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Home My WebLink About20161253.tiff Aid MEMORANDUM ritErAD TO: Clerk to the Board DATE: April 28, 2016 FROM: Mike Bedell, Public Works Department SUBJECT: Agenda Item Agreement for Construction Services with TLM Constructors,Inc. for damage repairs to Bridges 58/47B and 58/47C. Attached are two original, duplicate agreements. Please return one signed original to Public Works. M.\Francie\AGENDA memos\Agenda-Jay.doc 11A-ra-')b 00.,„Avy- 1.,)(46 FG) aoj/-/Q25.3Zo/4 I E400 Sy ?3 WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY AND TLM CONSTRUCTORS , INC . BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS THIS AGREEMENT is made and entered into this 25th day of April , 2016 , 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 "0" Street , Greeley, Colorado 80631 hereinafter referred to as " County , " and TLM Constructors , Inc . , [an individual] , [a limited liability partnership] [a limited liability company] [a corporation]whose address is P . O . Box 336638 , Greeley , CO 80633 , hereinafter referred to as "Contractor" . WHEREAS , BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS is in need of construction , (hereinafter referred to as " Project" , and WHEREAS , in the interests of public health , safety and welfare , it is necessary to undertake this project, and WHEREAS , County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit A; and WHEREAS , Contractor is willing to perform and has the specific ability to perform the required construction services at the cost specifically set forth in Exhibit B : 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 the County' s Request for Bid as set forth in Bid Request No . B1600067 . Exhibit A contains all the specific requirements of County. Exhibit B consists of Contractor' s Response to County' s Request for Bid . The Response (submitted bid ) 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 . Contractor shall coordinate with the Weld County Director of Public Works or other designated supervisory personnel (the " Project Manager") to perform the services described in Exhibit A . Contractor shall faithfully perform the work in accordance with the standards of professional care , skill , training , diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement . Contractor shall further be responsible for the timely completion , and acknowledges that a failure to comply with the standards and requirements of Exhibit A within the time limits prescribed by County may result in County' s decision to withhold payment or to terminate this Agreement . 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 . /02J3('t')g D � - w t A y f 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. 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 , Contractor' 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 . 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 $ 148 , 280. 00 , which is the bid amount specifically 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 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 . Contractor 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 . If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the services for which payment was made did not perform as set forth in this Agreement , then upon written notice of such determination and request for reimbursement from County , Contractor shall forthwith return such payment(s) to County . Upon termination or expiration of this Agreement, unexpended funds advanced by County , if any , shall forthwith be returned to County . 0 I { 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 (end of the fiscal 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 . 20- 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 . Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization , express or implied , to bind County to any agreement, liability or understanding , except as expressly set forth in the Agreement . Contractor 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 as set forth in Exhibit A) and provide proof thereof when requested to do so by County. 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 I 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 . 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 P rofessionals 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 P rofessional . Contractor/Contract Professional shall be responsible for the payment of any deductible or self-insured retention . County reserves the right to require Contractor/Contract P rofessional 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 shall assess its own risks and if it deems appropriate and/or prudent , maintain higher limits and/or N broader coverage . The Contractor is not relieved of any liability or other obligations assumed or y 1 pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts , duration , or types . The Contractor/Contract Professional shall maintain , at its own expense , any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this 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 y 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 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 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 10/93 or equivalent, covering premises operations , 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 project(s) general aggregate limit , ISO CG 2503 or equivalent additional insured-owners , lessees or Contractor' s endorsement , ISO Form 2010 or equivalent , additional insured -owners , lessees or Contractor' s endorsement, ISO CG 2037 or equivalent , the policy shall be endorsed to include the following additional insured 3 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 payments 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 reduce 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 ; 4 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 4 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 the County , 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 . Additional Insured : 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 coverage , 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 insured under its policies or shall ensure that all subcontractors maintain the required coverage . 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 (3) years from the date of the last payment received from County . 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, 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 . Likewise , Contractor shall designate , prior to commencement of work, its project representative ("Contractor Representative") who shall make , within the scope of his or her authority , necessary and proper decisions with reference to the project . 18 . Compliance with Law: Contractor shall strictly comply with all applicable Federal and State laws , rules and regulations in effect and hereby 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 and 24-50 -507 : The signatories to this Agreement aver that to their knowledge , no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this V C a 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 N to Contractor. 23 . Severability : If any term or condition of this Agreement shall be held to be invalid , illegal , or unenforceable by a court of competent jurisdiction , this Agreement shall be construed and enforced without such provision , to the extent that this Agreement is then capable of execution within the original intent of the parties . 4 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 shall perform work under this Agreement and shall confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement through participation in the E- Verify Program or the State program established pursuant to CRS §8- 17 . 5- 102 (5) (c) , Contractor shall not knowingly employ or subcontract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor (a) shall not use E-Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed , (b) shall notify the subcontractor and County within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this Agreement, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice , and (d ) shall comply with reasonable requests made in the course of an investigation , undertaken pursuant to CRS §8- 17 . 5- 102 (5) , by the Colorado Department of Labor and Employment . If Contractor participates in the State program , Contractor shall deliver to County , a written , notarized affirmation , affirming that County has examined the legal work status of such employee , and shall comply with all of the other requirements of the State program . If Contractor fails to comply with any requirement of this provision or CRS §8- 17 . 5- 101 et seq . , r County may terminate this Agreement for breach and , if so terminated , Contractor shall be liable for damages . Except where exempted by federal law and except as provided in C . R . S . 24-76 . 5- 103 , 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 , 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 , 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 . Compliance with Davis-Bacon Wage Rates : N/A 31 . Attorneys Fees/Legal Costs : In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 32 . Binding Arbitration Prohibited : Weld County does not agree to binding arbitration by any extra-judicial body or person . Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void . 33 . 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 referenced Exhibits A and B , is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements , oral or written , and any other communications between the parties relating to the subject matter of this Agreement. SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have approved this Agreement this 25th day of April, 2016. CONTRA OR: • MAY 042016 By: Date: Nam : Aaron L. Mills Title: President WELD COUNTY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: •-iC,G[o•ti Mike Freeman, Chair MAY 0 4 2016 Weld County Clerk to the Board sLa BY: Deputy Cl to the B ? d Ito "44 ..�, m� APPROVED AS TO FUNDING: �'�••r+� APPROVED AS TO SUBSTANCE: Cad. Controller o lic Works Department APPROVED AS TO FORM: _ ecktitt6 Director of General Services County Attorney ole)/ , -4:25.30) 1 Bond No . 0680500 PERFORMANCE BOND BRIDGES 58/47B AND 58/47O DAMAGE REPAIRS KNOW ALL MEN BY THE PRESENTS ; that TLM Constructors , Inc. , P . O . Box 336638 , Greeley, CO 80633 (Name and Address of Contractor) Corporation , hereinafter called Contractor, and a (Corporation , Partnership , or Individual) International Fidelity Insurance Company ( Name of Surety) One Newark Center, Newark, NJ 07102 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County Public Works Department ( Name of Owner) P . O . Box 758 , 1111 H Street, Greeley, Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of One Hundred Forty Eight Thousand Two Hundred Eighty Dollars , ($ 148 , 280 . 00 ) , 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 25th day of April , 2016 , a copy of which is hereto attached and made a part hereof for the construction of: BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS (Bid No . B1600067) 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 . Page 33 PERFORMANCE BOND BRIDGES 58/4.7B AND 58/47C DAMAGE REPAIRS IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original , this 26th day of April , 2016 . TLM Constructors , Inc. Contract° spoon )nA By Ange . Mi is , Secretary Aaron L . Mills , President (Contractor) Secretary (SEAL) ./()OVIA/k, P . O . Box 336638 , Greeley :CO 80633 (Witness as to ntractor) (Address) Dana Crego 3000 W . F Street (Address) Greeley , CO 80631 ATTEST: Not applicable International Fidelity Insurance Company (Surety) Secretary (SEAL) Lee An e eaux Wi ness as to Surety - - ' Brown Attorney-in-Fact ` 7600 E Orchard Rd . , Ste 330S One Newark Center (Address) (Address) Greenwood Village, CO 80111 Newark, NJ 07102 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 . Page 34 I Bond No . 0680500 LABOR & MATERIALS PAYMENT BOND BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS KNOW ALL MEN BY THE PRESENTS ; that TLM Constructors , Inc. , P . O . Box 336638 , Greeley , CO 80633 ( Name and Address) Corporation , hereinafter called Contractor, and a (Corporation , Partnership , or Individual) International Fidelity Insurance Company ( Name of Surety) One Newark Center, Newark , NJ 07102 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County Public Works Department ( Name of Owner) P . O . Box 758 , 1111 H Street, Greeley, Colorado 80632 (Address of Owner) Hereinafter called Owner, in the penal sum of One Hundred Forty Eight Thousand Two Hundred Eighty Dollars, ($ 148 , 280 . 00 ) , 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 25th day of April , 2016 , a copy of which is hereto attached and made a part hereof for the construction of: BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS ( Bid No . B1600067) 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 . Page 35 lr 1,40 � r LABOR & MATERIALS PAYMENT BOND BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts , each one of which shall be deemed an original , this 26th day of April , 2016 . TLM Constructors , Inc. , P . O . Box 336638 , GrE Contractor Ntah> By das--- Contractor) Secretary Aaron L . Mills , President Angc a Mllls , Secretary (SEAL) /000A0Ck P . O . Box 336638 , Greeley, CO 80633 (Witness a to Contractor) (Address) Dana Crego 3000 W . F Street (Address) Greeley , CO 80631 ATTEST: Not applicable International Fidelity Insurance Company (Surety) Secretary (SEAL _ % j. Witness as to Surety Lee Anne Meaux Attorney-in- act Sarah Brown 7600 E Orchard Rd . , Ste 330S One Newark Center (Address) (Address) Greenwood Village, CO 80111 Newark, NJ 07102 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 . Page 36 • .. ..• taillia • .„ .. ..• .. ••••17.... .i. . i. ..., ... • •• • • •• . . . . ... .• ••• ., • t,. .i. • .. 4C: 13 Jt i . . . .. .. ... .. Z... •.• ..• . .• • .•. " .• . . . . . - • . . , . .. 1rA . . .. . .. ... .. > . . :Tel ;3 73):....624. . . . • • • • • c :720- • : • '• ........ .:: -.': POVVER: . .. ... . . . ... .•.. .. . .. . . . .... .. .„ .." . .. .. . _ .. . . ... . . .. .. .. ... ..: _ . .. .. . . . . . .. . .. :.. .... ..... .. . . . .. . • ... .... . .. .. . .. ... ..... ... . . . .. ..........,3 • • • - :: •-• . . . . .... . . . . .. . .. ..•• • • ••• • • •• • • • C • • • eg. d ..y' � q :.• •.• ... ... . . : .... .:C....% • •$ i • . • .: .�r. .:'.•. :', •,,. ., :- .'' . . . . i�csY�, .raw F�: INTERNATIONAL FIDE ITY �('�l.SURA C IPAN :' ':: : :. ..:... •:.:... ..-;:..:";:: �.TY `MANY A . EG ENI� S A� ONE NEWARK :CENT:ER, 20TH FLOOR NEWARK, NEW JERSEY . 07102- 7: . .