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Home My WebLink About20151800.tiffCONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND A-1 CHIPSEAL. This Agreement Extension/Renewal ("Renewal"), made and entered into 27 day of 1� 2017, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the "Department", and A-1 Chipseal, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement on July 27, 2015 (the "Original Agreement"), identified as document B#150013 / 2015-1800 WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The second agreement extension/renewal will end on July 26, 2016. • The parties agree to extend the Agreement for an additional one year period, which will begin July 27, 2017, and will end on July 26, 2018. • The Renewal, together with the Agreement, constitutes the entire understanding between the parties, The following change is hereby made to the Contract Documents: 1. This extension will be the third and final year of a possible three-year contract 2. The 2016 Bid Schedule of the contact shalt be replaced by the attached 2017 Bid Schedule, which is incorporated herein. 3. The total contract amount not to exceed $947,182.39. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: A- I Ompsect t Co Iona) e t Pri if N me Signature -- cam- , APPROVED AS et -0 Elected C ffil or Department Head ATTEST: Weld Co BY: k to the Board BOARD OF COUNTY COMMISS;ONERS WELD COUNTY, COLORADO cc Julie A. Cozad, Chair EA.6()(±felip) 2 6 2017 ao's- i 2C EGOo7�- BOARD OF COUNTY COMMISSIONERS REVIEW/ WORK SESSION REQUEST RE: Renewal for 2017 Sand Seal and Slurry Seal program with A-1 Chip Scat DEPA Rf M ENT: WELD COUNTY PUBLIC WORKS. DATE: Lt 1.2017 PERSON REQUESTING: Joshua Holbrook, Weld County Public Works Brief description of the problem/issue: The A -I Chip Seal Agreement is up for extension from July 27, 2017, to July 26, 2018, as permitted by the contract. This extension would be in the third (3) and final year of a possible three-year term limit. The contract also allows for yearly rate adjustments based upon the ENR (Engineering News and Record - Denver) and the Denver -Boulder -Greeley CM (2.772% increase). A-1 did request an increase of 2.71% for the 2017 Slurry Seal and Sand Seal contract this year. The cost increase for each item is attached. if the contract is renewed, the 2017 total contract amount with A-1 Chip Seal would be $947,18239. This amount is under the 2017 budget amount. A-1 was awarded this contract in 2015 as the low bid vendor, and the department has been very satisfied with their work. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) The Board may request a work session to discuss this further Recommendation to the Board: Staff recommends the approval of the contract extension/renewal to A-1 Chip Seal under the Slurry and Sand Seal Contract. Sean P. Conway Julie A. Cozad, Chair Mike Freeman Barbara Kirkmeyer Steve Moreno, Pro-Tem Approve Schedule Recommendation Work Session cc. Jay McDonald, Director of Public Works Curtis Hall, Operations Manager Neal Bowers, Pavement Management Supervisor Mona Wcidcnkelier, Office l ech IV, Acct Payable / Receivable Janet I.undquist, Support Services Manager Attachments: 2017 Contract Agreement extension/renewal 2017 [lid Schedule 2016 vs. 2017 Cost comparison comments 1 2016 vs. 2017 percent change for Slurry Seal and Sand Seal 2017 Cost 1 Iaseanul % c N N. N \ tar) Lrl N \ 00 ^ Si \ N h N C N h N N N Si N Si Denver -boulder -Greeley CPI = 2.772% Total precent Increase 2.71% Unit Cost O d' 0N 0 CO N in N r-1 in- O 00 in- Lf1 O L ri in- O O Si w• Ln ri. in r M N in- O izt rCi OLt) ri N in +-il C D ton }- >- N Per Location a1 2 _ m 0 uol 2016 Cost Unit Cost O O O O 00 N in O grt ri V Ln N r-+ in O 00 TH Ln ri in O O O O in r-1 in 00 ri to N i- O O O L!1 0 N in fra D ton c}i1 v) Per Location a) 2 Gal Each Item Description Place rack Fill / WC to supply material Sand Seal Slurry Seal Traffic & Signing for Sand Seal Traffic & Signing for Slurry Seal Pavement marking MHT and traffic Control for cdot intersection 100 RI Q1 't cn cr .4- LID c to N LD O LID BID SCHEDULE 2017 Slurry Seal and Sand Seal Contract Item Descri • tion Unit Est. Quantity Unit Price Contract Bi • Number 408 Place Rubberized Crack Filler & Traffic Control (Weld County to supply material) Ton 6 2,878.40 17,270.40 409 Sand Seal SQ 26,700 1.17 31,239.00 409 Slurry Seal SQ 454,695 1.80 818,451.00 614 Signing and Traffic (Sand Seal and Crack Fill) Per Location 6 :156.05 936.30 614 Signing and Traffic (Slurry Seal) Mile 31 1,542.00 47,802.00 627 Pavement Markings (Parking lot only) Gal. 39 a 78.31 3,054.09 630 MHT and Traffic Control for CDOT intersections Each 4 2,107.40 8,429.60 700 F/A Minor Contract Revisions F/A 1 20,000.00 20,000.00 Total: 947,182.39 RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. NONE Date: By: Addendum No. Date: y 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, The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for bid for Request No. 1181500132. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. FIRM A-1 Chipseal Co. BUSINESS ADDRESS 2505 E. 74th Ave. BY Daniel J. Gryzmala CITY, STATE, ZIP CODE Denver, CO 80229 (Please print) DATE 5/9/17 TELEPHONE NO A-1 Chipseal Co. FAX A-1 Chipseal Co. TAX ID 3t A-1 Chipseal Co. SIGNATURE E-MAIL Jjohnsor@a-lchipseal.com WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98- 03551-0000. Josh Holbrook From: Sent: To: Subject: Looks good to me. Frank Haug Monday, May 15, 2017 8:49 AM Josh Holbrook RE: 2017 contract renewal for 2017 slurry seal. Frank N. Haug Assistant Weld County Attorney 1150 O Street Mailing Address: P.O. Box 758, Greeley, CO 80632 tel: (970) 356-4000 x4394 fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Original Message From: Josh Holbrook Sent: Monday, May 15, 2017 8:46 AM To: Frank Haug <fhaug@co.weld.co.us> Subject: 2017 contract renewal for 2017 slurry seal. Good morning frank, Please see attached contract renewal for the 2017 slurry seal. I have also attached last years extension. I will be send this up in a pass around. Thanks Frank. Joshua Holbrook Construction Inspection Supervisor Department of Public Works 1111 H Street, Greeley CO 80632-0758 tel: 970.304.6496 Cell: 970.301.2622 1. 2017 Slurry Seal North Roads Mir 140 130 120 110 Inn 4n Rn 1 v INV IMP • v A r_1 • I I I 2017 Slurry Seal North Roads WCR 83rd Ave. 83rd Ave. 27 77 136 FROM TO Greeley CL O Street US 34 Greeley CL CO 392 74 126 136 77 89 { --I ---- --- ---'--I I I I 1 I I ___-J�_ TIM NATH 7n An I MFAD —ter t an • i I 1 I _ �- I I !f -i0 --r----` - --1 IL___J 1,____1-a 1 I 1 I ( , . I 1• I I 1_ _ I I I 1 I I • ,--�--r-t----; • t II I I .1 I--I-_�_ _ r _ J--: I i I•I I I I i I -•---- --1— VS —• I I I ;- •_,1• i • F I I -1--I• I I I_ I l -+ __._ 1 i • 1 I -- r - - - -f I 1 • i • • I I d I r r 1 • I • 1392 I I i I i 1 I L I A ILLIKEN -- _ EVANS J • i I • ' ---_I--L-4-_-T I , , 1----I• - 1 --4 • • • GILC'EOT - - • I _1. ,__L_4--- • i • 4--.t--+ 1---- • i 1 I --L—-I--1 I • I I ___.t_.4._,_ --I---+—i • 0 2.5 5 10 Miles 1 in = 4 miles Legend 2017 Slurry Seal 2017 Slurry Subdivision -- Highway Paved J Weld County PW 1111 list. Greeley, CO 80631 970-304-6497 Gravel Municipal, Paved Municipal, Gravel ` • I I \ \ \ - \'\1_-.- I I I I • I • • 130 120 100 90 An 70 60 s0 40 3 20 1n --- ERIE a ;r - 2017 Slurry & Sand Seal FIRESTONE DACONO A r _ Ji t I I I_ _ ---- - - - l- I I I 1 _ I I I I L • I I I I I I I I I i ' .\ I E_____. _ I r - r fez sill 2017 Slurry Seal Roads r - r _a --- - -- 1 1 1--I--I--I--l-- EVANS FORT LUP,TON A eta LOCHBU E I I a IS I- I • • • 0 3 6 I I I I { I I 1 m = 5 miles 12 Miles I I w _4_J WCR 83rd Ave. 83rd Ave. 27 34 7 18 32 28 43 77 136 6 -I 2017 Weld County Slurry Seal Subdivsions Arrowhead Highview Ranch Owl Creek Wattenburg FROM Greeley CL US 34 CO392 1 2.5 23 Platteville CL 39 28 126 77 23 s s TO O Street Greeley CL 74 Mead CL 4.5 Ft. Lupton CL 29 43 30 136 89 US 85 I 1 — - - I I I $ I . , I t I l t I= Its 2017 Weld County Parking Facilities Sheriffs North & South Parking Lot Weld County Planning Dept. !An i re i -4-i- 4- - - I I _ t I a-=-79_' _I_J i- 1 -I--{--I-1}- I I I- I t � Weld County PW 1111 FI st. Greeley, CO 80631 970-304-6497 Legend 2017 Slurry Seal Paved 2017 Slurry Subdivision - - - - Gravel - Parking Lot Sand Seal Municipal, Paved m Highway Municipal, Gravel Aas • • • •r -r -I I I I et Pm 20 10 • I I cn An n 9n 'In 2017 Slurry Seal South Roads WCR1 ••• 48 • I3 • :� U :0 - it: -WCR MEAD a c c n � U Z I LONGMONT I �oNya 1 SYLVAN .: -O y -,WCR LN WCR WCR 12.5 ... i t PEAK 5 VIEW 44G� ro O� RO4 AD 15k LONGs PEAK STREET I WCR -14 75 ERIE ---- --^Krl r WCR 52.25 WCR 50 JOHNSTOWN CC in Ur- Q� WCR z 48.5 -J BROAD ; w • I WCR 524 2017 Slurry Seal South Roads WCR 34 7 18 32 28 43 6 WCR 34 Oil. als WCR 24 5 r W 0 J .0 K bir o J W O U0 175 AVENUE DREAM ACRES HEDGES AVENUE In FROM 1 2.5 23 Platteville CL 39 28 23 '$G9. 3 uri iso PLATTEVILLE I ELM' > 0 ZU FREDERICK DACONO NORTHGLENN 1 HORNTON i I 73 WCR 22 WCR 24 1 1WCR 16- -; WCR I 9� 6 -19 Arrowheadc e . .212.1 yos ON rota OeTh/je SW TO Mead CL 4.5 Ft. Lupton CL 29 43 30 US 85 WCR 30 WCR 28 CI cc U -1---- cc U WCR 26 L I p ltr cri FWCR Mk a al WCR a, U w 0 1.25 2.5 5 Miles I I I I k I I I{ 1 in = 2 miles Legend 2017 Slurry Seal - - - - Gravel 2017 Slurry Subdivision Municipal, Paved _ z Highway Municipal, Gravel Paved I 14.5 N ce U .3 22.5 I I �L • 11.61,5,;13 WCR 20.2 WCR 4.5 •WCR- -r I 18.5 I MORRIS AVENUEcc Y i.; •Uw _ 40 aa co 1 a _In __J FORT LUPTON X to N WCR 122 T .WCR 10 Pr9 `4940 WCR 38 t� WCR 20 WCR 18 WCR 14 • N`'a Wei WCR 54 WCR 1 50.5 ,e tp OG 1/4 RT^p91"y WCR 32 -- Parks Lage Cr DOVE CIRCLET twE zZ�_ �g rn Z 195TH IY W AVENUE so cc fn i )y W D LI NELSON Z WCR6 > . I WCR4 WCR 2.75 WCR- 2.5 Ida Street a BRIGHTON I LUCHBUIE Jordan Way I i HUDSON i WCR2 Weld County PW 1111 H St. Greeley, CO 80631 970-304-6497 7n An I .O A 0 cc cc U .WCR I cn co C � NtN T _ - ORE LONGrIONT 1 ➢� B OR .�Q fir. <1/4 FAR-�iAOSa I WCR VIEW �� Z (24_5 1 MEAD TI s 2017 Subdivision Slurry Seal M NATH c� U 3 WCR 68.5 WCR 34 WINDSOR j WCR 60 LAKOTAH COURT. WCR 52.25 y n Arrowhead WCR 12.5 g UL t 119}aintr IU VIEW ROAD 175 „NUE inn DREAM ACRES KOCH STREET a y3 prv�.r•miyy I WCR 72 �U an MAY,DRIVE WCR 52! sto N N t c.• tU 3 • 149th St t WCR 22.5 \ta MA.-- 0 --�--1,`6353 WCR 24 WCR 66 cc 3 - -it::: ELM !t --ti-- -- - , STREET r 37th St WCR 50.5 1 WCR 48 — -- -- • Mason . -- -View — —i---- --- Road • , _1 Th, GREELEY WCR i R. 62.7 ' --_ 5 j WCR 62_L _ —A.SOS j _ wCR Sc _,WCR • 52.51 2017 Weld County Slurry Seal Subdivsions Arrowhead Highview Ranch Owl Creek Wattenburg �i SUN r__J___ � I I i WCR 28 I Fit'' ----- WCR 20.2 1-. FIRESTONE NORTHGLENN t ! 'L a WCR u% la 14.5 L WCR 8 0 1.5 3 6 Miles I i I I I I I I 1 In = 3 miles Legend 2017 Slurry Seal - - - - Gravel 2017 Slurry Subdivision Municipal, Paved Highway Municipal, Gravel Paved WCR 26 i WCR 18_5 J I v WCR 22 WCR 20 VFs o CP? Doti WCR 32 rn- ••• ....I .1.t ....... i r Wattenburg ONE P1NEr = STREET I U -- — I i rJ—I O Q WCR 2.75 ti• I Ida Street - -� WCR4 BRIGHTON • 2 Z �.a L0CHBUIE Weld County PW 1111 list. Greeley, CO 80631 970-304-6497 195TH VENUE SON Jordan W�ay 1 WCR 2 i _ WCR 30 HUDSON .14 Er U - fl WCR.16 WCR .5i wcR 16 I 795 WCR 10 I Er 2 WCR 6 I ACORO® �. CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDD�YYYY) 5/16/2017 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 Moody Insurance Agency, Inc. 8055 East Tufts Avenue Suite 1000 Denver CO 80237 CONTACT Deanna Zahn 0 __(303) 824-6600 i Fa r� (303) 370-0118 a DREss deanna.zahn@moodyins.com - INSURERS) AFFORDING COVERAGE NAICR INSURER A Phoenix Insurance Company 25623 INSURED A-1 Chipseal Company, DBA: Rocky Mountain Pavement, 2505 E. 74th Ave Denver CO 80229 INsuRER a :Travelers Prop Cas. Co_ of_ America. 25674 INSt1RERcPinnacol Assurance 41190 INSURERD:Illinois Union Insurance Company 27960 INSURER E : _ INSURERF: COVERAGES CERTIFICATE NUMBER:17-18 w/ forms REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AUDI SUBRT LTR TYPE OF INSURANCE ujSD wvD POLICY NUMBER POOCV fl —POLICY EXP (MM/DO/YYYY) (MWDQIYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1, 000, 000 A CLAIMS•MADE X OCCUR DAMAGE TO RENTED PREMISk5(fr.t4S=c1gr�1 $ 300,000 • DTCO0J73000517P11X 2/1/2017 2/1/2018 MED EXP (Any one person) $ 10,000 PERSONAL d ADV INJURY $ 1, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 iPOLICY ' X 28: H-'" PRODUCTS - COMP/OP AGG $ 2, 000, 000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (E_a ?(44401 $ 1,000,000 B X y ANY AUTO BODILY IN.IURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS DT8100J73000517TIL 2/1/2017 2/1/2018 BODILY NJURY Per accident) $ HIRED AUTOS — NON -OWNED AUTOS PROPEATYDAMACfE jPQr accidertl3 $ ___ $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10, 0001_000 I3 _ EXCESS LIAB I CLAIMS -MADE AGGREGATE $ 10, 000, 000 X • DE(' RETENTION 10,000 CUP2J3100431726 2/1/2017 2/1/2018 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X ' ATUTE _ OT11• ER Y i N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED N E_. EACI I ACCIDENT $ 500 000 '- C ,NIA (Mandatory In NH) 4055760 2/1/2017 2/1/2018 t -L. DISEASE - EA EMPLOYEE! $ 500, 000 II yes, describe under DESCRIPTION OF OPERATIONS below E L. DISEASE • POLICY LIMIT - $ 500, 000 D Pollution Liability CPYG27165825005 2/1/2017 2/1/2018 Limit per occurenceiaggregale $1, 000, 000 Retention $25, 000 DESCRIPTION OF OPERATIONS LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space Is required) RE: Slurry Seal and Sand Seal Contract - Bid No. B1500132 CERTIFICATE HOLDER Weld County, Colorado PO Box 758, 1111 H Street Greeley, CO 80632 ACORD 25 (2014/01) INS025 20140ti CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Deanna Zahn/SANPRO CO 1988.2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Bond No. 30012934 KNOW ALL MEN BY THE PRESENTS; that A-1 Chipseal Company PERFORMANCE BOND PROJECT: SLURRY SEAL AND SAND SEAL CONTRACT (Name of Contractor) 2505 E. 74th Avenue, Denver, CO 80229 (Address of Contractor) CO Corporation (Corporation, Partnership, or Individual) Western Surety Company (Name of Surety) 333 S. Wabash Avenue, Chicago, IL 60604 (Address of Surety) , hereinafter called Contractor, and a hereinafter called surety, are held and firmly bound unto Weld County. Colorado (Name of Owner) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of Nine Hundred Forty Seven* Dollars, ($ 947, 182.39 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. *Thousand One Hundred Eighty Two and 39/100 --- THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the 27th day of July , 10(16, a copy of which is hereto attached and made a part hereof for the construction of: 2017 PROJECT: Slurry seal and Sand seal contract described in the Invitation for Bids, Bid No. 81500132 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 ail 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. B1500132 Page - 36 - PERFORMANCE BOND PROJECT: SLURRY SEAL AND SAND SEAL CONTRACT IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of whi sha be deemed an original, this 27th (Contractor) Secretary Stephanie Wallis (SEAL) (Witness as to Contractor) 2505 E. 74th Avenue (Address) Denver, CO 80229 ATTEST: N/A (Surety) Secretary (SEAL) itness as Io Su'reey bodeD 8055 E. Tufts Avenue, #1000 (Address) Denver, CO 80237 day of July 20%. 2017 A-1 Chipseal Company Contractor By r 2505 E. 74th Avenue (Address) Denver, CO 80229 Western Surety Company Attorney -in- ad Karen A. Feggestad 333 S. Wabash Avenue (Address) Chicago, IL 60604 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. B1500132 Page - 37 - Bond No. 30012934 LABOR & MATERIALS PAYMENT BOND PROJECT: SLURRY SEAL AND SAND SEAL CONTRACT KNOW ALL MEN BY THE PRESENTS; that A-1 Chipseal Company (Name of Contractor) 2505 E. 74th Avenue, Denver, CO 80229 (Address of Contractor) CO Corporation , hereinafter called Contractor, and a (Corporation, Partnership, or Individual) Western Surety Company (Name of Surety) 333 S. Wabash Avenue, Chicago, IL 60604 (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 Nine Hundred Forty Seven Thousand One Hundred Eighty* Dollars($ 947,182.39 ), 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. *Two and 39/100 --- THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the 27th day of July , Wixx a copy of which is hereto attached and made a part hereof for the construction of: 2017 PROJECT: Slurry Seal and Sand Seal Contract described in the Invitation for Bids, Bid No. 81500132. 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. B1500132 Page - 38 - LABOR & MATERIALS PAYMENT BOND PROJECT: SLURRY SEAL AND SAND SEAL CONTRACT IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of July , ggn. 2017 27th A (Contracti'.Sr Secretary Stephanie Wallis (SEAL) (Witness as to Contractor) 2505 E. 74th Avenue (Address) Denver, CO 80229 ATTEST: N/A (Surety) Secretary (SEAL) Witkless as to S 8055 E. Tufts Avenue, #1000 (Address) Denver, CO 80237 A-1 Chipseal Company By mil/ l ems/ 2505 E 74th Avenue (Address) Denver, CO 80229 .'Western Surety Company y Karen A. Feggestard'ey i�1- 333 S. Wabash Avenue (Address) Chicago, IL 60604 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. B1500132 Page-39- Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Jody Anderson, Evan E Moody, Karen A Feggestad, Tina Marie Post, Bradley J Moody, David Dondlinger, Individually of Denver, CO, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 23rd day of January, 2017. State of South Dakota County of Minnehaha } SS WESTERN SURETY COMPANY aul T. Bruflat, Vice President On this 23rd day of January, 2017, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Fails, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires June 23, 2021 CERTIFICATE --729.41)0 J. Mohr, Notary Public 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation tinted on the reverse hews still in forte. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this day of Form F4280-7-2012 aoi7 WESTERN SURETY COMPANY • L. Nelson, Assistant Secretary RECEIVED MAY 122016 MEMORANDUM c MMis ONERs TO: Clerk to the Board DATE: May 11, 2016 FROM: Josh Holbrook, Inspection Supervisor SUBJECT: BOCC Agenda RE: Bid #15001332 Doc # 2015-1800 Contract Agreement Extension/Renewal with A-1 Chipseal. Extension of Agreement from July 27, 2016, to July 26, 2017. This is the second year of a possible three-year contract. M:\Francie\AGENDA memos \Agenda Josh . docx 4-(fik-o/a) Liaki)(J/-7,r) aot5-i80O BOARD OF COUNTY COMMISSIONERS REVIEW/ WORK SESSION REQUEST RE: Renewal for 2016 Sand Seal and Slurry Seal program with A-1 Chip Seal DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 4.1.6.2016 PERSON REQUESTING: Joshua Holbrook, Weld County Public Works Brief description of the problem/issue: The A-1 Chip Seal Agreement may be extended from July 27, 2016, to July 26, 2017, as permitted by the contract. This extension would be in the second (2nd) year of a possible three-year term limit. The contract also allows for yearly rate adjustments based upon the ENR (Engineering News and Record - Denver) and the Denver -Boulder -Greeley CPI. A-1 did request an increase for the 2016 Slurry Seal and Sand Seal contract this year. The cost increase for each item is attached. In 2015 Weld County only received two bids, one from A-1 and the other was from Foothills Paving. When comparing the 2016 quantities with A-1 Chip Seal 2016 cost and the 2015 second lower bidders cost from Foothills Paving the total cost difference is $92.34. If the contract is renewed the total contract amount with A-1 Chip Seal for 2016 would be $997,645.84 which is under the budget amount for 2016. A-1 was awarded this contract in 2015 as the low bid vendor and the department has been very satisfied with their work. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) The Board may either approve or deny the contract renewal/extension. Recommendation to the Board: Public Works recommend's the approval of the Contract extension/renewal to A-1 Chip Seal under the Slurry and Sand Seal Contract. Approve Schedule Recommendation Work Session Mike Freeman , Chair Sean P. Conway, Pro -Tern Julie A. Cozad Barbara Kirkmeyer Steve Moreno cc: Jay McDonald Curtis Hall Neal Bowers Mona Weidenkeller Janet Lundquist Attachments: 2016 Contract Agreement extension/renewal 2016 Bid Schedule 2015 vs. 2016 Cost comparison 2016 Certificate of liability insurance 2016 letter from A-1 Chip Seal 2016 Bonds Certificate of Liability Comments CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND A-1 CHIPSEAL. This Agreement Extension/Renewal ("Renewal"), made and entered into 27 day of July, 2016, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the "Department", and A-1 Chipseal, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement on July 27, 2015 (the "Original Agreement"), identified as document B#15001332 / 2015-1800 WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The original Agreement will end on July 26, 2016. • The parties agree to extend the Agreement for an additional one year period, which will begin July 27, 2016, and will end on July 26.2017. • The Renewal, together with the Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. This extension will be the second year of a possible three year contract 2. The 2015 Bid Schedule of the contact shall be replaced by the attached 2016 Bid Schedule, which is incorporated herein. 