HomeMy WebLinkAbout20160621.tiff g61 MEMORANDUM
TO: Clerk to the Board DATE: June 27, 2016
FROM: Mike Bedell, Public Works Department
SUBJECT: Agenda Item RECEIVED
JUN 27 2016
RE: Bid B1600029 WELD COUNTY
•
COMMISSIONERS
Doc #2016-0621
Change Order No. 1 for 2016 Bridge Rehabilitations with Weld County Construction, Inc. in the
amount of$9,965.00.
Attached are two original, duplicate Change Order Nos. 1 documents. Please return one signed
original to Public Works.
M:\Francie\AGENDA memos\Agenda-Jay.doc
e ? e/13. 6*)
Gam. (if/t'e3/ ) ,41"4/4) ao/L-o1*2( C
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE : 2016 Bridge Rehabilitations — Construction Change Order No. !
DEPARTMENT: PUBLIC WORKS DATE : 6/20/2016 rz
PERSON(S) REQUESTING : Don Dunker (County Engineer), Michael Bedell ( Senior Engineer)
Brief description of the problem/issue:
The 2016 Bridge Rehab program is a program designed to extend the Life of the bridges throughout the county.
The annual budget is $275 ,000 . Each year a new list of bridges are evaluated to be candidates for this
rehabilitation program.
On March 21 , 2016 the BOCC approved a construction contract to Weld County Construction Inc. associated
with the 2016 Bridge Rehabilitations Project. Bridge 102/41A over Robinson Creek is one of the bridges
planned for improvements with this project.
On May 25, 2016 Public Works received correspondence from the inspection team working on our bi-annual
bridge inspections. We were informed that this bridge will remain on the CDOT Scour Critical Bridges List
unless certain improvements can be made to the bridge. A subsequent discussion with the bridge inspection
team resulted in a plan to extend the reinforced concrete abutment facing planned for this bridge, down to a
depth 2 ' deeper than originally designed. This additional depth of reinforced concrete facing would result in
this bridge being removed from the CDOT Scour Critical Bridges List following a post-construction inspection.
The County currently has 9 bridges on the CDOT Scour Critical Bridges List. Public Works has a goal to try
and reduce this number whenever possible since bridges on the list are subject to erosion/scour issues resulting
from high-water events, and require special monitoring/inspection. Each bridge is a lump sum bid and for
bridge 102/41 A it will Increase the original lump sum bid cost of $46, 620 .00 by an additional amount of
$9,965 .00 to complete this work . . This will intern increase the cost of the 2016 Bridge Rehab contract from
$241 ,872 .00 to $251 ,837 . 00 which is the $ 9,965 . 00 .
Recommendation to the Board :
Public Works recommends the BOCC approve the attached change order document, or schedule a work session
with staff for further discussion.
Approve Schedule
Recommendation Work Session Comments
Mike Freeman, Chair rnf
Sean P . Conway, Pro-Tem
Julie A. Cozad
Barbara K t rkm e e r
Steve Moreno
Attachments : 2016 Bridge Rehabilitations Change Order No . l
CHANGE ORDER NO . 1
2016 BRIDGE REHABILITATIONS
Date : 6/20/2016
Project : 2016 BRIDGE REHABILITATIONS , described in the Bid No . B1600029 .
Owner: Weld County , Colorado
Contractor: Weld County Construction Inc. , P . O . Box 67 , Pierce , CO 80650
The following change is hereby made to the Contract Documents :
Add $9 , 965 . 00 for an additional 2 feet depth of reinforced concrete facing on Bridge 102/41A per
the Contractor' s cost proposal (attached) . On 5/25/ 16 Public Works received correspondence
from our bridge inspectors (attached ) informing us that this bridge will remain on the CDOT Scour
Critical Bridges List unless improvements can be made . Encasing the abutments in reinforced
concrete which extends down to a depth below the 100-year scour depth will provide adequate
scour protection for this bridge and allow it to be removed from the CDOT Scour Critical Bridges
List after a post-construction inspection .
CHANGE TO CONTRACT PRICE :
Original Contract Price : $241 , 872 . 00
Current Contract Price adjusted by previous Change Order: $241 , 872 . 00
The Contract Price due to this Change Order will be increased by : $9 , 965 . 00
The new Contract Price , including this Change Order, will be : $251 , 837 . 00
CHANGE TO CONTRACT TIME :
The Contract Time will be increased by 0 calendar days .
The date for completion of all Work will be February 5 , 2017 .
RECOMMENDED :
Owner Representative : OitDate : (4O <<o
Michael Bedell , P . E . Senior Engineer
dCounty Eng ineer: eLa die Date : 0671#
Don Dunker, P . E . County Engineer
APPROVALS :
Contractor: ` Date : 6 - a
Weld County Construction Inc.
WELD COUNTY APPROVALS (SIGNATURE PAGE)
ATTEST: dir.A.,(4) Je:114;4. BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
BY: �� •Deputy Clerk Clerk o the Board Mike Freeman, Chair
La 'JUL 4 6 2v
1$61 t"j`+/
.42
APPROVED AS TO FUND\�� 4 APPROVED AS TO STANCE:
4%.C
Controller Dir or . 'Pu c Works partment
APPROVED AS TO FORM:
County Attorney Director of General Services
,Zc/ — o "1-/6)
WELD COUNTY CONSTRUCTION COMPANY, INC .