• KNOW ALL IVIEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY � :a corporation organized and existing under the; Jaws of the State of New Jersey, and. .ALLEG HENY CASUALTY COMPANY a corporation organized` and existing under.the laws of the State of Penns lvania, having their:. principal office in. :the: • City_:of Newark, New Jersey, do hereby.:constitute.and appoint Y , SU AN J . LATTARULO , FLORIETTA ACOSTA, SARAH B•RO:WN, DONALD E. APPLEBY} T 3DD SEN F : : :: : :: • . -::. . MARK SWE.IGART : • • : . :: :. :: :: f < : ::.::.: . ` .: •'` ::: • Village, CO - . •Greenwood .. . their true and lawful attor• ney s)-in-fact to execute, seal and deliver for and on its •behalf as surety, any and .all bonds:::and undertakings, .;contracts of indemnity . . or therwise and other writings obli• gatory in the nature thereof, which are •or :may be allowed, required or permitted by• law, statute, rule, regulation, contract o . and the. execution of such instruments) in ppursuance of these presents, shall be as binding upon the said. INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes , as if the same had been duly executed and :••.;•••.::... .... ` ::: acknowledged by their regularly elected officers at their principal offices.::. .;.: . . . =:• This .:;Power of Attorney is executed, and may be revoked, pursuant to and ::b y authority of the Byylaws of INTERNATIONAL FIDELITY INSURANCE E:: : : COMPANY and ALLEGHENY CASUALTY COMPANY and is ranted..under and:by authority of the fotloWing resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the••20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting: duly' held on the 15th day of August, 2000: . "RESOLVED that (1 ) the President, Vice.; President, Chief Executive Officer::: Secrets of the :Co oration : .shall have the ower to appoint, and to revoke ':: ' .rY. rP ,. PP the appointments of, Attorneya-in-Fact :b.r,agents with power and :authority.:as,defir defined-Or limited in their respective powersof a orney, and• •to..execute .on behalf of the Corporation and affix the Corporation`s seal thereto, bonds, :undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto. and ;:(2) any:such Officers .of .the Corporation may appoint and revoke .the :appoin.tmen of joint-control . custodians,ians, agents•: ....: for acceptance,. of ,process, and Attorneys-in-fadt with•••authority. to execute waivers and consents on behalf of.;. the •Car oration • and (3) the signature o any ::: •'....'._':..::;:_•: • such `Off cer�:of: •:the Corporation and the Corporation's seal may be affixed by facsimile to any power of. attorne� . '©r certification: iven for the execution of any : ::: bond,. undertaking, redognizantce, Contract of indemnity or other • written-iobli�g ation in the nature thereof- or related thereto, such signature :and seals . when . so used whether heretofore' or hereafter :•: being hereby ado • ted by: the C�orporation. .as • the. original signature: of such officer and: the original seal •of :the Corporation, •to be valid and binding :upon a Corporation with the same force and effect as though manually of fixed." • • IN .WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE OM ANY and ALL OHENY CASUALTY COMPANY gave each executed and attested`these presents on this 22nd day of Jul 2014.: .:: : Y •:: STATE OF NEW :. :. . :: :..-. • :. .::. t. • • , . ' JERSEY : :•.. . . ... . . . . . ••• . . . . . . :. ..... . . .. . . . . . . .. . ... . . . . . . .. • . . . ... . . . ...„,. , Kt. : . .• ' owto. County of Essex . .....9,. . airry:.., . . . . . . ... . . . . . . . . . ••• •• .„.11....„•• • ...i • • . :... ... .. .no3/4.2,00-L0... . .• ... ... . ... . .. /yt • . ' . . . 1i�. . . . . „ ... . . . . .... .: . . . . . ... . . . . . ..... ::.. :... . . .. . . • . . .. . . ... .. ::... ..., 4 . . . .. . . . . . . . ... .. . . . . . . . .. . . •• • • • • ••• .. . ... . ... • • • 6•:,-.--: 44. . . 44. .• els . ... .. . ... . . • ... .......... as ... ....... .. ... ... .. ...... .. . . .. .... ... . ........... •• ••• • •• • .........• •• . . . . • • • . . . . . • . . . . . . ..... .... . .. ri.oi . . .... ........... . . . . .. . . . . ...... . . . . . ..... .. .. . .... .. . . .. . . . . ..... . . .. . ........ •• ... .. ... ::•• • • •• • • • . ... . .... ..... . .. .. ... . . . . ..... . ...•. . ..... . ': .: .: : : . . • • •• • • • •••• . .. .. . . . . . . . ... .. . • • • • • .• • • ••• ••• • • • • • • • • • . . .. . J_,.. I :` RO RT W. MIN ER • •,, ,• . '.• :: : . :•:: .. :, ' ` Y. '' Chief Executive Officer (International Fideli -. �►�' Lv is. :.: ::::: • Insurance ) and re Com art President Alle en P Yg y. . .. .. Y :. •• • • any asua omp • On this•. 22nd day of July 2014, before me came the individual who executed the preceding instrument, to me personally k cnown, and;: being by me duly • • ../.*: :h. - - sworn, said he is the therein described and authorized officer of . INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY . . : COMPANY . ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals .: •and his signature were - ffiorderof the . ,.:: •' dul• y .a xed by e Boards :of Directors of said Companies. :: ::: :.: .: : :: • IN T �'ES lM ONY E vUHER OF I hav re nto set :. :.:: a hereunto my hand affixed Official Seal :. , � t at h. City eofNwr w� iftkNe Jersey theday and year b a frst ov writt .:;. .. . ..: $ry , , , . s Ea i ; fig . . N �' . : . . U NOTARY • ern nil • PV QL ( C sat 4,4• .... .- ••• • • / - ati o ; • A NOTAR'Y ..hUBUC OF NEW JERSEY • . . • • ::.' :: : : ::• Commission Ex Tres April 16;4'2019. : Eye• ; . . My N - r :. :. ... :.: CE•• RTIFIC�4TION I , the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHEI`!Y CASUAL TY COMPANY do hereby certify that I have . • compared- the foregoing copy of the Power of Attorney and :affidavit, and the copy of the Secfionc of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home.:office of said companies, and fiat the same are::correct transcripts thereof, snd of the whole •• • • . . . of the said originals, and that the said Power of.Attorney has not been revoked and is nov in full force and effe • ct: : : : . . - : . .'..... IN S. l WH 11 have T T 1IIeNY E EOF, . a e hereunto ,set my hand.• , t• his,.•.: •:•: . . . . k •%. •9® •• • y,,� v r- 1 . 1• g tii !LR •.- Tay: 5 4 f y Air qI •bi" �. I I h \ IA �6 W .. • R AN.• C . A.• •••. . • C si t - ::: R s nt� 5 t s a • . r.*' c e �a' ': ?. a f w ri . L) •J y� • • • y M'y K•• • • •• •• • • • • • • •• M •• • • , . Coe. •• •• • • 04 C� • ..V •- Client#: 33716 TLMCONPC INSURANCEACORDTM CERTIFICATE OF LIABILITY DATE (MM/DD/YYYY)4/26/2016 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 CONTACT NAME: Holmes Murphy -Colorado PHONE 515 223-6800 mac, No 7600 East Orchard Rd, Ste 330 E-MAIL ADDRESS: South INSURER(S) AFFORDING COVERAGE NAIC # Greenwood Village, CO 80111 INSURER A : Travelers Indemnity Company 25658 INSURED INSURER B : Travelers Property Casualty Ins 36161 TLM Constructors, Inc. INSURER C : Pinnacol Assurance Company 41190 P. O. Box 336638 INSURER D : AGCS Marine Insurance Company 22837 Greeley, CO 80633 INSURER E : Travelers Indemnity Co of CT INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CY EXP LTR R TYPE OF INSURANCE INSR WVD POLICY NUMBER 'MM/DD/YEYYY) (MM/DD/YYYY) LIMITS A GENERAL LIABILITY X X DTCO326D307lND15 07/01 /2015 07/01 /2016 EACH OCCURRENCE $ 1 ,000,000 X COMMERCIAL GENERAL LIABILITY PAEMISES?Ea occurrence) $ 300,000 CLAIMS-MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1 ,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 000,000 POLICY X JEEOT LOC $ E AUTOMOBILE LIABILITY X X DT810326D0307IND15 07/01 /2015 07/01 /2016 wamaEc3icr. JdEerciv INGLE LIMIT $1 ,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS 'Per accident' $ B X UMBRELLA LIAR X OCCUR DTSMCUP326D0307TIL 07/01 /2015 07/01 /2016 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION $10,000 $ C WORKERS COMPENSATION X 4058086 10/01 /2014 10/01 /2015 X TORY LIM TS 0TH AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N E.L. EACH ACCIDENT $1 ,000,000 OFFICER/MEMBER EXCLUDED? N N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $1 ,000,000 NI If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1 ,000,000 D Inland Marine SML93067721 07/01 /2015 07/01 /2016 Sched Equip : On File Misc Equip : $60,000 Leaesd Equip : $500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: Bridges 58/47B and 58/47C Damage Repairs The Certificate Holder, its subsidiary, parent, associated and/or affiliated entities, successors or assigns, its elected officials, trustees , employees , agents, and volunteers is an Additional Insured on the General Liability, including Completed Operations , on a primary and non-contributory basis, and Business (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Weld County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Board of Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1150 0 Street Greeley, CO 80631 AUTHORIZED REPRESENTATIVE &441;11/ /9711441 © 1988-2010 ACORD CORPORATION . All rights reserved. ACORD 25 (2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S204122/M152944 GERS1 1 + DESCRIPTIONS ( Continued from Page 1 ) Automobile Liability, as required by written contract with the insured, per policy terms and conditions. The General Liability, Business Automobile Liability, and Workers Compensation include a Waiver of Subrogation in favor of the Certificate Holder, its subsidiary, parent, associated and/or affiliated entities, successors or assigns, its elected officials, trustees, employees , agents, and volunteers, as required by written contract with the insured, per policy terms and conditions . The Umbrella policy is follow form . SAGITTA 25.3 (2010/05) 2 of 2 #S204122/M152944 AO COMMERCIAL GENERAL LIABILITY 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 c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury' s or agree In a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: erations hazard" unless the "written contract a) Only with respect to liability for "bodily injury"r requiring Insurance" specifically requires you "property damage" or "personal injury"; and to provide such coverage for that additional insured , and then the Insurance provided to b) if, and only to the extent that, the injury or the additional Insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor" in the performance curs before the end or the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization . 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement Is excess over any valid and by this endorsement 's limited as follows: • 'coHectlble- ' insurance", whether primary, • a) in the event that the Limits of Insurance of excess , contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional - Insured for a loss we exceed the limits of liability required by the cover under this endorsement However, if the "written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional Insured requires that this insurance apply on a primary shall be limited to ethe limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- this insurance is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named Insured Section III -- Limits Of Insurance. • for such loss, and we will not share with that b) The insuranceprovided to the additional in- "other insurance". But the insurance provided to the additional insured by this endorsement still is sured does not apply to "bodily injury", "prop- excess over any valid and collectible "other in- erty damage" or "personal injury" arising out , surance", whether primary, excess, contingent or of the rendering of, or failure to render, any on any other basis, that is available to the addi- professional archifecturalr engineering or sur-1 tianal insured when that person or organization is veying services, including: an additional insured under such `other insure,- I. The preparing , approving , or failing to ance". prepare or approve , maps, shop draw- 4. As a condition of coverage provided to the Ings, opinions, reports, surveys, field or, additional insured by this endorsement: ders or change orders, or the preparing, approving , or failing to prepare or ap- a) The additional insured must give us written prove, drawings and specifications; and - notice as soon as practicable of an "occur- ii. Supervisory, inspection, architectural or "occur- rence" or an offense which may result in a u p ry� pclaim . To the extent possible, such notice engineering activities, should include: GG D2 46 08 06 © 2005 The at, Paul Travelers Companies, Inc, page 1 of 2 • COMMERCIAL GENERAL LIABILITY i. How, when and • where the "occurrence" any provider of "other insurance" which would - or offense took place; cover the additional insured for a loss we d addresses of inured cover under this endorsement. However, this ii. The names anan Y 1 condition does not affect whether the insur- persons and witnesses; and ance provided to the additional insured by lilt The nature and location of any injury or this endorsement Is primary to "other insur- damage arising out of the "occurrence" or ance" available to the additional insured offense . which covers that person or organization as a b) l f a claim is made or "suit" is brought against named insured as described in paragraph 3, the additional insured,. the additional insured above. must: 5. The following definition is added to SECTION V. i. immediately record the specifics of the — DEFINITIONS: claim or "suit" and the date received ; and "Written contract requiring insurance' means if. Notify us as soon as practicable, that part of any written contract or agreement under which you are required to include a The additional insured must see to it that we person or organization as an additional in- receive written notice of the claim or "suit" as sured on this Coverage Part, provided that soon as practicable. the "bodily injury" and "property damage" °c- c) The additional Insured must immediately curs and the "personal injury" is caused by an send us copies of all legal papers received In offense committed: connection with the claim or "suit", cooperate a. After the signing and execution of the with us in the investigation or settlement of contract or agreement by you; the claim or defense against the "suit", and b. While that part of the contract or otherwise comply with all policy conditions. agreement is in effect; and d ) The additional insured must tender the dea c, Before the end of the policy period . tense and indemnity of any claim or "suit" to • • e= • cas r' „ • It`d • I • • . Smile plasm, r� 1 rm, 4 O� • �rrr�1 O Si Page 2 oft © 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 004712 1 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 — 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 this Coverage Part, 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. Aircraft Chartered With Pilot H. Blanket Additional Insured -- Lessors Of Leased B. Damage To Premises Rented To You Equipment C. Increased Supplementary Payments I . Blanket Additional Insured -- States Or Political Subdivisions -- Permits D. Incidental Medical Malpractice J. Knowledge And Notice Of Occurrence Or Offense E. Who Is An insured -- Newly Acquired Or Formed Organizations K . Unintentional Omission F. Who Is An Insured -- Broadened Named Insured L. Blanket Waiver Of Subrogation Unnamed Subsidiaries M . Amended Bodily Injury Definition G. Blanket Additional Insured -- Owners, Managers N, Contractual Liability -- Railroads Or Lessors Of Premises PROVISIONS INJURY AND PROPERTY DAMAGE LI- A. AIRCRAFT CHARTERED WITH PILOT ABILITY: The following is added to Exclusion g ., Aircraft, Exclusions c. and ga through n . do not apply Auto Or Watercraft, in Paragraph 2. of SECTION to "premises damage". Exclusion f.(1 )(a) COVERAGES — COVERAGE A BODILY IN- does not apply to "premises damage" caused JURY AND PROPERTY DAMAGE LIABILITY: by: This exclusion does not apply to an aircraft that a. Fire; is: b. Explosion ; (a) Chartered with a pilot to any insured ; c. Lightning; (b) Not owned by any insured; and d . Smoke resulting from such fire, explosion , (c) Not being used to carry any person or prop- or lightning ; or erty fora charge . e. Water; B , DAMAGE TO PREMISES RENTED TO YOU unless Exclusion f. of Section I -- Coverage A 1 . The first paragraph of the exceptions in Ex- — Bodily Injury And Property Damage Liability elusion J., Damage To Property, in Para- is replaced by another endorsement to this graph 2. of SECTION 1 COVERAGES -- Coverage Part that has Exclusion -- All Pollu- COVERAGE A BODILY INJURY AND tion Injury Or Damage or Total Pollution Ex- PROPERTY DAMAGE LIABILITY is deleted , clusion in its title . 