3. The total contract amount not to exceed $997,645.84. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: r\JD1n -JB ta.S.A. APPROVED AS TO SUBS APPROYFA AS .' FU Controller VED A ' • FOR County n' Attorney �� Yl.�l/ { Director of General Services Offi ' . I . r . - partment Head EST: d•1124441V Kf 0;ei eld C 7tY Jerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair MAY 16 2Qr& O2 0/� /fo BID SCHEDULE 2016 Slurry Seal and Sand Seal Contract Item Description Unit Est. Quantity Unit Price Contract Bid Number 408 Place Rubberized Crack Filler & Traffic Control (Weld County to supply material) Ton 7 2,800.00 19,600.00 409 Sand Seal SQ 11,830 1.14 13,486.20 409 Slurry Seal SQ 515,296 1.75 901,768.00 614 Signing and Traffic (Sand Seal and Crack Fill) Per location 3 151.80 455.40 614 SigningandTraffic (Slurry Mile 33.21 1,500.00 ,sae -eel It 515 627 Pavement Markings (Parking lot only) Gal. 18 76.18 1,371.24 630 MHT and Traffic Control for CDOT intersections Each 3 2,050.00 6,150.00 700 F/A Minor Contract Revisions F/A 1 $5,000.00 $5,000.00 Total: 2977-33078-4. * The successful vendor is required to sign a separate contract (a sample contract is included as a separate attachment.) RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. NONE Addendum No. Date: Date: By: 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. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for bid for Request No. #61500132. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. FIRM A-1 Chipseal Co. BUSINESS ADDRESS 2001 W 64th Lane BY Rick Whitfield, Vice President CITY, STATE, ZIP CODE Denver, CO 80221 TELEPHONE NO 303-464-9267 SIGNATURE t FAX 303-464-9261 DATE (Please print) 4/6/16 TAX ID # 84-1216817 E-MAIL jjohnson@a-ichipseal.com WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98- 03551-0000. 2015 vs. 2016 percent change for Slurry Seal and Sand Seal 2016 Cost Unit I Unit Cost I % Increase 38.4% 12.7% I 0 O 4 0 N ci N Lre, 0 Ql (-Ni 0 N O O d O 00 N $ 1.14 $ 1.75 O 00 c-1 Lf1 c -I O O d O Lf1 00 r -I lD N $ 2,050.00 .--I ton Per Location N • Ton 2 (.9 Unit Cost $ 1,725.00 Lfl 00 O O $ 73.95 O O1 a2 O kip O O v) O O u") O O O .-i N c-1 O N V} i!} i/} i/} V} a - ton SY AS Per Location Mile Each E f6 D N O Item Description Place rack Fill / WC to supply material Sand Seal Slurry Seal Traffic & Signing for Sand Seal Traffic & Signing for Slurry Seal Pavement marking MHT and traffic Control for cdot intersection U lf1 '- 4 a N E 408 409 409 614 627 630 N `i 2015 2nd low bid vs. 2016 renewal Slurry Seal and Sand Seal Price 2015 2nd low bidder pirces Foothills paving Unit I Unit Cost total 0 O up r`? r\ V} $14,787.5 $927,532.8 0 l0 0o Ln N $25,970.2 I 0 N CI) Lr N 0 Ln N r- 0 O O o L A-1 2016 Total $ 997,645.84 2015 Foothills $997,553.5 O O 00 d- r.i. V} N 00 O $ 782.00 $ 144.00 $ 575.00 O c -I r -I N O Ls) oo O o Li- V} V} V} V} ton ( � IPer Location I Mile U Each Q \l O Cost A-1 2016 prices Unit Cost I Est. Quantity I Total O ON O $ 455.40 O N O O L0 00 In r -I O O O L 00 d- L r•-• r -I co r m U O o Ol r ri m 01 r-1 lD V1 VT VT V} V} V? V? V? r•-• O m LU N 0 CO vi- tJ-r m m m 06 m o o o CO N V} r $ 1.75 0 0 0 o- o o `-i r+ ri In .-r o 0 Ln r -I LO r` O u o N O 0 0 111 tn. VT V} V} if). V? ++ ton AS SY Per Location Mile _ f0 L u F/A L! -L] Item Description Place rack Fill / WC to supply material Sand Seal Slurry Seal Traffic & Signing for Sand Seal Traffic & Signing for Slurry Seal Pavement marking MHT and traffic Control for cdot intersection F/A minoir contract revisions 408 I 409 409 614 d- r -I I 627 630 O 0 A -ONE CHIPSEAL March 8, 2016 Josh Holbrook Weld County Department of Public Works 1111 H St. Greeley, CO 80632-0758 Josh, Let me start by saying that our company really appreciates the strong working relationship we've had with Weld County over our history. Our proposed price increase is based upon several factors which have placed additional costs on our company for this year's work. The main factors for our increase are due to the fact that a greater percentage of this year's job has more square yards in residential areas. This will require more traffic control for a longer period of time due to the county' requirement to do only 1/2 of the streets at a time for slurry seal. This also slows production because of the hand work and increased time for cul-de-sacs. Also, more of this job is further north than the bid last year. There will be more per diem cost for the job. This calculates to a $.03 per SY increase for the additional hotel rooms and daily per diem rate cost we will incur. The substantial reduction in the crack seal has caused our price to go up. With the small amount of material and the increased drive time per ton, plus the additional time to pick up and drop off any material and box tops at the county's facility, we are spending more time driving in a day than we are actually applying material. Parking lots in general are slower production and will decrease productivity as opposed to the roadways from the bid last year. • The increase for the Sand Seal is purely driven by the decrease in SY. • The accelerated economy has increased trucking demands; with the limited supply our cost has increased approximately 5% per year. Several of the locations for this year are further north and have a greater percentage of this year's bid in those areas. This calculates to $.02 per SY for the added distance of stock pile haul. We have also been forced to pass on a $.01 per SY increase to haul the water that distance. • The existing economy combined with the limited skilled labor supply has increased labor costs approximately 5%. • The Healthcare Reform Act has increased costs in the past by approximately 5% per year and is projected to increase costs approximately 3% for the 2016 year. • We received a 3% - 5% increase in our aggregate material cost in the past two years. • The Consumer Price Index has increased over the past two years; 2.8% and 1.2% respectively. We have calculated a $.02 increase per SY for a cost of living adjustment. 2001 W.64th Lane Denver, Colorado 80221 P:303.650.9653 E F:303.650.9669 www.a-lchipseal.com > www.rockymountainpavement.com • Petroleum prices per barrel of crude oil have decreased substantially over the past two years, however our company has not realized substantial cost decreases because Asphalt and Road Oils comprise only 1.7% of the volume of a barrel of oil. • A substantial cost of our CRS -2P Emulsion comes in the manufacturing process which has experienced cost increases in: polymers, latex, trucking, additives, labor, and market supply and demands. • The increase in the traffic control is due to the requirements and demands of the county to have more flaggers, the lack of labor, and increased cost from our subs. We are passing on a small portion of the cost we have incurred and will need to continue to revisit this cost, and the requirements from the county, as we move forward this year and into future contract years. We make every effort to minimize passing on these costs to our customers and we have absorbed a significant percentage of them prior to making these adjustments. If you have any questions as to how we arrived at these increases, please contact me and I will be available to go over our numbers with you. Sit cerely Danny fxryzxala President 720-540-8277 Bond No. 58735923 PERFORMANCE BOND PROJECT: SLURRY SEAL AND SAND SEAL CONTRACT KNOW ALL MEN BY THE PRESENTS; that A-1 Chipseal Company (Name of Contractor) 2505 E. 74th Avenue, Denver, CO 80229 (Address of Contractor) corporation , hereinafter called Contractor, and a (Corporation, Partnership, or Individual) Western Surety Company - (Name of Surety) 333 South Wabash Avenue, Chicao, IL 60604 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) P.O. Box 758, 11.11 H Street, Greeley, Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of. $Nine Hundred Ninety Seven* . Dollars, (.' $997,646.4 ), 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. "Thousand Six Hundred Forty Five and 84/100 ... THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the 27th day of July. 2016 , 2g1 a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: Slurry seal and Sand seal contract described In the invitation for Bids, Bid No. 81500132 /2015-1800 NOW THEREFORE, if the Contractor shall well, truly and faithfully perform tts 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. B1500132 Page -36 - PERFORMANCE BON0 PROJECT: SLURRY SEAL AND SAND SEAL CONTRACT IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of ante W IIIs> _,-0RPORAT • r4sl•AL SEAL r.F • i 11/09/1992 '••y4' c• �[ORPO with as to Contractor) 2505'x97410' nue (Address) Denver, CO 80229 ATTEST: NA (Surety) Secretary (SEAL) AsCt A/F9 Witness as to Surety 8055 E. Tufts Avenue, #1000 - -- •• -- (Address) Denver, CO 80237 July, 2016 , 2o -1S. -1 Chioseal Company Contractor la, President 2505 E. 74th Avenue (Address) Denver, CO 80229 Western Surety C pang J NA}I-LAJ , By f A rnev-in-Fact -Kaylee Dawson 333 South Wabash Avenue (Address) Chicago, IL 60604 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. B1500132 Page -37- Bond No. 58735923 LABOR & MATERIALS PAYMENT BOND PROJECT: SLURRY SEAL AND SAND SEAL CONTRACT KNOW ALL MEN BY THE PRESENTS; that A-1 Chipseal Company (Name of Contractor) 2505 E. 74th Avenue, Denver, CO 80229 (Address of Contractor) corporation , hereinafter called Contractor, and a (Corporation, Partnership, or Individual) Western Surety Company (Name of Surety) 333 South Wabash Avenue, Chicago, IL 60604 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) P.O. Box TSB. 1111 H Street, Greeley, Colorado 51]632 (Address of Owner) hereinafter called Owner in the penal sum of Nine Hundred Ninety Seven Thousand Six Hundred Forty_Five and 84/100 Dollars($ 997,645.84 sue.,), 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 Into a certain Contract with the Owner, dated the 27th day of July, 2016 20-1S, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: Slurry Seal and Sand Seal Contract described in the Invitation for Bids, Bid No. MS00132./2015-1800 NOW, THEREFORE, if the Contractor shall promptly make payment to ail 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. B1500132 Page - 38- LABOR & MATERIALS PAYMENT BOND PROJECT: SLURRY SEAL AND SAND SEAL CONTRACT IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this 27th �' . pp5 oplf'Jgor) *.cret of oteplianie,)Wai4, ,.. 09,POn' l •m,i E Q1sEA1 SL, LF :..c i B 11/09/1992 C Qd Vto Cot actor) rapotOenue (Address) Denver, CO 80229 ATTEST: N/A day of (Surety) Secretary (SEAL) By _ Witness as to Surety 8055 E. Tufts Avenue, #1000 (Address) Denver, CO 80237 Chicago, IL 60604 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 57O as amended) and be authorized to transact business in the State where the Project is located, July, 2016 A-1 Chi s. om By Daniel J. ala, President 2505 E. 74th Avenue (Address) Denver, CO 80229 Western Surety ComQany ttorneyiti-Fact Kaylee Dawson 333 South Wabash Avenue (Address) MEMBER NASBP NAT ONTO ASSOCIATION ON SURETY 0ONA PRODUCERS MOODY INSURANCE AGENCY, INC. 8055 East Tufts Avenue, Suite 1000 DENVER, COLORADO 80237 PHONE: (303) 824-6600 BID NO. B1500132 Page -39- Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Evan E Moody, Karen A Feggestad, Tina Marie Post, Justin Tomlin, Bradley J Moody, Kaylee Dawson, Individually of Denver, CO, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 18th day of March, 2016. State of South Dakota County of Minnehaha } SS WESTERN SURETY COMPANY aul T. Bruflat, Vice President On this 18th day of March, 2016, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires June 23, 2021 J. MOHR SOUTH DAKOTA SOUIHWKOIC 9 CERTIFICATE J. Mohr, Notary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse her is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this .2% day of 'J/t DO/6 . WESTERN SURETY COMPANY 2°"4/444°71.../ L. Nelson, Assistant Secretary Form F4280-7-2012 A�!�® CERTIFICATE OF LIABILITY INSURANCE DATE(MMFDDrYYYY) 5/2/2016 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 Moody Insurance Agency, Inc. 8055 East Tufts Avenue Suite 1000 Denver CO 80237 CONTACT Cathy Baker NAME: ) (303) 824-6600 I ( 1o). (303)370-0118 Mlu% ADDRESS:cathy.baker@moodyins.com INSURER(S) AFFORDING COVERAGE i NAIC I INSURER A Phoenix Insurance Company 125623 INSURED A-1 Chipseal Company, DBA: Rocky Mountain Pavement, 2001 West 64th Ln Denver CO 80221 INSURER B :Travelers Prop CaS Co of America 25674 INSURER CPinnacol Assurance 41190 INSURERD:Illinois Union Insurance Company 27960 INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER:15-16 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR f IADDL'SUBR I POLICY EFF I POLICY EXP TYPE OF INSURANCE i INSD I WVD POLICY NUMBER : (MM(DO/YYVY) I (MM(DD/YYTY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000 A CLAIMS -MADE I X I OCCUR 10/1/2016 MEDEXP(Anyoneperson) $ 10,000 DTCO0190P673-15-PRX 10/1/2015 PERSONAL 8 ADV INJURY $ 1,000,000 GENt AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2, 000, 000 i PRODUCTS - COMP/OP AGG $ 2, 000, 000 I Employee Benefits $ 1, 000, 000 B AUTOMOBILE LIABILITY _ X ANY AUTO ALL OWNED AUTOS I HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS DT8100190P673-15-TIL 10/1/2015 COMBINED SINGLE LIMIT (Ea accident) f$ 1,000,000 BODILY INJURY (Per person) , $ 10/1/2016 BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ MCS 90 Filing 8 Form F $ B X UMBRELLA LIAR i EXCESS UAB X OCCUR I CLAIMS -MADE I ; EACH OCCURRENCE $ 10, 000, 000 AGGREGATE $ 10, 000, 000 10/1/2016 j i $ I DED ! X RETENTON$ 10,000 DTSMCUP0190P673-15-TIL 10/1/2015 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (MandatorylnNH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/ N N / A i 4055760 10/1/2015 X ii I STATUTE I I ER E.L. EACH ACCIDENT $ 500, 000 10/1/2016 E.L. DISEASE EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500, 000 D Pollution Liability CPYG27165825004 10/1/2015 10/1/2016 Limit per occurence/aggregate 1,000,000 Retention 25, 000 DESCRIPTION OF OPERATIONS / LOCATIONS i VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Slurry Seal and Sand Seal Contract B#15001332/2015-1800 CERTIFICATE HOLDER CANCELLATION Weld County 1150 "0" 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 Cathy Baker/BRAZUC ACORD 25 (2014/01) I N S025 r 2m do l © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD MEMORANDUM TO: Clerk to the Board DATE: July 21, 2015 FROM: Josh Holbrook, Inspection Supervisor SUBJECT: Agenda RE: Bid #B1500132; Doc #2015-1800 Agreement for Construction Services with A-1 Chipseal Company for the Slurry Seal and Sand Seal Contract. This is a one-year contract with a renewal option for the years 2016/2017. Please return one signed original Agreement. RECEIVED JUL 21 2015 WELD COUNTY COMMISSIONERS .V15-18do EGocr7a WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & A-1 CHIPSEAL COMPANY SLURRY SEAL AND SAND SEAL CONTRACT THIS AGREEMENT is made and entered into this i?day of 73.4 2015, 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 A-1 Chipseal Company, a corporation, who whose address is 2001 West 64th Lane, Denver CO, 80221, hereinafter referred to as "Contractor". WHEREAS, Various Weld County Roads are in need of Maintenance, (hereinafter referred to as the "Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the permanent repairs of these roads, and WHEREAS, County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit A; and B 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. BB1500132". The RFP contains all of 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. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit A which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"), to perform the services described on attached Exhibits A and B. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to 01075--/ 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, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 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 of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. This contract may be renewed on an annual basis for up to 2 years upon written agreement of the parities. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. 6 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 $988,678.15, which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs 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. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29- 1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 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 as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. 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 particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 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 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. 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 at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "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 in excess of 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's 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 reason of its 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 said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Indemnity: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contractor in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. 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 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 the following additional insured language on the additional insured e ndorsements specified above: "Weld County, its subsidiary, parent, associated and/or affiliated e ntities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers n amed 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 $500,000 errors and omissions. $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. 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 in excess of policy limits; iii. Contractual liability covering the indemnification provisions of this Agreement; iv. A severability of interests provision; v. Waiver of exclusion for lawsuits by one insured against another; vi. A provision that coverage is primary; and vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by County. 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 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 all of the requirements herein and shall procure and maintain the same coverage's 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, its project representative ("County Representative") who shall make, within the scope of his or her authority, and all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: A-1 chipseal Company, Daniel J. Gryzmala Attn.: President Address: 2001 W. 64th Lane, Denver, CO 80221 Facsimile: (303) 464.9267 County: Name: Joshua J. Holbrook Position: Construction Inspection Supervisor Address: 1111 H Street, Greeley, CO 80632-0758 E-mail: jholbrookweIdgov.com Facsimile: (970) 304.6496 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 actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action n ominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or u nenforceable 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 o riginal 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 u nder 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 u nder 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 n otify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5- 101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 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 of the Contract Amount. 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. 31. 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. 31. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000 annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract. "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state -issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion. This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law. 