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Home My WebLink About20163257.tiffboakid 041 q a_. WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & WELD COUNTY CONSTRUCTION, INC. 2016 CONCRETE MAINTENANCE AND REPAIR CONTRACT THIS AGREEMENT is made and entered into thisO ° day O1-1-1,2016, 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 Weld County Construction, Inc., a corporation, who whose mailing address is PO Box 67, Pierce, CO 80650, hereinafter referred to as "Contractor''. WHEREAS, various weld County locations are in need of repair is in need of repair (hereinafter referred to as the "Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the permanent repair of this road and/or bridge, and WHEREAS, County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit A; and B WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Construction Services at or below the cost set forth in Exhibit A: WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B16000150". The RFP contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit A which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"), to perform the services described on attached Exhibits A and B. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those �? (mow/e6/69a)) ii) //--021/6 �11,-3.57 073 described in this Agreement. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $43,220.00, which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C_R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty. Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the construction completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above - described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. Any modification to these requirements must be made in writing by Weld County. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Indemnity: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contractor in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Workers Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employers Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Employers Liability) Statutory $ 500,000 $ 500,000 $ 500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and liability assumed under an insured contract. The policy shall be endorsed to include 1) the Additional Insured Endorsements CG 2010 (or equivalent), 2) CG 2037 Additional Insured for products/completed operations, and 3) the Designated Construction Projects General Aggregate Endorsement CG 2503. The policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations" and the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury $50,000 any one fire; and $500,000 errors and omissions. $5,000 Medical payment one person Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 14. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, and all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Weld County Construction, Inc. Attn.: President, Leo Naranjo Address: 44340 WCR 33 (PO Box 67), Pierce, CO 80650 Address: E-mail:Leowccinc@aol.com Facsimile:970.534.0897 County: Name: Joshua Holbrook Position: Construction Inspection Supervisor Address: 1111 H St., Greeley Colorado, 80632-0758 Address: E-mail: jholbrook@weldgov.com Facsimile: 970.304.6496 18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. Non -Exclusive Agreement, This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 23. Severabilttty. 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 §§2410-101 et seq., as applicable now or hereafter amended. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5- 102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24- 76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24- 76.5-103 prior to the effective date of the contract. 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. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 31. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 32. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000 annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract. "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state -issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion. This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN ITNESS WHEREOF, the parties hereto have signed this Agreement this ocv day of ll�rl • , 2016. CONTRACTOR: By: Date // - / C -/ Name: e /1/19 '/--3rV.ro Title: CJ U,, „ t WELD COIdD Y� , ,�` , Cd ;� ATTEST: C/ Lus�1/ Weld • u Clerk to the Bo - rd BY: Deputy CI -�� to t : Boar BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freema31 iL n, Chair NOV 2 8 2016 oz.°/6 -.3.20�7 EXHIBIT A BID REQUEST NO. $1600150 WELD COUNTY DEPARTMENT OF PUBLIC WORKS CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR 2016 CONCRETE MAINTENANCE AND REPAIR CONTRACT September 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 forms and provisions, unless indicated as NA (non -applicable), take precedence over plan drawings and supplement the 2011 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) which is to be used to administer the construction of this project. BIDDING REQUIREMENTS; *All Bidders must submit these forms with their Bid. Invitation for Bids 3-4 Instructions to Bidders 4-14 *Bid Proposal 15-16 *Bid Schedule 17-19 "Bid Bond 20-21 *IRS Form W-9 22 *Statement of Qualifications and Subcontractors 23-26 Anti -Collusion Affidavit (CDOT Form #606) NA (to this bid) Underutilized DBE Bid Conditions Assurances (CDOT Form #714) NA (to this bid) WELD COUNTY CONTRACT FORMS; "Low Bidder must submit these forms prior to Contract Award. *Notice of Award 27 *Sample Agreement 28-42 *Performance Bond 43-44 *Labor and Materials Payment Bond 45-46 Notice to Proceed 47 Change Order 48 Certificate of Substantial Completion 49 Lien Waiver 50 Final Lien Waiver 51 Notice of Acceptance 52 COOT REQUIRED CONTRACT FORMS; *Low Bidder must submit these forms to Weld County by 4:30 p.m. the day following the bid opening. Contractors Performance Capability Statement (CDOT Form #605) NA (to this bid) Assignment of Antitrust Claims (CDOT Form #621) NA (to this bid) Certification of Proposed Underutilized DBE Participation (CDOT Form #715) NA (to this bid) Underutilized DBE Good Faith Effort Documentation (CDOT From #718) NA (to this bid) WELD COUNTY PROJECT SPECIAL PROVISIONS; Special Provisions Index 53 Project Special Provisions 54-77 APPENDIX - Project Locations, Concrete Details 78-89 CDOT REVISED STANDARD PROVISIONS: Revised Standard Provisions Index NA (to this bid) Current Davis Bacon Minimum Wage Decisions NA (to this bid) FHWA CONTRACT PROVISIONS: Required Contract Provisions Federal -Aid Construction Contracts (Form FHWA 1273) NA (to this bid) CONTRACT DRAWINGS Concrete maintenance and repair construction drawings............ NA (to this bid) REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: September 23, 2016 BID NUMBER: B1600150 DESCRIPTION: 2016 CONCRETE MAINTENANCE AND REPAIR CONTRACT MANDATORY PRE -BID CONFERENCE DATE: NA BID OPENING DATE: October 18, 2016 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: 2016 CONCRETE MAINTENANCE AND REPAIR CONTRACT The project in general consists of furnishing all labor, equipment, and materials for replacement or construction of designated concrete curbs, gutters, sidewalks, cross pans, minor landscaping repairs and other related incidental work required to complete the project. (See Project Location Maps on Pages 77-81). Bids for the above stated merchandise, equipment, and/or services will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley CO 80631 until: Tuesday, October 18, 2016, 10:00 a.m. f Weld County Purchasing Time Clock), PAGES 3 - 14 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 3 - 14 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 14. 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. Said merchandise and/or equipment shall be delivered to the location(s) specified herein. You can find bid information on the Weld County Purchasing website at http://www.co.weld.co.us/Departments/Purchasing/index.html located under Current Request for Bids. Weld County Government joined the Rocky Mountain E -Purchasing System. The Rocky Mountain BID No. 81600150 Page 3 You can find bid information on the Weld County Purchasing website at http://www.co.weld.co.us/Departments/Purchasingfndex.html located under Current Request for Bids. Weld County Government joined 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. Did Delivery to Weld County — 3 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: b i d s Cad w e I d g o v. c o m. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2. Facsimile. Bids may be faxed to 970-336-7226 attention "Purchasing". The vendor must include the following statement on the facsimile: "I hereby waive my right to a sealed bid. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 3. Mail. Mailed bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150 O Street, Room #107 Greeley, CO 80631. Please call Purchasing at 970-336-7225 if you have any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to the bid of the individual signing. When requested by the Weld County Director of General Services, satisfactory evidence of the authority of the officer signing in 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. RID No. 61600150 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 Specification for Road and Bridge Construction, Section 101. Qualification of Bidders: Qualification statements, attached with this document, are required to be completed by Bidders. Failure to submit qualifications may be cause for rejection of Bids. The Owner shall consider the following criteria in evaluating the Bidder's qualifications following the opening of Bids: Experience and performance records on similar work. Ability to complete the Work within the Contract Time. Familiarization With the Work: Before submitting his Bid, each prospective Bidder shall familiarize himself with the Work, the site where the Work is to be performed, local labor conditions and all local, state and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. He shall carefully correlate his observations with requirements of the Contract Documents and Drawings and otherwise satisfy himself of the expense and difficulties attending performance of the Work. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this paragraph. Interpretation of Contract Documents to Prospective Bidders: Any prospective Bidder who discovers ambiguities or is in doubt as to the true meaning of any part of the Contract Documents or Drawings shall make a request to the Inspector 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. Because of the time required to publish and deliver, 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 BID No. B1600 ISO Page 5 the electronic modification shall be submitted within three days after Bids are opened. The Diec torof General Services may at his sole discretion, release any Bid at anytime. 4. AWARD AND EXECUTION OF CONTRACT Basis of Award: Only firm Bids will be considered. The award of the Contract, if it is awarded, will be to the lowest responsible bidder whose Bid compares favorably upon evaluation with other Bids. Weld County intends to award the Contract to the lowest responsible Bidder within the limits of funds available and to best serve its interests. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. Evaluation of Bids: The evaluation of Bids will include consideration of Subcontractors and suppliers. All Bidders shall submit a list of all Subcontractors he expects to use in the Work with the Bid. The experience statement with pertinent information on similar Projects shall be furnished with the name of each Subcontractor proposed to perform work on the project. The use of Subcontractors listed by the Bidder and accepted by County prior to the Notice of Award will be required in the performance of the Work. All Bidders shall submit with their Bid a list of the suppliers as indicated in the Bid Forms. Contract Execution: The successful Bidder shall be required to execute the Contract and to furnish the Performance Bond, Labor & Materials Payment Bond and Certificate of Insurance within ten (10) calendar days of receipt of the Notice of Award. The Certificate of Insurance shall name Weld County as additional insured. Failure to execute the contract and furnish the required paperwork within the time frame mentioned above shall be just cause for the annulment of the Award and, in the event of such annulment, the Award may then be made to another Bidder, or the County may reject all Bids or call for other Bids. The County, within ten (10) days of receipt of acceptable Performance Bid, Labor & Materials Payment Bond, and signed Contract from the successful Bidder will issue the Notice to Proceed. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), the successful bidder's response, and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract which if required, has been made a part of this RFP. 5. PERFORMANCE, LABOR, MATERIAL, AND PAYMENT BOND The successful Bidder shall be required to execute the Performance Bond and Labor & Materials Payment Bond in the amount of 100% of the Contract plus the value of the force account items, covering the faithful performance of the Contract and the payment of all obligations arising there -under. The Bonds shall be executed on the forms included with the Contract Documents by a surety company authorized to do business in the State of Colorado and acceptable as surety to Weld County. The Bidder shall deliver the Bonds to the Owner not later than the date of execution of the Contract. 6. INDIRECT COSTS Governmental Fees: The cost of all construction licenses, building and other permits, and governmental inspections required by public authorities for performing the Work, which are applicable at the time Bids are opened and which are not specified to be obtained by the County, shall be included in the Bid price. BID No. B1600150 Page 6 Royalties: The cost of all royalties and license fees on equipment and materials to be furnished and incorporated in the Work shall be included in the Bid price. Utilities: Unless otherwise specified, the Bidder shall include in his Bid the cost of all electrical, water, sane ary, gas, telephone, and similar facilities and services required by him in performing the Work. Cash Allowances: The Bidder shall include in his Bid such sums as he deems proper for overhead costs and profits on account of cash allowances named in the Bid Documents. 7. SITE CONDITIONS Familiarization with the Site: The prospective Bidder shall by careful examination, satisfy himself of the following: Nature and location of the site where the Work is to be performed. Character, quality, and quantity of surface and subsurface materials, water, structures and utilities to be encountered. Character of construction equipment and facilities needed for performance of the Work. General local conditions. Availability of lands as set forth in the General Conditions. Access to the Site: The Bidder shall carefully review the Drawings and the Project Special 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 of 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 BID No. B1600150 Page 7 such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 9. GENERAL PROVISIONS A. Fund Availability: Financial obligations of the Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Confidential Information: Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. C. Governmental immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and 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. BID No. C316001:i0 Page 8 E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorneys Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. 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 BID No. 81600150 Page 9 additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all 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. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment. The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. BID No. B1600150 Page 10 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. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. 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. X. Taxes: 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. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. BID No. B1600150 Page 11 10. Insurance Requirements General Requirements: Successful bidders 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 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. Successful bidder shall be responsible for the payment of any deductible or self - insured retention. County reserves the right to require Successful bidder 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. 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 andif 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 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 materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its 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. BID No. B1600150 Page 12 Types of Insurance: The successful bidder 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 employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Employers Liability) Statutory $ 500,000 $ 500,000 $ 500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, liability assumed under an insured contract (including defense costs assumed under contract, designated construction projects(s) general aggregate limit, ISO CG 2503 or equivalent additional insured —owners, lessees or successful bidders endorsement, ISO Form 2010 or equivalent, additional insured —owners, lessees or successful bidders endorsement, ISO CG 2037 or equivalent, the policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Successful bidder, including completed operations" and the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury $50,000 any one fire; and $500,000 errors and omissions. $5,000 Medical payments one person Automobile Liability: Successful bidder 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. Successful bidders shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the Request for Bid. Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's RID No. R1600150 Page 13 Risk Administrator in his sole discretion. Additional Insured: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Successful bidder/Contract Professional. Successful bidder/Contract Professional shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. A provider of Professional Services (as defined in the Bid or RFP) shall provide the following coverage: Professional Liability: Contract Professional shall maintain limits of $1,000,000 for each claim, and $2,000,000 aggregate limit 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 provided by the successful bidder as part of the Contract. Successful Bidders Pollution Liability Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the operations of the successful bidder described in the Successful bidder's scope of services. Policy shall cover the successful bidder's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the successful bidder warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. The policy shall be endorsed to include the following as Additional Insureds: "Weld County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Successful bidder, including completed operations". Minimum Limits: Per Loss $ 1,000,000 Aggregate $• 1,000,000 The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID No. B1600150 Page 14 BID PROPOSAL To: Weld County Purchasing Department P.O. Box 758, 1150 "O" Street Greeley, Colorado 80632 Attention: Trevor Jiricek, Director of General Services Bid Proposal for: 2016 CONCRETE MAINTENANCE AND REPAIR CONTACT 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. 131D No. 131600150 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 Inspector. For any discrepancy between words and figures; the words will control. All mathematics will be checked and the correct total used for determining the low bidder. BID No. B1600150 Page 16 cts BID SCHEDULE Total Price (Dollars) , V} , V} , V} , V} , V} , i/1 , V} , V)- 1 V} 1 4/ , VF 1 to , U? 1 V} N. O O 0 0 Ln (-4' V} Unit Price (Dollars) V} V} V} V} V} V} V} V} V} V} 4/1- ill- V} V} V} 0 0 0 0 N V} Unit Price (Written Words) Two Thousand Five Hundred Bid Quantity O CO 0 01 40 N r1 r 1 68 20 0 ID 0 40 N riup ,--t CO r-1 Z A, _ >- Vl u J LL J >- V) < W >- V1 >- U >- U u J u_ J >- Vl < W >- Vl < W v, < u. Bid Schedule: Item Description Removal of Asphalt (Thickness varies ^'6") Removal of Curb and Gutter Type 2 - Section IB Removal of Gutter Type 2 Removal of Sidewalk Removal of Chase Drain Removal of Cross Pan Unclassified Excavation (Greater than 1') Aggregate Base Course (Class 6) Curb and Gutter Type 2 - Section IB Gutter Type 2 (2') 4" Sidewalk Chase Drain Cross Pan (6") (24 hour mix) Mobilization Traffic Control Force Account - Minor Contract Revisions ate, 2 7I N O N N N O N M N O N '1 N O N LI1 N O N lD N O N '-1 M O N .--1 'zr O M ,--1 Ql O lD N al O tD M al O lD [t Ql O lD Ll1 Ql O tD 7' l 0 N lD -4 O M lD ri O O I- *INCLUDE ALL FORCE ACOUNT ITEMS IN BID AMOUNT. Total Bid (Dollars) Total Bid (Written Words) Bid No B1600150 The undersigned, by his or her signature, hereby acknowledges and represents that: meets all of the conditions, specifications and special provisions set forth in the request for bid for Request No. a) o --(i.) o o _0 c U O 0 •@ c 0 O' U u) a) t.') r O C C a o •- O Y a a) a) O L r N OY 7 N ai•3 _ Y a) f.0 E U - .. . cn o = L Ca. O 0. o c a) N LO C O 0 a., c., U ca V c a) O O O >„05O -O .O N C = C C Q j Cu N O C o c}o U U -n 6. co c L a) 45 O Q) _ n n a) C O 'p a N c O N coYc ca .c •C o O , u) 00 C T Q) 0O .Tc CO = C o O Ca a) CO o a)E o co o > -0 � a) Y -O 3 a) ) a) Y al OL13Q 0 O L N a) -4S w N 0 V�� d o a) cis _0U �o 0 as 'v o C-0-a•C 0 a) Y O C.►.. E C C.> CI N > C C iv 'aocoi�cc o O N Y _c V o U_ a V Y X Ti, O to : a) 0 a) N E 4 co I) L O Y iuC+i 4- . N C O O O 0 +-. i- .C of") a) C = Y U p) C a) .o ca C O Croa'(n O Y -c N il,_ N w0 •N E N o O E .C L 4 U ca cu u)-N�≤aU))>. o c c. E c O 0 U) O > Q. o ,� 0 4- .� O oof.• a 4- Cr., Lcnc00000n �o-c c ao o4- 1:3 o o �o},0 lab crLr uu)) D O'2 a) t— a) ° a) -p O a) co 2 LL W I- CO 0) w w Z U) 0 m Q CITY, STATE, ZIP CODE 0 I- TELEPHONE NO SIGNATURE F- 0 Z 0 p O 9 O OD m N re w m z z 0 H a w X W LL 0 w 0 LL H w v w L2 w U) w J U) O 0 0 J 0 U� T 0 M lLw d0 2a w X 0 wQ V) co H Z CIp J w W Z Bid No B1600150 NOTE: The following are items of work to be completed by Weld County: Prior to Project Construction NA During Proiect Construction ❑ Materials Quality Acceptance Testing ❑ Construction Inspection After Project Construction NA RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. Date: By: Addendum No. Date: By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. SIGNATURES: Dated this day of , 2016. FIRM NAME: BY: TITLE: BIDDER'S LEGAL SIGNATURE: STATE OF INCORPORATION: ADDRESS: TELEPHONE NO: FAX NO: ATTEST BY: Bid No 81600150 Page 19 BID BOND 2016 CONCRETE MAINTENANCE AND REPAIR CONTRACT 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 2016 CONCRETE MAINTENANCE AND REPAIR 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 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: ATTEST: By: By: Surety Address BID No. B1600150 Page 20 INSTRUCTIONS The full firm name and residence of each individual party to the bond must be inserted in the first paragraph. If the principal is a partnership, the full name of all partners must be inserted in the first paragraph which must recite that they are partners composing the partnership (to be named), and all partners must execute the bond as individuals. The state of incorporation of each corporate party to the bond must be inserted in the first paragraph and the bond must be executed under the corporate seal of said party attested by its secretary or other authorized officer. Power of Attorney must accompany this bond when signed by other than an officer of either the principal or surety. A