2. The following replaces the last paragraph of A separate limit of insurance applies to Paragraph 2. , Exclusions, of SECTION I -- "premises damage" as described in Para- COVERAGES COVERAGE A. BODILY graph 6. of SECTION Ili LIMITS OF IN- SURANCE_ CO D3 16 11 11 © 2011 The Travelers indemnity Company. All rights reserved. Page 1 of 6 1 1 - COMMERCIAL GENERAL LIABILITY 3 . The following replaces Paragraph 6 . of SEC- C. INCREASED SUPPLEMENTARY PAYMENTS p 9 TION III -- LIMITS OF INSURANCE: 1 . The following replaces Paragraph 1 .b . of e Damage To Prom- SUPPLEMENTARY PAYMENTS - COVER- Subject to 5 . above , th 9 AGES A AND B of SECTION I --ises Rented To You Limit is the most we will COVER- pay under Coverage A for damages because AGE : of " premises damage" to any one premises. b. Up to .$2, 500 for the cost of bail bonds The Damage To Premises Rented To You required because of accidents or traffic Limit will apply to all "property damage" law violations arising out of the use of any proximately caused by the same "occur- vehicle to which the Bodily Injury Liability rence", whether such damage results from : Coverage applies. We do not have to fur- fire ; explosion; lightning; smoke resulting from nish these bonds. such fire , explosion , or lightning ; or water; or 2. The following replaces Paragraph 1 .d . of any combination of any of these causes. SUPPLEMENTARY PAYMENTS -- COVER- The Damage To Premises Rented To You AGES A AND B of SECTION 1 -- COVER- Limit will be: AGES : a. The amount shown for the Damage To d. All reasonable expenses incurred by the Premises Rented To You Limit on the insured at our request to assist us in the Declarations of this Coverage Part; or investigation or defense of the claim or b. $300,000 if no amount is shown for the "suit" , including actual loss of earnings up Damage To Premises Rented To You to $500 a day because of time off from Limit on the Declarations of this Coverage work. Part. D. INCIDENTAL MEDICAL MALPRACTICE 4. The following replaces Paragraph a. of the 1 . The following is added to the definition of "oc- definition of "insured contract" in the DEFIN1- currence" in the DEFINITIONS Section : TIONS Section : "Occurrence" also means an act or omission a. A contract for a lease of premises. How- committed in providing or failing to provide ever, that portion of the contract for a "incidental ' medical services" , first aid or lease of premises that indemnifies anySOlimmall "Good Samaritan services" to a person. x person or organization for "premises 2. The following is added to Paragraph 2.a.(1 ) of damage" is not an "insured contract ; SECTION II WHO IS AN INSURED: `°= 5. The following is added to the DEFINITIONS Paragraph (1 )(d) above does not apply to a"_ Section: "bodily injury" arising out of providing or fail- "-- "Premises damage" means "property dam- Ing to provide: Os age"-to : (I) "Incidental medical services" by any of p"- a. Any premises while rented to you or tern- your "employees" who is a nurse practi O. porarily occupied by you with permission -loner, registered nurse, licensed practical � of the owner; or nurse , nurse assistant, emergency medi- Ell en- b. The contents of any premises while such cal technician or paramedic; or premises is rented to you , if you rent sucher (ii) First aid or "Good Samaritan services" by ISEIN cn—Ispremises for a period of seven or fewer any of your "employees" or "volunteer consecutive days. workers" , other than an employed or vol- 6. The following replaces Paragraph 4.b.e1 )(b) unteer doctor. Any such "employees" or ri.usan of SECTION IV — COMMERCIAL GENERAL "volunteer workers" providing or falling to provde first aid or "Good Samaritan ser- . LIABILITY CONDITIONS: i (b) That is insurance for "premises damage"; vices" during their work hours for you will or he deemed to be acting within the scope of their employment by you or performing �'—�-` 7. Paragraph 4.b.('I )(c) of SECTION IV COMMERCIAL GENERAL LIAB ILITY CON- duties related to the conduct of your buss '�St "� ness . DITIONS is deleted . Page 2 of 6 c The Travelers indemnify Company. All rights reserved . CG D3 16 11 11 02011 005066 COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 5. of 4. Any organization you newly acquire or form, SECTION III •-- LIMITS OF INSURANCE: other than a partnership, joint venture or lirn- Far the purposes of determining the applica- ited liability company, of which you are the ble Each Occurrence Limit, all related acts or sole owner or in which you maintain the ma- omissions committed in providing or failing to jority ownership interest, will qualify as a provide "incidental medical services", first aid Named Insured if there is no other insurance or "Good Samaritan services" to any one per- which provides similar coverage to that or- son will be deemed to be one "occurrence". ganization . However: 4. The following exclusion is added to Para- a. Coverage under this provision is afforded graph 2., Exclusions, of SECTION 1 — COV- only: ERAGES -- COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (1 ) Until the 180th day after you acquire or form the organization or the end of the Sale Of Pharmaceuticals policy period, whichever is earlier, if you "Bodily injury" or "property damage" arising do not report such organization in writing out of the willful violation of a penal statute or to us within 180 days after you acquire or ordinance relating to the sale of pharmaceuti- form it; or cals committed by, or with the knowledge or 2 Until the end of policy ' consent of, the insured, t } the p Ircy period , when that date is later than 180 days after you 5. The following is added to the DEFINITIONS acquire or form such organization, if you Section: report such organization in writing to us "Incidental medical services" smeans: within 180 days after you acquire or form a, Medical , surgical, dental, laboratory, x-ray it, and we agree in writing that it will con or nursing service or treatment, advice or time to be a Named Insured until the end instruction , or the related furnishing of of the policy period ; food or beverages; or b. Coverage A does not apply to "bodily injury" b. The furnishing or dispensing of drugs or or "property damage" that occurred before medical , dental , or surgical " supplies - or • you acquired or formed the .organization; and appliances. c. Coverage B does not apply to "personal in- "Good Samaritan services" means any emer- jury" or "advertising injury" arising out of an gency medical services for which no compen- offense committed before you acquired or sation is demanded or received. formed the organization . 6. The following is added to Paragraph 4. b., Ex- F. WHO IS AN INSURED -- BROADENED . NAMED cess Insurance , of SECTION IV - COM- INSURED .. UNNAMED SUBSIDIARIES iVIERCIAL GENERAL LIABILITY CONDI- TIONS : The following is added to SECTION II WHO IS AN INSURED: The insurance is excess over any valid and collectible other insurance available to the in- Any of your subsidiaries, other than a partnership, sured, whether primary, excess, contingent or joint venture or limited liability company, that is on any other basis, that is available to any of not shown as a Named Insured in the Declara- your "employees" or "volunteer workers" for tions is a Named Insured if you maintain an own- "bodily injury" that arises out of providing or ership interest of more than 50% in such subsidi- failing to provide "incidental medical ser- ary on the first day of the policy period. vices", first aid or "Good Samaritan services" No such subsidiary is an insured for "bodily injury" to any person to the extent not subject to or "property „damage" that occurred , or personal Paragraph 2.a.(1 ) of Section II - Who Is An of- Insured. Injury or "advertising injury" caused by an of- fense committed after the date, if any, during the E. WHO IS AN INSURED — NEWLY ACQUIRED policy period , that you no longer maintain an OR FORMED ORGANIZATIONS ownership interest of more than 50% in such sub- The following replaces Paragraph 4. of SECTION sidiary. ll -- WHO IS AN INSURED : CG D3 16 11 11 © 2011 The Travelers Indemnity Company. All rights reserved. Page 3 of 6 i z COMMERCIAL GENERAL LIABILITY • G . BLANKET ADDITIONAL INSURED - OWNERS , H . BLANKET ADDITIONAL INSURED -- LESSORS MANAGERS OR LESSORS OF PREMISES OF LEASED EQUIPMENT The following is added to SECTION 11 — WHO IS The following is added to SECTION Ii - WHO IS AN INSURED: AN INSURED : Any person or organization that is a premises Any person or organization that is an equipment owner, manager or lessor and that you have lessor and that you have agreed in a written con- agreed in a written contract or agreement to in- tract or agreement to include as an insured on dude as an additional insured on this Coverage this Coverage Part is an insured , but only with re- Part is an insured , but only with respect to liability sped to liability for "bodily injury", "property dam- for "bodily injury" , "property damage", " personal age", "personal injury" or "advertising injury" that: injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" that a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising occurs, or is " personal injury" or "advertising injury" caused by an offense that is commit- injury" caused by an offense that is commit- ted , subsequent to the execution of that con- ted , subsequent to the execution of that con- tract or agreement; and tract or agreement; and b. Is caused , in whole or in part, your acts or by b. Arises out of the ownership, maintenance or omissions in the maintenance, operation or use of that part of any premises leased to use of equipment leased to you by such you . . equipment lessor. The insurance provided to such premises owner, The insurance provided to such equipment lessor manager or lessor is subject to the following pro- is subject to the following provisions: visions: a. The limits of insurance provided to such a , The limits of insurance provided to such equipment lessor will be the minimum limits premises owner, manager or lessor will be which you agreed to provide in the written the minimum limits which you agreed to pro- contract or agreement, or the limits shown on vide In the written contract or agreement, or the Declarations, whichever are less. the limits shown on the Declarations, which b . The insurance provided to such equipment ever are less. lessor does not apply to any "bodily injury" or co b. The insurance provided to such premises "property damage" that occurs, or "personal (° owner, manager or lessor does not apply to : injury" or "advertising injury" caused by an of- � "� "bodil injury" or "property damage" fense that is committed , after the equipment .—.._ (1 � Any Y '�' that occurs, or "personal Injury" or "adver- lease expires. �� tising injury" caused by an offense that is c, The insurance provided to such equipment committed , after you cease to be a tenant lessor is excess over any valid and collectible 0......:—.—. in that premises; or other insurance available to such equipment m (2) Stru ctural alterations , new construction or lessor, whether primary, excess, contingent o demolition operations performed by or on or on any other basis, unless you have behalf of such premises owner, lessor or agreed in the written contract or agreement in— that this insurance must be primary to , or m� manager. • remises non-contributory with , such other insurance, lc, c. The insurance provided to such p in which case this insurance will be primary owner, manager or lessor is excess over any . e to , and non-contributory with, such other in- valid and collectible other insurance availabl surance. mats to such premises owner, manager or lessor, — STATES o-= whether primary, excess, contingent or on I . BLANKET ADDITIONAL INSURED umammi any other basis , unless you have agreed in OR POLITICAL SUBDIVISIONS — PERMITS the written contract or agreement that this in- c,_. The following is added to SECTION II — WHO IS surance must be primary to , or non- AN INSURED : a"— contributory with , such other insurance, in this be primary to, Any state or political subdivision that has issued a which case insurance will permit in connection with operations performed by and non-contributory with , such other insur- and that you or on your behalf you are required ance . Page 4 of 6 C The Travelers Indemnity Company. All rights reserved. CG D3 16 11 11 O2011 005000 COMMERCIAL GENERAL LIABILITY by any ordinance, law or building code to include (ii) A manager of any limited liability as an additional insured on this Coverage Part is company; or an insured , but only with respect to liability for (iii) An executive officer or director of "bodily injury", "property damage", "personal in- any other organization ; jury" or "advertising injury" arising out of such op- erations, that is your partner, joint venture member or manager; or The Insurance provided to such state or political b Any "employee" autho authorized subdivision does not apply to : � ) . . r , by such partnership, joint venture, limited H- a. Any "bodily injury," "property damage," "per- ability company or other organization sonal injury" or "advertising injury" arising out to give notice of an "occurrence" or of operations performed for that state or po- offense. iltical subdivision; or (3) Notice to us of such "occurrence" or of an b. Any "bodily injury" or "property damage" in- offense will be deemed to be given as eluded in the "products-completed operations soon as practicable if it is given in good hazard". faith as soon as practicable to your work- J. KNOWLEDGE AND NOTICE OF OCCUR- ers' compensation insurer. This applies RENCE OR OFFENSE only if you subsequently give notice to us The following is added to Paragraph 2,, Duties in of the "occurrence" or offense as soon as The Event of Occurrence, Offense, Claim or practicable after any of the persons de- Suit, of SECTION IV COMMERCIAL GEN- scribed in Paragraphs e. (1 ) or (2) above ERAL LIABILITY CONDITIONS: discovers that the "occurrence" or offense e. The followin ' ' may result in sums to which the insurance g provisions apply to Paragraph provided under this Coverage Part may a, above, but only for the purposes of the in- apply surance provided under this Coverage Part to you or any insured listed in Paragraph 1 . or 2. However, if this Coverage Part includes an en- of Section II -- Who Is An insured : dorsement that provides limited coverage for "bodily • injury" or - "property damage" or pollution (1 ) Notice to us of such "occurrence" or of- costs arising out of a discharge, release or es- fense must be given as soon as practica- 9. ' cape of "pollutants" which contains a requirement ble only after the "occurrence" or offense that the discharge, release or escape of " ollut is known by you (if you are an individual) , p p ants" must be reported to us within a specific any of your partners or members who is number of days after its abrupt commencement an individual (If you are a partnership or p ' this Paragraph e. does not affect that require- joint venture) , any of your managers who ment. is an individual (if you are a limited liability company), any of your "executive offi- UNINTENTIONAL OMISSIONcers" or directors (if you are an organiza- The following is added to Paragraph 6, , Repre- tion other than a partnership, joint venture sentations, of SECTION IV — COMMERCIAL or limited liability company) or any "em- GENERAL LIABILITY CONDITIONS : ployee" authorized by you to give notice The unintentional omission of, or unintentional of an "occurrence" or offense . error in, any information provided by you which (2) If you are a partnership, joint venture or we relied upon in issuing this policy will not preju- limited liability company, and none of your dice your rights under this insurance. However, partners, joint venture members or man- this provision does not affect our right to collect agers are individuals, notice to us of such additional premium or to exercise our rights of "occurrence" or offense must be given as cancellation or nonrenewal in accordance with soon as practicable only after the "occur applicable insurance laws or regulations. rence" or offense is known by: L. BLANKET WAIVER OF SUBROGATION (a) Any Individual who is: The following is added to Paragraph 8. , Transfer (1) A partner or member of any part- Of Rights Of Recovery Against Others To Us, nership or joint venture; of SECTION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS : CG 03 16 11 11 © 2011 The Travelers indemnity Company. AU rights reserved. Page 5 of 6 COMMERCIAL GENERAL LIABILITY has agreed in a contract or agree- 3. "Bodily injury" means bodily injury , mental If the insured 9 mental injury, shock, fright, disability, ment to waive that insured's right of recovery anguish , • organization we waive our humiliation , sickness or disease sustained by against any person or organlz a person , including death resulting from any right of recovery against such person or organiza- at any time. tiononly of these but for payments we make because of: - " that oc- N . CONTRACTUAL LIABILITY — RAILROADSa. ��Bodily injury" or ►� property damage curs; or 1 . The following replaces Paragraph c. of the ur ' definition of "insured contract" in the pEFINI- b . "Personal injury or advertising injury" TIONS Section : caused by an offense that Is committed ; contract or c. Any easement or license agreement; subsequent to the execution of that 2. Paragraph f.