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. lie IN WITNESS WHEREOF, the parties hereto have signed this Agreement th•is �'7 day of , 201. CONTRACTOR: A-1 Chi. seal By: Name: Title: President :.r\pseat Co Ta :Q: SEAL 11/09/1922 WELD CO N Y: ATTEST: ,,r,/4J W'c1 BOARD OF COUNTY COMMISSIONERS Weld 'o my Clerk to th= BWELD COUNTY, COLORADO /61/44.., BY: Deputy �-rk P,�E'�VTT JL' Controller APPROVED A6 TO FORM: County Attorney arbara Kirkmeyer,hair ilL4A111-A—AuG 3 2015 APPROVED A O SUBST A NCE: Elecfed ial or Depart ent Head Director of'General Services Exhibit A BID REQUEST NO. B1500132 WELD COUNTY DEPARTMENT OF PUBLIC WORKS CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR PROJECT: SLURRY SEAL AND SAND SEAL CONTRACT (With Renewal Options for 2016/2017) V. May 2015 Weld County Public Works Division of Engineering P.O. Box 758 1111 H Street Greeley, Colorado 80632 970-304-6496 BID NO. B1500132 Page - 1 - TABLE OF CONTENTS The following checked forms and provisions take precedence over plan drawings and supplement the 2011 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. N otice to Bidders 3 Invitation for Bids 3 Instructions to Bidders 4-13 Bid Proposal 14 *Bid Schedule 15-16 *Bid Bond 17-18 *IRS Form W-9 19 *Statement of Qualifications and Subcontractors 20-23 WELD COUNTY CONTRACT FORMS: **Low Bidder must submit these forms prior to Contract Award. **Notice of Award 24 **Sample Agreement 25-35 **Performance Bond 36-37 **Labor and Materials Payment Bond 38-39 N otice to Proceed 40 Certificate of Substantial completion 41 Lien Waiver 42-43 N otice of Acceptance 44 WELD COUNTY PROJECT SPECIAL PROVISIONS: Special Provisions Index 45 Project Special Provisions 46-79 Appendex: Estimated Quantities 81-82 Project Location Map 83-84 BID NO. B1500132 Page - 2 - REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: MAY 29, 2015 BID NUMBER: B1500132 DESCRIPTION: SLURRY SEAL AND SAND SEAL CONTRACT FOR 2015 MANDATORY PRE -BID CONFERENCE DATE: NA BID OPENING DATE: JUNE 18, 2015 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Director of General Services (collectively referred to herein as, "Weld County"), wishes to purchase the following: Slurry seal and Sand Seal contract for 2015 (with possible two, one-year renewals) Bids for the above stated merchandise, equipment, and/or 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:10:00am on June 18, 2015 (Weld County Purchasing Time Clock). PAGES 1 - 12 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 3 - 13 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 13. 2. INVITATION TO BID: Weld County requests bids for the purchase of the above -listed merchandise, equipment, and/or services. Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the 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. You can find bid information on the Weld County Purchasing website at http://www.co.weld.co.us/Departments/Purchasing/index.html located under Current Request for Bids. Weld County Government is a member of the Rocky Mountain E -Purchasing System. The Rocky Mountain E -Purchasing System (BidNet®) is an on-line notification system that is being utilized by multiple governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Delivery to Weld County - 3 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: bids@weIdgov.com. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2. Facsimile. Bids may be faxed to 970-336-7226 attention "Purchasing". The vendor must include the following statement on the facsimile: "I hereby waive my right to a sealed bid. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. BID NO. B1500132 Page - 3 - 3. 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 970-336-7225 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 Director of General Services, 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 of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bids may be withdrawn upon written request to and approval of the Weld County Director of General Services; 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 Director of General Services for the premature opening of a bid not properly addressed and identified. 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 and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion 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, attached with this document, are 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 BID NO. B1500132 Page-4- 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 Director of General Services, 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. His title must appear under his signature and the official address of the partnership must be shown below the signature. 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. 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 DirectorofGeneralServicesmay at his 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. BID NO. B1500132 Page - 5 - In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, 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. The County may require a separate contract, which if required, has been made a part of this RFP. 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 and acceptable as surety to Weld County. The Bidder shall deliver the Bonds to the Owner not later than the date of execution of the Contract. 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, water, sanitary, 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 account of cash allowances named in the Bid Documents. 7. SITE CONDITIONS Familiarization with the Site: The prospective Bidder shall bycareful 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 Conditions for 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 BID NO. B1500132 Page - 6 - e mployees 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 u nder this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E --Verify Program or State of Colorado program procedures to u ndertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing 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 the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5- 103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by 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 financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial 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., with regard to public records, and cannot guarantee the confidentiality of all documents. 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 BID NO. B1500132 Page - 7 - e mployees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or e mployee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its e mployees 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 regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (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. Attorneys Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I 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. 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 BID NO. B1500132 Page - 8 - both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, 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 particular 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 bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. 0. 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 BID NO. B1500132 Page - 9 - e mploy 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 actually 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 o perations, 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 u nenforceable 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. U . Compliance with Davis -Bacon Wage Rates. The successful bidder understands and agrees that, if required by the Scope of Work, the work shall be in compliance with the Davis- Bacon Wage Rates. ✓ . 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 in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. 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 at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "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 in excess of 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 coverage's 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 BID NO. B1500132 Page - 10 - 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 reason of 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 o bligations and liabilities under this 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 e mployees, 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 o r 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 at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the 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, 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 BID NO. B1500132 Page - 11- 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. Additional Provisions: Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: �. If any aggregate limit is reduce by twenty-five percent (25%) or more by paid or reserved claims, Successful bidder shall notify County within ten (10) days and reinstate the aggregates required; ii. Unlimited defense costs in excess of policy limits; iii. Contractual liability covering the indemnification provisions of this Agreement; iv. A severability of interests provision; v. Waiver of exclusion for lawsuits by one insured against another; vi. A provision that coverage is primary; and vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by County. 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 goods or services were provided to County, whichever is earlier. 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 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 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. BID NO. B1500132 Page - 12 - Waiver of Subrogation: For all coverages, Successful bidder/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 all of the requirements herein and shall procure and maintain the same coverage's 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 BID NO. B1500132 Page - 13 - BID PROPOSAL To: Weld County Purchasing Department P.O. Box 758, 1150 "O" Street Greeley, Colorado 80632 Attention: Trevor Jiricek, Director of General Services Bid Proposal for: Slurry Seal and Sand Seal Contract 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, so as to fully appraise themselves 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 make their best effort to complete the entire 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. EXECUTION OF DOCUMENTS The Bidder understands that if this Bid Proposal is accepted, they 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 how 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. All mathematics will be checked and the correct total used for determining the low bidder. BID NO. B1500132 Page - 14 - TECHNICAL PROVISIONS FOR THE WELD COUNTY PUBLIC WORKS DEPARTMENT The Colorado Department of Transportation, 2011 Standard Specifications for Road and Bridge Construction, are the guidelines for the construction standards of this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. When specifications or special provisions contain both English units and SI units, the {English} units apply and are the specification requirement. PROJECT SPECIAL PROVISIONS Index Pages Commencement and Completion of Work Revision of Section 101 -Working Day Revision of Section 101 -Construction Requirements Revision of Section 104 -Scope of Work Revision of Section 105 -Claims for Contract Adjustment Revision of Section 106 -Material Inspection Revision of Section 106 -Control of Material Revision of Section 107 -Legal Relations and Responsibility to Public Revision of Section 108 -Prosecution and Progress Revision of Section 109 -Measurement and Payment Revision of Section 408 and 409 Materials Revision of Section 614 -Traffic Control Revision of Section 627 -Pavement Marking Tape Revision of Section 630 -Flagging Revision of Section 712 -Water Force Account Items / Basis of payment Basis of Payment Revision of Section 108.07 Liquidated Damages Revision of Section 108.01 Subletting of Contract (September 2011) (September 2011) (September 2011) (September 2011) (November 2014) (September 2011) (September 2011) (September 2011) (September 2011) (September 2011) (September 2011) (September 2011) (January 2014) (September 2011) (September 2011) (September 2011) STANDARD SPECIAL PROVISIONS (May 2013) (September 2011) Page 47 47 48-49 50 51 52 53 54 55 56 57-69 70-72 73-74 75 76 77 78 79 BID NO # B1500132 Page 45 NOTICE TO BIDDERS The proposal guaranty shall be a certified check, cashier's check, or bid bond in the amount of five 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 listed authorized representatives. Joshua Holbrook, inspection Supervisor Weld County Public Works Department 1111 H Street Greeley, CO 80632 Office Phone: 970.304.6496, ext. 3734 The above referenced individual is the only representatives with authority to provide any information, clarification, or interpretation regarding the plans, specifications, and any other contract documents or requirements. Subsection 102.10 shall be revised to include the following: The Contractor shall guarantee his work against defective materials or workmanship for a period of one (1) year from the date the project or portion thereof are put into service, or from the date of final acceptances, whichever occurs first. Contractor warrants and guarantees to the County that all equipment and materials furnished under this contract are free from all defects in workmanship and materials. Contractor shall remove from the project area, all work or materials rejected by the County or its inspector for failure to comply with the Contract Documents, whether incorporated in the construction or not. The Contractor shall promptly replace the materials or re -execute the work in accordance with the Contract Documents and without expense to the County which are or become defective due to such defects within one (1) year after the date of receipt by the County. The Contractor shall also bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement. Should the Contractor fail to proceed properly and in accordance with the guarantee, County may have such work performed at the expense of the Contractor. BID NO # B1500132 Page 46 COMMENCEMENT AND COMPLETION OF WORK The Contractor shall commence the work required by the Contract Documents within 10 calendar days after the date of the "Notice to Proceed". The total time allowed for completion of this Contract shall be eighty-four (84) days. The Slurry Seal and Sand Seal work time shall begin July 2,2015, and end September 24, 2015, (Note: Crack fill work is to be done prior to Sand Seal and Slurry Seal work). If construction continues beyond the Contract time period or the time as extended, the Contractor will be assessed liquidated damages as stated hereafter. REVISION OF SECTION 108 CALENDAR DAY CONTRACT Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.08 (CALENDAR DAY CONTRACT) shall be revised to include the following: Unless special arrangements are made with the Engineer, work shall be done only during regular and commonly -accepted or prescribed working hours from 7:00 A.M. - 6:00 P.M. No work shall be done at night or holidays unless special permission is given by the Inspector. When work is done at public parking facilities it will be necessary to complete work so that normal operations and customer accessibility to the county facilities are not disrupted. Late afternoon and Weekend work will be necessary. Coordination with facility managers will be required. If time extension is requested by the contractor outside of the above -mentioned prescribed hours, request to do so must be made to the inspector in writing a minimum of 48 hours in advance of requested work start time. A weather day needs to be requested in writing the day of the event and the NOAA web site (www.noaa.gov) will be used to track weather. BID NO # B1500132 Page 47 REVISION OF SECTION 101 CONSTRUCTION REQUIREMENTS (CRACKFILL) Section 101 of the Standard Specifications is hereby revised for this project as follows: Subsection 101.16 (Construction Requirements) shall be revised to include the following: Construction Requirements. Visible thermal cracking six (6) feet or more between cracks or as directed by the Engineer shall be cleaned and sealed. Immediately prior to sealing the crack and surface area for a least six (6) inches on both sides of the cracks(s) shall be cleaned of foreign matter, vegetation, and loosened particles with a HCA (hot compressed air) heat lance. In the event that the hot air lance is not able to clean and preheat the crack without over heating the surface it will be necessary for the contractor to use other means to remove debris from the crack. Adequate cleaning is determined by a darkening of the surface at least two inches in width, centered on the crack. Where dirt is still being retained on the un-melted (un-darkened) surface, the darkened width may be expanded to match the sealant configuration or as directed by the Engineer. The heat lance shall meet the following requirements: temperature of heated air at exit orifice minimum of 2,500EF. Velocity of existing heated air minimum of 1,800 fps. Direct flame dryers shall not be used. The band shall have a minimum thickness of 1/32 inch and a maximum thickness of 3/32 inch. A wipe zone flush with the pavement surface shall extend for a minimum of one-half (%") inch to a maximum of one (1) inch on either side of the band (see drawing Band-Aid Configuration page 38). The band shall be centered on the crack. Where traffic or construction activities may cause tracking or pull-out of the sealant material, the Contractor shall sand the sealant as it is placed, or as directed by the Engineer. Only silica sand or approved materials will be allowed, and shoulder dirt or gravel will not be used. Sealant material picked up or pulled out shall be replaced at contractor expense. Any damage to the traveling public resulting from sealant application or sealant pull-out shall be paid for the Contractor. The contractor shall repair all damaged work areas to their original condition prior to construction. Damaged areas will be repaired prior to moving to the next section. Cleaning and Sealing shall extend across the full width of the bituminous surfacing including paved shoulders, or as directed by the Engineer. Sealing shall be done only when the cracks are clean, dry, and preheated and only upon inspection and approval of the Engineer. Equipment: Sealant placement shall use circulating hot oil heat transfer for heating the product (sealant machines). No direct heat transfer units (tar pots) shall be used. Maximum product tank capacity of sealant placement equipment shall not exceed 500 gallons. Alternate equipment shall be approved by the Engineer. Temperature Control: Sealant manufacturer's instructions on application temperature shall be observed. The Contractor's sealant unit shall have available at all times, an operating ASTM 11-F thermometer with an intact mercury column or a certified, calibrated digital pyrometer, electronic thermometer, or equivalent direct reading temperature measurement device capable of reading within +-5EF from 200EF to 600EF. A log of product tank temperatures shall be recorded at one, +-10 minute intervals, and kept available for inspection by the Engineer. Project tank temperatures shall be taken with one of the certified calibrated devices described. Temperature gauge readings are not acceptable. Material that has been overheated in excess of 30EF above the manufacturer's recommended maximum temperature for one (1) hour, or 60EF for 2 hour, shall be wasted at the Contractor's expense. The Contractor will replace wasted material with only approved material of like kind and quality. The material shall not be placed if the temperature at the wand tip is below the manufacturer's recommended application temperature. BID NO # B1500132 Page 48 Crack Fill Detail Ow - <7 1 _a BID NO # B1500132 Page 49 REVISION OF SECTION 104 SCOPE OF WORK Section 104 of the Standard Specifications is hereby revised for this project as follows: Subsection 104.01 shall be revised to include the following: Crack Seal General Intention. It is the declared and acknowledged intention to repair cracks in roadway, parking lot and subdivision pavements by cleaning cracks with hot compressed air and filling them with rubberized crack filler. The work will include all specialized tools and equipment, labor, specified material and any other incidentals necessary for the project to be complete and ready for use. Weld County will Supply the Crack Seal material, bid cost shall not include the cost to purchase material. Sand Seal General Intention The bituminous sand seal surface shall consist of properly proportioned and mixed silicon sand, asphalt emulsion, coal tar, and water, spread evenly on the surface, as specified herein and as directed by the County Inspector. The seal coat, when cured, shall have a homogenous appearance, fill all cracks, adhere firmly to the adjacent surface, and have a skid resistant texture. The scope of this work consists of constructing a bituminous sand seal coat on a prepared surface in accordance with these Specifications and as shown on the plans or directed by the County Inspector. Stripin g General Intention This work consists of furnishing and supplying pavement marking in accordance with the Colorado Department of Transportation, 2011 Standard Specifications for Road and Bridge Construction and ADA design guide for restriping parking lots Slurry Seal General Intention The bituminous slurry seal surface shall consist of properly proportioned and mixed mineral aggregate, asphalt emulsion, and water, spread evenly on the surface, as specified herein and as directed by the County Inspector. The slurry, when cured, shall have a homogenous appearance, fill all cracks, adhere firmly to the adjacent surface, and