standard printed bond form may be used in lieu of the foregoing form provided that the security stipulations protecting the Owner are not in any way reduced by use of such standard printed bond form. BID No. B1600150 Page 21 Fam, 1/V-9 !Rev October 2007) ), ..,,, , ..4 I, r,.. I tinoIR..., Request for Taxpayer Identification Number and Certification Give form to the requester Do not send to the IRS IIII fl I III 6 m o� 1:; in 'I:,: tl..o '0 a. In iii Name las shown on your income tax return) Business name, if ditfe'enl from above ID •1 Check a ro rial• box. proprietor Corporation IJ Parin-`ship ' pp p - IndiN duaU5pla ro BatorExempt -SCI L.miled Ilabiliry company Enter the lax rtass,1nallon ID=disregarded enaiy, C=corpornnon. P•pertnership) D Olho, teen nuuucccne: Address (number, street and apt or sultana) ---- - D payee Regleslers name and : ddresstoplioroi) City, slate and ZIP coda Li account nuudw,l a, her, Ioolial.O f Alit Taxpayer Identification Number (TIN} Enter your TIN in the appropriate box The TIN provided must match the name given on Line I to avotd backup •tlithholding. For individuals, this is your social secLtnty number (SSN). However,for a resident alien sole proprietor, or disregarded enttty, see the Part I instrutctions on page 3. For other entities. t is your employer identification number (EIN). If you do not have a number, seeHow to get a TIN on page 3 Note. If the account is in more than one name. seethe chart on page 4 for guidelines on whose number to enter I Social secu ly number or Employer identification number Certification Under penalties of perjury, I certify that 1. The number shown on this form is my correct tnxpnyer identificntien number (or I nm wniting for n number to be issued to me). and 2. I am not subject to backup withholding because: (at I am exempt from backup withholding, or (bi I have not been notified by the Internal Revenue Service (IRS) tl'Iat I am subject to backup withhdding 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 Wthholding and 3. I om o U.S. citizen or other U.S. person (defined below). Certification Instructions. You must cross out item 2 above rf you have been notified by the IRS that you are currently subject to backup wthholdtng because you have faded to report all Interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interestpatd, acquisition or abandonmentof secured property, cancellation of debt. contnbuttonsto an individual retirement arrangement (IRA). and general y, payments other Clan interestand dividends, you are not required to sign Ile Certification but you must provide your correct TIN. See the instructions on page 4. Sign I Signature of Here US person Date ,.. General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who Is required to file an 'Information return with the IRS must obtain your correct taxpayer dent ication number (TIN) to report for example. income paid to you. real estate transactions. mortgage Interest you paid. acquisition or abandonment of secured property_ cancellation of debt. or contributions you made to an IRA Use Form W-9 only if you are a U.S. person (including a resident alien). to provide your correct TIN to the person requesting t (the requester) and. when applicable. to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exerrpfon from backup withholding if you are a U.S. exempt payee. If applicable you are also certifying that as a U S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income Note If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form If it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes. you are considered a U.S. person if you are • An individual who is a US citizen or V S resident alien. • A partnership, corporation, company. or association created or organized in the United States or under the laws of the United States. • An estate (other than a foreign estate). or A domestic: trust (as defined in Regulations section 301 7701-71 Special rules for partnerships. Partnerships that conduct a trade or business in th€ Unted States are generally required to pay a withholding tax on any foreign partners' share of inwme from such business. Further in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person and pay the withholding tax. Therefore if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States. provide Form W-9 to the partnership to establish your U.S status and avoid vithhoding on your share of partnership Income The person who gives Form W-9 to the partnership for purposes of estabishing its U.S. status and avoiding withholding on its allocable share of net 111eone from the partnership conducting a trade or business in the Untied States is in the follo'lling cases: • The U.S. owner of a disregarded entity and not the entity. Cat No 102315 Force W-9 4Ncv 10-2007) BID No. B1600150 Page 22 STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable, responsible and qualified bidder as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. 1. Name of Bidder (Company or Firm): 2. Permanent main office address: Phone Number. Fax Number: 3. Year Company was organized: 4. Number of years this Company has been engaged similar construction: Under what firm, company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work? 5. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: 6. List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. 7. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. RID No. R1600150 Page 23 9. List all contracts within the last 3 years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. 10. Has any owner, as party to any of the Company's contracts within the last 3 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc., or attempted to have the performance bond invoked? If yes, explain in detail. 11. Describe all contracts that the Company failed to complete. 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. 13. List all or a maximum of three (3) of the most recent projects, similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction at the present time. List the project name, location, project superintendent, owner's representative and phone number, date completed and contract amount for each project. Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: BID No. B1600150 Page 24 Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: 14. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company/s bid that each contractor's work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15% OR MORE OF THE WORK. SUBCONTRACTOR WORK DESCRIPTION % OF WORK 15. List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc. NAME YRS. PERTINENT TITLE EXPERIENCE 16. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. Bll) No. B1600150 Page 25 The undersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this day of , 2016. Bidder: Company By: Signature Name: (Please Type) Title: NOTARY County of ) ss. State of that being duly sworn, deposes and says he is of and (Title) (Company Name) that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this day of , 2016. (SEAL) Commission Expires Notary Public BID No. 131600150 Page 26 NOTICE OF AWARD 2016 CONCRETE MAINTENANCE AND REPAIR CONTRACT To: Project Description: The project in general consists: removal and replacement of concrete infrastructure maintained by Weld County. Locations are: WCR 5.5 between Hwy 119 and WCR 26, Sunny View Estates and Vista Commercial. 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 S 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 Josh Holbrook, Construction Inspection Supervisor. ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this day of , 2016 By: Title: BID No. 131600150 Page 27 SAMPLE WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & PROJECT NAME THIS AGREEMENT is made and entered into this _ day of , 201_, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and , [an individual], [a limited liability partnership] [a limited liability company] [a corporation], who whose address is , hereinafter referred to as "Contractor". WHEREAS, [Weld County Road ] OR [Bridge ] is in need of repair as a result of , (hereinafter referred to as the "Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the permanent repair of this road and/or bridge, and WHEREAS, County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit; and WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Construction Services at or below the cost set forth in Exhibit 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_ and , each of which forms an integral part of this Agreement. Exhibits _and are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits and , define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B ". The RFP contains all of the specific requirements of County. Exhibit _ consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. RU) No. 81600150 Page 28 SAMPLE 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 which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"), to perform the services described on attached Exhibits and . Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits_ and 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 . Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental [31D No. [31600150 Page 29 SAMPLE 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 set forth in Exhibit — Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. 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 material/service/equipment 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. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with BID No. B160(1150 Page 30 SAMPLE Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contractor shall have the following responsibilities 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 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 RID No. 131600150 Page 31 SAMPLE 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, during any warranty period, and for three (6) years after termination of the Agreement. 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 RID No. 81600150 Page 32 SAMPLE 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 assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. 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 Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Indemnity: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The Contractor in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its BID No. R1600'150 Page 33 SAMPLE elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Employers Liability) Statutory $ 500,000 $ 500,000 $ 500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 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 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 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; $2,000,00 products and completed operations aggregate; $1,000,000 Personal Advertising injury $50,000 any one fire; and $500,000 errors and omissions. $5,000 Medical payment one person Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, BID No. B1600150 Page 34 SAMPLE 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 said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of MD No. (31600150 Page 35 SAMPLE Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. A provider of Professional Services (as defined in the Bid or RFP) shall provide the following coverage: Professional Liability: Contract Professional shall maintain limits of $1,000,000 for each claim, and $2,000,000 aggregate limit 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 provided by the Contractor as part of the Contract. Contractors Pollution Liability Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the operations of the Contractor described in the Contractor's scope of services. Policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. The policy shall be endorsed to include the following as Additional Insureds: "Weld County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". Minimum Limits: Per Loss $1,000,000 Aggregate $1,000,000 Builders' Risk Insurance or Installation Floater — Completed Value Basis Unless otherwise provided, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, Builders' Risk Insurance in the amount of the initial Contract Sum, plus value of subsequent modifications, change orders, and cost of material supplied or installed by others, comprising total value of the entire Project at the site on a replacement cost basis without optional deductibles. a. Policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being BID No. B1600150 Page 36 SAMPLE transported to the construction installation site, or awaiting installation, whether on or off site. b. Such Builders' Risk Insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the County 's has insurable interest in the property to be covered, whichever is later. c. The Builders' Risk insurance shall include interests of the County and if applicable, affiliated or associate entities, the General Contractor, subcontractors and sub -tier d. contractors in the Project. e. The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false -work, temporary buildings, transit, debris removal including demolition, increased cost of construction, architect's fees and expenses, flood (including water damage), earthquake, and if applicable, all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation, backfilling, filling, and grading. f. The Builders' Risk shall include a Beneficial Occupancy Clause. The policy shall specifically permit occupancy of the building during construction. County Contractor shall take reasonable steps to obtain consent of the insurance company and delete any provisions with regard to restrictions within any Occupancy Clauses within the Builder's Risk Policy. The Builder's Risk Policy shall remain in force until acceptance of the project by the County. g. Equipment Breakdown Coverage (a.k.a. Boiler & Machinery) shall be included as required by the Contract Documents or by law, which shall specifically covers insured equipment during installation and testing (including cold and hot testing). h. The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor except for losses that involve all Acts of God such as flood, earthquake, windstorm, tsunami, volcano, etc. 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. Contractor agrees that any duly authorized representative of County, including the County Auditor, shall, until the expiration of five (5) years after the final payment under this Agreement, have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this BID No. B1600150 Page 37 SAMPLE Agreement. 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, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Attn.: President, Address: Address: E-mail: Facsimile: With copy to: Name: Position: Address: Address: E-mail: Facsimile: County: BID No. B1600150 Page 38 SAMPLE Name: Position: Address: Address: E-mail: Facsimile: 18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action 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 BR) No. R1600150 Page 39 SAMPLE 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 will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5- 102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. if Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to 131D No. B1600150 Page 40 SAMPLE C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 29. Official Engineering Publications_ Contractor acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contractor under this Agreement, and Contractor agrees to meet or exceed all standards set by these publications. Contractor further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount. 30. Compliance with Davis -Bacon Wage Rates. Contractor understands and agrees that, if required by the provisions of Exhibit , the work shall be in compliance with the Davis- Bacon Wage Rates. (If compliance with this statute is required by County under this Agreement, a copy of the information is contained in Exhibit _, County's Request for Bid, and is a part this Agreement.) 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 BID No. B1600 1 ,0 Page 4t SAMPLE Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits and , is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of , 201_. CONTRACTOR: By: Name: Title: Date WELD COUNTY: ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Board APPROVED AS TO FUNDING: Controller APPROVED AS TO FORM: County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Director of General Services Nil) No. B1600150 Page 42 PERFORMANCE BOND 2016 CONCRETE MAINTENANCE AND REPAIR CONTRACT KNOW ALL MEN BY THE PRESENTS; that (Name of Contractor) (Address of Contractor) , hereinafter called Contractor, and a (Corporation, Partnership, or Individual) (Name of Surety) (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) P.O. Box 758, 1111 H Street, Greeley. Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of Dollars, ($ ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of attached and made a part hereof for the construction of: , 2016, a copy of which is hereto 2016 CONCRETE MAINTENANCE AND REPAIR CONTACT described in the Invitation for Bids, Bid No. B1600150 NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. BID No. 81600150 Page 43 PERFORMANCE BOND 2016 CONCRETE MAINTENANCE AND REPAIR CONTRACT 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. BID No. B1600150 Page 44 LABOR & MATERIALS PAYMENT BOND 2016 CONCRETE MAINTENANCE AND REPAIR CONTRACT KNOW ALL MEN BY THE PRESENTS; that (Name of Contractor) (Address of Contractor) , hereinafter called Contractor, and a (Corporation, Partnership, or Individual) (Name of Surety) (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County. Colorado (Name of Owner) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Address of Owner) Hereinafter called Owner, in the penal sum of Dollars, ($ ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of a copy of which is hereto attached and made a part hereof for the construction of: , 2016, 2016 Concrete Maintenance and Repair Contract described in the Invitation for Bids, Bid No. 61600150. NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void,, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. BID No. BI600150 Page 45 LABOR & MATERIALS PAYMENT BOND 2016 CONCRETE MAINTENANCE AND REPAIR CONTRACT 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. BID No. B1600150 Page 46 NOTICE TO PROCEED 2016 CONCRETE MAINTENANCE AND REPAIR CONTRACT To: Date: Name of Project: 2016 CONCRETE MAINTENANCE AND REPAIR CONTRACT described in the Invitation for Bids, Bid No. B1600150. 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 Josh Holbrook, Construction Inspection Supervisor. ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: (Contractor) Dated this day of , 2016. By Title BID No. 81600150 Page 47 CHANGE ORDER NO. (EXAMPLE) 2016 CONCRETE MAINTENANCE AND REPAIR CONTRACT Date: Project: Concrete Maintenance and Repair Contract described in the Bid No. B1600150. 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: Mike Freeman (Chair) Inspector: Date: APPROVALS: Contractor: Date: Owner: Date: BID No. B1600150 Page 48 CERTIFICATE OF SUBSTANTIAL COMPLETION 2016 CONCRETE MAINTENANCE AND REPAIR CONTRACT Owner's Project No: B1600150 Engineer's Project No: NA Project: 2016 CONCRETE MAINTENANCE AND REPAIR described in the Bid No. B1600150 Contractor: Contract For: 2016 CONCRETE MAINTENANCE AND REPAIR 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 Inspector, 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 30 days of the above date of Substantial Completion. To be effective, this form must be signed by the Owner, the Inspector, and the Contractor. Owner: Date: inspector: Date: Contractor: Date: BID No. B1600150 Page 49 LIEN WAIVER (GENERAL CONTRACTOR) 2016 CONCRETE MAINTENANCE AND REPAIR TO: Weld County Public Works Attn: Josh Holbrook, Construction Inspection Supervisor. 1111 H Street P.O. Box 758 Greeley, Colorado 80632 (970) 304-6496 ext. 3734 Gentlemen: Fora 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: 2016 CONCRETE MAINTENANCE AND REPAIR described in the Bid No. B1600150 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 BID No. B1600150 Page 50 FINAL LIEN WAIVER (SUBCONTRACTORS) 2016 CONCRETE MAINTENANCE AND REPAIR CONTRACT To All Whom It may Concern: WHEREAS, the undersigned has been employed by (A) to furnish labor and materials for (B) work, under a contract (C) for the improvement of the premises described as (D) County of , State of of which is the Owner. NOW, THEREFORE, this day of , 2016, for and in consideration of the sum of (E) Dollars paid simultaneously herewith, the receipt whereof is hereby acknowledged by the undersigned, the undersigned does hereby waive and release any lien rights to, or claim of lien with respect to and on said above described premises, and the improvements thereon, and on the monies or other considerations due or to become due from the Owner, on account of labor, services, material, fixtures, apparatus or machinery heretofore or which may hereafter be furnished by the undersigned to or for the above described premises by virtue of said contract. (Affix Corporate seal here) INSTRUCTIONS FOR FINAL WAIVER (F) (SEAL) (Name of sole ownership, corporation or partnership) Title: (Signature of Authorized Representative) (SEAL) (A) Person or firm with whom you agreed to furnish either labor, or services, or materials, or both. (B) Fill in nature and extent of work; strike the word labor or the word materials if not in your contract. (C) If you have more than one contract on the same premises, describe the contract by number if available, date and extent of work. (D) Furnish an accurate enough description of the improvement and location of the premises so that it can be distinguished from any other property. (E) Amount shown should be the amount actually received and equal to total amount of contract as adjusted. (F) If waiver is for a corporation, corporate name should be used, corporate seal affixed and title of officer signing waiver should be set forth; if waiver is for a partnership, the partnership name should be used, partner should sign and designate himself as partner. BID No. B1600150 page SI NOTICE OF ACCEPTANCE 2016 CONCRETE MAINTENANCE AND REPAIR CONTRACT TO: Date: RE: 2016 CONCRETE MAINTENANCE AND REPAIR described in the Bid No. 81600150. 