( a 1 of the definition of "insured agreement. ) 9 contract" in the DEFINITIONS Section Is de- leted .AMENDED The following replaces the definition of "bodily injury" in the DEFINITIONS Section : eat CPIS O Si O Si T • rr� islimmEt Odiddast IddeaIwnwei NISEI Soused �ww d moat .mow Solt MSS rr. X �r Page 6 of 6 © 20 11 The Travelers Indemnity Company. All rights reserved. CG 03 16 11 11 005067 t 14 4 II 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 ct 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 Part, 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 H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE - INCREASED LIMIT !I B. BLANKET ADDITIONAL INSURED I . PHYSICAL DAMAGE TRANSPORTATION i EXPENSES - INCREASED LIMIT C. EMPLOYEE HIRED AUTO J. PERSONAL EFFECTS D. EMPLOYEES AS INSURED K. AIRBAGS E. SUPPLEMENTARY PAYMENTS - INCREASED L. NOTICE AND KNOWLEDGE OF ACCIDENT LIMITS OR LOSS F. HIRED AUTO - LIMITED WORLDWIDE M. BLANKET WAIVER OF SUBROGATION COVERAGE - INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE GLASS N . UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED executed by you before the "bodily injury" or vvi is added to Paragraph A.'i . Who Is "property damage" occurs and that is in effect The following � during the policy period , to be named as an addi- ERAGE:An Insured, of SECTION II -- LIABILITY COV- bona( insured is an "insured" for Liability Cover- age , but only for damages to which this insurance Any organization you newly acquire or form dur- applies and only to the extent that person or or- ing the policy period over which you maintain ganization qualifies as an "insured" under the 50% or more ownership interest and that is not Who is An Insured provision contained in Section separately insured for Business Auto Coverage. II, Coverage under this provision is afforded only un- C. EMPLOYEE HIRED AUTO til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- 1 . The following is added to Paragraph A.1 ., ever Is earlier. Who Is An Insured, of SECTION it — Li- ft BLANKET ADDITIONAL INSURED ABILITY COVERAGE: An "employee" of yours is an "insured" while The following is added to Paragraph G. in AA ., operating an "auto" hired or rented under a Who Is An Insured , of SECTION II - LIABILITY o p g COVERAGE : contract or agreement in that "employee's" name, with your permission, while performing Any person or organization who Is required under duties related to the conduct of your busi- a written contract or agreement between you and ness . that person or organization, that is signed and CA T3 53 03 10 © 2010 The Travelers Indemnity Company. Page 1 of 4 includes copyrighted material of Insurance Services Office, Inc, with its permission. 4 L. COMMERCIAL AUTO 2. The following replaces Paragraph b. in B .5, , within such country or jurisdiction , for Liability Other Insurance, of SECTION IV - BL1SI- Coverage for any covered "auto" that you NESS AUTO CONDITIONS : lease, hire, rent or borrow without a driver for b. For Hired Auto Physical Damage Cover- a period of 30 days or less and that is not an age, the following are deemed to be coy- "auto" you lease, hire, rent or borrow from erect "autos" you own : any of your "employees", partners (if you are a partnership), members (if you are a limited (1 ) Any covered "auto" you lease, hire, liability company) or members of their house • - rent or borrow; and holds. (2) Any covered "auto" hired or rented by (a) With respect to any claim made or "suit" your "employee" under a contract in brought outside the United States of that individual "employee's" name, America, the territories and possessions with your permission, while perform- of the United States of America , Puerto ing duties related to the conduct of Rico and Canada: your business. (i) You must arrange to defend the "in- However, any "auto" that is leased, hired , sured" against, and investigate or set- rented or borrowed with a driver is not a tie any such claim or "suit" and keep covered "auto". us advised of all proceedings and ac- D. EMPLOYEES AS INSURED tioris. The following is added to Paragraph AA ., Who Is (ii) Neither you nor any other involved An Insured, of SECTION li - LIABILITY COV- "insured" will make any settlement ERAGE; without our consent. Any "employee" of yours is an "insured" while us- (iii) We may, at our discretion, participate ing a covered "auto" you don't own , hire or borrow in defending the "insured" against, or in your business or your personal affairs. in the settlement of, any claim or "suit" . E. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS (iv) We will reimburse the "insured" for A2 2 sums that the "insured" legally must Paragraph 1 . The following replaces . .a.( ) , pay as damages because of "bodily of SECTION II -. LIABILITY COVERAGE: injury" or "property damage" to which (2) Up to $3,000 for cost of bail bonds (in- this insurance applies, that the "in- cluding bonds for related traffic law viola- sured" pays with our consent, but tions) required because of an "accident" only up to the limit 'described in Para- we cover. We do not . have to furnish graph C., Limit Of Insurance, of SEC- these bonds. TION II LIABILITY COVERAGE, 2. The following replaces Paragraph A.2.a_(4), (v) We will reimburse the Insured" for of SECTION II - LIABILITY COVERAGE: the reasonable expenses incurred (4) All reasonable expenses incurred by the with our consent for your investiga-- "insured" at our request, including actual lion of such claims and your defense loss of earnings up to $500 a day be- of the insured against any such cause of time off from work. "suit", but only up to and included F. HIRED AUTO - LIMITED WORLDWIDE CQV- within the limit, described in Para- F. - INDEMNITY BASIS graph C, , Limit Of insurance, of SECTION II -- LIABILITY COVER- The following replaces Subparagraph (5) in Para- AGE, and not in addition to such limit. graph B.7 ., Policy Period, Coverage Territory, Our duty to make such payments of SECTION IV - BUSINESS AUTO COND1- ends when we have used up the ap- TIONS : plicable limit of insurance in pay- (5) Anywhere in the world , except any country or ments for damages , settlements or jurisdiction while any trade sanction, em- defense expenses. bargo, or similar regulation imposed by the (h) This insurance is excess over any valid United States of America applies to and pro- and collectible other insurance available hibits the transaction of business with or Page 2 of 4 © 2010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material of insurance Services Office, Inc. with its permission. { II {i G COMMERCIAL AUTO 1 C Il: to the "insured" whether primary, excess J . PERSONAL EFFECTS contingent or on any other basis. The following is added to Paragraph A.4, , Cover- (c) This insurance is not a substitute for re- age Extensions, of SECTION III PHYSICAL quired or compulsory insurance in any DAMAGE COVERAGE : country outside the United States, its ter Personal Effects ritories and possessions, Puerto Rico and Canada. We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: You agree to maintain all required or compulsory insurance in any such coun- (1) Owned by an "insured"; and try up to the minimum limits required by (2) In or on your covered "auto". local law. Your failure to comply with This coverage applies only in the event of a total compulsory insurance requirements will not invalidate the coverage afforded by theft of your covered auto . this olio but we will only be liable to the No deductibles apply to this Personal Effects policy, { same extent we would have been liable coverage. had you complied with the compulsory in- K. AIRBAGS surance requirements . The following is added to Paragraph $.3., ExCIuM { d It is understood that we are not an admit ( � sions, of SECTION III — PHYSICAL DAMAGE ted or authorized insurer outside the COVERAGE: United States of America, its territories Exclusion 3.a. does not apply to "loss" to one or • and possessions, Puerto Rico and Can- more airbags in a covered "auto" you own that in- ada. We assume no responsibility for the flate due to a cause other than a cause of "loss" furnishing of certificates of insurance, or set forth in Paragraphs A.'l .b. and A.1 .c., but for compliance in any way with the laws of other countries relating to insurance. only; G. WAIVER OF DEDUCTIBLE M GLASS a. If that "auto" is a covered "auto" for Cornpre- pensive Coverage under this policy; The following is added to Paragraph D., iJeductr- b. The airbags are not covered under any war- ble, of SECTION III PHYSICAL DAMAGE ranty; and COVERAGE: • No deductible for a covered "auto" will apply to c� The airbags were not intentionally inflated, glass damage if the glass is repaired rather than We will pay up to a maximum of $ 1 ,000 for any replaced. one "loss". H. HIRED AUTO PHYSICAL DAMAGE a- LOSS OF NOTICE AND KNOWLEDGE OF ACCIDENT OR USE - INCREASED LIMIT LOSS The following replaces the last sentence of Para- The following is added to Paragraph A,2.a, , of graph AA. b., Loss Of Use Expenses, of SEC- SECTION IV — BUSINESS AUTO CONDITIONS : TION III — PHYSICAL DAMAGE COVERAGE: Your duty to give us or our authorized represents- However, the most we will pay for any expenses tive prompt notice of the "accident ' or "loss" ap- for loss of use is $65 per day, to a maximum of plies only when the "accident" or "loss" is known $750 for any one "accident". to: PHYSICAL DAMAGE ,-- TRANSPORTATION (a) You (if you are an individual ); EXPENSES ,- INCREASED LIMIT (b) A partner (if you are a partnership); The following replaces the first sentence in Para- (c) A member (if you are a limited liability com- graph A.4.a., Transportation Expenses , of pany); SECTION III --- PHYSICAL DAMAGE COVER AGE: (d) An executive officer, director or insurance manager (if you are a corporation or other or- We will pay up to $50 per day to a maximum of ganization); or $1 ,500 for temporary transportation expense in- (e) Any "employee" authorized by you to give no- cuffed by you because of the total theft of a coy- ered "auto" of the private passenger type, tice of the "accident" or "loss" . • CA T3 53 03 10 © 2010 The Travelers Indemnity Company. Page 3 of 4 • Includes copyrighted material of Insurance Services Office, Inc, with its permission. I N M • COMMERCIAL AUTO } M . BLANKET WAIVER OF SUBROGATION such contract. The waiver applies only to the The following replaces Paragraph A.5. , Transfer person or organi7 Lion designated in such Of Rights Of Recovery Against Others To Us, contract. of SECTION IV - BUSINESS AUTO CONDI- N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2,, Conn 5. Transfer Of Rights Of Recovery Against cealment, Misrepresentation, Or Fraud , of 11 Others To Us SECTION IV - BUSINESS AUTO CONDITIONS : 1 We waive any right of recovery we may have The unintentional omission of, or unintentional against any person or organization to the ex- error in, any information given by you shall not tent required of you by a written contract prejudice your rights under this insurance. How signed and executed prior to any "accident" ever this provision does not affect our right to col- or "loss", provided that the "accident" or "loss" lest additional premium or exercise our right of arises out of operations contemplated by cancellation or non-renewal. l t i EJ 1 tI I I Page 4 of 4 © 2010 The Travelers indemnity Company. CA T3 53 03 10 Includes copyrighted material of insurance Services Office, Inc. with €ts permission. 1 .4. s' MN/AWL7501 E Lowry Blvd Denver, CO 80230-7006 ASSURANCE 303-361 -4000 / 800-873-7242 www.pinnacol .com NCCI #: WC000313B Policy #: 4058086 Tim Constructors Inc Willis of Colorado, Inc. Attn : Sally Sifuentes 2000 S . Colorado Blvd . PO Box 336638 Tower II , Suite 900 Greeley, CO 80633 Denver, CO 80222 (303) 722-7776 ENDORSEMENT: Blanket Waiver of Subrogation We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule . This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule . SCHEDULE To any person or organization when agreed to under a written contract or agreement, as defined above and with the insured, which is in effect and executed prior to any loss . Effective Date : October 1 , 2014 Expires on : October 1 , 2015 Pinnacol Assurance has issued this endorsement October 2 , 2014. Abe Tomas Underwriter 7501 E Lowry Blvd Denver, CO 80230-7006 Page 1 of 1 P ISA - 10/02/2014 19:08 :17 4058086 42287868 359-B EXH T BID REQUEST NO . B1600067 WELD COUNTY DEPARTMENT OF PUBLIC WORKS CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS 4,...,-74.114- • Ai 4 N 1 8 6 3: /- [441641 v COUNT 'T' MARCH , 2016 Weld County Public Works Division of Engineering P . O . Box 758 1111 H Street Greeley, Colorado 80632 970-304-6496 TABLE OF CONTENTS The following checked forms and provisions take precedence over plan drawings and supplement the 2011 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Green Book) which is to be used to administer the construction of this project. BIDDING REQUIREMENTS: *All Bidders must submit these forms with their Bid. Invitation to Bid 3 Instructions to Bidders 4-12 Bid Proposal 15-16 *Bid Schedule and Signature Page 17-18 *Bid Bond 19-20 *IRS Form W-9 21 WELD COUNTY CONTRACT FORMS: *Low Bidder must submit these forms prior to Contract Award. *Notice of Award 22 *Contract Agreement 23-32 *Performance Bond 33-34 *Labor and Materials Payment Bond 35-36 Notice to Proceed 37 Change Order 38 Certificate of Substantial Completion 39 Lien Waiver 40 Notice of Acceptance 41 WELD COUNTY PROJECT SPECIAL PROVISIONS: Special Provisions Index 1P Project Special Provisions 2P -12P APPENDIX: Location Map (1 sheet) Details from Bridge 58/47C Plans (4 sheets) Detail from Bridge 58/47B Plans (1 sheet) Photographs of Damages (3 sheets) Page 2 REQUEST FOR BID Y' 1861API 1 ) WELD COUNTY, COLORADO EL. 1150 "O" STREET GREELEY, CO 80631 COUNTY DATE : March 3, 2016 BID NUMBER: B1600067 MANDATORY PRE-BID SITE VISIT: Cutoff Date March 18, 2016 MANDATORY PRE-BID MEETING : March 21 , 2016 at 10 : 00 AM. BID OPENING DATE: April 7, 2016 at 10 : 00 AM. 