have a skid resistant texture. The scope of this work consists of constructing a bituminous slurry seal surface on a prepared surface in accordance with these Specifications and as shown on the plans or directed by the County Inspector. BID NO # B1500132 Page 50 REVISION OF SECTION 105 CLAIMS FOR CONTRACT ADJUSTMENT Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.22 shall be revised as follows: The Colorado Department of Transportation will not participate in the resolution process for any claims filed by the Contractor. Contract claims will follow the appropriate procedures of Subsection 105.22 except that all claim reviews will be handled by Weld County or its duly authorized representative. The following terms of this subsection shall be defined as follows: Project Engineer shall be Weld County Public Works. District Engineer shall mean the Weld County Public Works Department or its duly authorized representative. Chief Engineer shall mean the Weld County Public Works Department or its duly authorized representative. For this project the Weld County Duly Authorized Representatives are: Project Manager: _ Project Engineer: _ Project Inspector: Joshua Holbrook Don Dunker Nate Gibson BID NO # B1500132 Page 51 REVISION OF SECTION 106 MATERIAL INSPECTION Section 106 of the Standard Specification shall include the following: When the Engineer inspects the material at the plant the following conditions will be met: The engineer shall have the cooperation and assistance of the Contractor and the materials producer. Weld County reserves the right to select random samples from the job in progress for retesting. All materials delivered to the pre approved staging area will have a representative sample and bill of lading available along with a certificate of specification compliance for the Engineer. Those materials sampled and tested after delivery on the project or after incorporation into the work that do not meet the requirements of the contract will be rejected. BID NO # B1500132 Page 52 REVISION OF SECTION 106 CONTROL OF MATERIAL/SORAGE OF MATERIALS Section 106 of the Standard Specifications is hereby revised for this project as follows: Subsection 106.08 shall be revised to include the following: Slurry Seal: Precautions shall be taken to ensure that stockpiles are carefully mixed just prior to use to ensure uniform distribution of the moisture, and that they do not become contaminated with over -sized rock, clay, silt, or excessive amounts of moisture. To eliminate oversized aggregate, the material shall be screened at the load site immediately prior to use. Costs for the screen will not be measured or paid for separately, but shall be considered incidental to the work. The stockpile shall be kept in areas that drain readily. Segregation of the aggregate will not be permitted. The contractor shall exercise care in the selection of stockpile locations. The stockpile should be located so as to minimize impacts to existing traffic and local residents. Under no circumstances shall stockpiles be located creating hazardous conditions for the traveling public. It is the sole responsibility of the contractor to locate stockpile sites. Stockpile and staging areas are to be provided to the engineer prior to starting work. Storage: The Contractor shall provide suitable storage facilities for the asphalt emulsion, using containers equipped to prevent water from entering the emulsion. If necessary, suitable heat shall be provided to prevent freezing. BID NO # B1500132 Page 53 REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC Section 107 of the Standard Specifications is hereby revised for this 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 Colorado and Local Health Department Regulations and with OSHA requirements. 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 or acts of God, such as flood, earthquake, tornado, or other cataclysmic phenomenon of nature, shall be restored by the Contractor at no cost to the County. BID NO # B1500132 Page 54 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.01 Delete the first paragraph beginning with "The Contractor shall not The Contractor shall, at all times, enforce strict discipline and good order among his subcontractors and employees, and shall seek to avoid employing, for the Contract, any unfit person or anyone not skilled in the work assigned to him. The County reserves the rights to require removal from the job site any employee or supervisor that is determined to be insubordinate, belligerent, and or lacking in job related skills. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors and supervisory personnel he proposes to use in the Work. If OWNER or Engineer after due investigation either prior to or during construction has reasonable objection to any proposed Subcontractor or supervisor, either may, before the Notice of Award is given, or during construction request the successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may order a cessation of work and begin the process of awarding the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors or supervisory personnel. BID NO # B1500132 Page 55 REVISION OF SECTION 109 MEASUREMENT AND PAYMENT Section 109 of the Standard Specifications is hereby revised for this 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 to be 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 actually incorporated in the Work. Periodic pay estimates cannot be processed until signatures from the Contractor, Project Inspector, and Contract Administrator are obtained. The Contractor shall be paid on the bid unit price basis, as indicated by the proposal, for the actual quantities installed. Measurement of Slurry seal, Sand Seal, Crack Seal and paint will be checked by the quantities of material components used (emulsion, aggregate, mineral filler). There will be no separate payment for additional additives used by the Contractor. The accepted quantities for work will be paid for at the contract prices for work, minus any reduction for noncompliance with approved aggregate or emulsion application rates. Payment shall include all equipment, labor, materials, overhead, incidentals, and mobilization required to complete the work as described in the Specifications. BID NO # B1500132 Page 56 REVISION OF SECTION 408 JOINT AND CRACK SEALANT Crack Fill: Section 408.02 of the Standard Specifications is hereby revised for this project as follows: Weld County will supply the crack fill material for this contract. Specifications below are for information only. Material specifications and references in the plans are in accordance with the State Department of Highways, Division of Highways, State of Colorado, Standard Specifications for Road and Bridge Construction, 2011. The Contractor will submit asphalt mix formulas and aggregate in writing prior to job start. State Highway mix formulas and aggregate tests on the materials to be used are acceptable. Material Specification Hot Pour Rubberized Asphalt Crack Filler. Crack filler material shall be hot pour polymer rubberized asphalt crack filler and shall not contain vulcanized or reclaimed rubber. Contractor shall submit details of proposed crack filler to the Engineer for approval. Crack filler material shall meet or exceed the following requirements. Material shall be tested in accordance to ASTM D-5329. Samples shall be prepared and heated in accordance to ASTM D-5167. Cone Penetration: The average of three determinations, when tested at 77EF for five (5) sec. at 150 grams total moving weight, will not exceed 90 DMM. Resilience: The average of three determinations when tested at 77EF for twenty (20) sec. will be a minimum of 60%. Flow: Material shall be tested in accordance to ASTM D-3407, Flow shall not exceed 3 mm. after 5 hours. Softening Point: Material shall have a minimum softening point 190EF (93.3 DC), ASTM D36. Tensile Strength Adhesion: Conduct test in accordance with ASTM D-3406, Section 4.7 Tensile Adhesion @ 77F; except that sealant specimens shall be cured 4 hours (not 7 days). Minimum extension is 500%. Ductility: A standard specimen shall be capable of being pulled a minimum of 30 cm at 1 cm/min at 39.2DF (4DC) (State of Utah Test). Force Ductility: The standard specimen shall not exceed a force of 4 pounds maximum during the specified elongation rate of 1 cm/min at 39.2DF (4DC). (State of Utah Test). Flexibility: A (1/8" x 1" x 6") specimen of the product conditioned to-16.6DF (-27DC)for one hour shall be capable of being bent to a 90D angle over a 1 - 1/8 inch (28.6mm) mandrell in 2 seconds without cracking. (State of Utah Test). Viscosity: Material shall have a viscosity of 1700CP maximum at 300DF (148.9DC), as determined by the Brookfield viscosity test method, SC4-27 spindle, 20 rpm. Incubate the specimen in the sample chamber and thermosel unit for 15 minutes prior to conducting the test. Report the result as the average of three. Use readings taken at 15, 30, and 45 minutes. BID NO # B1500132 Page 57 REVISION OF SECTION 409 MATERIALS Sand Seal: Section 409.02 of the Standard Specifications is hereby revised for this project as follows: Application Rates The contractor will supply daily run sheets showing material usage, time and duration of each application, area covered, quantity of each application, and location of work. The contents and coverage of this sealer/sand slurry mix shall be closely monitored to assure maximum cured film thickness. Two (2) applications are to be applied. The first coat should be allowed to dry to the touch approximately 1-3 hours prior to the second application. Sealer shall contain three to five (3-5) lbs. clean, graded silica sand per gallon. Bulk sand shall be weighed and witnessed by inspector. Contractor will supply mixture data for specific tank size used. The rate of application shall be approximately (11.1-13.3) square yards per gallon based on material properly mixed and applied. Sealer Specification A. SURFACE PREPARATION 1. All vegetation shall be removed from all surfaces to be sealed. 2 All surfaces to be sealed shall be thoroughly cleaned to remove all foreign debris (dirt, silt, gravel, etc.) using mechanically powered forced -air sweeper and steel bristle hand brooms. 3. Mud areas shall be scraped and thoroughly scrub -washed as necessary to assure proper adhesion of sealer. 4 Oil spots shall be removed. It may be necessary to apply a degreasing agent and then scrape or scrub the area to remove excess oil. SEALER APPLICATION 1. Sealer shall be applied strictly according to manufacturer's specifications 2. All sealer/sand emulsion shall be homogenous. Materials shall be kept in adequate suspension at all times during application by constant agitation. 3. All sealer/sand mix shall be uniformly applied utilizing techniques to fill voids and hairline cracks. There shall be no puddles or pin holes in finish coating. 4. All work shall be done using specialized seal coating equipment. Handwork will be allowed only in areas inaccessible to equipment or to accommodate neat, trim work at curb -lines. A dedicated effort shall be made to protect sidewalks, curbs, and concrete aprons and all other no asphalt surfaces from spills, footprints, or tire marks. Over spray or tracked areas will be removed at contractor's expense. 5 Sealer shall not be applied when ambient temperature is below 60 degrees, or falling, or when rain is imminent. 6. Sealed areas shall be barricaded from traffic and may be re -opened in no less than 24 hours. BID NO # B1500132 Page 58 REVISION OF SECTION 409 MATERIALS Asphalt Emulsion Sand Seal: 1. MODIFIED ASPHALT EMULSION PHYSICAL PROPERTIES: Particle Charge Cationic (With 3-5 lbs aggregate per gal) Color (wet) Brown Color (dry) Flat Black Penetration Base Asphalt 30-50 Specific Gravity 1.18 Min Polymer/Asphalt Ratio 2% min. Asphalt Cement to be polymerized before emulsification not post added latex. 2 AGGREGATE: Use washed dry silica sand or boiler slag, free of dust, trash, clay, organic materials or other contaminants. Sand added to 300 to 500 lbs per 100 gals of Modified Asphalt Emulsion. 3 WATER: Use water for mixing that is potable and free of harmful soluble salts. Water temperature needs to be at least 50 degrees Fahrenheit. Water added at 15% to 25% of Modified Asphalt Emulsion Concentrate. 4. OIL SPOT PRIMER: Must be compatible with Modified Asphalt Emulsion and be applied per manufacturer's recommendations. 5. The seal coat material must meet or exceed the requirements to Federal Specification R -P 355-D, and have the typical properties: Product Data Water, % Non Volatiles, % Ash Non Volatiles, Specific Gravity 25 Degrees C. Drying Time Minimum 15 47-53% 30-60 1.18 Min. 8 Hr. Max Maximum 25 52.1 40 1.21 PASS MIXTURE CHART PER 100 GAL OF MODIFIED ASPHALT EMULSION Application Modified Asphalt Emulsion Concentrate Water Aggregate Formula Application /Square Yard Rate /Square of Mix Yard per Gallons Gallons LBS Min.Gal. Max.Gals 1st Spray Coat 100 15-25 300-500 0.11 0.13 2nd Spray Coat 100 15-25 300-500 0.11 0.13 Additional coats may be added following the same spec for high traffic areas. BID NO # B1500132 Page 59 PRECAUTIONS: 1. Sealer should not be applied unless pavement temperature is at least 50 degrees Fahrenheit are expected for at least 24 hours. 2 Sealer should not be applied during rainy or in wet weather, or when rain is anticipated within eight hours after application is completed. 3 Since an emulsion may be damaged by freezing, it should be protected at all times when the temperature drops below 50 degrees Fahrenheit. 4. Asphalt Emulsions are not fuel resistant and should not be used in areas where petroleum based products may be spilled. EQUIPMENT: 1. Use application equipment that is capable of applying the material at required coverage rates evenly over the entire surface. To ensure this, equip all spray units with a pumping distribution system using positive displacement pumps. 2 The mixing part of the application equipment must be the tank type with a mechanically -powered, full -sweep mixer capable of homogeneously mixing the entire contents of the tank. 3 Use of hand squeegee or brush application is to be restricted to places not accessible to the mechanized equipment or to accommodate neat trip work at curbs, etc. Material that is applied by hand is to meet the same standards as that applied by machine. 4. Perform a water -break -free test to confirm that the surface oils have degraded and dissipated. (Cast one gallon of clean water out over the surface. The water should sheet out and wet the surface uniformly without crawling or showing oil rings.) If asphalt does not pass this test, additional time must be allowed for extra curing and retesting prior to sealing. 5. Cleaning: Clean as detail above. 6. Oil Spot Priming: As needed, see above. MIXING & APPLICATION OF MODIFIED ASPHALT EMULSION SEALER MIXING: 1. Blend the Asphalt Emulsion mixture in the equipment described above. The mixing must produce a smooth homogeneous mixture of uniform consistency. (Consultant asphalt emulsion supplier for its recommended order of addition of the ingredients.) During the entire mixing and application process, not breaking, segregating or hardening of the emulsion, nor bailing or lumping of the sand is to be permitted. 2. Small additional increments of water may be needed to provide a workable consistency, but in no case is the water content to exceed the specified amount. 3. A staging area will be agreed to at the pre construction conference that will satisfy Weld County of quantity usage and product proportion. 4. A traffic control plan must be submitted at the pre construction meeting for review prior to construction. BID NO ft B1500132 Page 60 REVISION OF SECTION 409 MATERIALS Slurry Seal Section 409.02 of the Standard Specifications is hereby revised for this project as follows: Asphalt Emulsion: The emulsified asphalt shall conform to the requirements listed below for type CQS-IhL except that the residual asphalt shall constitute at least 60% of the emulsion by weight. CQS-1hL CATIONIC QUICK SETTING EMULSIFIED ASPHALT WITH 3% LATEX POLYMER CQS-1hL shall be an emulsified blend of asphalt, water, styrene -butadiene rubber (SBR) latex and emulsifiers. The emulsion shall be pumpable and suitable for use in slurry seal mixing and spreading equipment and suitable for application through a distributor truck. The emulsion shall contain a minimum of three percent (3.0%) by weight of styrene -butadiene rubber (SBR) polymer solids based on weight of residual asphalt. The polymer shall be added as SBR latex by high shear mixing by co -milling or post -milling. The emulsified asphalt shall conform to the following requirements: Tests on Emulsion: Viscosity, Saybolt Furol, 77°F, s Storage stability test, 24-h, %A Particle charge test Sieve test, %A Distillation B: Residue, % positive 60 Min. Max. Test Method 20 50 ASTM D88 1 ASTM D244 ( ' 82 to 88) ASTM D244 (' 28 to 33) 0.1 ASTM D244 ( ' 58 to 63) Tests on residue from oven evaporation test (ASTM D244 ' 21 to 27)B: Penetration, 77°F, 100g, 55 40 Ductility, 77°F, 5 cm/min, cm 40 Solubility in trichloroethylene, % 97.5 Elastic recovery, 77°F, 10cm, 1h, % 40 ASTM D244 ( ' 11 to 15) 90 ASTM D5 ASTM D113 ASTM D2042 ASTM D6084 A. This test requirement on representative samples is waived if successful application of the material has been achieved in the field. B. Distillation to 500°F (D244 ' 11 to 15) shall be the reference method for percent distillate and percent residue. Residue by evaporation at 325°F (D244 ' 21 to 27) shall be the reference method to obtain material for tests on residue. Residue from distillation shall not be used for tests on residue due to polymer degradation at 500°F. Aggregate: RECOMMENDED SLURRY SEAL AGGREGATE SPECIFICATION The aggregate shall consist of natural or manufactured sand, slag, crusher fines, and others or a combination thereof. Smooth textured sand of less than 1.25% water absorption shall not exceed 50% of the total combined aggregate. The aggregate shall be clean and free from organic matter, other deleterious substances, and clay balls and shall meet the following requirements: BID NO # B1500132 Page 61 Aggregate will be sampled per ASTM D75 (ASTM C136 and ASTM C117) Materials finer than No. 200 sieve will be determined by washing. Sieve Size 3/8@ N o. 4 N o. 8 N o. 16 N o. 30 N o. 50 N o. 100 N o. 200 Percent Passing Stockpile Tolerance 100 90-100 65-90 45-70 30-50 18-30 10-21 5-15 Oversize granular material and/or presence of clay balls will require the project to be stopped. Screening through a #4 screen will be required prior to delivery to the slurry machine. If clay balls are present, the aggregate may not be used. Resistance to Degradation Soundness of Aggregate (ASTM C131) 25% maximum loss (ASTM C88) 15% maximum loss Sand Equivalent Value (ASTM D2419A) 60 minimum The reference method for preparation of the sample shall be as follows: The aggregate shall be oven dried at 140°F to a constant weight and allowed to cool to room temperature. Two percent (2.0%) of water based on weight of the aggregate shall be mixed with the aggregate and the aggregate -water mixture shall be sealed in a moisture proof and water proof container for a minimum of 24 hours. Complete using ASTM D2419 Procedure B. Mineral fillers such as Portland cement, limestone dust, lime, and fly ash shall be considered as part of the blended aggregate, and shall be used in the amount required. They shall meet the gradation requirements of AASHTO M17. Mineral fillers shall be used for one or more of the following reasons only: to improve the gradation of the aggregate; to control the time of break of the emulsion; to provide improved stability and workability of the slurry; or to increase the durability of the cured slurry. The total aggregate, including mineral filler, shall conform to the following gradation when tested by AASHTO T27. Mix Design General: Before work commences, the Contractor shall submit a mix design, signed and stamped by a Professional Engineer, covering the specific materials to be used on the project. This design shall be prepared by an independent laboratory qualified in slurry seal mix design and testing. Once the materials are selected, no substitution will be permitted unless first tested and approved by the laboratory preparing the mix design. Mix Design: The qualified laboratory shall develop the job mix design and present certified test results to the County Inspector. Compatibility of the aggregate and emulsion shall be verified by the mix design. All component materials used in the mix design shall representative of the material proposed by the Contractor for use on the project. AGGREGATE: Aggregate shall be sampled per ASTM D75 Unit Weight of Aggregate from 0 to 5% moisture by Rodding Procedure (ASTM C29) Soundness of Aggregate (ASTM C88) - aggregate supplier report accepted Resistance to Degradation by Los Angeles Machine (ASTM C131) - aggregate supplier report accepted BID NO # B1500132 Page 62 Gradation of Aggregate, with Materials finer than No. 200 sieve by wash (ASTM C136 and ASTM C117) Sand Equivalent Value