EMAIL : LEOWCCINC@AOL . COM
PO BOX 67 OFFICE ( 970 ) 834-2631
PIERCE , CO 80650 FAX ( 970 ) 834- 1644
CELL (970 ) 534-0897
SUBMITTED TO : DATE6 --27a /‘
jeico 6,crazysip4lic
wo rgs Change Order # I
PROJECT ACCEPTED BY:
DATE ACCEPTED
°/‘ c Ala, I
8r1iy ,
DECRIPTION QTYUNIT PRICE UNIT TOTAL
ALI Z. / liAicLe / 0 n
-d wpfm tinfs II, ad J 1 2, 2• ‘ ,5- a - Lu-frip. S� rv� ,S) 9 / 5 '1/
r
TOTAL ?
Mike Bedell
From: Leith, Adam < adam . leith@stantec.com >
Sent: Wednesday, May 25, 2016 8: 11 AM
To: Mike Bedell
Cc: Anthony Macias - CDOT; Lynn Croswell; Michael Collins - CDOT
( Michael .Collins@state.co.us); Matt.Greer@dot.gov; Nataluk, Ryan; Houser, Drew
Subject: Essential Repair Finding - WEL102.0-041.0A
Attachments: IMG_0107 jpg
Dear Mr. Bedell,
On 5/23/2016, Stantec Consulting Services Bridge Inspection Staff performed an inspection of structure
WEL 102 . 0-041 . 0A which carries County Road 102 over the Robinson Creek in Weld County, Colorado (Photo
IMG_0107) . This bridge consists of a steel deck on steel girders supported by steel H piles with corrugated steel
sheet pile backwalls. This structure may have a history of scour as the current rating for Item 113 Scour is a 4 .
During the 2016 inspection there was no evidence of significant scour and the streambed measurements over the
last 12 years haven' t varied greater than 15 inches . Since there are no records of engineered repairs or a scour
analysis, Item 113 scour rating has remained a 4 . Per the CDOT Staff Bridge Memorandum, Coding of Item
113, Scour Critical Bridges, dated 5/ 19/2015 an Essential Repair Finding is required for a bridge with an Item
113 rating of 4 .
Due to the possibility of scour and in order to remove this structure from the scour list, we recommend
performing a hydraulic scour analysis, per HEC- 18
(https ://www. ifiwa. dot.gov/engineering/hydraulic s/pubs/hifl 2003 .pdf),df), and installing subsequent engineered
scour countermeasures along the length of both abutments, per HEC-23 Volume II
(http ://www. thwa. dot.gov/engineering/hydraulics/pubs/09 111 /09112 .pdf) .
Please let me know if you have any questions or if we can provide any additional information regarding this
inspection.
Thank you,
0
I
I
Adam Leith , PE
I
1
ii
1 .. w
n s �.
•''n:P A ,
IP
..
R, ) y 9,;. EMI n - nf�
1p *O. Y.,. 4.4 —
1
•
d
a 4 '
,:tier
ie :.: rllb .n Y,`I
It e
door
mira ...,... .. .s..„. ,..., ,,........... 1 ......„,
e. .
.., .., . . ....
-air let ob- i.
4 1kt ottiOP Ai, ,,, ....
ad -
i , ,
t .
r, .
, 3/4*,... ..
a At
. it
ills. ni.',..—.." 4
n h
4.
.0 wAr-
. � "' 941
Y
•
«.Y.*4r
60y, V Ate"' A •
. , 1 ,r
Li
•
" asp �. e'rk :A ,R:f °�` ,� I
, #, .,r' F*w�
y6 •
spy fM »
•
•
.. r _ _
nke totv dya.W".;�.a° % w a„ P,r yr sy° b. ^.+ K k- ... ... ~ a r
Zd
p v. •4- .1.: ^.. - •'fi ' _ , ,,..a."".rpobillie•
" a n.', ,... --, . e. a tV ,- f• 4Yy,�' ti' A Y r
Ilr
A'4 `°'r'4vN� :, � ,•
) RW .Y� ' m- •
+fie `
ntigt
mew ,J r ': ',1.' • .Y' ""� 4",
i ,yi''Py�°'r F .yY '^Y„ - "y!,` Ala 8'.Y`,.n1,'. ;V '''t: - v
, a
�v x r'''
.✓ •'»wia.Mfrt' •.: .s - •1 .." of ' . .,
....0 W. - ..rti.
.W
II v. P - 1i .
M Ya 'iii ::ef 1. .
L , w ♦ M
n'Y1R•.;` `F "' Ry, ,d,. "
i .4 ii y. lY
e!Pe: :< a s., ;, .; b• -4 1 Y J ode:
r ...p'
,r ..,.fit .l ��tr , 4 «A r.
♦, ,..-7,
NY xe.1/4 ri
'( ^Dui a A ' .# � y „ % ...Nos v
I q `
Inkrn
3 J ,.
, it ... ,.._
•` ' V k +� n,r. "' . ,y yL},t «w +M'1�"��w. .d MM"`�Ir�'..
ve
7T M {
'^ +v a d gM ' II,. , � Y . . , N ♦ y . ..b.•
N"
F T' l r d, 3N` 'PP.n a .F L.jy »r f ]' yA. ..- ✓ <,.
itorlb 1
,. ' v a f . t ••Y -, .ter.,,.✓ -i ..♦'R. .. ..
aaRR r
' ' } t 4 1,
,l'ilk S f w '. r• a` _T ' . # ,Li _< •,�i',.e _R �1' r• '"p, µ'''":
•*- ..7,_ •.4 -4� < '• 4c.�a- .� akS ...r v h vY +�.Jhllt''a�' I.
10,
• it
iftilik a - r ; :%1P. his +l. 40,446440.5. +
1 J. ir . , at.„1..iiiiiiiv... , or 3iz, ,,,,,, ‘,.;‘,„ 1 awe: smiotif-,* . _I' .:*4:40 .144 ' 4 ^":...
N `F �• r • ct ? °� :t. ,.. r yl f�C kit u Ad{"
,a ► . <f y{ J - - •
yy•tt , .Y.-J;,.__ - }. $g" - ... r tvV1
♦ �trt v ^ r V L M�1 • 1`rt• ` w Y xn
0.