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 : BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS. DESCRIPTION : The project in general consists of repairing damages resulting from a truck crash which occurred on the recently completed Weld County Parkway on November 15, 2015. Specific work items include: guardrail , bridge rail , asphalt paving , concrete patching , pavement striping , and traffic control . This project also includes a force account to be utilized by the Contractor for engineering design services. This project is not subject to Federal or State contract requirements. A mandatory pre-bid site visit shall be arranged by the Contractor during the period of March 3rd through March 18th, 2016. Bidders and their Engineermust participate in amandatorysitevisit with Weld County Public Works Department staff(970-304.6496 ext3706)to be allowed to submit a bid. In addition, a mandatory pre-bid meeting will be held at the Public Works Department (1111 H Street) on March 21 , 2016 at 10 :00 AM. Bids for the above work will be received at the Office of the Weld County Purchasing Department in the Weld County Administration building , 1150 "O" Street, Greeley, CO 80631 until : Thursday, April 7, 2016, 10 : 00 AM. PAGES 3-16 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION IN PAGES 3-16 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 16. 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 . Page 3 You can find bid information on the Weld County Purchasing website at http://www.co.weld .co.us/Departments/Purchasinq/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@we Id g ov . co m . Emailed bids mustincludethefollowing statementon 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 . 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, Greeley, CO 80631 . Please call the Purchasing Department 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 . Page 4 In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. Weld County reserves the right to reject any 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 Specifications for Road and Bridge Construction , Section 101 . 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 Direcbrof General Services may 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. 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 Page 5 Subcontractors listed by the Bidder and accepted by County prior to the Notice of Award will be required in the performance of the Work. Contract Execution : The successful Bidder shall be required to execute the Contract and to furnish the Performance Bond , Labor & Materials Payment Bond and Certificate of Insurance within ten ( 10) calendar days of receipt of the Notice of Award . The Certificate of Insurance shall name Weld County as additional insured . Failure to execute the contract and furnish the required paperwork within the time frame mentioned above shall be just cause for the annulment of the Award and , in the event of such annulment, the Award may then be made to another Bidder, or the County may reject all Bids or call for other Bids . The County, within ten ( 10) days of receipt of acceptable Performance Bid , Labor & Materials Payment Bond , and signed Contract from the successful Bidder will issue the Notice to Proceed . In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Bid 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 Bid Request. 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 governmenta 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. Ro ay lties: 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 cos:s and profits on account of cash allowances named in the Bid Documents. 7. SITE CONDITIONS Familiarization with the Site : The prospective Bidder shall by careful examination, satisfy himself of the following : Nature and location of the site where the Work is to be performed . Page 6 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. Availability of lands for access, staging, or storage 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 employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E-Verify program or the State of Colorado program established pursuant to C. R .S . §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E-Verify Program or State of Colorado program procedures to undertake pre-employment screening or job applicants while this Agreement is being performed . If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien . Successful bidder shall comply with reasonable requests made in 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 Page 7 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 employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization , express or implied , to bind Weld County to any agreement, liability or understanding , except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with 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 Page 8 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 . J . Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall faithfully perform the work in accordance with the standards of professional care, skill , training , diligence and judgment provided by highly competent contractors performing construction services of a similar nature to those described in this Agreement. The successful bidder shall further be responsible for the timely completion , and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term : The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid . L. Termination : County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M . Extension or Modification : Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether 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 Page 9 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. O . Warranty. Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project. P. Non-Assignment. The successful bidder may not assign or transfer this Agreement or any interest therein or claim there-under, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall , at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control , including but not limited to Acts of God , fires, strikes, war, flood , earthquakes or Governmental actions. R. Non-Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S . Employee Financial Interest/Conflict of Interest - C.R.S. §§24-18-201 et seq. and §24-50- 507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which 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 operations, or authorizes funding to the successful bidder. T. Severability. If any term or condition of this Agreement shall be held to be invalid , illegal , or unenforceable by a court of competent jurisdiction , this Agreement shall be construed and enforced without such provision , to the extent that this Agreement is then capable of execution within the original intent of the parties. Page 10 U . Compliance with Davis-Bacon Wage Rates. N/A. V. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners. W . Compensation Amount. Upon the successful bidder's successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid . The successful bidder acknowledges no payment 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 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 obligations 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 Page 11 coordination of all services rendered by the successful bidder and shall , without additional compensation , promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend , indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation , law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person , persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its construction methods or procedures; or in its provisions of the materials required herein , or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation , defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance : The successful bidder/Contract Professional shall obtain , and maintain 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 ) Statutory Coverage B (Employers Liability) $ 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 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: Page 12 $ 1 , 000,000 each occurrence; $2 , 000,000 general aggregate; $2 , 000,000 products and completed operations aggregate; $ 1 ,000,000 Personal Advertising injury $50, 000 any one fire; and $5,000 Medical 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. Professional Liability (Errors and Omissions Liability): The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by the Contract is written on a claims-made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed . Minimum Limits: Per Loss $ 1 ,000,000 Aggregate $2 ,000,000 Proof of Insurance : County reserves the right to require the successful bidder/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion . Additional Insureds : For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder/Contract Professional's insurer shall name County as an additional insured . Waiver of Subrogation : For all coverages, Successful bidder/Contract Professional's insurer shall waive subrogation rights against County. 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, or other entities upon request by the County. Page 13 The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. SCOPE OF WORK: Please see the attached Drawings, Exhibits, and Special Provisions for specific work to be accomplished . BID SUBMITTAL REQUIREMENTS: Please ensure your proposal includes each of the following items: 1 . Bid schedule (page 17). 2 . Receipt of addenda and signature sheet (page 18). 3. Bid bond (page 19). 4. IRS Form W-9 (page 21 ). Page 14 7P■x k\ BID REQUEST NO. B1600067 WELD COUNTY DEPARTMENT OF PUBLIC WORKS CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR BRIDGES 58/478 AND 58147C DAMAGE REPAIRS 1861 . ' � r • MARCH, 2016 Weld County Public Works Division of Engineering P.O. Box 758 1111 H Street Greeley, Colorado 80632 970-304-6496 BID PROPOSAL To: Weld County Purchasing Department 1150 "O" Street Greeley, Colorado 80631 Attention : Trevor Jiricek, Director of General Services Bid Proposal for: BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS 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 himself of the conditions at the site and to gain a clear understanding of the Work to be executed and is thoroughly familiar with all local , state and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. PROPOSAL GUARANTEE This Bid Proposal is accompanied by the required Bid Bond of five percent (5%) based upon the Total Cost of all items required to be Bid . Weld County, Colorado is authorized to hold said Bid Bond for a period of not more than sixty (60) days after the opening of the Bids for the Work indicated , unless the undersigned Bidder is awarded the Contract within said period , in which event the Owner may retain said Bid Bond until the undersigned Bidder has executed the required Agreement and furnished the required Performance Bond , Labor & Materials Payment Bond , and Certificates of Insurance. TIME OF COMPLETION The Bidder agrees to make his 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 , he must execute the required Agreement and furnish the required Performance Bond , Labor & Materials Payment Bond and Insurance Certificates within ten ( 10) days from the date of Notice of Award . Page 15 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. For any discrepancy between words and figures; the words will control . All mathematics will be checked and the correct total used for determining the low bidder. The successful vendor is required to sign a separate contract (a sample contract is included in the bid documents). Page 16 BID SCHEDULE ITEM ITEM DESCRIPTION QUANTITY UNIT COST TOTAL COST 1 -202 Removal of Damaged Railing 1 (LS) $ $ 2-202 Asphalt Removal (2" Milling ) 600 (SY) $ $ 3-403 HMA (SX) ( 100) (PG64-28) 70 (TON ) $ $ 4-601 Concrete Patching and Sealing 1 (LS) $ $ 5-606 Guardrail Type 3 (6'-3" Spacing ) 160 (LF) $ $ 6-606 Guardrail Median Terminal End 1 (EACH ) $ $ 7-606 Guardrail Transition Type 3G 1 (EACH ) $ $ 8-606 Guardrail Transition Type 3H 1 (EACH ) $ $ 9-606 Replace 58/47B Bridge Rail 1 (LS) $ $ 10-606 Replace 58/47C Bridge Rail 1 (LS) $ $ 11 -612 Delineator (Type III ) 5 (EACH ) $ $ 12-626 Mobilization 1 (LS) $ $ 13-627 Epoxy Marking Paint 20 (GAL) $ $ 14-630 Construction Traffic Control 1 (LS) $ $ 15-700 Force Account (Minor Revisions) 1 (FA) $20,000.00 $20, 000.00 16-700 Force Account (Engineering) 1 (FA) $10,000.00 $10,000.00 TOTAL BID AMOUNT = $ *Include all force account (FA) amounts in your total bid amount. NOTE : The following are items of work to be completed by Weld County: 1 Materials Quality Acceptance Testing i_I Construction Inspection Page 17 RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. Date: By: Addendum No. Date: By: 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. B1600067. 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 BY (Please print) ADDRESS DATE CITY, STATE, ZIP CODE TELEPHONE # FAX E-MAIL TAX ID # SIGNATURE WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551 -0000. Page 18 BID BOND BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS KNOW ALL MEN BY THESE PRESENTS, that as Principal, and as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of Dollars ($ ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH , that whereas the Principal has submitted the accompanying Bid dated , 2016 for the BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS as set out in the accompanying Bid. WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him , that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform . NOW THEREFORE, if the principal shall, within the period specified therefore: A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner in accordance with his Bid as accepted , and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B. Withdraw said Bid within the time specified , or C. Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this day of , 2016 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing board . Principal Address ATTEST: By: By: Surety ATTEST: Address By: Page 19 BID BOND INSTRUCTIONS The full firm name and residence of each individual party to the bond must be inserted in the first paragraph. If the principal is a partnership, the full name of all partners must be inserted in the first paragraph which must recite that they are partners composing the partnership (to be named), and all partners must execute the bond as individuals. The state of incorporation of each corporate party to the bond must be inserted in the first paragraph and the bond must be executed under the corporate seal of said party attested by its secretary or other authorized officer. Power of Attorney must accompany this bond when signed by other than an officer of either the principal or surety. A standard printed bond form may be used in lieu of the foregoing form provided that the security stipulations protecting the Owner are not in any way reduced by use of such standard printed bond form . Page 20 Form VV-9 Request for Taxpayer Give form to the (Rev. October 2007) Identification Number and Certification requester. Do not Deportment or the Treasury send to the IRS. Internal Revenue Seance Name (as shown on your income tax return) N m QBusiness name, if different from above c 0 0 y Check box:appropriate Individual Sole proprietor Corporation _ Partnership —, Exempt _ ❑ Limited liability company Enter the tax classification (D=lisregarded entity. C=corporation, Partnership) ► payee ❑ Other (see instructions) ► c c Address (number. street, and apt. or suite no.) Requester's name and address (optional) ac m City, state, and ZIP code List account number(s) here (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 Social security number backup withholding. For individuals, this is your social security number (SSN) However, for a resident alien, sole proprietor. or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer id•ntiticeUon number number to enter. Part II Certification Under penalties of perjury. I certify that: 1 , The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me). and 2. I am not subject to backup withholding because. (a) I am exempt from backup withholding. or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends. or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest 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 instructions on page 4 Sign I Signature of Here U.S. person ► Date ► General Instructions Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: Section references are to the Internal Revenue Code unless • An individual who is a U.S citizen or U S resident alien. otherwise noted • 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 Special rules for partnerships. Partnerships that conduct a contributions you made to an IRA. trade or business in the United States are generally required to Use Form W-9 only if you are a U.S. person (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 tax. 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 if it is following cases: substantially similar to this Form W-9. • The U S owner of a disregarded entity and not the entity. Cat. No. 10231X Form W-9 (Rev. 10-2007) Page 21 NOTICE OF AWARD BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS To: Project Description: The project in general consists of repairing damages resulting from a truck crash which occurred on the recently completed Weld County Parkway on November 15, 2015 . Specific work items include: guardrail , bridge rail , asphalt paving , concrete patching , pavement striping , and traffic control . This project also includes a force account to be utilized by the Contractor for engineering design services. 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 $ 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 fail to execute said Agreement and to furnish said Bonds within ten ( 10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned . The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this day of , 2016 Weld County, Colorado, Owner By Michael Bedell , P.E. , Senior Engineer ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this day of , 2016 By: Title: Page 22 WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY AND CONTRACTOR (SAMPLE) BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS THIS AGREEMENT is made and entered into this day of , 2016, 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 CONTRACTOR, [an individual], [a limited liability partnership] [a limited liability company] [a corporation]whose address is , hereinafter referred to as "Contractor". WHEREAS, BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS is in need of construction , (hereinafter referred to as "Project", and WHEREAS, in the interests of public health , safety and welfare, it is necessary to undertake this project, and WHEREAS, County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit A; and WHEREAS, Contractor is willing to perform and has the specific ability to perform the required construction services at the cost specifically set forth in Exhibit B : 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 the County's Request for Bid as set forth in Bid Request No. B1600067 . Exhibit A contains all the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid . The Response (submitted bid ) 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. Contractor shall coordinate with the Weld County Director of Public Works or other designated supervisory personnel (the "Project Manager") to perform the services described in Exhibit A. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill , training , diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion , and acknowledges that a failure to comply with the standards and requirements of Exhibit A within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 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 Page 23 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. 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, Contractor'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 . 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 $ , which is the bid amount specifically 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 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 . Contractor 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 . If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the services for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by Page 24 County, if any, shall forthwith be returned to County. 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 (end of the fiscal 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 . 20- 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. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization , express or implied , to bind County to any agreement, liability or understanding , except as expressly set forth in the Agreement. Contractor 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 as set forth in Exhibit A) and provide proof thereof when requested to do so by County. 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 Page 25 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. 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 shall Page 26 assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverage. 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. The Contractor/Contract Professional shall maintain , at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this 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 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 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 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 10/93 or equivalent, covering premises operations, 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 project(s) general aggregate limit, ISO CG 2503 or equivalent additional insured-owners, lessees or Contractor's endorsement, ISO Form 2010 or Page 27 equivalent, additional insured-owners, lessees or Contractor's 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 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 payments 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 reduce 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 the County, 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. Additional Insured : 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 . Page 28 Waiver of Subrogation : For all coverage, 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 insured under its policies or shall ensure that all subcontractors maintain the required coverage. 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 (3) years from the date of the last payment received from County. 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, 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. Likewise, Contractor shall designate, prior to commencement of work, its project representative ("Contractor Representative") who shall make, within the scope of his or her authority, necessary and proper decisions with reference to the project. 18. Compliance with Law: Contractor shall strictly comply with all applicable Federal and State laws, rules and regulations in effect and hereby 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 Page 29 funds not otherwise appropriated in each succeeding year. 22 . Employee Financial Interest/Conflict of Interest — C. R.S. 24-18-201 and 24-50-507: The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which 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. 23. Severability: If any term or condition of this Agreement shall be held to be invalid , illegal , or unenforceable by a court of competent jurisdiction , this Agreement shall be construed and enforced without such provision , to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity: No term or condition of this contract shall be construed or interpreted as a waiver, express or implied , of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24- 10-101 et seq . , as applicable now or hereafter amended . 25. No Third Party Beneficiary: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval : This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction : Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation , execution , and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void . In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. 8-17.5-101 : Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who shall perform work under this Agreement and shall confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement through participation in the E- Verify Program or the State program established pursuant to CRS §8- 17.5- 102(5)(c), Contractor shall not knowingly employ or subcontract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor (a) shall not use E-Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed , (b) shall notify the subcontractor and County within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this Agreement, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice , and (d ) shall comply with Page 30 reasonable requests made in the course of an investigation , undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State program , Contractor shall deliver to County, a written , notarized affirmation , affirming that County has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program . If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq . , County may terminate this Agreement for breach and , if so terminated , Contractor shall be liable for damages. Except where exempted by federal law and except as provided in C. R.S . 24-76.5- 103 , 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, 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 , 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 . Compliance with Davis-Bacon Wage Rates : N/A 31 . Attorneys Fees/Legal Costs: In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 32 . Binding Arbitration Prohibited : Weld County does not agree to binding arbitration by any extra-judicial body or person . Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void . 33. 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 referenced 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. Page 31 SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have approved this Agreement this _ _ day of , 2016. CONTRACTOR: By: Date: Name: Title: WELD COUNTY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Mike Freeman, Chair Weld County Clerk to the Board BY : Deputy Clerk to the Board APPROVED AS TO FUNDING: APPROVED AS TO SUBSTANCE: Controller Director of Public Works Department APPROVED AS TO FORM: Director of General Services County Attorney Page 32 PERFORMANCE BOND BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS KNOW ALL MEN BY THE PRESENTS; that (Name and Address of Contractor) , hereinafter called Contractor, and a (Corporation , Partnership, or Individual) (Name of Surety) (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County Public Works Department (Name of Owner) P.O. Box 758 , 1111 H Street, Greeley, Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of Dollars, ($ ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of , 2016, a copy of which is hereto attached and made a part hereof for the construction of: BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS (Bid No. B1600067) 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 . Page 33 PERFORMANCE BOND BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS IN WITNESS WHEREOF , this instrument is executed in two (2) counterparts, each one of which shall be deemed an original , this day of , 2016 . Contractor By (Contractor) Secretary (SEAL) (Witness as to Contractor) (Address) (Address) ATTEST: (Surety) Secretary (SEAL) By Witness as to Surety Attorney-in-Fact (Address) (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond . IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located . Page 34 LABOR & MATERIALS PAYMENT BOND BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS KNOW ALL MEN BY THE PRESENTS; that (Name and Address) , hereinafter called Contractor, and a (Corporation , Partnership, or Individual) (Name of Surety) (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County Public Works Department (Name of Owner) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Address of Owner) Hereinafter called Owner, in the penal sum of Dollars, ($ ), in lawful money of the United States of America , for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of , 2016 , a copy of which is hereto attached and made a part hereof for the construction of: BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS (Bid No. B1600067) 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. Page 35 LABOR & MATERIALS PAYMENT BOND BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original , this day of , 2016. Contractor By (Contractor) Secretary (SEAL) (Witness as to Contractor) (Address) (Address) ATTEST: (Surety) Secretary (SEAL) By Witness as to Surety Attorney-in-Fact (Address) (Address) NOTE : Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond . IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located . Page 36 NOTICE TO PROCEED BRIDGE 58/47B AND 58/47C DAMAGE REPAIRS To: Date: Name of Project: BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS You are hereby notified to commence Work in accordance with the Agreement dated . The date of completion of all Work is therefore . Weld County, Colorado, Owner By Michael Bedell, P. E . , Senior Engineer ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: (Contractor) Dated this day of , 2016. By Title Page 37 CHANGE ORDER NO. (EXAMPLE) BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS Date: Project: BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS (Bid No . B1600067) Owner: Weld County, Colorado Contractor: The following change is hereby made to the Contract Documents: CHANGE TO CONTRACT PRICE: Original Contract Price: Current Contract Price adjusted by previous Change Order: The Contract Price due to this Change Order will be increased by: The new Contract Price, including this Change Order, will be: CHANGE TO CONTRACT TIME: The Contract Time will be increased by calendar days. The date for completion of all Work will be . RECOMMENDED: Owner Representative: Date: Michael Bedell, P. E . Senior Engineer County Engineer: Date: Don Dunker, P . E . County Engineer APPROVALS : Contractor: Date: Owner: Date: Mike Freeman (BOCC Chair) Page 38 CERTIFICATE OF SUBSTANTIAL COMPLETION BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS Owner's Project No : B1600067 Engineer's Project No: BR-126 Project: BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS ;Bid No. B1600067) Contractor: Contract For: Construction Contract Dated : This Certificate of Substantial Completion applies to all Work under the Contract Documents except for the following specified parts thereof: The Work to which