of Aggregate with 2% moisture content (ASTM D2419 modified) Determination of height of largest aggregate particle retained on #4 sieve EMULSION: Viscosity, SSE, 77°F, s (ASTM DS) Storage Stability Test, 24h, % (ASTM D244) Particle Charge Test (ASTM D244) Sieve Test, % (ASTM D244) Residue, % (ASTM D244) Polymer Content, % (Supplier Certification) Penetration of Residue, 77°F, 5s, 100g, dmm (ASTM D113) Ductility of Residue, 77°F, 5cm/min, cm (ASTM D113) Solubility of Residue in Trichloroethylene, % (ASTM D2042) Elastic Recovery of Residue, 77°F, 1hr, 10cm, % (ASTM D6084) Specifications: The Owner shall review the design mix and all materials and methods prior to use. The component materials shall be within the following limits. Residual Asphalt 7.5% to 13.5% by dry weight of aggregate Mineral Filler0% to 3% by dry weight of aggregate Additive As required to provide the specified properties Water As required to produce proper mix consistency Laboratory Testing: Sources of all materials shall be selected and identified by the Contractor. All materials shall be pretested by the Contractor, at his expense, by a qualified laboratory as to their suitability for use in slurry and conformance with project specifications. Laboratory Report: The laboratory report will show the results of tests performed on the individual materials, comparing their values to those required by this Specification. The report will provide the following information on the slurry seal mixture. Test Purpose Slurry Seal Consistency Excess Asphalt Wet Stripping Test Compatibility Quick Set Emulsion Wet Track Abrasion Method Spec ISSA T106 ISSA T109 ISSA T114 ISSA T115 ISSA T102 ( 6 day soak)ISSA T100 75 gms/sq ft. max. * Mixing tests must pass at the maximum expected air temperature. ** Using job aggregate 2-3 cm 50 gms/sq ft. max. Pass * Pass **Pass BID NO # B1500132 Page 63 The laboratory shall further report the quantitative effects of moisture content on the unit weight of the aggregate (bulking effect). The laboratory report must clearly show the proportions of aggregate, mineral filler (min. and max.), water (min. and max.), additive(s) (usage), and asphalt based on the dry aggregate weight. A complete laboratory analysis and test report accompanied by abraded and unabraded slurry test samples shall be submitted by the Contractor a minimum of 2 weeks prior to use. The County Inspector shall be allowed to observe all testing. The County Inspector will perform testing on materials and mix design proposed for the project. This testing will be at the County's expense. The Contractor shall supply material samples as needed at no expense to the County. In addition to the tests shown above, the Owner shall use Schulze -Breuer -Ruck compatibility, methylene blue, cohesion, loaded wheel, and other tests it deems necessary to verify the quality of the slurry and its components. BID NO#B1500132 Page64 REVISION OF SECTION 409 MATERIALS Section 409.05 of the Standard Specifications is hereby revised for this project as follows: Equipment: All equipment, tools, and machines used in the performance of this work shall be maintained in satisfactory working order at all times. Any equipment found to be defective and potentially affecting the quality of the paving shall be replaced. Slurry Mixing Equipment: The slurry mixing machine shall be a double shafted continuous flow mixing unit, capable of delivering accurate pre- determined proportions of aggregate, water, and asphalt emulsion to a revolving spiraled multi blade mixer tank, and of discharging the thoroughly mixed product on a continuous basis. The aggregate shall be pre -wetted immediately prior to mixing with the emulsion. The mixing unit shall be capable of thoroughly blending all ingredients together without violent action. The mixing machine shall be equipped with suitable means of accurately metering each individual material being fed into the mixer. The units shall be equipped with approved devices so that the machine can be accurately calibrated and the quantities of materials used during any one period estimated. The mixing machine shall be equipped with a water pressure system capable of misting all the tires where they contact the pavement. The system is to be activated when ambient temperatures are over 90E F or when directed by the Engineer. A fog type spray bar adequate for completely fogging the surface with up to 0.05 to 0.10 gallons per square yard (depending on conditions and as directed by the Engineer), immediately ahead of the spreading equipment. The machine shall be capable of mixing materials at preset proportions regardless of the speed of the machine engine, and without changing machine settings. Slurry Spreading Equipment: The surfacing mixture shall be spread uniformly by means of a mechanical type spreader box attached to the mixer, equipped with paddles to agitate and spread the materials throughout the box. A front seal shall be provided to insure no loss of the mixture at the road contact point. The rear seal shall act as final strike off and shall be adjustable. The mixture shall be spread to fill cracks and minor surface irregularities and leave a uniform skid resistant application of material on the surface. The spreader box and rear strike off shall be so designated and operated that a uniform consistency is achieved to produce a free flow of material to the rear strike off. The longitudinal joint where two passes join shall be neat appearing, uniform, and lapped. All excess material shall be removed from the job site prior to opening the road. The spreader box shall have suitable means provided to side shift the box to compensate for variations in pavement width, longitudinal alignment, and pavement geometry. Proportioning Devices: Individual volume or weight controls for proportioning each material to be added to the mix, i.e., aggregate, mineral filler, emulsified asphalt, and water shall be provided and properly marked. These proportioning devices are usually revolution counters, gate valves, or similar devices and are used in material calibration and determining the materials output at any time. I Joints: Longitudinal joint overlap shall not exceed six inches over the previously placed slurry unless approved by County Inspector. Only burlap overlap drags will be permitted. Other types of drags will be permitted only with consent of the County Inspector. When burlap drags are used, they must be kept relatively clean, free of excessive build up, tears, and replaced a minimum of twice daily or at the discretion of the County Inspector. Quality Control: Materials The Contractor will assist the County Inspector in taking samples of the aggregate and asphalt emulsion used in the project at the Project Managers discretion. Gradation and sand equivalent tests may be run on the aggregate and residual asphalt content tests on the emulsion. Test results will be compared to specifications. Initial tests will be run at the expense of the County. BID NO it B1500132 Page 65 REVISION OF SECTION 409 MATERIALS Slurry Seal: Samples of the material may be taken directly from the mixing unit(s). Consistency and residual asphalt content tests may be made on the samples and compared to the specifications. Initial tests will be run at the expense of the Owner. The County Inspector may use the recorders and measuring facilities of the unit to determine application rates, asphalt emulsion content, mineral filler, and additive. Hand Work: Approved methods shall be agreed upon at pre -construction meeting for hand work. Lutes and squeegees shall be used to spread slurry in areas not accessible to the slurry mixer. Care shall be exercised to leave a pleasing appearance. Noncompliance: If any two successive tests fail on the stockpile material, the job shall be stopped. If any two successive tests on the mix from the same machine fail, the use of the machine shall be suspended. It will be the responsibility of the Contractor, at his own expense, to prove to the County Inspector that the problems have been corrected and that the machine is working properly. Finish: No streaks, such as those caused by oversized aggregate, will be left in the finished surface. No ripples or chatter marks will be allowed. If these conditions develop, the job will be stopped until the Contractor proves to the County Inspector that the situation has been corrected. After the lay -down work is completed and before final acceptance by the County Inspector: spot application of slurry seal material may be required to correct any deficiencies such as streaking. Scuff marks, tire tracks, gaps, etc. to improve the ride quality and overall appearance. Slurry seal material required to repair deficiencies due to unsatisfactory workmanship shall not be paid for but shall be placed entirely at the Contractors expense. BID NO # B1500132 Page 66 REVISION OF SECTION 409 MATERIALS (WEATHER LIMITATIONS) Section 409.04 of the Standard Specifications is hereby revised for this project as follows: No product shall be applied: When there is any danger the finished product will freeze before it cures completely. In the period following a rain while puddles of water remain on the surface to be coated. Slurries that cure by evaporation shall not be laid during periods of abnormally high humidity, or when rain may fall within four (4) hours. Slurries shall not be laid during periods of high humidity above 45%. Crack Fill: surface and air temperatures must be 40°F and rising at the time of sealant application. Slurry Seal: ambient temperature should be 50°F and rising, pavement surface temperature should be 65°F and rising. Sand Seal: Sealer should not be applied unless pavement temperature is at least 50 degrees Fahrenheit and the air temperature is 60 Fahrenheit and rising, and no freezing temperatures are expected for at least 24 hours. Striping: Paint for striping should not be applied unless pavement temperature is at least 50 degrees Fahrenheit and the air temperature is 60 Fahrenheit and rising, and no freezing temperatures are expected for at least 4 hours (Or to mfg. specification). BID NO # B1500132 Page 67 REVISION OF SECTION 409 MATERIALS Section 409.07 of the Standard Specifications is hereby revised for this project as follows: Applying Slurry Seal: Rates have been estimated for bidding purposes as follows: Daily reports shall be furnished by the Contractor to be used as a check for application rates and composition of the slurry mix. The amount of asphalt emulsion to be blended with the aggregate shall be determined in the laboratory, subject to final adjustment in the field to allow for absorption by the existing surface. The amount of water added must be controlled accurately to insure production of a readily spreadable, yet completely stable slurry. Proper water content shall be determined by an appropriate consistency test on freshly made slurry using T-106 procedures. Slurry Seal: The slurry shall be a homogenous mixture, sufficiently stable during the entire mixing - spreading period that the emulsion does not break; that there is no segregation of fines from the coarser aggregate and the liquid portion of the mix does not float to the surface. Total time of mixing, from introduction of emulsion to spreading shall be 2 minutes or less. The weight of dry aggregate applied per unit area shall be 18 lbs./Sq. Yd. The Contractor shall place a test strip of 60 square yards in the area designated by the County Inspector. The test section shall be placed using the same equipment and methods to be used on the job. Slurry mixtures placed in test strips shall conform to design mix with minor variations to obtain crack fillings bond to pavement, and desired skid resistant texture. In the event materials do not meet the requirements for fluidity, non -segregation, or surface texture, a new job mix shall be formulated and tested. Work shall not proceed before approval of a design mix and acceptance following the placing of a test strip. BID NO # B1500132 Page 68 REVISION OF SECTION 409 MATERIALS Section 409.09 of the Standard Specifications is hereby revised for this project as follows: Method of Measurement: Slurry seal: will be measured and paid for by the square yard. There will be no separate payment for additional additives used by the Contractor. Proportions of the material components to be used will be set by the Project Manager, as well as the spread rate. These will be as identified in the project mix design. For purposes of estimating quantities for the project, the following proportions and spread rates were assumed: Dry Aggregate Spread Rate % Mineral Filler* Asphalt Emulsion* *by dry weight of aggregate = 18 lbs./Sq.Yd. = 0-1.00% = 8.0% Application rates will be set to match the approved mix design. The range of acceptable application rates will be set to within plus or minus 1 pound of the application rates set by the County Inspector. At the conclusion of the project, emulsion, mineral filler, and aggregate tickets will be compared with the area of slurry seal placed to determine the average coverage rate for the project. If material delivery tickets indicate that the average application rates were below the minimum application rates, the final payment will be reduced as shown below: Amount Below Minimum Application Rate, Aggregate, Emulsion or Mineral Filler 1-3% 3-5% 5-7% 7-10% 10%+ Percent Reduction in Final Payment for Aggregate, Emulsion or Mineral Filler 10% 15% 20% To be negotiated No pay The Owner will continually be checking quantities using run sheets. The Contractor is encouraged to also check quantities with run sheets to avoid the penalties described above. Responsibility for ensuring proper spread rates and material proportions is solely the Contractors. The Contractor will be required to test sections on each project or sections where surface conditions change, in order to determine the appropriate rates and to calibrate equipment. The testing will be done at the direction of the Engineer. Crack Fill: this item in this contract includes all equipment, traffic control, signing, crack fill material and blotter material is to be bid and paid for by Unit Price per ton of filler; complete in place and ready for use. Crack sealing shall be measured by the ton of material used. The county will supply crack fill material for the job. The measured quantity shall include the blended mixture and dissolvable liner. The Engineer at the contractor's expense may require the weighing of equipment for determination of actual quantities of material used. BID NO # B1500132 Page 69 REVISION OF SECTION 614 TRAFFIC CONTROL Section 614 of the Standard Specifications is hereby revised as follows: Subsection 614.15 shall be revised as follows: This work shall consist of furnishing, installing, moving maintaining and removing temporary traffic signs, advance warning arrows panels, barricades, channelizing devices, and delineators as required by the latest revision of the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD). When a device is not in use, the Contractor shall remove it from the project for the period it is not needed. Devices temporarily not in use shall, as a minimum, be removed from the area. Moving will include devices removed from the project and later returned to use. Traffic control devices shall be placed and/or stored in the County right-of-way in such a manner that minimizes the hazards to pedestrians, bicyclists and vehicles. Traffic control devices shall be removed from the site immediately upon completion of the work for any street(s). Subsection 614.16 shall include the following: All traffic control devices placed for this project must meet or exceed the minimum standards set forth in the MUTCD. All traffic control devices shall be clean and in good operating condition when delivered and shall be maintained in that manner on a daily basis. All traffic control devices shall be clearly marked and free of crossed out information or any other form of defacement that detracts from the purpose for which they are intended (i.e. crossed out information, information written in long -hand style, etc.) Additionally, any sign blank with sign faces on both sides must have the back sign face covered when in use to avoid confusion to motorists traveling in the opposite direction and other potentially affected parties, such as residents affected by any information the sign may present. Subsection 614.20 shall be revised as follows: Traffic control through the construction areas is the responsibility of the Contractor. For all locations, a Traffic Control Plan shall be prepared. The Traffic Control Plans shall be submitted for approval to the Engineer by 8:00 a.m., two working days prior to the commencement of work. (Note: Traffic Control Plans for work done on Monday and Tuesday shall be submitted the previous Friday by 8:00 a.m.) Full road closure is prohibited. All plans shall be delivered to County Engineering, 1111 H Street. Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Traffic Control Plan has been approved. Failure to have an approved Traffic Control Plan shall constitute cause for the County to stop work, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. All costs associated with Traffic Control Plan review will not be measured or paid for separately, but shall be considered incidental to the Work. The Traffic Control Plan shall include, as a minimum, the following: (1) A diagram which shows proposed locations of sign placement, including advance construction signs (if not previously approved) and speed limit signs; method, length and time duration for lane closures, and location of flag persons. (2) A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to: construction signs; vertical panel; vertical panel with light; Type I, Type II, and Type III barricades; cones; drum channelizing devices; advance warning flashing or sequencing arrow panel. Certain traffic control devices may be used for more than one operation or phase. However, all devices required for any particular phase must be detailed and tabulated for each phase. BID NO # B1500132 Page 70 (3) Number of flaggers to be used. (4) Parking Restrictions to be in affect. (Subdivision work) Subsection 614.21 shall be revised as follows: Traffic Control Management shall be performed by a Traffic Control Supervisor (TCS). The TCS(s) shall possess a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control Supervisor or Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor. (Proof of certification shall be presented to the county when requested by a county representative, for each TCS utilized on this project.) One TCS shall be designated as the Head TCS. The Head TCS shall have a minimum of one year experience as a certified TCS. Qualifications shall be submitted to the Engineer for approval a minimum of one week prior to commencement of the work. The Head TCS shall be on site at all times during the construction when payment is made under the contract unit price for Traffic Control Supervisor per day. When the TCS is being paid under the TCS per hour item, time spent on site may be modified by the County Representative, as needed, based on the size and complexity of the project, location of work, duration of the project, traffic factors, weather, and roadway characteristics. It is the intent of the specifications that the Head TCS be the same throughout the project. If the Head TCS is to be replaced during the project, the Engineer shall be given a minimum of one (1) weeks notice and qualifications shall be submitted for approval for the replacement. The Head TCS will be paid for under the TCS item. The TCS's duties shall include, but not be limited to: (1) Preparing, revising and submitting Traffic Control Plans as required. (Review fees will not be measured or paid for separately, but shall be considered incidental to the Work.) (2) Direct supervision of project flaggers. (3) Coordinating all traffic control related operations, including those of the Subcontractors and suppliers. (4) Coordinating project activities with appropriate police and fire control agencies, Transport, school districts and other affected agencies and parties prior to construction. Typed hand delivered notification to all businesses and residents at least 24 hours prior to construction. (The notification of residents and businesses may be accomplished by a representative of the TCS.) (5) Maintaining a project traffic control diary which shall become part of the County's project records. (6) Inspecting traffic control devices on every calendar day for the duration of the project. (7) Insuring that traffic control devices are functioning as required. (8) Overseeing all requirements covered by the plans and specifications which contribute to the convenience, safety and orderly movement of traffic. (9) Flagging. (10) Setting up traffic control devices. Notification of residents and businesses shall be the responsibility of the TCS and shall consist of distributing letters indicating the nature of the work to be completed, any special instructions to the residents (i.e. limits on lawn