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: Josh Holbrook, Contraction Inspection Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: (Contractor) Dated this day of , 2016. By Title BID No. B1600150 Page 52 SPECIAL PROVISIONS WELD COUNTY PUBLIC WORKS DEPARTMENT 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 INDEX Page Index Pages Notice to Bidders Commencement and Completion of Work Revision of Section 101, Definitions and Terms Revision of Section 105, Claims for Contract Adjustment Revision of Section 105, Inspection and Testing of Work Revision of Section 105, Maintenance During Construction Revision of Section 107, Legal Relations and Responsibility to Public Revision of Section 107, Protection and Restoration of Property & Landscape Revision of Section 108, Prosecution and Progress Revision of Section 109, Measurement and Payment Revision of Section 202, Removal of Structures and Obstructions Revision of Section 608 & 609, Sidewalks, Curb & Gutter, Drive, Approaches, Aprons, Crosspans, and Concrete Pavement Revision of Section 630, Traffic Control Force Account Items Revision of Section 108.07 Liquidated Damages Revision of Section 108.01 Subletting of Contract Appendix 53 54 55 56 57 58 59 60 61-62 63 64 65 66-67 67-73 74-75 76 77 78 BID No. B1600150 Page 53 NOTICE TO BIDDERS The proposal guaranty shall be a certified check, cashier's check, or bid bond in the amount of 5 percent of the Contractor's total bid. Pursuant to subsections 102.04 and 102.05, it is recommended that bidders on this project review the work site and plan details. Information regarding the project may be obtained from the following authorized representative. Josh Holbrook, Construction Supervisor Weld County Public Works Department 1111 H Street Office Phone: 970-304-6496, ext. 3734 The above referenced individuals are the only representatives with authority to provide any information, clarification, or interpretation regarding the plans, specifications, and any other contract documents or requirements. BID No. B1600150 page 54 COMMENCEMENT AND COMPLETION OF WORK The Contractor shall commence work under the Contract within 10 days after the date of the "Notice to Proceed" letter and will complete all work within 25 calendar days unless the period for completion is extended otherwise by the Contract Documents. A contractor that shuts down operations and moves off the project before it is complete will be assessed two days of contract time for every day absent from the job. If construction continues beyond the Contract time period , the Contractor will be assessed liquidated damages as stated hereafter. BID No. B 1600150 Page 55 REVISION OF SECTION 101 DEFINITION OF TERMS Technical Specifications related to construction materials and methods for the work embraced 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 Public Works Department. Subsection 101.29: Subsection 101.37: Subsection 101.58: Subsection 101.76: "Chief Engineer" shall mean the Weld County Public Works Director or designated representative. "Inspector" shall mean an employee designated as such by the Weld County Public Works Department. "Region Transportation Director" shall mean Weld County Public Works Director or designated representative. "State" shall mean Weld County. BID No. B1600150 Page $6 REVISION OF SECTION 105 CLAIMS FOR CONTRACT ADJUSTMENT Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.22 shall be revised as follows: The Colorado Department of Transportation will not participate in the resolution process for any claims filed by the Contractor. Contract claims will follow the appropriate procedures of Subsection 105.22 except that all claim reviews will be handled by Weld County or its duly authorized representative. The following terms of this subsection shall be defined as follows: Project Inspector shall be Weld County Public Works. District Engineer shall mean the Weld County Public Works Department or it's duly authorized representative. Chief Engineer shall mean the Weld County Public Works Department or it's duly authorized representative. For this project the Weld County Duly Authorized Representatives are: Project Manager: Josh Holbrook Project Inspector: Project Inspector: BID No. B1600150 Page 57 REVISION OF SECTION 105 INSPECTION AND TESTING OF WORK Section 105 of the Standard Specifications is hereby revised as follows: Subsection 105.16 shall include the following: The Contractor shall keep the Inspector or assignee informed of his future construction operations to facilitate scheduling of required inspection, measuring for pay quantities, and sampling and testing. The Contractor shall notify the Inspector a minimum of 24 hours in advance of starting any construction operation that will require inspection, measuring for pay quantities, or sampling. Failure of the Contractor to provide such notice will relieve the owner and the Inspector from any responsibility for additional costs or delays caused by such failure. Inspection of the work or materials shall not relieve the Contractor of any of his obligations to fulfill his contract as prescribed. Work and materials not meeting specifications shall be corrected and unsuitable work or materials may be rejected, notwithstanding that such work or materials have been previously inspected by the Inspector or that payment therefore has been included in the progress estimate. BID No. B16001S0 Page 58 REVISION OF SECTION 105 MAINTENANCE DURING CONSTRUCTION Section 105 of the Standard Specifications is hereby revised as follows: Subsection 105.19 shall include the following: The roadway area, including curb, gutter, and sidewalk, adjacent to and through the construction area shall be cleaned of debris by the Contractor at the earliest opportunity, but in no case shall the area be left uncleaned after the completion of the day's work. It shall be the Contractor's responsibility to provide the necessary manpower and equipment to satisfactorily clean the roadway area. The Contractor shall utilize a combination of pick-up brooms, side brooms and/or other equipment as needed to clean the streets. All sweeping and clean up equipment shall be approved by the Inspector prior to the commencement of work. The Contractor shall maintain the streets during the construction process as prescribed above. All cost of maintaining the work during construction and before the project is accepted will not be paid for separately, but shall be included in the work. BID No. 81600150 Paw, 5'1 REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC Section 107 of the Standard Specifications is hereby revised for the project as follows: Subsection 107.06 shall be revised to include the following: The Contractor and any subcontractor shall not require any laborer or mechanic employed in performance of the Contract to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety, as determined under construction safety and health standards (Rules and Regulations of the Federal Occupational Safety and Health Act of 1970 (OSHA) and as amended). All facilities and work conditions shall comply with the Colorado and Local Health Department Regulations and with OSHA requirements. 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 buy not restricted to acts of God, such as flood, earthquake, tornado, or other cataclysmic phenomenon or nature shall be restored by the Contractor at no cost to the County. Subsection 107.25 — The Contractors attention is directed to this subsection. The requirements as called out in this subsection will be strictly enforced. Weld County has submitted an application to the State of Colorado for a General Permit for Stormwater Discharges Associated with Construction Activities. The Contractor shall be responsible for complying with the applicable requirements of this permit. The County Inspector shall serve as the Erosion Control Supervisor (ECS) for this project. BID No. B1600150 Page 60 REVISION OF SECTION 107 PROTECTION AND RESTORATION OF PROPERY AND LANDSCAPE Section 107 of the Standard Specifications is hereby revised as follows: Subsection 107.12 shall include the following: The fact that any underground facility - sprinkler systems, utility services, etc. - is not shown on the plans, details or construction documents shall not relieve the Contractor of his responsibilities as provided for in the Contract. It shall be the Contractor's responsibility, pursuant thereto, to ascertain the location of such underground improvements which may be subject to such damage by reason of his operations. Any pruning of vegetation shall require the written permission of the property owner and/or the Inspector. If the area to be repaired is five (5) inches or less in width, the Contractor shall clean the area of all debris (i.e. concrete, road base, etc.) to a minimum depth of four (4) inches, prepare all edges to be clean and vertical, and place (see below) and compact topsoil. The topsoil shall be compacted utilizing a hand operated roller or other method approved by the Inspector. For concrete repair locations, the placement of topsoil (backfill) shall be completed after seven (7) calendar days of the placement of the concrete or when the concrete meets the minimum compressive strength. The topsoil shall consist of loose friable loam reasonably free of admixtures of subsoil, refuse, stumps, roots, rocks, brush, weeds, heavy clay, hard clods, toxic substances or other material which would be detrimental to the proper development of vegetative growth. The material to be utilized shall be approved by the Inspector prior to placement. The topsoil shall be in a relatively dry state and placed during dry weather. The topsoil shall be fine graded to eliminate rough and low areas and ensure positive drainage. The existing levels, profiles and contours shall be maintained. If any portion of the area to be repaired is greater than five (5) inches in width, the Contractor shall clean and prepare the area along the entire length of the repair location as stated above to a minimum of one (1) foot, place sod over the entire area, water once, and notify the property owner in writing of the nature of the work that has taken place and that the sod will be watered only once. If the area to be repaired is only damaged on the surface, the Contractor shall remove the damaged areas of sod to a depth that will allow new sod to be placed, place new sod, water once and notify the property owner in writing of the nature of the work that has taken place and the fact that the sod will be watered only once. The minimum overall width of the area to be sodded shall be one (1) foot. For concrete repair locations, the placement of sod shall be completed after seven (7) calendar days of the placement of the concrete or when the concrete meets the minimum compressive strength. BID No. B1600150 Page 6I Sprinkler systems - Sprinkler systems designated for relocation shall be capped off at the limits of construction and protected from damage by the contractor. Sprinkler heads shall be salvaged and stockpiled on each property for use when reconstructing the sprinkler systems. Sprinkler systems damaged outside of the construction limits as a result of construction operations shall be replaced at the Contractor's expense, within three (3) working days from the date of damage. In areas where the Inspector directs new work or the reconstruction areas require grade adjustment, the placement of topsoil, sod and sprinkler relocation will be provided by the County under separate contract. All landscaping that is damaged due to construction operations shall be replaced by the Contractor at his expense unless a written waiver is obtained from the property owner and submitted to the Inspector. Re -sodded lawns shall be watered once by the Contractor. All costs for protecting and restoring landscaping and lawns shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work, and no measurement or payment shall be made separately for the protection and restoration of landscaping and lawns. All restoration of landscaping and lawns damaged by construction operations, other than concrete repair, shall take place within three (3) working days from the date of damage. In areas where the Inspector directs new work or the reconstruction areas require grade adjustment, the placement of topsoil, sod, and sprinkler relocation will be provided by the County under separate contract. All labor, materials, tools, equipment, incidentals, and work involved in protecting or repairing underground facilities shall be considered incidental to the work being done and shall not be measured and paid for separately. BID No. B1600150 Page 62 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.01 Delete the second paragraph beginning with "The Contractor will be BID No. B1600150 Page 63 REVISION OF SECTION 109 MEASUREMENT AND PAYMENT Section 109 of the Standard Specifications is hereby revised for the project as follows: Subsection 109.06 — partial payments, paragraph (a), (Standard Amount Retained). Delete the second sentence beginning with "The amount retained.....", and replace with the following: The amount retained will be 10% of the value of the completed work, to a maximum of 5% of the original contract amount. Subsection 109.07 — Payment for Materials on Hand (Stockpiled Material). Delete and replace with the following: Partial monthly payments to the Contractor for completed work will include payment only for materials actually incorporated in the work unless otherwise approved by the Inspector. BID No. B1600150 Page 64 REVISION OF SECTION 202 REMOVAL of STRUCTURES and OBSTRUCTIONS Section 202 of the Standard Specifications is hereby revised for the project as follows: Subsection 202.01, add the following: This work