Y -. 1. - - y .` 1 " ,sr`41 IP: Ilk"' /
•Nom'. • v 1 w a • Y "{. .. .. y�,R'44,' , K< «Y - A� �N .., . • +' 1•♦ ..).3.1,��y f7 b -wT - [ ,M 'o"r� ')'1 � S _ -- $ ; _ Y Irrs ' ��'uJ'",`;
.`: -
c P M ]w 04�: .. alit.< J M 't✓ t ,1 W 1 e*� �... 1'n... ...ellaft x - ... 2 :•ate •
4- - 1
. .I(' y Ti�iqe _
.Y art♦. .
„ ,,,. 7•, .... . 7.,
, . , 4. , a: , 7fr„ .4
pay, - .4` .A r Y -. •I -
. 4,7-
S , .
µ M jj t
•
4I.y P } t +•`''�' ,�: • T .P"'t a-� �'At' - ti.-• - ,tl ~ `'Y`h ,fro�YyQV,.$ �;``_ .r .4 • at ,�'! ♦!9►. i t " l ` b" �'' t FYI 1 3.4_u 1 I. .4 y " �( S 1 i 1' e.-
i- O r 5 ` ` , 2 4 Ai '�'> -
' � �jwr 5r 4'.� 1,—;<:)_1-
I�b)'��,}`rI› YAM r A p 31. liik$ r'`1 SR • . .
e.
A ,. r'.,. " -� „,..4. ... .{fit'' } R- , ' t' ' '-
•
n
MEMORANDUM
. - �r,r�`� = Date: March 1,2016
.G OY _ Y ` To: Trevor Jiricek, Director of General Services
From: Richard White, Don Dunker
RE: Bid Request No. B1600029
BOCC Approval Date March 7,2016
Bids were received for 2016 Bridge Rehabilitations Project, on February 12, 2016 for contracted
installation of Bridge Rehabilitations. The bids ranged from$166,293.33 to $362,370.00. The low bid
was submitted by Weld County Constructors of Pierce, Colorado. The submitted bid was reviewed for
errors and completeness; the references provided positive feedback on this contractor.
The overall annual project budget in the amount of $275,000.00 is associated with an appropriation
intended to be used for contract services to improve the condition of bridges. There were ten (5) bridges
in the base-bid and four (4) bid alternate bridges, as shown on the attached bid tabulation; we are
proposing to add two add-alternate bridges to stay as close to the budgeted amount as possible.
There will be seven (7) Bridges in this year's Bridge Rehabilitation. Project. These bridges will receive
structural improvements extending their useable life. Attached is a map showing the location of the
bridges included in the bid request?
It is our recommendation to award the project to Weld County Construction Inc. for a total amount of
$241,872.00. This contractor has completed similar work for us in the past with success. Construction of
the project is anticipated to begin in March, 2016 with completion of the project anticipated by the end of
the year.
ei2A0(g. 01w1.( )
/-71 "-' '-f-`11 w l do,/ - 6Z.,:v
3 �/-/ 2 - 02-1 - / . C1-.Do-13
WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES
BETWEEN WELD COUNTY & WELD COUNTY CONSTRUCTION
2016 BRIDGE REHABILITATIONS
sr
THIS AGREEMENT is made and entered into this o`f day of �1-2 , 201_, 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 Weld County Constructors, a corporation, whose address is 44340 WCR 33 Pierce Co. 80650,
hereinafter referred to as "Contractor".
WHEREAS, Weld County Bridge 102/41B, 122/29A, 90/29A, 120/65A, 19/22A, 102/41A &
106/35A, are in need of repair as a result of 2016 Rehabilitations, (hereinafter referred to as the
"Project"), and
WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the
rehabilitations of these bridges, and
WHEREAS, County requires an independent contract construction professional to perform the
construction services required by County and set forth in Exhibit 'B', and
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', and
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. B1600029"
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
72/4,- 6G&I
E4 O0 73
by highly competent Contractors performing construction services of a similar nature to those
described in this Agreement. Contractor shall further be responsible for the timely completion, and
acknowledges that a failure to comply with the standards and requirements of Exhibits 'A' and 'B'
within the time limits prescribed by County may result in County's decision to withhold payment or
to terminate this Agreement. In its sole discretion, the County, 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' & '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.
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
$ 241,872.00, 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) Statutory
Coverage B (Employers Liability) $ 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 endorsements specified
above: "Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or
assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional
insured with respect to liability and defense of suits arising out of the activities performed by, or on
behalf of the Contractor, including completed operations" and the minimum limits must be as follows:
$1,000,000 each occurrence;
$2,000,000 general aggregate;
$2,000,000 products and completed operations aggregate;
$1,000,000 Personal Advertising injury
$50,000 any one fire; and
$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.
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. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or
failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is
due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes,
war, flood, earthquakes or Governmental actions.
16. Notices. 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) five (5) days following delivery to the United States Postal Service, postage prepaid
addressed to a party at the address set forth in this contract; or
c) electronic transmission via email at the address set forth below, where a receipt or
acknowledgment is required by the sending party; or
d) transmission via facsimile, at the number set forth below, where a receipt or
acknowledgment is required by the sending party.
Either party may change its notice address(es) by written notice to the other.
Notification Information:
Contractor: Weld County Constructors
Attn.: Leo Naranjo, President
Address: 44340 WCR 33 Pierce Co. 80650
Phone: 970 534 0897
E-mail: leowccinc@aol.com
Facsimile:970-834-1644
With copy to:
Name:
Position:
Address:
Address:
E-mail:
Facsimile:
County:
Name: Richard White, P.E.