this Certificate applies has been inspected by authorized representatives of the Owner, Contractor and Engineer, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on Date of Substantial Completion A list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of the Contractor to complete all the Work in accordance with the Contract Documents. The items in the list shall be completed or corrected by the Contractor within 7 days of the above date of Substantial Completion . To be effective, this form must be signed by the Owner, the Engineer, and the Contractor. Owner: Date: Engineer: Date: Contractor: Date: Page 39 LIEN WAIVER (GENERAL CONTRACTOR) BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS TO: Weld County Public Works Attn : Michael Bedell , P. E. , Senior Engineer P.O. Box 758 Greeley, Colorado 80632 Gentlemen: For a valuable consideration paid by the Board of County Commissioners of Weld County, the receipt and sufficiency of which is hereby acknowledged , the undersigned hereby, releases unto Weld County and to its heirs, executors, administrators or assigns, all rights of the undersigned to claim a mechanic's lien for material heretofore furnished for use in and for labor heretofore performed upon the construction , alteration, addition to or repair of the structures or improvements described in the Contract Documents as: Project: BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS (Bid No. B1600067) Contractor: (If no legal description is shown following the description of Project, we acknowledge that the foregoing is an adequate description of the real properties and improvements inasmuch as the foregoing is the description given in the Contract Documents which govern the performance of the Work for which consideration has been received. ) In executing this release, we certify that all claims for labor, or materials, or both, furnished or performed on our behalf by our material suppliers or subcontractors have been paid or that satisfactory arrangement for payment has been made. We agree to defend Weld County from any and all claims on the part of our material suppliers, laborers, employees, servants and agents or subcontractors arising from our Work on the Project, and we further agree to reimburse the Board of County Commissioners of Weld County for any and all costs, including reasonable attorney fees, which they may incur as a result of such claims. Contractor By: Title: Date: STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2016, by My commission expires: Notary Public Page 40 NOTICE OF FINAL ACCEPTANCE BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS TO : Date: RE : BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS (Bid No . B1600067). This is to inform you that the above referenced job, has been satisfactorily completed in accordance with the Contract Documents and is hereby accepted . Final payment will be made on or about . Final acceptance does not relieve the Contractor of the minimum one ( 1 ) year guarantee on all work and materials incorporated into this Project. Such guarantee shall begin on the date of this acceptance. Weld County, Colorado, Owner By: Michael Bedell , P. E . , Senior Engineer ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: (Contractor) Dated this day of , 2016. By Title Page 41 BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS WELD COUNTY PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS The Colorado Department of Transportation 2011 Standard Specifications for Road and Bridge Construction controls construction of this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. PROJECT SPECIAL PROVISIONS Page Index Page (March, 2016) 1P Notice to Bidders (March, 2016) 2P Commencement and Completion of Work (March, 2016) 3P Revision of Section 101 - Definition of Terms (March, 2016) 4P Revision of Section 104 — Scope of Work (March, 2016) 5P Revision of Section 105 — Claims for Contract Adjustment (March, 2016) 6P Revision of Section 107 - Legal Relations and Responsibility to Public (March, 2016) 7P Revision of Section 108 — Prosecution and Progress (March, 2016) 8P Revision of Section 109 - Measurement and Payment (March, 2016) 9P Revision of Section 630 — Construction Zone Traffic Control (March, 2016) 10P Traffic Control Plan - General (March, 2016) 11P Force Account Items (March, 2016) 12P 1P BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS NOTICE TO BIDDERS The proposal guaranty shall be a certified check, cashier's check, or bid bond in the amount of 5% of the Contractor's total bid. Pursuant to subsections 102.04 and 102.05, this project requires the Contractor and their Engineer to schedule and attend a mandatory site visit with the County. Bids will not be accepted from any Contractor failing to meet this requirement. The mandatory site visit must be conducted during the period of March 3rd through March 18t'', 2016. In addition, a mandatory pre-bid meeting will be conducted at the Public Works Department (1111 H Street) on March 21, 2016 at 10:00 AM. Information regarding the project and the mandatory site visit may be obtained from the following listed authorized representatives. Michael Bedell, P.E., Senior Engineer Rodney Schneider, Inspector Weld County Public Works Dept. Weld County Public Works Dept. 1111 H Street 1111 H Street P.O. Box 758 P.O. Box 758 Greeley, CO 80632 Greeley, CO 80632 970-304-6496, ext. 3706 (office) 970-304-6496, ext. 3701 (office) 970-301 -0780 (cell) 970-702-3531 (cell) The above referenced individuals are the only representatives with authority to provide any information, clarification, or interpretation regarding the plans, specifications, and any other contract documents or requirements. END OF SECTION 2P BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS COMMENCEMENT AND COMPLETION OF WORK The Contractor shall commence the Engineering Services (Force Account) work required by the Contract Documents within 7 calendar days after the date of the signed Contract Agreement. On the first day actual site work commences the County will issue a "Notice to Proceed", and the Contractor shall complete the site work within 30 calendar days after the Notice to Proceed is given, unless the period for completion is extended otherwise by the Contract Documents. The Contractor shall submit an initial work schedule at the pre-construction meeting. Salient features to be shown on the Contractor's progress schedules for the project are: 1 . Estimated commencement of site work (Notice to Proceed) date. 2. Estimated date for asphalt mill/overlay work. 3. Estimated demobilization and traffic control removal date. END OF SECTION 3P BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS REVISION OF SECTION 101 DEFINITION OF TERMS Technical Specifications related to the construction materials and methods for the work required under this contract shall consist of the "Colorado Department of Transportation, Standard Specifications for Road and. Bridge Construction" dated 2011 . Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have different meanings within the scope of this Contract. A summary of redefinitions follows: Subsection 101 .28 : "Department" shall mean the Weld County Department of Public Works, a department within the Government of Weld County Colorado. Subsection 101 .29: "Chief Engineer" shall mean the Director of Weld County Public Works Department or his/her designated representative. Subsection 101 .37: "Inspector" shall mean the Director of Weld County Public Works Department or his/her designated representative. Subsection 101 .58: "Regional Transportation Director" shall mean the Director of Weld County Public Works Department or his/her representative. Subsection 101 .70: "State" shall mean Weld County. All references to State, CDOT and the Department of Transportation shall be defined as Weld County acting directly on or through its duly authorized representative or agent. END OF SECTION 4P BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS REVISION OF SECTION 104 SCOPE OF WORK Subsection 104.02.(c).(2) shall be revised as follows: (2) When a major item of work is increased in excess of 150% or decreased below 50% of the original contract quantity, any allowance for an increase in cost shall apply only to that portion in excess of 150% of the original contract item quantity, or in the case of a decrease below 50%, to the actual amount of the work performed. A major item of work is defined to be any item having an original contract value in excess of 10% of the original contract amount. Subsection 104.07 Paragraph 4, starting with "Net cost savings. . ." shall be revised as follows: Net cost savings on Value Engineering Cost Proposals (VECPs) shall be split equally between the Contractor and Weld County as determined in the Basis of Payment section of this specification. Subsection 104.07.(d).2 shall be removed and replaced as follows: (2) For all VECPs the incentive payment shall be calculated as follows: (gross cost of deleted work) — (gross cost of added work) = (gross savings) (gross savings) — (Contractor's engineering costs) — (Weld County's engineering costs) = (net savings) Contractor's total incentive = (net savings)/2 The Contractor's engineering costs will be reimbursable only for outside consultant costs that are verified by certified invoices. Weld County's engineering costs shall be actual consultant costs invoiced to Weld County and extraordinary staff labor costs. These staff labor costs will be calculated at the fixed amount of $50.00 per hour per employee. Project personnel assigned to the field office or working on the project on a regular basis shall not be included in the Weld County portion of the costs calculation. END OF SECTION 5P BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS REVISION OF SECTION 105 CLAIMS FOR CONTRACT ADJUSTMENT Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105 .21 shall be revised as follows: The Colorado Department of Transportation (CDOT) will not participate directly in the resolution process for any claims filed by the Contractor. Weld County will be the responsible party to such claims. END OF SECTION 6P BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS 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 project to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his/her health or safety, as determined under construction safety and health standards (Rules and Regulations of the Federal Occupational Safety and Health Act of 1970 (OSHA) and as amended). All facilities and work conditions shall comply with the Colorado and Local Health Department Regulations and with OSHA requirements. Subsection 107. 17 — Delete the third paragraph beginning with "Loss, injury, or damage to the work..." and replace with the following: Loss, injury or damage to the work due to unforeseeable causes beyond the control of and without fault or negligence of the Contractor, including but not restricted to acts of God, such as flood, earthquake, tornado, or other cataclysmic phenomenon of nature shall be restored by the Contractor at no cost to the County. Subsection 107. 19 shall be revised to include the following: The Contractor shall be required to obtain permission to conduct any work or park any construction equipment or vehicles on private property. The Contractor shall stay within the County right-of-way unless permission to use private property has been obtained from the landowner prior to construction. END OF SECTION 7P BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.08 Delete the second paragraph beginning with "The Contractor shall not . . . ..." END OF SECTION 8P BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS 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 unless otherwise approved by the County Engineer. END OF SECTION 9P BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised for this project as follows: Subsection 630. 14, delete paragraph three (3), sub-paragraph (b), beginning with "Reimbursement for flagging shall . . . .", and replace with the following: Flagging will not be measured. Subsection 630. 15 shall be revised to include the following: All work necessary for Flagging will not be paid for separately, but shall be considered subsidiary to the work. END OF SECTION 10P BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS TRAFFIC CONTROL PLAN - GENERAL Special Traffic Control Plan requirements for this project are as follows: The Contractor shall be allowed to close one lane of each bridge during working hours. During non-working hours all traffic lanes shall be open to public traffic. Subsection 104.04 and Section 630 of the CDOT specifications: Standard Plan S-630-1 (Traffic Controls for Highway Construction), and Standard Plan S-630-2 (Barricades, Drums, and Vertical Panels). Prior to commencing work each day, the Contractor shall review the traffic control setup with the Project Inspector, and receive verbal approval to proceed with construction. The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time. The Contractor and his subcontractors shall equip their construction vehicles with flashing amber lights. Flashing amber lights on vehicles shall be visible from all directions. The Contractor shall be responsible for providing all required traffic control devices necessary to construct the project in accordance with the guidelines set forth within the most recent version of the Manual on Uniform Traffic Control Devices, and the CDOT M&S Standards. The Contractor will not be allowed to utilize the County-owned traffic control devices which are currently on the site. On the first day of site work the County will remove these items (barricades, signs, markers, etc.) and the Contractor shall install their own traffic control devices. All costs incidental to the foregoing requirements shall be included in the original lump sum contract price for Traffic Control. There shall be no individual payment for a Traffic Control Supervisor, Traffic Control Inspector, or Flaggers, but the work shall be included in the project. Resetting, repairing, or replacing Traffic Control Devices is considered maintenance of the devices. Cleaning and maintenance of Traffic Control Devices shall not be paid for separately, but shall be included in the work. END OF SECTION 11P BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS FORCE ACCOUNT ITEMS The Force Account (Minor Contract Revisions) amount shall be added to the total bid to determine the amount of the performance and payment bonds. Force Account (MCR) work shall be performed as directed by the County Engineer or Inspector. This work mainly consists of minor unforeseen items of work authorized and approved by the County Engineer or Inspector, which is not included in the contract drawings or specifications, and is determined to be necessary to accomplish the scope of work of this contract. The Force Account (Engineering Services) amount shall be added to the total bid to determine the amount of the performance and payment bonds. The Contractor shall obtain the services of a Professional Engineer Licensed in Colorado, and will be reimbursed for these services utilizing this bid item. The Contractor's Engineer shall have sufficient knowledge and experience directly associated with bridge design and construction methods, and shall submit documents to the County for approval prior to construction materials being ordered. Specifically, the Contractor's Engineer will be responsible for the following tasks: _ Design and recommendations of construction materials, methods, and details associated with removal of the damaged bridge rail on Bridge 58/47C and replacement with new railing which matches the existing. The Engineer shall determine the removal limits for the damaged bridge rail and provide drawing details of the proposed method of attaching the replacement bridge rail to the existing concrete curb and to the replacement guardrail transition. Calculations showing the replacement bridge rail has required strength equal or greater than the existing bridge rail shall be submitted for County prior to materials being ordered. The Engineer shall make site visits during construction to verify the work is being done properly, and submit as-constructed drawings to the County. ❑ Design and recommendations of construction materials, methods, and details associated with removal of the damaged bridge rail on Bridge 58/47B and replacement with new railing which matches the existing. The Engineer shall determine the removal limits for the damaged bridge rail and provide drawing details of the proposed method of attaching the replacement bridge rail to the existing concrete deck and to the replacement guardrail transition. Calculations showing the replacement bridge rail has required strength equal or greater than the existing bridge rail shall be submitted for County prior to materials being ordered. The Engineer shall make site visits during construction to verify the work is being done properly, and submit as-constructed drawings to the County. ❑ Recommendations of construction materials, methods, and details associated with repairing damaged concrete (patching spalls and sealing cracks) using approved concrete patching and sealing products intended to return the damaged areas to their original condition. BASIS OF PAYMENT Payment will constitute full compensation for all work necessary to complete the item. Force Account Item Quantity Amount F/A Minor Contract Revisions F/A $20,000.00 F/A Engineering Services F/A $10,000.00 END OF SECTION 12P B1600067 APPENDIX W ZZ '- O aUn r . .,,.