watering during and prior to sealing operations, etc.), the dates and times of the work, and the parking and access restrictions that will apply. Letters shall be submitted with the Traffic Control Plans for approval. Approved letters shall be distributed a minimum of 24 hours prior to the commencement of work. BID NO #* B1500132 Page 71 The cost for preparing and distributing the letters shall be included in the bid unit cost for traffic control. Traffic control management shall be maintained on a 24 hour per day basis if necessary. The Contractor shall make arrangements so that the Traffic Control Supervisor or their approved representative will be available on every working day, "on call" at all times and available upon the Engineer's request at other than normal working hours. All costs associated with "on call" service, excluding actual hours worked, shall be included in the contract unit price for Traffic Control. BID NO # B1500132 Page 72 REVISION OF SECTION 627 PAVEMENT MARKING TAPE Section 627.10 of the Standard Specifications is hereby revised for this project as follows: Temporary pavement markings will be placed by contractor. The 4" wide by 12" long retro reflective adhesive tape will be placed at 75' intervals at the measured center of the roadway. Temporary marking tape is required prior to leaving job each day when existing pavement markings have been covered entirely or even partially. Under no circumstances will a road be left overnight without centerline delineation. BID NO # B1500132 Page 73 REVISION OF SECTION 627 PAVEMENT MARKINGS Pavement Marking: Contractor grade acrylic paint for striping in parking lots and epoxy pavement markings for roadway work. NOTE: Application rate for pavement markings is to be placed @ 1 Gal. / 105 SF SUBMITTALS A. Product Data 1. Submit manufacturer's printed Product Data Sheets. PROJECT/SITE CONDITIONS A. ENVIRONMENTAL REQUIREMENTS 1. Apply marking paint in dry weather when pavement and atmospheric temperatures are fifty (50) degrees F. or above (or mfg. Specification) and are anticipated to remain above fifty (50) degrees F. for four (4) hours after completing application. PART 2 PRODUCTS EQUIPMENT A. Commercial compressed air spray striping machine capable of applying an even coating at the manufacturer's recommended thickness in an even width across the stripe. B Or C. Commercial airless spray striping machine capable of applying an even coating at the manufacturer's recommended thickness in an even width across the stripe. EXAMINATION A. Inspect existing pavement surfaces for conditions and defects that will adversely affect quality of work, and which cannot be put into an acceptable condition through normal preparatory work as specified. B. Do not place marking over unsound pavements. If these conditions exist, notify Engineer. C. Starting installation constitutes contractor's acceptance of surface as suitable for installation. PREPARATION A. Provide qualified technician to supervise equipment and application of marking. Layout markings using guide lines, templates and forms. Stencils and templates shall be professionally made to industry standards. "Free hand" painting of arrows, symbols, or wording shall not be allowed. B. Thoroughly clean surfaces free of dirt, sand, gravel, oil and other foreign matter. C. Protect adjacent curbs, walks, fences, and other items from receiving paint. D. [Verify that any new pavement coating has been accepted by Engineer and has cured a minimum of twenty four (24) hours under good drying conditions. APPLICATION A. Apply marking paint at a rate of one (1) gallon per three to four hundred (300-400) lineal feet of four (4) inch wide stripes. (Or to mfg. specification) B Apply stripes straight and even in accordance with schedules. PROTECTION A. Barricade marked areas during installation and until the marking paint is dried and ready for traffic. NOTE: ALL HANDICAP MARKINGS WILL NEED TO BE UPDATED TO CURRENT ADA COMPLIANT. Glass beads shall conform to AASHTO M-247, Type 1 and should be silicon treated. BID NO # B1500132 Page 74 REVISION OF SECTION 630 FLAGGING Section 630 of the Standard Specifications is hereby revised for this project as follows: The Contractor shall install, move and maintain signs that shall be in compliance with the Manual on Uniform Traffic Control Devices. The Contractor shall also provide certified flaggers for the possible need to control local traffic during construction. See signing diagram. Slurry Seal The Contractor shall install, move, and maintain both the "25 MPH speed limit" and "15 -minute delay possible" signs. Signs shall be in compliance with the Manual on Uniform Traffic Control Devices. The Contractor shall also provide certified flaggers and a pilot car. For slurry sealing, a signing drawing with instructions is provided on the following pages. The pilot car will be used to guide traffic, at low speeds, between flag men, and around the construction area. if the sign, cones, or flag pylons are not present, the Engineer or inspector may stop construction and all equipment will be removed from the roadway until signs or cones are placed. See signing diagram. NOTE: There are several project locations that will require multiple passes with the slurry machine. It will be necessary to use special considerations for traffic control because of the wider section being sealed. The cost for traffic control at this location will be included in the bid item for traffic control. Traffic control cannot be more than 3 miles sections. BID NO # B1500132 Page 75 REVISION OF SECTION 712.01 WATER Section 712.01 of the Standard Specifications is hereby revised for this project as follows: Water used in construction shall be obtained and paid for by the Contractor with the cost incorporated in the unit price bid. All water used for construction shall be potable. BID NO # B1500132 Page 76 FORCE ACCOUNT ITEMS This special provision contains the Owner's estimate for force account items included in the Contract. Such estimated amounts 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 $5,000.00 BID NO # B1500132 Page 77 REVISION OF SECTION 108 LIQUIDATED DAMAGES Section 108 of the Standard Specifications is hereby revised for this project as follows: In subsection 108.09 delete the first paragraph and replace with the following: 108.09 Failure to Complete Work on Time. A daily charge will be made against the Contractor for each calendar day, including free time that any work remains uncompleted after the elapse of contract time. This daily charge will be deducted from any money due the Contractor. This deduction will not be considered a penalty, but as liquidated damages. BID NO # B1500132 Page 78 REVISION OF SECTION 108 Section 108 of the Standard Specifications is hereby revised for this project as follows: In subsection 108.01, second paragraph, delete the first sentence and replace with the following: The Contractor will be permitted to sublet a portion of the Contract, however, the Contractor's organization shall perform work amounting to 30 percent or more of the total contract cost. BID NO # B1500132 Page 79 APPENDIX VICINITY MAP & DETAILS: Estimated Quantities 81-82 Project location Maps 83-84 BID NO # B1500132 Page 80 Weld County Sand Seal 2015 LOi ATlON of PR(U BUILDING Parking Lot` Walton Buil S. Parki . Lot t Lu Service Center APPLI( ATION PARKING LOTS Sand Seal Sand Seal Sand Seal TOTAL SY 8,331 A Weld County' Crack LOCATION of ROAD SLBDI\ISONS Fill 2015 PROJECT From Carmacar Ranchettes Fir Ave. Mountain View St. Pikes Peak St. Mountain View St Fir Ave. 5 Spruce Dr. Pikes Peak St. 5 Stunmit iii v. Fir Av e. Cul-de-Sac East Eaton Wall St. 5th St Clark St. Clark St. Wall St. Factory Rd. Wall St. Eaton CL 5th S Eaton CL Wall St 5th St. 5th St, Clark St. Casa Grande Sierra Vista 22 15 Apache Rd. Del Camino Ln. 20 Del Camino La Sierra Vista 20 Del Camino Ct. Cul-de-Sac Sierra Vista Loma Linda Ct. Cul-de-Sac Sierra Vista La Rosa Ct. Cul-de-Sac Sierra Vista Del Cumundo Ct. Cul-de-Sac Sierra Vista Del Cumundo Ln. Sierra Vista Firestone CL Sioux Ct Cul-de-Sac 15 Navaho Ct. 22 Cul-de-Sac P_1RKLNG LOTS Walton Building N. Parking Lot Walton Building S. Parking Lot Ft Lupton Service Center BID NO # B1500132 Page 81 ry Slurry Seal 2015 Length (ft) Length ADM, SQ. YDS. Because Of TOTAL (miles) Bridges I Radii Approaches I Widened Areas SY" 5,698.00 1.08 197.00 64.00 - - 16,088.78 00 h CS O .�JI C+, CC; c 4 1-- Co M, --r -1- cc O_ cci -t 00 F-- o C, 0 N 11,387.131 44,241.131 00 O 'O Q 'o vi _A a CCU A -1- N C a o 00 117 1� v'1 I 117,434.42 I ti o0. qp�� Od,. Q y' N ^Y -Ai, :. t SUBDIVISONS karmacar Ranchettes I oo SLS`S I I 3,935.501 CO h o N t N -? I 2,631.33 I 'C ri 'C of b' '- cc, N fJ N h 'O v Cl O ..-, 1.0 ..n C 00 00 .-.' N ti a p `C d C C.. y.4 R Z v-, Cr m6 c11 N 00 00 '• N v. N m O` 0O O f-1 h N ,--, .. v', '0 d R 00 .-. I 1,293.74 I 'r 'O v v ,--t CO rl v �, •-, vi A -S h h n ,-. N O 00 N �-, TOTAL: 2.75 43,154.26 I Fo. _ ,0 K ,1 ,1- t--. O ,r, Ct Cl ri ,,.., ,,�., v, v: 'il c1' ryj Cc, O h O �O (6., CJ 427.76 I 449.09 470.22 486.52 502.51 521.09 , I , 873.00 v, h r 01 -1- 1 , <-1- --<r I 857.00 I ,- o 638.32 1. 1,366 64 CO N O N v, 00 t- C+41 00 h b Cs O CC1 00 68L11 vi A c 01 O\ N cc1 1 v, CT O 122.97 122.93 CA N N Ci 'O v, N O .-- -S m '0 135.50 0 0 Cr, t ^ 0 h v, O 1.0 t-- I 240.00 00 C -S 4 CI O ,c, h c-1 Do A N O o ,r, 'O A h ,r '7 0 'O 0 ,—, v, 0 v1 0, 0 I 0.04 Cs O O v'1 O O 0.04 I 10 en 0 '!1 O 0 v-, O 0 ac O — 00 O 0 05 O 6 at ,--- 0 A O 0 v) —, 0 7 h 0 A cc, O 'O N O N C'i O L 0.12 O O v , h ci t^ t^0 O C-, en —; 1 O Cl CA V: c,-; v, �.0 6 4.04 K ^ co O 00 M O C+'1 01 00 C 0 'O N O V, O O M CJ O 274.00 O N N O h 0i ^ 282.00 S O d' N 0 h O O N 0 A 10 c', •-• 0 V CO 0 r, O A cc, 0 O V cc, <r Q h Cs 'AI- S O `O h a N Sr G CC1 h h O 't v', 1.0 N C O — v, - O ,-. r' 0 - O h 00 0 . C O Y 0 O C''1 r--- 0 CO p ^ , 7 r", 0 t0 Cn N 0 cc N. Q, c--1 O O V' N O O `•r N I 24.00 24.00 24.00 0 0 V N 0 0 4 N 24.00 O O V N O O 4 C -I O O v, N 25.00 25.00 24.00 O O V N 23.00 24.00 0 Q N 0 O N c1 0 'r1 N 0 0 CJ 0 0 -Sr r1 0 C? v^, N v, r1 'O Cl O ,r, ' 0 N 'r, cI ' 0 r1 0 0 C' N 0 0 V r Ci O O Sierra Vista Cti v 2 (Sierra Vista 1 I Sierra Vista Firestone CL 15 Cul-de-Sac TOTAL: Clark St. 74 1/2 Wall St. Factory Rd. Wall St. Eaton CL 5th St. Eaton CL Wall St. 5th St. 5th St, Clark St. J [SH 392 ,r, o\ [Tikes Peak St. ICul-de-Sac U O Z ti * Z I Milliken CL a J y 122 .. a G y Ll m . V) Culde-Sac al L) ICulde-Sac [Cul-de-Sac .4 O) [Cul-de-Sac N N [Mountain View St. t'. Grp, (Pikes Peak St. 1-" [L 'Cs SH 14 CO h 0 'D C 'D C(, 'C, .-, v", Cc, -' O •--, 03 U) Apache Rd. I 'Del Camino Ln. V 0 Loma Linda Ct. `La Rosa Ct. U 0 71 u QJ a 0 10 0 y� C -I O Cl) Navaho Ct. Fir Ave. Mountain View St. ISpruce Dr. 3 CC CA_ C,1 Ci cn h ,c, v100 'C h BID NO # 81500132 Page 82 S Weld County Roads WCR FROM TO MILES 17 G reeley C L 54 1.08 22 15 Navaho Ct. 0.50 37 SH 14 Hwy 85 2.75 43 88 SH 14 3.03 52 17 Milliken CL 1.30 53 60.5 Kersey CL 2.09 55 SH 392 60.5 3.42 60.5 53 55 0.65 74 51 59 4.04 100 13 29 8.14 TOTAL 27.01 Slurry Seal Subdivsions SUB. Eastside Casa Grande NEAR MILES Eaton 0.64 Firestone 2.94 Carmacar Ranchettes Erie 0.85 TOTAL 4.4 Sand Seal Parking Lots Fort Lupton Service Center Walton Building N. Parking Lot Walton Building S. Parking Lot o V N 100 98 96 94 92 '90 88� 96 9 11 1 a.. t s • 6 2015 Slurry & Sand Seal Legend 2015 Slurry Seal 2015 Slurry & Sand Seal Subdivisons .. 4 .. .�... d 45 tl`.. 49 51 I. 1• :53 i 5 57 BID NO # B1500132 Page 83 2015 Slurry Seal Legend -k- 2015 Slurry Seal Subdivisons Page 84 BID NO # B1500132 Exhibit B 614 BED SCHEDULE 2015. Slurry Seal and Sand Seal Contract BNB Number Description Place Rubberized Crack Filler & Traffic Control (Weld County to supply material) Ton Est Quantity Unit Price Contract Bid 45 1,725.00 77,625.00 Sand Seal Slurry Seat SQ Per Location 20,900 .995 20,795.50 493,650 1.68 829,332.00' Signing and Traffic (Sand Seal) 3 150.00 450.00 614 Signing and Traffic (Slurry Seal) Mile 32'. 1,250.00 40,000.00 627 Pavement Markings (Parking`, lot only) Gal,, 47 73.95' 3,475.65 MHT and Traffic Control,. for Cdot intersections' F/A Minor Contract Revisions Each F/A 6 2,000.00' 12.000".00 Total:; 988,678.15 • The successful vendor is required to sign a separate contract (a sample contract is induded as a separate attachment.) BID Na B1500132 Page -,15 - RECEIPT OF ADDENDA. The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specl ti and other Contract Documents. Addendum No, 1 Date: 6-8-2015 By Addendum No. Date Bys , Bidder agrees to perform>. ail 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. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for bid for Request No. #B1500132. 2. The quotations set forth herein are exclusive of any federal excise taxes and ail other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), 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. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, Is to the best interests of Weld County. FIRM _ A-1 Chipseal'Co.. BUSINESS ADDRESS 2001 W 64th Lane,,, CITY, STATE, ZIP CODE Denver CO 80221 TELEPHONE NO, )303-41 SIGNATURE., BY Daniel J. Gryzmala President (Please print)' DATE 6/18/2015 FAX 303-464-9261 TAX ID #. 84-1216817 E-MAIL, jjohnson@a-lchipseal.com WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98.03551- 000O. BID NO, 61500132' Page -16 RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. #1 Date: 6.8,2015 By: Joshua Holbrook SIGNATURES: Dated this 8th day of Pone FIRM NAME: A-1 Chlpseal Co. BY: Daniel J. Gryzmala TITLE: President, BIDDER'S LEGAL SIGNATURE: ,20 15 STATE OF INCORPORATION; Cobra ADDRESS: 2001 W. 64th Lane, Denver, CO 80221 TELEPHONErNQt 303-464-9257 FAX NO:.. Add Proposals 1) Page 17 - change (ftebliglA Wale, Capaate Soak► to reflect the correct project in paragraph two. NOTICE OF AWARD PROJECT: Slurry Seal and Sand Seal Contract To: A -I c;Is p i c0.+�..,' top, L/ era l�wtt- P4VVItIo to BfiL"is I Project Description: The project in general consists of performing the crack seal in the subdivisions and parking lots and seal coat work for the 2015 construction season. The contract is a one year commitment with the option of renewal for up to two additional years. The project, 2015 Slurry seal and Sand Seal, in general consists of: -Crack sealing 45 tons in subdivisions and parking lots. (County to supply material) -Sand Seal 21,000 SY -Slurry Seal 495,000 SY This project is not subject to Federal or State contract requirements. 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 $ 9 913, G?e,1S or as 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 fall 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 S�y , 2015 Weld County, Colorado, Owner By: Josh Holbrook, Construction Inspection Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award Is hereby acknowledged by ��/lj ,,,Dsp C, (Contractor) Dated this By: day of �,/v 4 , 2015 ,,,,/ Title: 4 w.1 al'' / .'4O0141 BID NO. 81.500132 Page - 24 - Rose Everett From: Sent: To: Cc: Subject: Attachments: Stephanie Wallis <swallis@a-lchipseal.com> Thursday, June 18, 2015 8:29 AM bids 'John Johnson'; 'Danny Gryzmala' BID ENCLOSED: B1500132 SLURRY SEAL AND SAND SEAL CONTRACT FOR 2015 - JUNE 18@10:00 AM 20150618092539.pdf I hereby waive my right to a sealed bid, Stephanie Wallis Controller & Office Manager A-1 Chipseal & Rocky Mountain Pavement 720-540-8264 (office) 303-464-9261 (fax) swallis@a-lchipseal.com, http; //www.a-lchipseal.corn http://www.asphaltrepaircom This communication, together with any attachments hereto or links contained herein, is for the sole use of the intended recipient (s) and may contain information that is confidential or legally protected. If you are not the intended recipient, you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by return e-mail message and delete the original and all copies of the communication, along with any attachments hereto or links herein, from your system. I hereby waive my right to a sealed bid D niel J. Gryzmala A-1 Chipseal Co. seals this 18th day of seal of each corporate party being hereto affixed and these to authority of its governing board. al "' By: Witness BID NO. B1500132 BID BOND PROJECTS: Slurry Seal and Sand Seal contract KNOW AW. MEN BY THESE PRESENTS, that Al Chipseal Company as Principal, and 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 ($ _ . —5Z— ), 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, *Western Surety Company THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated , 201S for the PROJECTS: Slurry Seal and Sand Seal Contract 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 G 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 June , 2015 the name and corporate presents duly signed by its undersigned representative pursuant Principal A-1 Chipseal Company 2001 West 64th Lane, Address 80221 '!alit, Press Surety Western Surety Company 333 South Wabash Avenue Address Chi ago, EL 6060 MOODY INSURANCE AGENCY, INC. 8055 East Mitts Avenue, Suite 1000 DENVER, COLORADO 80237 PHONE; (303) 824-6600 torney--lit; Page -17 - Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota. and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Evan E Moody, Karen A Feggestad, Tina Marie Post, Justin Tomlin, Bradley J Moody, Individually of Denver, CO, its true and lawful Attorney(s)-in-Fad with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature In Unlimited Amounts - and to bind it thereby as fully and to the sameextent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, =hereby ratified and confirmed. 'This Power of Attorney is made and executed pursuant to and by authority of the fay -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 28th day of January, 2015. WESTERN SURETY COMPANY ul T. Bridle., Vice President State of South Dakota County of Minnehaha On this 28th day of January, 2015, before me personally came Paul T. Bruf►at, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corpcnution. My commission expires June 23.2015 1. Ss weeestessoweeseesysessoswees J. MONK tYOtitllal PUBLIC BABOTA CERTIFICATE J. Mohr, Notary Public I, I. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the fly -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed 7th June 2015 my name and affixed the seal of the said tiY rpuralian this _ _ day of, , WESTERN SURETY COMPANY 21. L. Nelson, Assistant Secretary Punn F4280-7-2012 i am W-9 into A1ljoal 2013) Elosoulnnni nrilerrrv-nvey IiIWWntt Rerun 9 lay a Request for Taxpayer identification Number and Certification Give Form to the requester. Do not send to the IRS. noon: nn. :Janette Int yne• Ilxwa.ltt trot. IOWA} A-1 Chipse4I Co. tat l%, o,.•s,.rrilr•atre.M.al" I rawly 11,4111 al dAl. dt,t Mot Ana Clack xi{w,ltxultr lout Its Iexh4M lax dlcariilnaeaxr c yy� � bxtvxhnpn,IFw ii1tQMKt1.M � (: r%ogx•alxsr /H 8 Corporator Me rim ship EI NM Iatany company Bolo; ilia lax rJa,:nrl1'aeww (C_C Ixaprall n it S corporation Pitfall 11101, 111111. C ai Olio. prepYwu.fret}► 1Address plumber. aiteet, eel appl of :IMP o.) 2001W64thLane Cary, Yoh:, rei ZIP unbr Denver C.0 80221 • I nut 4;::::41; eV.) it -I,• 44Anx orb T,nrl/exrxle Exemptions [See remucbnlash Frame reryrxw col* (II any) Cxwnparxt Iran 1A'Tl;Jt IVtno built ;Maki yt amyl .. t 16NMe'ffre • Mania .ono obeys, q-falti R14 , Weld County Taxpayer Identification Number (TINy Enter your RN in the appropnate box, The TIN provided mutt match the name given ortthe 'Name' line to avoid backup withholding For individuals; this is your soaat security number (SSN) However, for a resident open, ode proprietor, or disregarded entity, see the Part I instructions on pegs 3:For other entities, It is your employer identification number (EIN) If you do riot have a number, see Mow to get a DMonpage 3 Note, If the account to In mare than one name, see the chart on page 4 tar guidelines on whose number to enter. LamaCertification Underpenakies ca perjury; I certify that: 1 The number shown on this form is my correct taxpayer Identification number (or am waiting for a number to be issued to me), and 2 lain not subject to backup withholding because: (a) tam 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 (e) the IRS hes notified me that I am no longer subject to backup withholding, and 3 tam a U S citizen or other U S person (defined below), and 4 The FATCA code(e) enters(' on this forth pf any) indicating that i sm exempt from FATCA reporting is correct Certifioetlon instructions. You must cross out item 2 above If you have been notified by the IRS that you are cwrsctUy subject to backup withholding because you have failed to report all interest and dividends on •'*' return Far reel estate transactions, item 2 does not apply For mortgage llRteM of secured property camribulions to an individual retirement arrangement (IRA), and t and dividends, you are not the certification. but you must provide your correct TIN. See the Social sarxtdty number employer' identification Rapper 84 - 1 2'1 6 8 1 7 inter oil paid, argtrililion or yellernily payments olhw Wen Instructions on pays 3 Sign 7igessimer Here ma, 0, Oats ► 6/18/2015 General Instructions"' &A.;txn reisre►:en Ms lee Iho Internal n.wanu,. Coda 'mhos Mho MAO notot Future developments. the. NS: boo attended a pet": on eelboon to aNaalv1tn about Aram W -ft, at tree vs.gredv.9 bUamMbetnbrad Any Mese dovolmenanle ottoman Rain VV0{s,x:t.amlapvletner enontoi elI.Y WCmirM9a!t) wit be mobs' un that prom Purpose of Form. A persul Who no lectured totee an information morn yydhltw IRS malt obtain vole .knt17:l Wyman ldcttbbcalhan nurrrbut INN) W rtpa 1. to eaumpic. w1atile paid W you, payments made lovas in settlement of Bat/Mere card and thttd party nererwk banseeials: real estate iienve,tlons, matsepc mkrest you held, equation a abandoixnent'el se,:reedpoperry, cancellation al debt. M contibutioni vaunted* to on IHA. tam ham w ri arty el yin, air A Li S' pe11.OO (10(011011.1 Ir.4e OM raroq,. In provide your corn:') IAN to the Postal reMle4iltxl r1 (the requester) and, when applicable, la- 1 tiotbty that tin I IN you an piano as tomcod IIx year ate %mbonl to a nlattnx IV by 'sawn. 7 Ceslity ilal you am tuff enteral lobar:Imp welnhdrtno. a 3 Canto •.xf•npAlon ham backup vMldxnkkp 0 you ar e a Il S exempt payee, II applicable. vial are M'41 enrtnyxvrj ton tat a l i S per urn. yam rdimiax7la •4000 ot Any pea inwsllep lncrrnte brim a IJ.S. trade to beelines et tut urbtmwrto the Wlaexikdlrt tot nor ia«ual pithier s'afaro of etitotrvcly txanereedammo. and 4, Oerbty that rATt:Acode(s) entered oath* team. (it any) sW.alinntlai you are exempt beat the I A I CA reputing, Is correct Note, x )1111 viva 11.4. lawn soul a rwlu.ectet lima yore loon other than Fiala W U to request your tiN, you must use the tertuolers loam li d issubsfarWalty satnrle, Ip Oirs Fain W.8„ pallNaon eV U.S. person. FIX fedora lax pupusex. you we considered a L.S. person a vnu ate: • AI •%Mi i al rile, in al 15. 