Position: Project Manager
Address: 1111 H St. Greeley, Co. 80632
Phone: 970 301 3886
E-mail: rdwhite@weldgov.com
Facsimile: 970 304 6497
17. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws,
rules and regulations in effect or hereafter established, including without limitation, laws applicable to
discrimination and unfair employment practices.
18. Non-Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other
Contractors or persons to perform services of the same or similar nature.
29. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and
incorporated herein, contains the entire agreement between the parties with respect to the subject
matter contained in this Agreement. This instrument supersedes all prior negotiations,
representations, and understandings or agreements with respect to the subject matter contained in
this Agreement. This Agreement may be changed or supplemented only by a written instrument
signed by both parties.
20. Fund Availability. Financial obligations of the County payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise made available.
Execution of this Agreement by County does not create an obligation on the part of County to expend
funds not otherwise appropriated in each succeeding year.
21. 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 nominates, recommends, supervises
Contractor's operations, or authorizes funding to Contractor.
22. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced
without such provision, to the extent that this Agreement is then capable of execution within the
original intent of the parties.
23. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as
a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions,
of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter
amended.
24. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms
and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or
right of action whatsoever by any other person not included in this Agreement. It is the express
intention of the undersigned parties that any entity other than the undersigned parties receiving
services or benefits under this Agreement shall be an incidental beneficiary only.
25. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid
until it has been approved by the Board of County Commissioners of Weld County, Colorado or its
designee.
26. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto,
shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision
included or incorporated herein by reference which conflicts with said laws, rules and/or regulations
shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the
Weld County District Court shall have exclusive jurisdiction to resolve said dispute.
27. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that
it does not knowingly employ or contract with an illegal alien who will perform work under this
contract. Contractor will confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this Agreement, through participation in the
E-Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-
102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work
under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor
that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work
under this Agreement. Contractor shall not use E-Verify Program or State of Colorado program
procedures to undertake pre-employment screening or job applicants while this Agreement is being
performed. If Contractor obtains actual knowledge that a subcontractor performing work under the
public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify
the subcontractor and County within three (3) days that Contractor has actual knowledge that a
subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a
subcontractor does not stop employing or contracting with the illegal alien within three (3) days of
receiving notice. Contractor shall not terminate the contract if within three days the subcontractor
provides information to establish that the subcontractor has not knowingly employed or contracted
with an illegal alien. Contractor shall comply with reasonable requests made in the course of an
investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor
and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within
twenty days after hiring a new employee to perform work under the contract, affirm that Contractor
has examined the legal work status of such employee, retained file copies of the documents, and not
altered or falsified the identification documents for such employees. Contractor shall deliver to
County, a written notarized affirmation that it has examined the legal work status of such employee,
and shall comply with all of the other requirements of the State of Colorado program. If Contractor
fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may
terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and
consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if
Contractor receives federal or state funds under the contract, Contractor must confirm that any
individual natural person eighteen (18) years of age or older is lawfully present in the United States
pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the
contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of
perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States
pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-
76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-
76.5-103 prior to the effective date of the contract.
28. Attorney's 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.
39. 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.
30. 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.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this o- day of
, 2016.
CONTRACTOR: _
wi-.1-,0 C_o - C� t (.'�(`ek
By: tr,t0Go n71 COn_s ./ 114c. Date 3 -/ 'f-/
Name: -/'I',.-
Title: b CA, ri -C.
WELD COU c.ATTEST: iV (P• 'L BOARD OF COUNTY COMMISSIONERS
Weld '°r Clerk to the =oard WELD COUNTY, COLORADO
BY: ..
Deputy C rk to the Bo�r Mike Freeman, Chair
1 . 1- /1� MAR 21NV3
APPROVED AS TO FUND fg``' �•PROVED AS TO SUBSTANCE:
' 0,ai rQ 1 Atlti,'._:
Controller ���� �;, ?e ed y•. •_l or D=partmen Head
ktRfrt
APPR VEDA TO FORM:
f Director of General Services
County Attorney /v
EXHIBIT
1 PAGE
OF DOCUMENT
BID REQUEST NO. B1600029 INCLUDED IN PAPER FILE.
REMAINDER RETAINED
ELECTRONICALLY IN TYLER.
WELD COUNTY
DEPARTMENT OF PUBLIC WORKS
CONTRACT BID DOCUMENTS
AND SPECIFICATIONS FOR
2016 BRIDGE REHABILITATIONS
t id
1D4 4.74e
~" 1861 /
ri
COLNTY
JANUARY, 2016
Weld County Public Works
Division of Engineering
P.O. Box 758
1111 H Street
Greeley, Colorado 80632
970-304-6496
HIBIT
RECEIPT OF ADDENDA
The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings,Specifications
and other Contract Documents.Addendum No. one_ Date: t"rr
E' i'41G 6`/ 3 47E3y: EO ,L)& -c /1 t U
Addendum No. Date: By:
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 Bid
Request No. B1600029.
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 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 LikU7 `_)QNT1 (O :TLC,BY 0 /0
(Please print)
ADDRESS I f.} .(: � (4V 3146 L0Ce ) DATE _1
CITY, STATE, ZIP CODE pi--/.c.c., C G ?0 J O
TELEPHONE# 17O 7 " I FAX 9 70 - V3 1
E-MAIL Le' O c. C. I A.) c_J G�a(:CG'm TAX ID# 7 7 r2
SIGNATURE
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION
NUMBER IS#98-03551-0000.
BID NOB 1600029 Page 18
BID SCHEDULE
BID ITEM NO. BRIDGE NO. & CROSSING LUMP SUM
1. 102/41B $ ,-3O .5 ']7, 0/?