‘„7,-, T % •.. I Hap •17W w ' • // :!� X60°;- , � a� zoow -0 m o / �' ! / Nt t. • .' r LLQ 4Wiii J O r c / I" "- O chi _r' d al n a U U ,-- co ( r r � ° >_ $ QOi " fin tP • 3± 1IP cc ki (19 N Ws•rsa = rj W 1 . J �in ~ ru Imp LL r ?/ 00 CO co Ce LLt ('im \ 1 I0 Q� J J Clis (O J II • .—\\N ...... 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VEX\A‘t°ne BID REQUEST NO . B1600067 WELD COUNTY DEPARTMENT OF PUBLIC WORKS CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS --- - --- ---14' 7R'-N1861 fte' 1 �N TY _ `3: 11 : MARCH , 2016 Weld County Public Works Division of Engineering P.O. Box 758 1111 H Street Greeley, Colorado 80632 970-304-6496 BID PROPOSAL To: Weld County Purchasing Department 1150 "O" Street Greeley, Colorado 80631 Attention: Trevor Jiricek, Director of General Services Bid Proposal for: BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS 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 ail 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 himself of the conditions at the site and to gain a clear understanding of the Work to be executed and is thoroughly familiar with all local, state and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. PROPOSAL GUARANTEE This Bid Proposal is accompanied by the required Bid Bond of five percent (5%) based upon the Total Cost of all items required to be Bid. Weld County, Colorado is authorized to hold said Bid Bond for a period of not more than sixty (60) days after the opening of the Bids for the Work indicated, unless the undersigned Bidder is awarded the Contract within said period, in which event the Owner may retain said Bid Bond until the undersigned Bidder has executed the required Agreement and furnished the required Performance Bond, Labor & Materials Payment Bond, and Certificates of Insurance. TIME OF COMPLETION The Bidder agrees to make his 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, he must execute the required Agreement and furnish the required Performance Bond, Labor & Materials Payment Bond and Insurance Certificates within ten (10) days from the date of Notice of Award. — -- _ , _ - -- Page 15 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. For any discrepancy between words and figures; the words will control. All mathematics will be checked and the correct total used for determining the low bidder. The successful vendor is required to sign a separate contract (a sample contract is included in the bid documents) . �- -- - - Page 16 BID SCHEDULE ITEM ITEM DESCRIPTION QUANTITY UNIT COST TOTAL COST OO (J 1 -202 Removal of Damaged Railing 1 (LS) $ 3, 500. $ 3600: 9`' 00 2-202 Asphalt Removal (2" Milling) 600 (SY) $ j 00 3-403 HMA (SX) (100) (PG64-28) 70 (TON) $ 205: $ 111, 350 OO cei 4-601 Concrete Sealing Patching and 1 (LS) $ / 000. $ /5 000, co / O a 5-606 Guardrail Type 3 (6'-3" Spacing) 160 (LF) $ 741I $ ( , O?o 6-606 Guardrail Median Terminal End 1 (EACH) $ 4S040. $ 4 Soto. r 067 7-606 Guardrail Transition Type 3G 1 (EACH) $ 2, 7cc, f-11 $ 2, 7©o• 8-606 Guardrail Transition Type 3H 1 (EACH) $ 2, 200 . $ 2, 2 o, ao ac) 9-606 Replace 58/47B Bridge Rail 1 (LS) $ 17doo. — $ I 700o, co f7o�of 10-606 Replace 58/47C Bridge Rail 1 (LS) $ 17 OOO , $ j 00 11 -612 Delineator (Type III) 5 (EACH) $ / 1oo 12-626 Mobilization 1 (LS) $ 13. pod4fig $ / ,iocv co 13-627 Epoxy Marking Paint 20 (GAL) $ £10 �� $ y/ ZOO f c.c./ 06 14-630 Construction Traffic Control 1 (LS) $ 12, 000 $ l2 Qc 15-700 Force Account (Minor Revisions) 1 (FA) $20,000.00 $20,000.00 16-700 Force Account (Engineering) 1 (FA) $10,000.00 $10,000 .00 co TOTAL BID AMOUNT = $ / Lf5 2. so *Include all force account (FA) amounts in your total bid amount. NOTE: The following are items of work to be completed by Weld County: o Materials Quality Acceptance Testing • Construction Inspection - - - -_ - - . -- - . - Page 17 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: March 1 1 , 2016 By: Michael Bedell , PE 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. B1600067. 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 TLM Constructors , T nc� BY Aaron L . M? l l s (Please print) ADDRESS P . O . Box 336638 / 3000 W . F Street DATE Apr 1 7 , 21) 16 CITY, STATE, ZIP CODE Greeley , CO 80633 TELEPHONE # 970 - 346 - 8323 FAX 970 - 346 - 8324 E-MAILamills@tlmconstructors . com TAXID # 84 - 1188026 SIGNATURE L /UL� t7 WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551 -0000. Page 18 Bridges 58/47B and 58/47C Damage Repairs March 11 , 2016 Bid Request No. B1600067 Page 1 of 1 Weld County, Colorado ADDENDUM NUMBER ONE TO DRAWINGS, CONTRACT DOCUMENTS AND SPECIFICATIONS The following shall be as fully a part of the above named Drawings, Contract Documents and Specifications as if therein included and shall take full and complete preference over anything contained therein to the contrary. Acknowledgment: Each bidder shall indicate their acknowledgment of receipt of this Addendum in the place provided on the Bid Proposal, Page 18. RESCHEDULE MANDATORY PRE-BID MEETING DATE: • The mandatory pre-bid meeting shall be rescheduled. The new date and time for the meeting shall be Tuesday, March 22, 2016 at 10:00 A.M. OrVZ,0 t_e_CIOQ Michael Bedell , P. E. Senior Engineer BID BOND BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS KNOW ALL MEN BY THESE PRESENTS, that TLM Constructors, Inc., a Colorado Corporation as Principal, and International Fidelity Insurance Company, a New Jersey Corporation as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner') in the penal sum of Five Percent of the Total Amount Bid Dollars (s (5%)------- ) , lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated April 7 , 2016 for the BRIDGES 58/47B AND 58/47C DAMAGE REPAIRS as set out in the accompanying Bid. WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform. NOW THEREFORE, if the principal shall, within the period specified therefore: A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B. Withdraw said Bid within the time specified, or C. Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this 31st day of March , 2016 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing board. Principal TLM Constructors, Inc. Address 3000 W. F Street ATTE T: Greeley, CO 80631• i‘dot..„) By: Angela ills , Secretary By: les----// Aaron L . Mills , President Surety International Fidelity Insurance Company ATT ST: I Addr gsOn Newark Center ewark, NJ 07102 By: Susan J. Latter Surety Wiliness Y: - - S h Brown, Attorney-In-Fact Apoluatirmri— Page 19 Tul (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY , a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint SUSAN J . LATTARULO, FLORIETTA ACOSTA, SARAH BROWN, DONALD E. APPLEBY, TODD BENGF0RD, MARK SWEIGART Greenwood Village, CO. their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000: "RESOLVED, that (1 ) the President, Vice President, Chief Executive Officer or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances. contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 22nd day of July, 2014. �,��,‘,ITY f �` STATE OF NEW JERSEY �ACry {C � ��p y� County of Essex 7J� C�� (1.3.,r cdv.t____t_ cito SEA I. c7 tea► �� I 1936 l -4 sr4e. orm Aso tz) '4',9 -� ROBERT W. MINSTER Uk A }). �� Chief Executive Officer (International Fidelity F -Insurance Company) and President (AlleghenyN�, Casualty Company) — On this 22nd day of July 2014. before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, +�+++��,,,� at the City of Newark, New Jersey the day and year frst above written. ll ..14. .. ... .•``GPI H Y• CRS U ..3 . .. .. NOTARYeat* ..aiti E. : >- `• a m : � *- PUBLIC C° : (P •. , -4)..4.. :PC-2 . . • Q" $ My Commission s io Y BExpirres ALIC OF pril 16, 2019Y °f N EW J `S. �,,,,,,""",,,,, CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of slid companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this to day of ✓/ aI' Q�!/ �01 ---4,e_sti )Sairc_enst--- MARIA BRANCO, Assistant Secretary ,, •_ Sl^ l �' • For, W'9 Request for Taxpayer Give form to the (Rev. October 2007) Identification Number and Certification requester. Do not Oeo trrntmt i:v;)sr�r, send to the IRS. Minna flnt.nue Name (as shown on your income tax return) TIM Constructors , Inc . rn Business name, if different from above a Check appropriate box: Li individual/Sole proprietor )Corporation U Partnership Exempt O Limited liability company Enter the tax dasaification (Dadisregarded entity. C=corporation, Pjnrtnership) ► 1_.l payee t5 ,g I „n Other (on insUw.echei ► Z ' Address (number, street. and apt. or suite no.) I Requester's name and address (optional) a. a _ 3000 -WA, F Street - - city. state, and ZIP coda Greeley , CO 80631 i° List acrmunt number(s) here (optional) (Z Part I Taxpayer Identification Number (TIN) - Enter your TIN in the appropriate box. The TIN provided must match the name given on Une 1 to avoid Social security number backup withholding ror individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor. or disregarded entity, see the Pan I instructions of page 3. For other entities. It is your employer identification number (EIN). a you do riot have a number. see How to get a TiN on page 3. or Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter 84 1188026 - Part II Certification Under penalties of perjury, I certify that: t The number shown on this form Is my correct taxpayer identification number for I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding. or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below). Codification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest 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 th nstruction n page 4 U.S.Signatur of ��/ .. 7, 20/4 Here u.s. person �� D General instructions Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: Section references are to the Internal Revenue Code unless • An individual who is a U.S. citizen or U.S. resident alien. otherwise noted. • 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 .7701-4 abandonment of secured property. cancellation of debt. or Special rules for partnerships. Partnerships that conduct a contributions you made to an IRA. trade or business In the United States are generally required to Use Form W-9 only if you are a U.S. person (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 tax waiting for a number to be issued). Therefore, if you are a U.S. parson that is a partner In a 2. Certify that you are not subject to backup withholding. or provide pr Foprm W-9 to the pan shide or pto establish your U.S. s in the United tates. 3. Claim exemption from backup withholding if you are a U.S. atus and avoid withholding on your share of parnership 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 cr 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 If It is following cases: substantially simlitv to this Form W-9. • The U.S owner of a disregarded entity and not the entity, Cat. No 10231X Form W-9 (Rev 10-2007) Page 21 MEMORANDUM 1861 , 1� � Date: April 11, 2016 1311—__G _- NT To: Trevor Jiricek, Director of General Services OU_. From: Michael Bedell, P.E., Senior Engineer RE: Bid Request No. B1600067 BOCC Approval Date April 25,2016 Bids were received and opened on April 7, 2016 for contracted construction of the Bridges 58/47B and 58/47C Damage Repairs Project. Two bids were received ranging from $148,280.00 to $159,783.00 with the lowest bid submitted by TLM Constructors, Inc. from Greeley, Colorado. My Engineer's Estimate for this work was $170,150.00. This work is associated with an accident which occurred on the Weld County Parkway on November 15, 2015. The County Attorney Office is making arrangements for the County to be reimbursed for the expenses associated with this repair work from the responsible party(Concord Energy Transport). The submitted bids have been reviewed for errors and completeness. The bid tabulation has previously been submitted for your information. It is my recommendation to award the construction contract to TLM Constructors,Inc.for a total amount of$148,280.00. TLM Constructors, Inc. is a general contractor which specializes in this type of work and is well-qualified for this project. This contractor has successfully completed work for the Public Works Department in the past. If this bid is approved by the BOCC on April 25th, final engineering services and ordering of the materials will take place soon thereafter. Construction of the repairs is currently anticipated to take place during the summer of 2016, and will take approximately one month to complete. c>20/ _ /c 3 WELD COUNTY PURCHASING 1150 O Street Rm 107, Greeley CO 80631 E-Mail: mwaltersco.weld.co.us E-mail: reverett(a�co.weld.co.us Phone: (970) 400-4222 or 4223 Fax: (970) 336-7226 DATE OF BID: APRIL 7, 2016 REQUEST FOR: BRIDGES 58/47A & 58/47C DAMAGE REPAIRS DEPARTMENT: PUBLIC WORKS DEPT BID NO: #B1600067 PRESENT DATE: APRIL 11, 2016 APPROVAL DATE: APRIL 25, 2016 VENDOR TOTAL BID AMOUNT TLM CONSTRUCTORS INC $148,280.00 3000 W F ST P O BOX 336638 GREELEY CO 80633 NARANJO CIVIL CONSTRUCTORS INC $159,783.00 1863 2ND AVE GREELEY CO Engineer's Estimate - $170,150.00 PUBLIC WORKS WILL REVIEW THESE BIDS. 2016-1253 O O .7 0 o 8 8 8 0 8 8 8 8 o. 0 0 0 8 8 8 (+j O o o n o CO W e O S 6. 00 NO N M `O m V FA O� b Sc: 8 8 P O l0 ;_ m U C b N r- b al V N O 0J T O z 6)9 6A y) 69 65 d9 00 M �. y ,• to 49 w V C 8 8 8 O 8 8 8• 8 O 0 8 O O O O ap — O N O N O O F G P 00 3 �' 69 •b N N — (A V E N O O T bM9 6S Vi Y3 d1 69 , 9 O 0 8 8 o e 8 8 8 8 8 0 O 0. 8 8 0 8 O O 0cow ,..- .<• -1 0 0 O 8 000 2 O 8 8 8 C, 8, O 0 0 0 N O • F v `r 'r• O .5 ri r 6_ t' N o a:. co o F (A V) by 40 6A 44 b9 (9 K 60 fA 6R 64 64 69 IA w U 0 0 O O 8 8 8 8 8 8 0 0 0 8 J L �,� o 0 o 0 o• o 8 S c o 6 8 6 8 8 o H ,. to 6N9 _. 3 ,, ,. 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