consists of sawing and cutting to facilitate controlled breaking, removal and disposal of concrete and asphalt to a neat line. (Typically 90°), as shown on the plans or at locations directed by the Inspector. The costs associated with loading, hauling, and dumping the asphalt shall be considered subsidiary to the asphalt removal bid items. Patching of HMA will be completed by Weld County Public Works. Subsection 202.11 is revised to include the following: Sawcutting related to the items described in Revision of Section 608, Sidewalks, Curb & Gutter, Drive Approaches, Aprons, Crosspans, and Concrete Pavement, shall be considered a subsidiary obligation of the Contractor, and shall not be measured or paid for separately. BID No. B1600150 Page 65 REVISION OF SECTIONS 608 AND 609 SIDEWALKS, CURB & GUTTER, DRIVE APPROACHES, APRONS, CROSSPANS, CONCRETE PAVEMENT AND CHASE DRAIN Sections 608 and 609 of the Standard Specifications are to be deleted and replaced with the following. Monolithic hybrids of curb, gutter, sidewalk and high back vertical curb and gutter will be replaced using the same configuration as it was originally installed, unless a flaw in its engineering should become apparent. In these cases the design may be modified by the Inspector. The finished exposed surface and edging of the concrete will match as closely as possible the surface treatment of the surrounding existing concrete. The mix designs for all types of concrete to be utilized shall be determined by the Contractor and submitted to the Inspector and approved a minimum of one week prior to the beginning of construction. The contractor shall use `Class D concrete 4500 PSI or Equivalent as per Standard Specifications Section 601.02, for Road and Bridge Construction 20011." The cross pans in Sonny View Estates shall be constructed in two stages to allow traffic to access cross streets and cul-de-sacs within the subdivision. The contractor shall use a 24 hour mix (70% strength) for the cross pan's to achieve early strength in order to open up the road to traffic. Chase Drain - This bid items shall conform to Standard Detail on page 86. This bid item is for providing all labor and materials which results in a competed sidewalk chase drain (Everything between the expansion joints). Calcium Chloride shall not be utilized as an accelerating agent. The Contractor shall furnish a load slip. In addition, the type of concrete (mix code) shall be shown on each load slip. Concrete delivered without a load slip containing complete information as specified will be subject to rejection. Restoration of landscape shall be in accordance with "Revision of Section 107 - Protection and Restoration of Property and Landscape" found herein. The time frame for restoration shall be within seven (7) calendar days from the time the concrete was placed or when the concrete meets its required compressive strength for backfill with topsoil for sod replacement. The Contractor shall be responsible for the protection of the sub-grade/base course until the concrete is placed. The Contractor shall protect the concrete against moisture loss, rapid temperature change, rain, flowing water, mechanical injury, pedestrian and vehicular traffic, and Contractor's equipment for a minimum of 36 hours after the placement of curing compound for 48 hours high early concrete and when the concrete meets its required compressive strength. Concrete blankets shall be used when the temperature is expected to fall to 34°F or below within 36 hours after placement of curing compound for 48 hour high early concrete. Asphalt patching against fresh concrete shall not be permitted during the time frames for protection of concrete stated above. All weather days shall be determined through the NOAA web site at www.NOAA.gov. The debris immediately adjacent to a concrete repair location shall be completely cleaned up on the work day following the placement of the concrete. If required, the concrete shall be protected as BID No. B1600150 Page 66 stated above. Any damage caused during the cleanup process shalt be the Contractor's responsibility. All placed Curb & Gutter and Valley Pans shall have positive drainage, no bird baths will be allowed. The Contractor shall provide Weld County Engineering with an As -built drawing of the Curb & Gutter and Valley Pan flow line elevations to ensure compliance of proposed finished grade elevations. REVISION OF SECTION 630 TRAFFIC CONTROL Section 614 of the Standard Specifications is hereby revised as follows: Subsection 614.15 shall be revised as follows: This work shall consist of furnishing, installing, moving maintaining and removing temporary traffic signs, advance warning arrows panels, barricades, channelizing devices, and delineators as required by the latest revision of the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD). When a device is not in use, the Contractor shall remove it from the project for the period it is not needed. Devices temporarily not in use shall, as a minimum, be removed from the area. Moving will include devices removed from the project and later returned to use. Payment shall be lump sum. Traffic control devices shall be placed and/or stored in the County right-of-way in such a manner that minimizes the hazards to pedestrians, bicyclists and vehicles. Traffic control devices shall be removed from the site immediately upon completion of the work for any street(s). Subsection 614.16 shall include the following: All traffic control devices placed for this project must meet or exceed the minimum standards set forth in the MUTCD. All traffic control devices shall be clean and in good operating condition when delivered and shall be maintained in that manner on a daily basis. Ail traffic control devices shall be clearly marked and free of crossed out information or any other form of defacement that detracts from the purpose for which they are intended (i.e. crossed out information, information written in long -hand style, etc.) Additionally, any sign blank with sign faces on both sides must have the back sign face covered when in use to avoid confusion to motorists traveling in the opposite direction and other potentially affected parties, such as residents affected by any information the sign may present. Subsection 614.20 shall be revised as follows: Traffic control through the construction areas is the responsibility of the Contractor. For all locations, a Traffic Control Plan shall be prepared. The Traffic Control Plans shall be submitted for approval to the Inspector by 8:00 a.m., two working days prior to the commencement of work. (Note: Traffic Control Plans for work done on Monday and Tuesday shall be submitted the previous Friday by 8:00 a.m.) Full road closure is prohibited. All plans shall be delivered to the Weld BID No. B1600150 Page 67 County Public Works Engineering Department, 1111 H Street, Greeley Colorado, 80632. Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Traffic Control Plan has been approved. Failure to have an approved Traffic Control Plan shall constitute cause for the County to stop work, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. The Traffic Control Plan shall include the following a detailed diagram which shows the location of all sign placements. Parking Restriction Plans shall be submitted and approved which show the location and quantity of "NO PARKING" signs, the date to be placed, and the date to be removed. The Parking Restriction Plans shall be submitted to the Inspector by 8:00 a.m., two working days prior to the commencement of work. (Note: Parking Restriction Plans for work done on Monday and Tuesday shall be submitted the previous Friday by 8:00 a.m.) All plans shall be delivered to the Weld County Public Works Engineering Department, 1111 H Street, Greeley Colorado, 80632. Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Parking Restriction Plan has been approved. Failure to have an approved Parking Restriction Plan shall constitute cause for the County to stop work, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. Notification of residents and businesses shall be the responsibility of the TCS and shall consist of distributing letters indicating the nature of the work to be completed, any special instructions to the residents (i.e. limits on lawn watering during concrete pouring, etc.), the dates and times of the work, and the parking and access restrictions that will apply, as well as thorough information placed on "NO PARKING" signs. Sample letters will be provided by the Inspector and shall be distributed prior to the commencement of each phase of the work. Letters shall be submitted with the Traffic Control Plans for approval. Approved letters shall be distributed a minimum of 48 hours prior to the commencement of work. (Note: The time frame criteria for distributing letters are the same as for posting "NO PARKING" signs.) The cost for preparing and distributing the letters shall be included in the lump sum cost for traffic control. Traffic control management shall be maintained on a 24 hour per day basis. The Contractor shall make arrangements so that the Traffic Control Supervisor or their approved representative will be available on every working day, "on call" at all times and available upon the Inspector's request at other than normal working hours. All costs associated with "on call" service, excluding actual hours worked, shall be included in the contract unit price for Traffic Control. All traffic control devices shall be placed under the supervision of a Traffic Control Supervisor. The Traffic Control Supervisor shall have up to date copies of the Part VI of the MUTCD, pertaining to traffic controls for street and highway construction, available at all times. Subsection 614.23 shall be revised as follows: "NO PARKING" Sign with stand will not be measured and paid for separately and not included in the item for Traffic Control. "NO PARKING" Sign with Stand shall consist of a metal sign attached to a device (stand) such as a Vertical Panel or Type I Barricade. The sign material and stand shall be approved by the Inspector. The sign material and stand will not be measured and paid for separately but shall be included in the Contract Unit Price for "NO PARKING" Sign with Stand. The cost for "NO PARKING" Sign with Stand and Side Walk Closed signs will be paid on a lump sum basis and shall include delivery, rental, setup, modification, maintenance, and pickup. "NO PARKING" and "SIDE WALK CLOSED" signs must remain in place until the sidewalk is open to traffic. The "NO PARKING" signs shall be in effect for one or two days only. Traffic channelizing devices consisting of vertical panel, cones, or drum channelizing devices will be paid by the lump sum bid. This includes barricade warning lights and advance warning flashing or sequencing arrow panels. mu No, B16001S0 Page 68 The cost for setting up equipment, modifying equipment, maintaining equipment, and picking up equipment (not including "NO PARKING" Sign with Stand) during authorized days shall be included in the Contract Unit Price for Traffic Control. The cost for Traffic Control Devices, not including "NO PARKING" Sign with Stand, shall include delivery, rental, and pickup. The cost for setting up equipment, modifying equipment, and maintaining equipment will be paid for under the Contract Unit Price for TCS as described above. The cost for "NO PARKING" Sign with Stand shall include delivery, rental, setup, modification, maintenance, and pickup. Payment shall be full compensation for furnishing, erecting, maintaining, moving, removing and disposing of construction traffic control devices necessary to complete the work. All construction traffic control devices which are not permanently incorporated into the project will remain the property of the Contractor. The flaggers shall be provided with electronic communication devices when required. These devices will not be measured and paid for separately, but shall be included in the work. Sand bags will not be measured and paid for separately, but