2. 122/29A $ 3o (10,00
3. 90/29A $ ;1 000,o 0
4. 120/65A $ ] 3 „l Mi,00
5. 19/22 A $ '7 (O5 y, 60
6. Utility Potholing-40 Hours $ g/ 060. 00
(Non-Destructive Methods)
8. Muck Excavation- (250CY's) Unit Price/CY,,5°°Total $ 7/ ;2 C,OD
9. Non-chloride accelerator(8 GAL) Unit Price/GAL/Oi,Total$ S)(1, 00
F/A Minor Contract Revisions $ 20,000.00
TOTAL BASE BID: $ WO) ,^SI, CO
Add Alternate Bridges
1A. 102/39A ' $ �1 7..2Y, ((1 J(
2A. 102/41A $ 1/ A (02e, OD
3A. 106/35A $ Si 5 7/,U'V
4A. 77/92A - $ S(e) / C,o, 1' C
TOTAL BID(base bid + add alternates): )3ivoylo
it // 1/ !( + 2.. ,ILTTPN 1� 5
00
* CAF-too 2. I &
Include all force account(F/A)amounts in your total bid amount.
NOTE: The following are items of work to be completed by Weld County:
• Materials Quality Acceptance Testing
* Construction Inspection
BID NO B1600029 Page 17
p, 3
BID BOND
2016 BRIDGE REHABILITATIONS
KNOW ALL MEN BY THESE PRESENTS.that Weld County Construction Company, Inc.
as
Principal,and Old Republic Surety Company
hereb
held and firmly Colorado (hereinafter called the "Owner")) et p
ly bound unto Weld County, Ins the SuC penalesum of
5%of bid amount
n
5% .), lawful money of the United States of America, for the payment Dollars ndtruly ($
to be
made,we bind ourselves,our heirs,executors,administrators,successors nd assigns,jointly ndise erall ,firmly
to these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH,Ihalwhereas the Principal has submitted the accompanying Bid
dated February 12, ,2016 for the 2016 BRIDGE
REHABILITATIONS 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 Bld Bond for said amount conditioned such that In the event of failure to execute the proposed Contract for
such construction if the Contract is to be awarded to him, that said sum be paid immediately to the Owner as
liquidated damages and not as a penalty for the principal's failure to perform,
NOW THEREFORE,if the principal shall,within the period specified therefore;
A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the
Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient
sureties,as may be required upon the forms prescribed by the Owner for the faithful performance and the
proper fulfillment of said Contract,or
B. Withdraw said Bid within the time specified,or
C. Pay to the Owner the sum determined upon herein as liquidated damages,end not as a penalty,then this
obligation shall be void and of no effect,otherwise to remain in full force and effect.
IN WITNESS WHEREOF,the above parties have executed this instrument under their several
seals this 12th day of February ,20161he name
and corporate seal of each corporate party being hereto affixed and these presgpIs dui tgned by Its undersigned
representative pursuant to authority of Its governing board. /3
Principal
eo aran o,Wesident
Address P. O. Box 67
ATTES : 1 \ —, Pierce, Colorado 80650
By:
Attorney-In-Fact Rae L. Campbell
Surety Old Republic Surety Company SEAL !l
ATTEST•
By: 1) J4t)
17111Address Vt iot 42nd Street Suite 100
1 r
West Des Moines, IA 50266
BID No B1600029
Page 19
*
* OLD REPUBLIC SURETY COMPANY
* * k * POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY,a Wisconsin stock insurance corporation,does make,constitute and
appoint.
RAE L CAMPBELL,JILL S ROCKS DAVID M JANSSEN.VALERIE J.MATHIASON,OF JOHNSTOWN.CO
its true and lawful Attorneys)-in-Fact,with full power and authority,not exceeding 550,000,000,for and on behalf of the company as surety.to execute and deliver
and affix the seal of the company thereto(if a seal is required),bonds,undertakings,recognizances or other written obligations in the nature thereof.(other than bail
bonds,bank depository bonds,mortgage deficiency ponds,mortgage guaranty bonds guarantees of installment paper and note guaranty bonds,self-insurance workers
compensation bonds guaranteeing payment of benefits,asbestos abatement contract bonds,waste management fonds,hazardous waste remediation bonds or black lung
bonds), as follows.
ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF
FIVE MILLION DOLLARS($5,000,000)- FOR ANY SINGLE
OBLIGATION,REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION,
and to bind OLD REPUBLIC SURFTY COMPANY thereby,and all of the acts of said Attorneys-in-Fact,pursuant to these presents,are ratified and confirmed.
This document is not valid unless printedon colored background and is multi-colored. This appointment is made wider and by authority of the board of directors
at a special meeting held on February 18,1982. This Power of Attorney is signed and scaled by facsimile under and by the authority of the following resolutions
adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982.