'alums ow US toohilrrr abra., • A pa.tluenlup, ,xareeeitu.. company, or ,osetnleAliot entwine' M (41511W1111 in Are Melon :hales to milts the (awe al Oho Untied HIMrs. • An totem (aide than:, honer edali,i M • A damaalr, trust pa Itelewd In Itayidei set see boo 301 770 1-7). Special rules err psrftarehipPs, tradnas)xpr Unit .xxskx:t xtrade Ix Ixwei. aS U. the Whel Sams Are Unn.vaty wiener' to pay 'e VAenherlm5 lax lxxkrl nachos t� 4a on wry freray, puittwrx' wary of elletchnesly cunxr;lstllaxlddryeomen nom .1rrh hseerei , Faiths esrxertai n mans 'Pharr a Futon W -A Ma not been rncnnn.i• 1714'maim: ureter yulca/x1 1446 mint., a piainerstop in presume liwt ,i jlWiner u troupe polecat, aril pay Min rxertlan 14.1i Y atitiwolrtmg Ins finntom, it y(ai ma 11,5 'Noun flat is v pxitrww ui a pa/Washy conducting atrade w buuiwva tr fie United :Slntoa, proem. hum W U to Ion padiueehp.In nAleSWhyvae 11S abate and awed strolxn 1.148 wdilonally'rn you atom of pxrlrmatap txw.nr- Gm Ni. tll23iX Fan. bV-9 (Rev A-7013) BID NO. B1500132 Page -19 - DATE OF THIS STATEMENT: _ STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS 6/18/2015 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. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. 1. Name of Bidder (Company or Firm): A-1 Chipseal Co. 2. Permanent main office address: 2001 W 64th Lane, Denver, CO 80221 Phone. Number:303-464-9267 Fax Number:: 303-464-9261 1992 3. Year Company was organized: 23 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? lt) A-1 Chipseal Co. - 23 Years Rocky Mountain Pavement - 6 Years 5. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: See Attached $ 6. List all contracts which were not completed by the contracted and completion date. Indude the project description and state the number of days beyond the contract completion date. N/A 7. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. NONE BID NO. B1500132 Page- 20- A-1 Chipseal Co. Current Work On Hand As of 6/17/2015 ao`)_n,. 6455 r r,, ..,r.. toveland20155tResurfacProg t• t ,. .. Gaye 500 EaftThlf6 Loveland. CO 80537 Heather 8amseler • AP J970).962-2310 Conlr.,c+ Air.,,r,. $ 474,699.55 ...',I,f $ 474,699.55 20% Jun -15 6471 Colo Spgs 2015 Chipseal Prog City of Colorado Springs 688 Geiger Court Colorado Springs, CO 80915 KenGianino (719) 3854813 $ 1,174,132.26 5 1,174,132.26 0% Jul -15 6492 Parker -2015 Chip/Slurry Prog 'Town of Parker 20120 Meinstreet Parker, CO 80138 Ron Martinet (303)805.3163 $ 836,743.44 5 836,743.44 22% Ail -15 6497 Cherry Hills 2015 St Improv City of Cherry Hills Village - - 2450£, Qunicy Ave. Cherry Hills Villago, CO 80110 lay Goldie (303)252-9655. $ 390.987 25 $ 390,987,25 0% - Jun -15- 6532 Woodland Park 2015 Chipseal City of Woodland Park P.O. Box 9007< Woodland Park, CO 80866 Sill Aispech X71111567.9246 $ 319,620.01 5 319,620.01 0% Jul -15 6552 Douglas Cty Surface Trmt Prog Douglas County 100 3rd Street 8130 Castle Rock, CO 80104 Sandi -;Finance (3031660.7430 $ 804,694.93 $ 804,694:93 0% Aug.15 6582 Broomfield 2015 St. Pavement GSy:ttfBimilaine0d One ptsaogtElef 0041 13010044k>k C0110020 tesWon't r 4303) 4114467,9 5 2,464,129,84 $ 2,464,129.84 9% Dec -15 6586 °Westminster 2015 Chipseal _. .. City of Westminster 6575 West88thAve. Westminster, CO 80030 Barb - Finance A/P NET 30 days 303) 858-2122 $ 842,864.00 $ 842,864,00 0% Jul.15 6587 Westminster 2015 Slurry City of Westminster 6575 West 88th Ave. Westminster, CO 80030 Barb - Finance A/P NET 30 days (303) 658.2522 $ 514,329.44 $ 514,329.44 0% Jun -15 6662 Brighton -1015 Crack-Chip-5lurr - City of Brighton 22 South 4th Ave Brighton, CO 80601 Bill Allen (303) 655-2036 $ 679,475.00 $ 679,475.00 096 Jun -15 6663 Arapahoe Cty-2015 Chip/Slurry Arapahoe dourly - 76005. Pe ds.S*reet Eerglerrood. CG80812 Jon Mts.: (7401ai4.650L $ 683,417,45 $ 683,417.45 • 0% Jul -15 6675 - Ft Collins 2015 Asphalt City of fort Collins Streets Department Fort Collins, CO 805220580 EMAIL. INVOICES (970) 221-8775 $ 1,936,79356 $ 1,936,793.56 4% Jun -IS 6688 CDOT.US 160Alam0Sa East Color1 oDept. ofTransporwtl 120 N Riverview Rd Sterling, c0:80751 Craft Locke (970) 522.0481 6 1,396,563.80. $ 1,396,563.80 0% Jul.15 6694 Aurora 2015 Surface Trmt Prog City of Aurora 15740E 32nd Ave Aurora, CO 80011 Raul Griega (303) 326-8208 $ • 1,474,517.40 $ 1,474,517.40 0% Jul -155 A-1 Chipaeal Co. Current Work On Hand As of 6/17/2015 6710 Greehylois a '' 1 4W ... 1000 10060960 Gun*. COSIXAS Pula 3504450 $ 868,463.25 $ 268.463 25 0% Jun -15 6712 Longmont 2015ChipseaIProgram City ofLongman 11015. Sbor+troa'S4, 10neX10nty E?#0S01'• Oar/Winks ,0!6514317 S 502,148.23 5 502,148.23 0% Jun -15 6719 Elbert County goad 8i8rldge Elie% E40003sC404049 P.O. 146 t:lowa, CO BOW Care Rol p02) Q21.1157 $ 486,404.05 $ 486,48465 0% Jul -15 $ L1,85%05146 $ 15,850{063.46 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. NONE 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. NO 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, similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction at the present time. List the project name, location, project superintendent, owner's representative and phone number, date completed and contract amount for each project. Project Name: City of Westminster - 2014 Chip Seal and Hot Chip Seal Location: Westminster„ co Supt: Josh Krueger Owner's Representative: Dave Cantu Phone 303-658-2522 Completion Date: 10/31/2014 Contract Amount: 806251.56 Project Name: City of Aurora 2014 Asphalt Surface Treatment Program BID NO. 81500132 Page - 21- Location: Aurora, CO Supt: Rogelio Contreras Owner's Representative: Matt Ward pie; 303-326-8213 Completion Date: 10/17/14 Contract Amount1,817,843.66 Project Name: Weld County 2014 Slurry and Sand Seal Project Weld County, CO Rogelio Contreras Location: Supt: Owner's Representative: _ Josh Holbrook Phone: 970-304-6496 Completion Date: 10/17/14 Contract Amount: _ 1,196,025.67 14. List all of 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 Rocky Mountain Parking Lot Services Striping .003% Northern Barricade Traffic Control 1.2% 15. List the principal members of the company who will be Involved with this project, including the superintendent, foreman, project manager, etc. NAME Rogelio Contreras Dana Turner Josh Krueger John Johnson YRS. PERTINENT TITLE EXPERIENCE Slurry Superintendent 6 Years Foreman 10 Years General Superintendent Senior Estimator 17 Years 35 Years 16. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. NONE BID NO. B1500'132 Page - 22 - 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. 18th June Dated this day of , 2015. NOTARY County of, Adams ) ss. a�ow '. g9Al Q'. 4" Bidder: A Chipsea(C �. t C.) i' ..7 • pony /�',.�000/41...4.41,. 4. � EAL , Signature i .c ;� 11/b9ft X92 �• . Name Daniel J. Gryzmala 1.* -..?4,066'?" ` (Please Type) '''w Title: President State of Colorado Daniel J. Gryzmala being duly sworn, deposes and says that he is President of, (Title) A-1 Chipseal Co. and that the answers to the foregoing questions (Company Name) and all statements therein contained are true and correct. Subscribed and sworn before me this June 18th day of, 2015. (SEAL) Commission Expires BID NO. B1500132 Page-23- BOND NO. 58727852 PERFORMANCE BOND PROJECT: SLURRY SEAL AND SAND SEAL CONTRACT KNOW ALL MEN BY THE PRESENTS; that A-1 Chipseal Company (Name of Contractor) 2001 West 64th Lane, Denver, CO 80221 (Address of Contractor) a Corporation , hereinafter called Contractor, and a (Corporation, Partnership, or Individual) Western Surety Company (Name of Surety) 333 South Wabash Avenue, Chicago, IL 60604 (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 Nine Hundred Eightv* Dollars, ($988,678.15 ), 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. *Eight Thousand Six Hundred Seventy Eight and 15/100 -- THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of , 2015, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: Slurry seal and Sand seal contract described in the Invitation for Bids, Bid No. B1500132 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. B1500132 Page - 36 - PERFORMANCE BOND PROJECT: SLURRY SEAL AND SAND SEAL CONTRACT IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of whisk-shej,I be deemed an original, this own "r(GQ tractor) Sehfetary is =0 PA.dpgPORq 1W1 SEAL <cs 11/09/7932 • 4 R ',• • . (110itness as to Contractor) Nogg...* Lane day of , 2015. —1_ Chipse = . Company Contractor By (Address) Denver, CO 80221 ATTEST: N/A (SEAL) (Surety) Secretary ba,u3 Witne as to Surety 8055 E. Tufts Avenue, #1000 (Address) Denver, CO 80237 DaneC . G = =, President 2001 West 64th Lane (Address) Denver, CO 80221 Westerly Surety Compan Attorne -I - Karen A. Feggestyaa 333 South Wabash Avenue (Address) Chicago, IL 60604 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. B1500132 Page -37- BOND NO. 58727852 LABOR & MATERIALS PAYMENT BOND PROJECT: SLURRY SEAL AND SAND SEAL CONTRACT KNOW ALL MEN BY THE PRESENTS; that A-1 Chipseal Company (Name of Contractor) 2001 West 64th Lane, Denver, CO 80221 (Address of Contractor) a Corporation , hereinafter called Contractor, and a (Corporation, Partnership, or Individual) Western Surety Company (Name of Surety) 333 South Wabash Avenue, Chicago, IL 60604 (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 Nine Hundred Eighty Eight Thousand Six Hundred* Dollars($ 988, 678,.15 ), 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. *Seventy Eight and 15/100 --- THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of , 2015, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: Slurry Seal and Sand Seal Contract described in the Invitation for Bids, Bid No. B1500132. 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. B1500132 Page -38- LABOR & MATERIALS PAYMENT BOND PROJECT: SLURRY SEAL AND SAND SEAL CONTRACT IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this earat,efork, ntractor) Secretary G$ ,.................. eC' llis iVt r, •cc•0FtPOAq ..... _TSEA'SEAL T. <c^ ' 7 s 11/09/1%12 S'•.SC,O �• 2001 West 64th Lane Ni,y •• VA11 es O to 6bntractor) (Address) .14,.„it 64th Lane o%`Denver, CO 80221 day of 015. A-1 Ch P al By ,y ractor el '( •=ale, President (Address) Denver, CO 80221 ATTEST: N/A (SEAL) (Surety) Secretary ab1/49151-) Witness as f'o)Surety 8055 E. Tufts Avenue, #1000 (Address) Denver, CO 80237 Surety Comp Attorney -in -Fact Karen A. Feggestad 333 South Wabash Avenue (Address) Chicago, IL 60604 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. MEMBER NASBP NRTIONPA ASSOCIATION OF SUBETN BOND PAODxEM MOODY INSURANCE AGENCY, INC. 8055 East Tufts Avenue, Suite 1000 DENVER, COLORADO 80237 PHONE: (303) 824-6600 BID NO. B1500132 Page -39- Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Evan E Moody, Karen A Feggestad, Tina Marie Post, Justin Tomlin, Bradley J Moody, Individually of Denver, CO, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 10th day of June, 2015. State of South Dakota County of Minnehaha } ss WESTERN SURETY COMPANY ul T. Brutlat, Vice President On this 10th day of June, 2015, before me personally came Paul T. Bmflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires February 12, 2021 la8. EICH SOUTH DOKOIR Kw•+w.rM.+w++++++• ♦ CERTIFICATE aun S. Each, Notary Public I, L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this day of WESTERN SURETY COMPANY L. Nelson, Assistant Secretary Form F4280-7-2012 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. AC�R�DATE `, CERTIFICATE OF LIABILITY INSURANCE (MMIDDIYYYY) 7/10/2015 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 Moody Insurance Agency, Inc. 8055 East Tufts Avenue Suite 1000 Denver CO 80237 CONTACT Cathy Baker PH°N (303) 824-6600 Ira. No): (303) 370-0118 Mitt: Mgt. EADOREss:cathy.baker8moodyins.com INSURER(8) AFFORDING COVERAGE NAIL I INSURERA:PhOenix Insurance Company 25623 INSURED A-i Chipseal Company Rocky Mountain Pavement, LLC 2001 West 64th Ln Denver CO 80221 INSURER B :Travelers Prop Cas Co of Amrca 5674 INSURERC:Pinnacol Assurance 41190 INSURER D: INSURERE: INSURER F : CATS NUMBER:14-15 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR L TYPE OF INSURANCE IINSR SUER WVD POLICY NUMBER IMM�/YEYYY) (POLICY MMIIDI DNYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X Y DTCO0190P673PEX14 Additional Insured Endt when required by contract C00246 08/05 attached 10/1/2014 10/1/2015 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300 , 000 MED EXP (Any one person) $ 10,000 I CLAIMS -MADE X OCCUR PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 GEIN'L AGGREGATE LIMIT APPLIES PER: � X I POLICYI—I jFCOr PI LOC $ B AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED — SCHEDULED AUTOS NON -OWNED AUTOS x y DT8100190P673TIL14 10/1/2014 10/1/2015 COMBINEDId0SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ MCS 90 Filing & Form F $ 8 X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X Y DTSUCUP0190P673TIL14 10/1/2014 10/1/2015 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 $ DED I X RETENTION$ 10,000 C WORKERS COMPENSATION AND EMPLOYERS' LABILITY ANY PROPRIETOR/PARTNER/F_XECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N YIN N / A Y 4055760 10/1/2014 10/1/2015 WC STATU- I OTH- X TORY LIMITS I J ER E.L. EACH ACCIDENT $ 500,000 EL DISEASE - EA EMPLOYEE $ 500,000 E.L DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Rig: Slurry Seal and Sand Seal Contract The Policy includes Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers as an Additional Insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the succesful bidder, including completed operations. Waiver of Subrogation is included as required by written contract. CERTIFICATE HOLDER CANCELLATION Weld County 1150 O Street Greeley, CO 80632 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Cathy Baker/DONBRI ACORD 25 (2010/05) INS025 owl rx l m m 1988-2010 ACORD CORPORATION. All rights reserved. The 0(`ARr1 name sail !tsars are ranie4erael marke n1 n(:AR11 Policy Number: DTCO0190P673PHX14 COMMERCIAL GENERAL LIABIUTY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED - (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section IR — Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal Injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and IL Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance" 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CGD2460805 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY • i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional Insured which covers that person or organization as a named insured as described in paragraph 3. above. 6. The following definition is added to SECTION V. - DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional In- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 coriase ® 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 Policy Number: DTCO0190P673PHX14 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — Provisions A. -H. and J. -N. of this endorsement broaden coverage, and provision I. of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. B. C. D. E. F. G. Broadened Named Insured Extension of Coverage — Damage To Premises Rented To You • Perils of fire, explosion, lightning, smoke, water • Limit increased to $300,000 Blanket Waiver of Subrogation Blanket Additional Insured — Managers or Lessors of Premises Incidental Medical Malpractice Extension of Coverage — Bodily Injury Contractual Liability — Railroads PROVISIONS A. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Declara- tions is as follows: The person or organization named in Item 1. of the Declarations and any organization, other than a partnership, joint venture or lim- ited liability company, of which you maintain ownership or in which you maintain the major- ity interest on the effective date of the policy. However, coverage for any such additional organization will cease as of the date, if any, during the policy period, that you no longer maintain ownership of, or the majority interest in, such organization. 2. WHO IS AN INSURED (Section II) Item 4.a. is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. H. Additional Insured — State or Political Subdivisions I. Other Insurance Condition J. Increased Supplementary Payments • Cost of bail bonds increased to $2,500 • Loss of earnings increased to $500 per day K. Knowledge and Notice of Occurrence or Offense L. Unintentional Omission M. Personal Injury — Assumed by Contract N. Blanket Additional Insured —Lessor of Leased Equipment 3. This Provision A. does not apply to any per- son or organization for which coverage is ex- cluded by endorsement. B. EXTENSION OF COVERAGE - DAMAGE TO PREMISES RENTED TO YOU 1. The last paragraph of COVERAGE A. BOD- ILY INJURY AND PROPERTY DAMAGE LI- ABILITY (Section I — Coverages) is deleted and replaced by the following: Exclusions c. through n. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by:. a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in Section III Limits Of Insurance. CGD3160704 019117 Copyright, The Travelers Indemnity Company, 2004 Page 1 of 6 COMMERCIAL GENERAL LIABILITY 2. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph 6. of LIMITS OF INSURANCE (Section III) is deleted and replaced by the following: Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under COVERAGE A. for the sum of all damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: fire; explosion; light- ning; smoke resulting from such fire, explo- sion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occurrence", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or light- ning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or b. The amount shown on the Declarations for Damage To Premises Rented To You Limit. 4. Paragraph a. of the definition of "insured con- tract" (DEFINITIONS - Section V) is deleted and replaced by the following: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or tempo- rarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water, is not an "insured contract"; 5. This Provision B. does not apply if coverage r' for Damage To Premises Rented To You of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — Coverages) is excluded by endorsement. C. BLANKET WAIVER OF SUBROGATION We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work"; or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you before the. "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. D. BLANKET ADDITIONAL INSURED - MANAG- ERS OR LESSORS OF PREMISES WHO IS AN INSURED (Section II) is amended to include as an insured any person or. organization (referred to below as "additional insured") with whom you have agreed in a written contract, exe- cuted before the "bodily injury" or "property dam- age" occurs or the "personal injury" or "advertis- ing injury" offense is committed, to name as an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in the writ- ten contract, or the limits shown on the Decla- rations, whichever are less. 2. The insurance afforded to the additional in- sured does not apply to: a. Any "bodily injury" or "property damage" that occurs, or "personal injury" or "adver- tising injury" caused by an offense which is committed, after you cease to be a ten- ant in that premises; b. Any premises for which coverage is ex- cluded by endorsement; or c. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. 