shall be included in the work. The County shall not be responsible for any losses or damage due to theft or vandalism. Section 630 of the Standard Specifications is hereby revised for this project as follows: The Contractor shall install, move and maintain signs that shall be in compliance with the Manual on Uniform Traffic Control Devices. The Contractor shall also provide certified flaggers for the possible need to control local traffic during construction. See signing diagram. It shall be the Contractor's responsibility to clear parking from the streets when such parking will interfere with the work. Prior to work that requires the street(s) to be closed to parking and/or traffic, the street(s) shall be posted for "NO PARKING". The placement of these signs shall take place at least 24 hours prior to the commencement of work and shall clearly show the type of work, and the day, date and times that the message on the sign is in effect. (For example, if a street is to be patched on Wednesday, July 2, the street shall be posted no later than Tuesday, July 1, by 7:00 a.m. with a sign that reads similar to "NO PARKING.) See sample "NO PARKING" sign. "NO PARKING" signs shall remain in place until the street is opened to traffic and all clean up operations completed. All information on the "NO PARKING" signs, with the exception of the date, shall be in block letters permanently affixed to the sign. Any information added to a sign, such as dates, shall be clearly legible and written in block style letters. The "NO PARKING" signs shall be in effect for four days. Any work done by the Contractor without traffic control will not be paid for under the terms of this Contract. The Contractor will not be paid for traffic control costs incurred during Contractor caused delays. At or near the end of each work day, a representative of the Contractor, the Traffic Control Supervisor, and the Inspector will meet to discuss the progress of the work and the placement of traffic control devices including "NO PARKING" signs. Any necessary adjustments shall be made. The Contractor shall also review at this time with the Inspector the proposed means of handling parking and traffic control for upcoming work. It is the responsibility of the Contractor to minimize any inconvenience to the public as a result of this work. The Contractor shall maintain access at all times to all businesses within the project. BID No. B16001S0 Page 69 Any changes in the traffic control, including additional signs, barricades, and/or flaggers needed in the field shall be immediately implemented as directed by the Inspector. Subsection 630.16 - Basis of Payment is Traffic Control shall be paid for in lump sum. Required signage, Panels, Advance Warning, Cones, Barrier, Channelization Barrels, lights Traffic Control Supervisor, Traffic Control Inspections and Flaggers where and as needed will not be paid for separately but be inclusive for the Traffic Control Item. BID No. B1600150 Page 70 7r NO PARKING J RID No. B1600150 l',igc 71 52G1. R52 -V P20-7 rtoa P4244 .7dti •A •j1 / •C, yq„ 10'IUl KO MI - 179-7 R52ev Dora amumem 610 -No CAS. NO, 19 TYPICAL APPLICATION OF TRAFFIC CONTROL AROUND A WORK AREA NEAR AN INTERSECTION c2o� P2ani1 .pa rair XX R2Pi Y'1(` •1 a smenwhag T161 7Att:R MUST RE SICK SWAN N MIT TICR 6QSTASL'i FVIi A ' ICiIi151Wr. b. L CASE N0. 17 TYPICAL. APPLICATION LANE CLOSURE. 2 -LANE HIGHWAY, AT CURVE A wor flpic i62 -6b 620—.0 37640 • R2 MY; LEGEND ■ CHAAN+EUEEC DEVICE: FER TYPE OF DEVICE TO PE USED SEE SCHEDULE CF TRAFFIC CXNTRI;L DEVICES INCLUDED IN 11E PLMS. WINS QR VERTICAL PANELS SHALL BE USED TD DELINEATE THE LANE CLOSURE TAPER. TYPE III BARRICADE CONCRETE BARRIER ITEIAPWAR [ .--• FLAGCER DIRECTION OF TRAVEL WERK AREA L IRATS1TI R4 TAM LE - L = NINNU*AI LENGTH CF TAPER SPEED 45 NCH DR WIFE:L = S x W SPEED 40 LOH ER LESS: L = S = NUNEAICAL VALLE OF SPEED LIMIT OR 55 PERCENTILE SPEED W = WIDTH Ef OFFSET 51-UU.EER TAPER = 113 L C2 r TRUCK VUUtITED ATTENUATOR INA) CLEAR ZD1'E (SEE GENERA. NOTE 16). FLA:FIING BEACON Tl-ESE DEVICES ARE OFTRI NAL TEEM ICED SHALL OE DETERY]NED RY DETOUR DESIGN ANO/DP SCOPE OF CDNSTRUCTIDN ACTIVITY AND ME PEWERED ILFIEIN 1}EY ,NINE JNCI LUED [N TEE SCHEDLLE OF Ct17 STRUXTIEN CCt'ITR0L DEVICES. VARIES DUFFER SPACE (SEE GENERAL NI3TE 21 ii SHEET C. • REWIRED WHEN WORK OCCUPIES TEE LOCATICP4 FLIP MOPE THAN 3 DAYS. * SEE FINES DDUFLE SIGNING NOTES CFa SHEET 12. • G20 —U S[GN IS RECIUIRD WIEN SECTION P28 'PUBLIC UFDRIALION SERVICES' FRILECT SPECIAL PPTIV]`SITNN WEPKTiHEET SPECIFICATIEA1 IS Rea IflED WITH FRO,ECT. BID No. B1600150 Page 73 FORCE ACCOUNT ITEMS This special provision contains the Owner's estimate for force account items included in the Contract. Such estimated amounts will be added to the total bid to determine the amount of the performance and payment bonds. Force account work shall be performed as directed by the Inspector. BID No. B1600150 Page 74 FORCE ACCOUNT ITEMS DESCRIPTION This special provision contains the Department's estimate for force account items included in the Contract. The estimated amounts marked with an asterisk will be added to the total bid to determine the amount of the performance and payment bonds. Force Account work shall be performed as directed by the Inspector. BASIS OF PAYMENT Payment will be made in accordance with subsection 109.04. Payment will constitute full compensation for all work necessary to complete the item. Force Account Item F/A Minor Contract Revisions Estimated Quantity Amount F/A $2,500 F/A Minor Contract Revisions — This work consists of minor work authorized and approved by the Inspector, which is not included in the contract drawings or specifications, does not already have an existing unit price bid item, and is necessary to accomplish the scope of work for this contract. BID No. B1600 LSO Page 75 REVISION OF SECTION 108 LIQUIDATED DAMAGES Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.08 delete the first paragraph and replace with the following: 108.08 Failure to Complete Work on Time. A daily charge will be made against the Contractor for each calendar day, including free time that any work remains uncompleted after the elapse of contract time. This daily charge will be deducted from any money due the Contractor. This deduction will not be considered a penalty, but as liquidated damages. In subsection 108.07 delete the schedule of liquidated damages and replace with the following: Original Contract Amount ($) Liquidated Damages per Calendar Day ($) From More Than To And Including 0 100,000 186 100,000 250,000 321 250,000 500,000 450 500,000 1,000,000 913 1,000,000 2,000,000 1,259 2,000,000 4,000,000 1,514 4,000,000 10,000,000 1,984 10,000,000 1,984 plus 217 Per Each Additional 1,000,000 Contract Amount or Part Thereof Over 10,000,000 BID No. B1600150 Page 76 REVISION OF SECTION 108 SUBLETTING OF CONTRACT Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.01, second paragraph, delete the first sentence and replace with the following: The Contractor will be permitted to sublet a portion of the Contract, however, the Contractor's organization shall perform work amounting to 30 percent or more of the total contract cost. BID No. B1600150 Page 77 APPENDIX Item Page No. Sonny View Estates 79-80 WCR 5.5 Chase Drain 81 Vista Commercial Center 82-83 Concrete Details (CDOT M&S Standards July 2012) 84-89 BID No. B1600150 Page 78 PROJECT LOCATION MAPS Adjacent to Elms at Meadow Vale WCR 5.5 south of WCR 26 Chase Drain at WCR 5.5 South of 26 BID No. B1.600150 Page 81 PROJECT LOCATION MAPS Vista Commercial Center SH 119 / WCR 3.5 13 stones Contractor/Inspector Field verily prom to removal and Replacement BID No. B1600150 Page 82 Vista Commercial Center (Continued) SH 119 / WCR 3.5 EXAMPLE - Vista Commercial BID No. B1600150 Page 83 Standard Detail Cross Pan DESIGNED PAdEMEN' SECTION (i'rP.) SLOPE 1/4' PER F7 •• 4' 1 /e R. (Tw) COMPACTED SUByRADE SECTION VIEW I L, - NOTES: 1. MINIMUM OF 0.676 LONGITUDINAL SLOPE FOR CROSS PANS. 2. MAXIMUM SPACING OF CONTRACTION JOINTS - TEN (10) FEET. 3. DOWELING MAY BE REQUIRED AT CERTAIN COLD JOINTS AT THE COUNTY'S DIRECTION, BASED ON SPECIAL SU9GRADE CIRCUMSTANCES. 4, CONCRETE SURFACES TO RECEIVE A LIGHT BROOM FINISH. BID No. B1600150 Page 84 Standard Detail Contraction and Expansion Joints OUTDOOR INCUST1' AL RATED SIUCON CHAIJfNO OR APPROVED EQUAL (2)_, r— .!''.N '4A ;IAL FUJ—I MT4 SiCE\ Jt /2" PREMOLDEO NON —EXTRUDING cY,PANSION MATERIAL TO MEET AASH'a SPEC. M.--39. EXTEND Fi:U_ ^Fi,'N OF 'CNCRETE EXPANSION JOINT NOTES FOR EXPANSION .OINTS: EXPANSICN JOINTS REQUIRED AT 400 FOOT MAXIMUM SPACING. ADDITIONAL JOINTS MAY BE REQUIRED AT THE DISCRETION OF THE ENGINEER. 2. SAND BLAST AND PRIME AS PER MANUFACTURER'S SPECIFICATIONS. I /+' P, (rt. ) s .. [GPOOVE JOIY t r_I /4' MAX. r l /3 t CONTRACTION JOINT NOTES FOR CONTRACTION JOINTS: I. FORM 'MTh TOOL TEMPLATE OR SAWCUT JOINTS. 2. SAWCUT JOINTS. IF USEC. SHAII AFGIN AS SOON AS CONCRETE IS HARDENED SUFFTCIEN 1Y TO PERMIT SAWING WITHOUT EXCESSIVE RAVFUNG AND BEFORE UNCONTROLLED CRACOINC OCCURS. 3 MAXIMUM DISTANCE HETNEEN JOINTS IS TEN (10} FEET AND MINIMUM DISTANCE IS FIVE (5) FEET. BID No. B16O015O Page 85 Standard Detail Sidewalk Chase Drain +1 A h.'.tl r: 7.ir:r PLAN VIEW ?A=K 77 SOF: NAL'•. SLOPE CHANNEL 2% OtRFCCT'CN OG 'h8 0W. I • •SECTION A -A 11 • Sicewalk Chase SECTION B -B ;1" VIN BID No. B1600150 Page 86 Standard Detail Concrete Sidewalk (Width 5') SEE PLANS FOR WIDTH -r-- 2X MAXIMUM SLOPE 5' A SEE GEN. NOTES 3 s aa. 4I S A TOOLED JOINT IS REQUIRED WHETHER SEER & PLANSFOR GUTTER THE CURB AND SIDEWALK ARE PORED SE CURE SEPARATELY OR MONOLITHICALLY. CONCRETE SIDEWALK Curb and Gutter Type 2 (Section IB) CURB AND GUTTER TYPE 2 (SECTION ID) (6 IN. BARRIER - 1 FT. GUTTER) is BID NO B1600150 Page 87 2 :N, DEPTH WHEN USED AS A Standard Detail Gutter Type 2 W = 2' VARIABLE (SEE PLANS) 42a SLOPE I" /FT. MAX, ROPE 1"/F T. MAX. CROSSPAN IN AN INTERSECTION GUTTER TYPE 2 BID NO B1600 LSO Page 88 Standard Detail GENERAL NOTES 1, ON ROADWAY CURVES WITH A RADIUS OF 1,900 FT. OR LESS, 0..Res AND GUTTERS ARE TD BE FtACED ON THE ARC OF THE CURVE, tALESS OThERWISE NOTED CH THE PLANS. A WAx]NIJE4 d-IORD LENGTH Dr to FT. MAY Et usED WIJEN TW WIVE RADIUS IS GREATER THAN 00C} FT_ 2. CONCRETE SHALL BE CUSS B, 3. PROFILE GRADE OF CURBS AM) GUTTERS SHALL BE LOCATED AT THE FLOW LIKE. 4. CURB TYPE 4 (KEY -WAY) MAY BE USED IN LIEU OF CURB AND MUTTER TYPE 2 (SECTIONS 1B MD Dvi) IDLESS DTHERW(SE SPECIFIED IN THE PLANS. 5. GUTTER CROSS SLOPES WAY BE AD JS'ED TO FACILITATE DRAINAGE FOR PRIFILE GRADES AS SHOW ON THE PLANS. 6, THICKNESS OF CURB MO GUTTER SECTION SHALL MATCH CONCRETE PAVEMENT c HIC#(NESS IF SOWN ON THE PLANS, CURB AND StiTTER SHALL BE CLASS P CONCRETE IF PLACED M LITHICALL Y WITH CCNCRETE PAVEMENT. 7. INCREASE $IDEWkx THICKNESS TO 6 IN. AT LOCATIONS SHOWN ON THE bows. A. LAIN ILIW SIDEWALK WIDTH ES 4 FT. A MANSION JNTS SHALL BE INSTALLED WHEN ABUT1INC EXISTING CONCRETE CR FIND STRUCTURE. EXPANSION JOINT MATERIAL SHALL BE t IN. 'HICK N4 SHALL EXTENT] TFE FULL DEPTH OF CONTACT SURFACE. GUTTER CROSS SLOPES SHALL BE 1/2 IN./FT. WHEN MINING AWAY FROW CURS AND 'Pun. WIEN DRANK TOWARD CURB. • WHEN TIE BARS ARE REQUIRED THE GUTTER TH ICPESS SHALL BE DCREASED TO THE PAVEMENT THICKNESS (T), BARS SHALL BE EPDXY-CCATED #4 CCPEOR LNG TO AASHTO 11 2B4 AND SPACED AT 3 FT. INTERVALS. TI-EY SHALL BE TNSFRTED T,2 NM 112 LENGTH INTO THE GUTTER. BID NO B1600150 Page 89 BID SCHEDULE 1 Total Price (Dollars) O O -. V) O Q %) CC O O o O 'O O 0 a Q o q -N 1.11 n p 4.11iAIAIwIAInIAininin O O° Q CC',.1 o o0 Grp O O 0 0 O a I e.:17-1° c' c A (\?n O o V 0 8 N Unit Price (Dollars) L3 in 4S in O O r-, in `''°0 in 0 in 0 o an O Q IA O _,i in 0 Q. IA p t m IA o ``n -Iel in O M in \t} t10 of O ` an 0 G 0 o in 0 8 -in Unit Price (Written Words) h C. c. r- 1` 0 a y s,4roJ)QQ n,,jA2vb::L `ry a a J C '. d o a` ` ` •.o u y d C a O J \ ~ ` O -. - G - CS d� N. ` ,VI ` y .1 k` o c Q -K j Two Thousand Five Hundred 'O C a OD g . `.1 -. 2 N t0 Q+ 43 r1 -. 