RESOLVED that,the president,any vice-president,or assistant vice president,in conjunction with the secretary or any assistant secretary,may appoint
attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the company to
execute and deliver and affix the seal of the company to bonds,undertakings,recognizances,and suretyship obligations of all kinds;and said officers may remove
any such attorney-in-tact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company
(i)when signed by the president,any vice president or assistant vice president,and attested and sealed(if a seal be required)by any secretary or assistant
secretary;or
(ii)when signed by the president,any vice president or assistant vice president,secretary or assistant secretary,and countersigned and sealed(if a seal be
required)by a duly authorized attorney-in-fact or agent;or
(iii)when duly executed and sealed t if a seal be required)by one or more attorneys-in-tact or agents pursuant to and within the limits of the authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER,that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or
certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the company;and such
signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF,OLD REPUBLIC SURE'T'Y COMPANY has caused these presents to be signed by its proper officer,and its corporate seal to be
affixed this 27TH day of FEBRUARY,2015. u=
OLD REPUBLIC SURETY COMPANY
eu*,p
-` r
rySEAL
AvS 'art :'N'ti ihiaPC O
NO,.4 1,„
STATE OF WISCONSIN,COUNTY OF WAUKESFIA-SS
President
On this 27TH day of FEBRUARY 22015 ,personally came before me, Alan Pavlie and
Phyllis M.Johnson ,to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above
instrument,and they each acknowledged the execution of the same,and being by me duly sworn,did severally depose and say: that they are the said officers of the
corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers
were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation
• p Notary Public
ast Mfr My commission expires: 9/28/2018
CERTIFICATE (Expiration of notary commission does not invalidate this Instrument)
I.the undersigned,assistant secretary of the OLD REPUBLIC SURETY COMPANY,a Wisconsin corporation,CERTIFY that the foregoing and attached Power
of Attorney remains in full force and has not been revoked;and furthermore,that the Resolutions of the board of directors set forth in the Power of Attorney,are now in
force.
40-4216 suA Signed and sealed at the City of Brookfield,WI this , day of
^!•
- {SEAL
x 1. .�.� $4451St SAC
AAA
PFS INSURANCE GROUP,LLC
TI-US DOCJMLNT HAS A CULOR;LLO BACKGROUND.)AMU IS MULTI-COLOPLU ON THE I-ACE. THE COMPANY LOCO APPEARS U.N illL
BACK OF THIS DOCUMENT AS Al W4fFRP:4ARK IF THESE FEATURES ARE ABSENT THIS DOCUMENT IS VOID
?2BS.n' ! i
•
Form W-9 Request for Taxpayer Give fort,,to the
Rev October 20071 Identification Number and Certification
requester.Do not
send to the IRS.
++hitnr rktrsmse
Name(as sham on,your Income tax WWI)
'U CLY
is Business name.if duff rant train aba
• gCheck appropriate box:Li hdividualfilols proprietor }L'GA Corporation Li Partnership Exempt
r• -J Limited liability company Enter the tax dassikcation iO disregarded entity,C-corporation.P aartrrerahpi►
pines
lever�,oia ntirtnais,'
,=s Addfef•(number.street,and apt or suite no) Requester's name and address foptiorul)
r0 &UX ro'`7
�, eta and ZIP sass � 8''a 65CJ
k .�_ _._ _
m List account number(s)hers)optional) -- --
Part I Taxpayer Identification Number(TIN,
Enter your TIN in the appropriate box.The TIN provided must match the name given on Line 1 to avoid Soda)eearity number
backup withholding-For individuals,this is your social security ntsnber(SSN)-However for a resident
then,sole proprietor,or disregarded entity.see the Part I instructions on page 3.For other entities,it is - --
your employer identification leirnber(ON).It you do not have a number,see How to get a T7N on page 3. a'
Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose E oyr identification number
number to enter (-,, C /y&,
Part ti Certification
Under penalties of penury.I certify that:
1 The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and
2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal
Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends.or(c)the IRS has
notified me that I am no longer subject to backup withholding.and
3. I am a U.S.citizen or other US.person(defined below)
Certiflcattoxr Instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report of interest and dividends on your tax return.For real estate transactions.item 2 does not apply
For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement
arrangement(IRA),and generally,payments other than interest and dividends.you are not required to sign the Certification,but you must
provide your correct TIN See the intttrudeans e 4
Sloan Signature of
Here us.person► • V Dee,. a ~/ "/ 1C+'
General Instructions Definition of a U.S. person. For federal tax purposes, you are
Section references are to the Internal Revenue Code unless considered a U.S,person rt you are:
otherwise noted •An individual who is a U S citizen or U.S resident alien,
•A partnership.corporation,company,or association created or
Purpose of Form organized in the United States or under the laws of the United
A person who is required to file an information return with the States,
IRS must obtain your correct taxpayer identification number(TIN) • An estate(other than a foreign estate).or
to report.for example. income paid to you.real estate •A domestic trust(as defined in Regulations section
transactions. mortgage interest you paid,acquisition or 301.7701-7).
abandonment of secured property.cancellation of debt.or Spacial rules for ruses s Partnerships that conduct a
contributions you made to an IRA Pzt P
trade or business in the United States are generally requred to
Use Form W-9 only if you are a U.S parson(including a pay a withholding tax on any foreign partners'share of Income
resident alien),to provide your correct TIN to the person from such business Further,in certain cases where a Form W-9
requestIng it(the requester)and.When applicable.to: has not been received,a partnership is required to presume that
1 Certify that the TIN you are giving is correct(or you are a partner is a foreign person,and pay the withholding lax.
waiting for a number to be issued). Therefore,if you are a U.S. person that is a partner in a
2.Certify that you are not subject to backup Withholding,or partnership conducting a trade or business in the United States
provide Form W-9 to the partnership to establish your U S.
3 Claim exemption from backup withholding if you are a U S. status and avoid withholding on your share of partnership
exempt payee.If applicable,you are also certifying that as a income
U.S.person,your allocable share of any partnership income from The person who gives Form W-9 to the partnership for
a U.S.trade or business is not subject to the withholding tax on purposes of establishing its U S status and avoiding withholding
foreign partners'share of effectively connected income on its allocable share of net income from the partnership
Note.If a requester gives you a form other than Form W-9 to conducting a trade or business in the United States is in the
request your TIN,you must use the requester's form it it Is following cases:
substantlady similar to this Form W-9 a The U S owner of a disregarded entity and not Itie entity.