3. The insurance afforded to the additional in- sured is excess over any valid and collectible Page 2 of 6 Copyright, The Travelers Indemnity Company, 2004 CG D3 16 07 04 COMMERCIAL GENERAL LIABILITY "other insurance" available to such additional insured, unless you have agreed in the writ- ten contract that this insurance must be pri- mary to, or non-contributory with, such "other insurance". E. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to paragraph 1. Insur- ing Agreement of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY (Section I — Coverages): "Bodily injury" arising out of the rendering of, or failure to render, the following will be deemed to be caused by an "occurrence": a. Medical, surgical, dental, laboratory, x-ray or nursing service, advice or instruction, or the related furnishing of food or bever- ages; b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; c. First aid; or d. "Good Samaritan services." As used in this Provision E., "Good Samaritan ser- vices" are those medical services ren- dered or provided in an emergency and for which no remuneration is demanded or received. 2. Paragraph 2.a.(1)(d) of WHO IS AN IN- SURED (Section II) does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only while performing the services described in paragraph 1. above and while acting within the scope of their em- ployment by you. Any "employees" rendering "Good Samaritan services" will be deemed to be acting within the scope of their employ- ment by you. 3. The following exclusion is added to paragraph 2. Exclusions of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY (Section I — Coverages): (This insurance does not apply to:) "Bodily in- jury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals corn- mitted by or with the knowledge or consent of the insured. 4. For the purposes of determining the applica- ble limits of insurance, any act or omission together with all related acts or omissions in the furnishing of the services described in paragraph 1. above to any one person will be deemed one "occurrence". 5. This Provision E. does not apply if you are in the business or occupation of providing any of the services described in paragraph 1. above. 6. The insurance provided by this Provision E. shall be excess over any valid and collectible "other insurance". available to the insured, whether primary, excess, contingent or on any other basis, except for insurance that you bought specifically to apply in excess of the Limits of Insurance shown on the Declara- tions of this Coverage Part. F. EXTENSION OF COVERAGE — BODILY IN- JURY The definition of "bodily injury" (DEFINITIONS — Section V) is deleted and replaced by the follow- ing: "Bodily injury" means bodily injury, mental an- guish, mental injury, shock, fright, disability, hu- miliation, sickness or disease sustained by a per- son, including death resulting from any of these at any time. G. CONTRACTUAL LIABILITY — RAILROADS 1. Paragraph c. of the definition of "insured con- tract" (DEFINITIONS - Section V) is deleted and replaced by the following: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" (DEFINITIONS - Section V) is de- leted. H. ADDITIONAL INSURED — STATE OR POLITI- CAL SUBDIVISIONS - PERMITS WHO IS AN INSURED (Section II) is amended to include as an insured any state or political subdi- vision, subject to the following provisions: 1. This insurance applies only when required to be provided by you by an ordinance, law or building code and only with respect toopera- tions performed by you or on your behalf for which the state or political subdivision has is- sued a permit. 2. This insurance does not apply to: a. "Bodily injury," "property damage," "per- sonal injury" or "advertising injury"' arising out of operations performed for the state or political subdivision; or CG D3 16 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 3 of 6 019118 COMMERCIAL GENERAL LIABILITY b. "Bodily_: injury" or "property damage" in- cluded in the "products -completed opera- tions hazard". I. OTHER INSURANCE CONDITION A. COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV), paragraph 4. (Other Insurance) is deleted and replaced by the fol- lowing: 4. Other Insurance If valid and collectible "other insurance" is available to the insuredfor a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance .is primary except when b. below applies. If this insur- ance is primary, our obligations are not affected unless any of the "other insurance" is also primary. Then, we will share with all that "other insur- ance" by the method described in c. below. b. Excess Insurance This insurance is excess over any of the "other insurance", whether pri- mary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk, or similar coverage for "your work"; (2) That is Fire insurance for prem- ises rented to you or temporarily occupied by you with permission of the owner; (3) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or tempo- rarily occupied by you with per- mission of the owner; or (4) If the loss arises out of the main- tenance or use of aircraft, "autos", or watercraft to the ex- tent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Li- ability; or That is available to the insured when the insured is an additional (5) insured under any other policy, including any umbrella or excess policy. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any provider of "other in- surance" has a duty to defend the in- sured against that "suit". If no pro- vider of "other insurance" defends, we will undertake to do so, but we will be entitled to the insured's rights against all those providers of "other insurance". When this insurance is excess over - "other insurance", we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such "other insurance" would pay for the loss in the absence of this in- surance; and (2) The total of all deductible and self -insured amounts under that "other insurance". We will share the remaining loss, if j any, with any "other insurance" that is not described in this Excess Insur- ance provision. c Method Of Sharing If all of the "other insurance" permits contribution by equal shares, we will follow this method also. Under this approach each provider of insurance contributes equal amounts until it has paid its applicable limit of insurance -_ or none of the loss remains, which- - ever comes first. If any of the "other insurance" does not permit contribution by equal shares, we will contribute by limits. Under this method, the share of each provider of insurance is based on the ratio of its applicable limit of insur- ance to the total applicable limits of insurance of all providers of insur- ance. B. The following definition is added to DEFINITIONS (Section V): "Other insurance": a. Means insurance, or the funding of losses, that is provided by, through or on behalf of: Page 4 of 6 Copyright, The Travelers Indemnity Company, 2004 CO D3 16 07 04 COMMERCIAL GENERAL LIABILITY • s MEM o; • d•W inlIMEMN oa MEI .= (1) Another insurance company; (2) Us or any of our affiliated insurance com- panies, except when the Non cumulation of Each Occurrence Limit section of Paragraph 5 of LIMITS OF INSURANCE (Section III) or the Non cumulation of Per- sonal and Advertising Injury limit sections of Paragraph 4 of LIMITS OF INSUR- ANCE (Section III) applies; (3) Any risk retention group; (4) Any self-insurance method or program, other than any funded by you and over which this Coverage Part applies; or (5) Any similar risk transfer or risk manage- ment method. b. Does not include umbrella insurance, or ex- cess insurance, that you bought specifically to apply in excess of the Limits of Insurance shown on the Declarations of this Coverage Part. J. INCREASED SUPPLEMENTARY PAYMENTS Paragraphs 1.b. and 1.d. of SUPPLEMENTARY PAYMENTS - COVERAGES A AND B (Section I — Coverages) are amended as follows: 1. In paragraph 1.b., the amount we will pay for the cost of bail bonds is increased to $2500. 2. In paragraph 1.d., the amount we will pay for loss of earnings is increased to $500 a day. K. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE 1. The following is added to COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), paragraph 2. (Duties In The Event of Oc- currence, Offense, Claim or Suit): Notice of an "occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), or an "employee" (such as an in- surance, loss control or risk manager or ad- ministrator) designated by you to give such notice. Knowledge by any other "employee" of an "occurrence" or offense does not imply that you also have such knowledge. 2. Notice of an "occurrence" or of an offense which may result in a claim will be deemed to be given as soon as practicable to us if it is given in good faith as soon as practicable to your workers' compensation insurer. This ap- plies only if you subsequently give notice of the "occurrence" or offense to us as soon as practicable after you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice discovers that the "occur- rence" or offense may involve this policy. 3. This Provision K. does not apply as respects the specific number of days within which you are required to notify us in writing of the abrupt commencement of a discharge, re- lease or escape of "pollutants" that causes "bodily injury" or "property damage" which may otherwise be covered under this policy. L. UNINTENTIONAL OMISSION The following is added to COMMERCIAL GEN- ERAL LIABILITY CONDITIONS (Section IV), paragraph 6. (Representations): The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy shall not prejudice your rights under this insurance. How- ever, this Provision L. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable state insurance laws, codes or regula- tions. M. PERSONAL INJURY - ASSUMED BY CON- TRACT 1. The following is added to Exclusion e. (1) of Paragraph 2., Exclusions of Coverage B. Personal Injury, Advertising Injury, and Web Site Injury Liability of the Web XTEND Liability endorsement: Solely for the purposes of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses in- curred by or for a party other than an insured are deemed to be damages because of "per- sonal injury" provided: (a) Liability to such party for, or for the cost of, that party's defense has also been as- oIa»s CG D3 16 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 5 of 6 COMMERCIAL GENERAL LIABILITY sumed: in the same "insured contract"; and (b) Such attorney fees and litigation ex- penses are for defense of that party against a civil or alternative dispute reso- lution proceeding in which damages to which this insurance applies are alleged. 2. Paragraph 2.d. of SUPPLEMENTARY PAY- MENTS - COVERAGES A AND B (Section I — Coverages) is deleted and replaced by the following: d. The allegations in the "suit" and the in- formation we know about the "occur- rence" or offense are such that no conflict appears to exist between the interests of the insured and the interests of the in- demnitee; 3. The third sentence of Paragraph 2 of SUP- PLEMENTARY PAYMENTS - COVERAGES A AND B (Section I — Coverages) is deleted and replaced by the following: Notwithstanding the provisions of Paragraph 2.b.(2) of Section I —. Coverage A — Bodily In- jury And Property Damage Liability, or the provisions of Paragraph 2.e.(1) of Section I — Coverage B — Personal Injury, Advertising In- jury And Web Site Injury Liability, such pay- ments will not be deemed to be damages for "bodily injury" and "property damage", or damages for "personal injury", and will not re- duce the limits of insurance. 4. This provision M. does not apply if coverage for "personal injury" liability is excluded by endorsement. N. BLANKET ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (referred to below as "additional insured") with whom you have agreed in a written contract, exe- cuted before the "bodily, injury" or "property dam- age" occurs or the "personal injury" or "advertis- ing injury" offense is committed, to name as an additional insured, but only with respect to their li- ability for "bodily injury", "property damage", "per- sonal injury" or "advertising injury" caused, in whole or in part, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such additional insured, subject to the following provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in the writ- ten contract, or the limits shown on the Decla- rations, whichever are less. 2. The insurance afforded to the additional in- sured does not apply to any "bodily injury" or "property damage" that occurs, or "personal injury" or "advertising injury" caused by an of- fense which is committed, after the equipment ( lease expires. 3. The insurance afforded to the additional in- sured is excess over any valid and collectible "other insurance" available to such additional insured, unless you have agreed in the writ- ten contract that this insurance must be pri- mary to, or non-contributory with, such "other insurance". Page 6 of 6 Copyright, The Travelers Indemnity Company, 2004 CG D3 16 0704 • Policy Number: DT810 190P673TI L14 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Pad, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS INCREASED LIMITS F. HIRED AUTO LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE - GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph Al., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in Al.,, Who Is An Insured, of SECTION II.- LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an insured" under the Who Is An Insured provision contained in Section It. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION 8 —. LI- ABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 007156 CAT3530609 O 2000 The Travelers Companies, Inc. Includes the copyrighted material of insurance Services Office, Inc. with its permission_ Pagel of 4 COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS; b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph M., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any "employee" of yours is an *insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2 .(2) of SECTION II — LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic taw viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II — LIABILITY COVERAGE: (4) Al reasonable expenses incurred by the "Insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO - LIMITED WORLDWIDE COV- ERAGE - INDEMNITY BASIS The following replaces Subparagraph a. in Para- graph B.7., Policy Tenn, Coverage Territory, of SECTION IV - BUSINESS AUTO CONDITIONS: a. Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (d you are a partnership), members Of you are a limited liability company) or members of their house- holds. (1) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (a) You must arrange to defend the "insures" against, and investigate or settle any such claim or "suit" and keep us advised of all pro- ceedings and actions. (b) Neither you nor any other in- volved "insured" will make any settlement without our consent. (c) We may, at our discretion, par► ticipate in defending the "insured" against, or in the settlement of, any claim or "suit". (d) We will reimburse the "insured": (I) For sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "insured"" pays with our consent, but only up to the limit described in Paragraph C., Limit Of Insurance, of SECTION II LIABILITY COVERAGE; (0) For the reasonable expenses incurred with our consent for your investigation of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit de- scribed in Paragraph C., Limit Of Insurance, of SECTION Il UABILIIY COVERAGE, Page 2 of 4. O 2009 The Travelers Companies, Inc. - kiciudes the copyrighted material of h st tone Services Office, kic. nth Its permission. CA 13 53!06 09 • • and not in addition to such limit Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, moments or defense expenses. (2) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess contingent or on any other basis. (3) This Insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, Its ter- ritortes and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (4) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE GLASS The following is added to Paragraph D., Deducti- ble, of SECTION Ili — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION Ill — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". CA T3 53 06 09' COMMERCIAL AUTO I: PHYSICAL DAMAGE — TRANSPORTATION EXPENSES - INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Exposes, of SEC- TION 01— PHYSICAL DAMAGE COVERAGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL EFFECTS The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage applies only In the event of a total theft of your covered "auto". No deductibles apply to this Personal Effects coverage. iL AIRBAGS The following is added to Paragraph B.3, Exclu- sions, of SECTION m - PHYSICAL DAMAGE COVERAGE Exclusion 3.a. does not apply to loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of loss" set forth In Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and , c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV .- BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); O 2009 The Travelers Companies, Inc. Includes the c opyrrplfted rnatedsl of Insurance Services Office, Inc. with is permission. Page 3 of 4 oailae COMMERCIAL AUTO (b) A partner Of you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance Manager (if you are a corporation or other or- ganization); or (a) Any "employee" authorized by you to give no- tice of the "accident" or lose. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.B., Transfer Of Rights Of Recovery Against Others To Us of SECTION IV - BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rids Of Recovery Against Others To Us We waive, any right of recovery we may have against any person or organization to the ex tent required of you by a written contract signed and executed prior to any "accent" or "toss". provided that the 'accident" or loss' arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment Misrepresentation, Or Fraud, of SECTION IV BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal. Page 4 of 4 0 2009 The Travelers Companies, Inc. Includes the oopyriphted material of haurance Services orom, Inc. with its permission. CA 13530609 • MEMORANDUM TO: Clerk to the Board DATE: July I, 2015 FROM: Josh Holbrook, Inspection Supervisor SUBJECT: Agenda RE: Bid #B1500132 One year contract with an option for an additional two year with A-1 Chipseal Company in the amount of $988,678.15. M 3fmncie\AGENDA memos \AnendaJou h.. docx ta gas- /2O3 64 O67a._ MEMORANDUM TO: Jay McDonald Director of Public Works DATE: July let, 2015 FROM: Joshua Holbrook, Construction Inspection Supervisor SUBJECT: 2015 Slurry Seal/Sand Seal Contract BID NO: #61500132 On June 18, 2015, two bids were opened for the 2015 Slurry and Sand Seal contract. The cost for the proposed work using the submitted low bid will be below budget estimates. VENDORS A-1 CHIPSEAL CO 2001 W 64th Lane Denver CO 80221 FOOTHILLS PAVING & MAINTENANCE INC 15485 W 44Tn Avenue, Suite C Golden CO 80403 TOTAL $988,678.15 $1,069,123.00 The low bid was submitted by the A-1 Chip Seal Co. The A-lChip Seal CO has previously performed projects for Weld County with satisfactory results. Therefore, it is the recommendation of the Weld County Public Works Department that we accept the A-1 Chip Seal CO for (BID NO: #B 1500132) for the sum of $988,678.15 For more information please see attached bid summary: 'BID REQUEST NO. B1500132 _ -- -2015 SEAL GOAT PROGRAM BID TAB ITEM DESCRIPTION UNIT PLAN UNIT PRICE COST UNIT PRICE COST - 8.1 chip 94at Foothill. RavinO & Nalntananco nut. - - 408 - PLACE RUBBERIZED CRACK - FILLER& TRAFFIC CONTROL Meld Countvto sundvmatertall TON 45 51,725,00 - $77,825.00 $2,480.00 $111,600.00 409 - - - SAND SEAL _ SOYD .20,900 50.995 $20,795.50 $1.25 $28,125.00 409 _ SLURRY,SEAL_-. _S000 493,650 $1.68 $829,332.00 $1.80 $888,570.00 614 SIGNING & TRAFFIC (Sand Seal) PERLOCATION-3 $150.00. _"".. $450.00 - $882.00 $2,586.00 . 614_ SIGNING & TRAFFIC '(our Seen .. MILE 32 $1,250.00 :$40,000.00. -5782,00' 525.024:00 627 PAVEMLN1 MARKINGS - (Parking tat only) GAL 47 573.95 $3,475.85 - $144.00 $8,788.00 I 830 MHT & TRAFFIC CONTROL FOR CDOT INTERSECTIONS - — EACH g $2,000.00 $12,000.00 $575.00 83,450.00 700 F/A MINOR CONTRACT REVISIONS 1 $5,000.00 $5,000.00 'No Firms Pc: Janet Lundquist, Support Services Manager Curtis Hall, Operation Manager Neal Bowers, pavement management Supervisor M: Maintenance Contracts lSlurry Seal Sand Seal -Rejuvenator l2015IContract Doe's12015 ran ven.doc WELD COUNTY PURCHASING 1150 O Street Room #107, Greeley CO 80631 E-mail: mwalters(cilco.weld.co.us E-mail: reverettaco.weld.co.us Phone: (970) 356-4000, Ext 4222 or 4223 Fax: (970) 336-7226 DATE OF BID: JUNE 18, 2015 REQUEST FOR: SLURRY SEAL & SAND SEAL DEPARTMENT: PUBLIC WORKS DEPT BID NO: #61500132 PRESENT DATE: JUNE 22, 2015 APPROVAL DATE: JULY 6, 2015 (POSSIBLE TWO. ONE YEAR RENEWALS) VENDOR TOTAL A-1 CHIPSEAL CO. 2001 W 64111 LANE DENVER CO 80221 FOOTHILLS PAVING & MAINTNANCE INC 15485 W. 44TH AVENUE, STE C GOLDEN CO 80403 **PWD IS REVIEWING THE BIDS AT THIS TIME $988,678.15 $1,069,123.00 2015-1800 121 ag' EGdo72- Hello