXXXXX $ XXXXXXX A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE DED I I RETENTION $ N N VTSMJ-CUP-9F337225 7/1/2018 7/1/2019 EACH OCCURRENCE AGGREGATE $ 20,000,000 $ 20,000,000 $ XXXXXXX A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Professional/Pollution Installation Floater Y/N N N/A, VTC2KUB-4745N43 7/1/2018 7/1/2019 X PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ 1,000,000 $ 1,000,000 $ 1,000,000 C B N N PCM8799330 QT6304J944244TIL 7/1/2018 7/1/2018 7/1/2019 7/1/2019 $5,000,000 Prof/Poll, Ret. $10,000 Limit; $1,000,000, Ded. $5,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Weld County, the Board of county Commissioners of Weld County, its officers and employees are included as additional insured as respects General Liability if required by written contract. Waiver of Subrogation applies in favor of the Additional Insured as respects General Liability and Workers Compensation if required by written contract, where permissible by law. CERTIFICATE HOLDER CANCELLATION 15428887 Weld County State of Colorado 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 REPRES AT VE ACORD 25 (2016/03) © 1988'2015 ACORD CORPOTION. All rights reserved. The ACORD name and logo are registered marks of ACORD Hello