Cot No.10231x Form W-9(Ron 10-2007)
BID NO B 1600029 Page 21
MEMORANDUM
�►-� 1861 �
Date: March 9, 2016
LG O U N T To: Trevor Jiricek. Director of General Services
From: Richard White, Don Dunker
RE: Bid Request No. B1600029; Bridge Rehab 2016
BOCC Approval Date March 14, 2016
Public Works has analyzed the Bridge Rehab contract#B1600029 for 2016. Public Works
provided a list of 5 bridges plus 4 alternate bridges for each contractor to propose a bid. The
low bidder of the project is Weld County Constructors with a total bid for 7 of 9 bridges of
$241,872, and second low bidder was TLM with a bid for 7 of 9 bridges for $249,170. The 7 out
of 9 bridges is the maximum number of bridges which can be rehabilitated within the budget of
$275,000.
Public Works reviewed awarding the contract based on total cost and awarding to multiple
vendors based on lowest individual site base price. Using the multiple vendors methodology,
Weld County Constructors was the lowest bidder on 4 bridges and TLM was the lowest bidder
on 3 bridges. The highest priced bridge that could be done was BR 77 / 92A for $41,667 plus
potholing, muck excavation, and minor contract revisions amortized for each bridge based on
the length of the bridge divided by the total length of all 7 bridges, ( as an example 48.5 ft/
230.17 ft = 21.07%). This percent was mulitplied by the total amount that the bidder bid each
item for the three items listed above; as an example TLM bid $21,437 total for muck excavation.
The total for this bridge item would be $21,437 * .02107 = $4,517.07. (See attached
spreadsheet.)
Based on this analysis, the total cost for the Weld County Constructors for 4 bridges was
$108,388.90. The total cost for TLM for 3 bridges was $129,995.18. The total bid price is
$238,344.08 for seven bridges. This is less than the Weld County Constructors single contract
overall bid of$241,872 for seven bridges by $3,527.92. However this scenario would require
Public Works to Project Manage (PM) a second contract and provide a second inspector.
The cost of the PM and second inspector was calculated from last year's time and cost tracked
in Pubworks for the 2015 Bridge Rehab. The extra cost using the least number of bridges to be
done by TLM would be PM, $4,317.90 + Inspector, $3,897.99 = $8,215.89. Not only is the extra
cost more than double the cost difference between the single contractor method and the
multiple contractor method which was $3,527.92, the staff will have to double the work with two
contracts and inspections.
Therefore, Public Works recommends awarding the 2016 Bridge Rehab contract#B1600029 to
Weld County Constructors in the amount of$241,872. Please refer to the included spreadsheet
to see each item calculated.
ao/G- 06z/
3�/y EG O0 73
en
G N 7 N
.J 7 c x R
[— o - o N .0 v.
J j v in v.
U — 7
x _
u . V1 {A V) x
a =
J N fl M
G r+ - h C
C N —
en n .t —
r ✓l
7: N N N •0 — i L ^
.`� — Lee C r ri O N
.n x't tf, l� N K C �.. is
J G C. CO .n oo 0 ,..)
rG v:v. n b
.—
:r.
-t r r 00
— ° O eel N
.rS
G 5.9 •f: Hl S
m ON
Q a X ti
Y C in
O a �, 59 — 2 it
1 -t 2 o oen N2 F
J = r 'O. 0 t 00
., sy 00 • .0 G m pp . e? .y. y..en 3 h ti,t I. W VT L. O. y vs
o Orn X Le __ _ y G - 0'S 06J 00) u •r. '� r- el -NC N.
V -de- N /:-0 2 J U L. '� r-
2 H J 't o
o
: 00 6 — _.I 2 - r
co 'a F- F• sal 56MA V =
4i
g
m o 8 h CO 00 CO
1 O
o y V Y Jr;
0. m 'O x M — o 0 M co 01
.C M_ IN
f -M se
W 00 07
—, N O rrl
in
r to to N
O =
O _ co 8 8 5 co O
O co
..r.: 0 C Oen 0
— 00 .� T b — vl O ¶ T I1
j rrI M N N N rl r
/. in •;!. Vi SFl Vl Vl !. r y
- O 0
A
v II
Qa:.
a 0 N J C
. etc-4
0 ea
.F- U =
0. 3 N (in 0 0
3v N
m
co I. •y o r I' 'f = C II •I. ^o :O
C r e 0 U, - V .- .. II v v. I. c i
o az s ^Jl y_I N 00 J C '� ^ ^l J .V% df r 00 r• .. I--
..,-c; m
S u. 0 r N •cC Vr n o it, rrl ,r• N = '� C - O
-7 tieJ m U - a r N N 0 N tr.
y N r J r — r V in N O
G\ —
-v y �l '- Co • r :._ r, .. r. OVL ✓ L _ Y_ M 'S 0 '!, ,, ]u0 -0� :---- L
`• y �; G II — .. O G 0
.! or cp •. lx., ..I ° L J ii V = J C " .� U P^ N r•r.� U �17 N C 0 :S. N
05
La
` 4. Gr - U =r• _j U y6 ` � v` h U wl J - � 0 a
m y Jv o 3 va( 5 • e•-) a el o -• � x � 'n
— — r'i N — e1 r.I t..4 t- -t N
R
0
-.
la y r
cd
0 L•
'O L
'E
V ^
�, C C I ry = 0 N
>0- in O 01
1 M en -t n
r N
M
69
11
0
G O CO N
—
N O O C
ti N V rc
_ - 0 _ CO COC UN)i _
- , .. -I Y O CO CO
_C. - - _ - x . '4 CO M
d, = rt �: �r ,! A N
N
O
y FL r••
N
/A
r eV eN7 II
COI 0
M N J N )O r
EA '!.. 'l: 'A0
Q
f n
U
L 0
— W. ? = `o
xr. x
fie0 Sc -Ili _ ' a O
i J el
C
N
C 0 r en - _ S
U t ( = N z 0
U a = N 1 I
p ^ w .L _
V •_ ^
I
O .JO L
l J N C I 0 ti•
r. - x ¢ C n 00 4.T-' 3 N - N ri _ 4 C
L _ V N
m e_ d cA = eg A J .4 1
Oil •-• h V: I � `Cr �„�csc.C G r- .OG M C 7 J ori I^ ..11 a 0 �
V 9 t V:. 0 r r.i
te C•4 '440 O. V) d .o pp •- J J' .0 `O, ° H
o a r a a - o s 0 p
t V Q n CL O 1 t1 .T., 4m. c -
J .c n U Y el II -r a •r, N
od `t •Q O •�• C J N ^ . x N M
co
V « Vl 0, o N n 2 J 'J - in N V
N
d V U co v r. CJ '� we CA a
0 V; G. L .'' = J r.-..
cr, Sc a 5L.
s ash.
C co a [V ? .0 w -v - C
Y z v 6A ,n iV) 0 �' ;�
J cr,^ a N r' yq w J u: -
i: r'1 tZ V) O r 7 .i CO To
Jh- iiI. C :n .... .� I.
_ w O
7 1r r x O v L a F
y Y - al - - a O ;O
•� __ _ 2
- M
_ -:
f
I
y -
o - ' - _ - p
f _ Q. .�
! y >' `'� § .r`' Imo. JN.
00
o. 4$
c 2
J a
o
:n •
10.
pp -
pp
9 u O. C .C7, 0 C C C _ G O
. . CI
N
kr. 0 - 0rn_ -t O N E-- N 0
Cl
70 �p •
• .. r C, M CM L.-
I rry -: 04 V. 7 N N =
Vl GO :/. VI V. V9 Sc 64 O
C
3 O
U
o - - N a
a O
'� r h h a LL S
C it I • O N
•- ° f 'C CY) 0 N Or
%: Sc N CO 0 YO U �j U) 0 0
LL p E <0 O Nco 3
- -- --1 L 0- - W co V 0 O) O C
7T - m 0 ,-0._ c 07 a -o
m --- i --. Y O 15 N N O
CD W ,. I..- '0.0 -C 0) It N W
N CD c0 N S.0 IDM O - w t > c E -• m
0 co cu m m o o o
Z _ Ca o. < vl < C a h < c 3 -- o 0 m m 0
? OE rN CO
C N OL .O OL N OD O - -. 01 d' OD en -00 N OL 10 a 'C
O 00 - r C C N C C N C i C C r C 0• C n T CC v Cl.
(n - N .... N 4 .V O 'V 'V R y N 'V in V 'O 'V - 'Vp -O n 'O •L
o ?f N W N y W O. a .0 L C) 0 -0 0 O 0 r 0 0 0 C O. E. L m C
E2 r j Us Li T Li i .••I LT. y .y O C - la. 6L - i l'• an
c ..o c0 3 O in r
Q O _ :s u Ir: IT Gr: y :s± y p: aJ C+ i O r y W To W y ... a ;4 .' A I-
d N 7 G� + J G� `l G9 + r i omi 3. _ J d 0 `'V 0 `u Q o 2
L {: L L L L L L L L in A A N J
N - u L, u - u - u o 1 u o - y - u - u y H
-, ° 0. C CC o a o o 0 c J w o a o .^.. 0 a o 0 A A
0 O = J tlU CO mU -:•-• C.) 0- c '/_. 4 in. - mU CU m :J CO Z
U o
0
oQD
OD 03
WELD COUNTY PURCHASING
44. 1150 O Street Room 107, Greeley CO 80631
E-Mail: nnwaltersco.weld.co.us
E-mail: reverett(c�co.weld.co.us
Phone: (970) 356-4000, Ext 4222 or 4223
1 Fax: (970) 336-7226
c_o �, nrY
-r <
DATE OF BID: FEBRUARY 12, 2016
REQUEST FOR: BRIDGE REHABILITATIONS
DEPARTMENT: PUBLIC WORKS DEPT
BID NO: #B1600029
PRESENT DATE: FEBRUARY 17, 2016
APPROVAL DATE: MARCH 2, 2016
VENDOR TOTAL - 5 BRIDGES ALTERNATE BRIDGES
WELD COUNTY CONSTRUCTION INC $166,681.00 102/39A - $68,722.00
44340 WCR 33 102/41A - $46,620.00
P O BOX 67 106/35A - $28,571.00
PIERCE CO 80650 77/92A - $56,150.00
TLM CONSTRUCTORS INC $177,833.50 102/39A- $71,168.00
P O BOX 336638 102/41A - $42,227.00
GREELEY CO 80633 106/35A - $29,660.00
77/92A-41,677.00
NARANJO CIVIL CONSTRUCTORS INC $217,189.00 102/39A - $116,140.00
1863 2ND AVE 102/41A - $55,177.00
GREELEY CO 80631 106/35A - $39,267.00
77/92A - $78,046.00
WALSH CONSTRUCTION INC $362,370.00 102/39A - $125,000.00
8139 OPEN VIEW PLACE 102/41A - $101,711.00
LOVELAND CO 80537 106/35A - $74,350.00
77/92A - 104,500.00
BRIDGES IN BASE BID:
102/41 B, 122/29A, 90/29A, 120/65A AND 19/22A
TOTAL PRICE INCLUDES UTILITY POTHOLING, MUCK EXCAVATION, NON-CHLORIDE
ACCELERATOR AND MINOR CONTRACT REVISIONS.
ALTERNATE BRIDGES:
102/39A, 102/41A, 106/35A AND 77/92A
c3-1 ao - 06,O_-/I1- 17 4 7is
Hello