2 rn r. er {A J J Ui W e.;i U } U J J yy in W i}n H W -j 1 Bid Schedule: item Description Removal of Asphalt (Thickness varies —6") Removal of Curb and Gutter Type 2 - Section IB Removal of Gutter Type 2 Removal of Sidewalk 1 Removal of Chase Drain Removal of Cross Pan Unclassified Excavation (Greater than 1') Aggregate Base Course (Class 6) Curb and Gutter Type 2 - Section IB Gutter type 2 (2') Y l3 . I' v Chase Drain Cross Pan (6") (24 hour mix) C 0 ' g . u V E Force Account - Minor Contract Revisions d Z ri N O N N N O N RI N O N I N D N to N O N tQ N O N s4 41 O N r1 + O RI r1 6 O t0 N 01 O i0 r» C'� i0 q Ot O 113 an 0 t0 r+ t N t0 r+ d rn WI, .-i 1_ 1 F - Q. w c 0 -J 0 M, Total Bid (Dollars) c C 3 Total Bid (Written Words op n. Bid No 81600150 The undersigned, by his or her signature, hereby acknowledges and represents that: 22 f di k2 •/ 2 /a .0 CIJ § �2 W �� 2 2 �k f 2 0 0 - .0 ®0_f •C 2 iii -. .0 $ o0sca 0 .in7 a - §g= 2 a & k © § �c_i e k2� a) ° C c ®u. 10 J e u) B8,0 C a 0 © 0 _ e c 6 f • .. , . : 20. °§ o = i 222Z E c o ® c IA CO f 0 0 $ vQ Z. c 22' co ® om■ §o s"2 >, : 13 .2 7 " o '' 3 x632 R15 k -84ref• f�2 _c2® ili � 2 0 J _ § c c-0,8QRIa o mD0c O. in go go CI k >og8›, gi 41) f /0��22� X' e ° e ■ o % ■�2Ew _ tff$ a'- ® c -015 2 ° 2 § $ i _ ; : E $/�2§e■ i2® a a a HUH! O c k ma E © c 0. O .--n � 0 8., 2 2O) §. 73 3 .0gb- FT .6,:,2 2rn.A). °0 eItRI-Iu>c DATE /0 -/.', /, CITY, STATE, ZIP CODE TELEPHONE NO -J w SIGNATURE 2 0 00011- 8 9 9 a ■ ■ 0 s X O Q 2 4 w 0 0 O . 2eri LI. IN - a. ■ tut) in in« In 2 z 0 Lu Bid No B1600150 NOTE: The following are items of work to be completed by Weld County: Prior to Project Construction NA During Project Construction ❑ Materials Qualify Acceptance Testing ❑ Construction Inspection After Project Construction NA RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. (JON - Date: By: Addendum No. Date: By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. SIGNATURES: Dated this fit+ day of Q c -r 08e g_ FIRM NAME: Li EL D COI.L,t - `, A...5(AA. Otis ,L' C• BY: Le() , xi 3 0 TITLE: PP Es]: D BIDDER'S LEGAL SIGNATURE: . 2016. STATE OF INCORPORATION: Cu C Q /CAA D (7 ADDRESS: 'IV 3,1a tk Cx 3 3 (pO A4.1' 4.7, f 61t!C Cc.) 506so TELEPHONE NO: ci? - 5 3Y - 7 7 FAX Na y 70 -- 3 '1- 2 6 3 / ATTEST BY: "Vt. ,36 ti Ai G ,4,-C TA Bid No B16001.50 Page 19 STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: 0C re I tl . I % g 0 I All questions herein must be answered by all bidders and the information given must be legible, dear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable, responsible and qualified bidder as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. 1. Name of Bidder (Company or Firm): Lc/ t 4 ,Il COIL (A/ i (-0 ft≤ 1,Q i C F.1:6) A) . 'A/C- , 2. Permanent main office address: 4I Y-3 4 0 L1.-1 C .k -33 ( Po /- o X ,67) f TEI C L C (7 S' 06, 0 Phone Number: 970- Fax Number: ci70 5 3 y- / 6 y 3. Year Company was organized: tt,7 O Ca 4. Number of years this Company has been engaged similar construction: / ! /RS' Under what firm, company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work? ,so 90 FIRE. v "ow& S O c c)N ✓ R OF H4'L Coi?rx'ErEc:vc. fro ,2oy,e5 rG unDc/K IA; t --c. Ceu.ut/ Cotiau« ry k s 5. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: 4076 1 R..ij cc -NAB $ ,2 8.3'7, a 0 /O -.31-1 C, /`1Rtr≤0n (olsrK i,cc7XO 11 $ f, C)O , C O 10 • 3/ $ 6. List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. N ik)c - 7. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. 8 List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. BID No. B1600150 Page 23 9. List all contracts within the last 3 years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. 10. Has any owner, as party to any of the Company's contracts within the last 3 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc., or attempted to have the performance bond invoked? If yes, explain in detail. N r) 11. Describe all contracts that the Company failed to complete. /V) (Me -- 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. Ne-- 13. List all or a maximum of three (3) of the most recent projects, similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction at the present time. List the project name, location, project superintendent, owner's representative and phone number, date completed and contract amount for each project. P( Project Name: t' -( I) 1 E / R t Z 1 -- Location: PGD.DRE'T1' XL. GR.Fete'1 CO supt: l c'U A)MAA130 Owner's Representative: �2i CJj S'LJ L..1-.) phone; -3q,4 - /4.1y Completion Date: ' ' .Z 5 — I CoContract Amount: W / 6., 06 () U D Project Name: CO lie GC CC --A.) CO F n ft) OILS Location: ()(cC ( +,C' C's c " r.iZeE L e y C (i Supt: (CO AJ J1 k A v 371 Owner's Representative: . -TV h n k v M t; R ` Hc1q Phone: 30. 'S ' 23 Completion Date: ) b ( 1- I (O Contract Amount:l t/ .5, UCC . 0 0 BID No. B1600150 Page 24 Project Name: Ca /kcc Cro? ft Coin n'(u 11 .; Location: C o I 1 e Ct C- cRE CN - (,:R e E' I fi Y CO Owner's Representative: HA' 1 i nick - HGA Completion Date: 9 "2 5 -IS Supt Let; /U A RA.Al 50 Phone:3 Z - 5 y •2.3 Contract Amount: % ) ,C00 ' 06 14. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15% OR MORE OF THE WORK. SUBCONTRACTOR WORK DESCRIPTION % OF WORK )ONE 15. List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc. NAME i_eo NArzi) D TITLE Z-0Hit)CTA1 C`uPEKVL Gr YRS. PERTINENT EXPERIENCE 16. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. A)0ti•e__, BID No. B1600150 Page 25 The undersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this NOTARY 17r" County of L.A.,L,L day of 0C. TQ%7 E42.,1 .2016. Bidder: CI%L-L1 CO. y l `.tiSlieuCT rciAl 2-AiC . Company Byc f'y� rl ,t1=1A Sl re Name: Leo AM KAN L, (Please Type) Title: I ItL.5 LUCA-17- ss. State of COLGo Lev IVMA,j JO that he is PRE -silk -Ai `I being duly sworn, deposes and says of LJrLDCUuvey\bit <1 cr-rcui/ znC,, and (Title) (Company Name) that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this nth MONICA RIOS NOTARY PUBUC jrnOF COLORADO TARP ID 20054041958 MY COMMISSION EXPIRES 8.17-2019 Commission Expires day of OrA0 ber , 2016. L S Notary Public BID No. B1600150 Page 26 p,J BID BOND p016 CONCRETE MAINTENANCE AND REPAIR CONTRACT . KNOW ALL MEN BY THESE PRESENTS, that Weld County Construction Co, Inc. as Principal, and Old Republic Surety Company as Surety, are hereby held andfirmly bound unto Weld County, Colorado (hereinafter called the "Owner") In the penal sum of as Amount of Bid Dollars ($ 6% Biel ), lawful money of the united States of America, for the payment of which sum well and truly to be made, we bind ourselves, our hake, executors, administrators, eucoossors and asstgne, jointly and severally, firmly to these presents. THE CONp1T1ON OF THIS OBLIGATION IS SUCH, that whereas the Principal bee eubmltted the accompanying Bid doted October 18, 2016 . , 2016 for the 2016 CONCRETE MAINTENANCE AND REPAIR as eel out In the accompanylno Bid, WHEREAS, the Owner has required as a condition for receiving sold Bid that the principal deposit with the Owner either a codified check equivalent to not lees than five percent (6%) of the amount of sold Bid or in lieu thereof furnish a Bid Bond for veld amount conditioned such that In Iho event of (allure to execute the proposed Contract for such construction if the Contract is to be awarded to Wm, that said sum be paid Immediately to the Owner es liquidated damages and not as a penalty for the principal's failure to perform. NOW THEREFORE, if the principal shall, within the petted 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 Perfomrsnce Bond with good and suUlctent sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper Willem eat of said Contract, or 6. Withdraw said Bid within the lime specified, or C. Pay to the Owner the sum determined upon heroines liyutdated damages, end not as a penalty, then this obllgalton 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 seetsthis, _18th day of October ,2016 the name end corporate esato( each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authorfiy of Its governing board. ♦ Principal Weld County Construction Co., Inc. Address P. O. Box 67 Pierce, 90 8 60 By. Leo Naranjo surety, Old Republic Surely Company Address West pea agar 168260 /. By: Idea) aT�LCG �-��'°'°r• Valerie J. Mathiason, Attorn In Fact s nL j f DID No.1316001S0 Page 20 **** OLD REPUBLIC SURETY COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: Thai OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: RAE L. CAMPBELL DAVID M. JANSSEN, VALERIE J. MATHIASON, STELLA R FERRIS, OF JOHNSTOWN, CO its true and lawful Attorney(s)-in-Fact, with full power and authority, not exceeding $50,000,000, for and on behalf of the company as surely, to execute and deliver and affix the seal of the company thereto (if a seal is required). bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail hoods, bank depository bonds, mortgage deficiency bonds, mortgage guarent bonds guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, ashmstos abatement crmtract bonds, waste management bonds. hazardous waste remcdiation bonds or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED FIVE MILLION DOLLARS($5,000,000) FOR ANY SINGLE OBLIGATION. and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Feet, pursuant to these presents, are ratified and confirmed. This document is not valid unless printedon colored background and is multi -colored. This appointment is made wider and by authority of the board of directors at a special meeting Attorney held on February 18, 1982. This Power of is signed and sealedbyfacsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attomeys-in-(act or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizatnces, and suretyship obligations of ail kinds; and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that aay bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 25TH day of APRIL, 2016• - OLD REPUBLIC SURETY COMPANY 1 STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS President On this 25TH day of APRIL, 2016 , personally came before me, Alan Pavtic and Jane E Cherney , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. Notary Pubic My commission expires: 9/28/2018 CERTIFICATE I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. 40-4216 PFS INSURANCE GROUP LLC . kite (Expiration of notary commission doss not Invalidate this Instrument) Signed and sealed at the City of Brookfield, WI this day of a/4i nklti Nlc , 'Ir. F^at - !. v!„ 7 -.:h', .NK f• r 6+ ,•Ili ...[., ',q'- f)tl. Form • t V Request for Taxpayer Identification Number and Certification Give form to the requester. Do not send to the IRS. Plane (es Jtovm on your Income lax room) Leo / )A( 0 LI 6 lei y to ,,t.v ry ( CJr�.S� Li c i _co tit case s appropriel• unx O !raividunV6ola proprietor Corpera0on Perin. r,h!p - O 4irrnled !lub!Illy comp -my E IIa 'tti '.aid der nhrahun Irk Arsregerden nnt'ly%=CorpomUon P'pv1north,pl o9 t;;1n ,I..0 a Buses nave r &Ow en' from move Dth,,w(aaenetruc>-accts: Adams, Nwnbar, street era apt ar rulleno.l GM. state and ZIP cede () BoL5 L11 em aunt !,u,rdn`n ,; ere fusee's° D Exempt payee Requester, name afro ddresrloplioroil ('iii avaYer .. _ ca!on rum. r Enter your TIN in the appropriate box The TIN provided must match the name given on line i to avoid r soo sleecu ty number backup .gllhhelding. Foe individuals, this is your sold sed.lny number (SSN). liowever,for a resident alters sole propMbr. or disregarded entity. see the Part I intarctctlons on page 3. For other entities, t is your employeridentlfication number (EIN) If you do not have a number, eeeHow to pet a TIN on page 3. or Note. If the account is In more than one name. seethe chart on page4 for guidelines on whose number to enter. Employer idenderellon nwuLer S7-//N$7a2z- Ilttttltttltlhthl� Certification Under penalties of perjury, I certify that 1. The number shown on this form is my correct tnxpnyer identification number (or I nm wailing for n number to be issued to me), and 2. I em not subject to backup withholding because: (6) I am exempt from backup withholding, or (bi I have not been notified by the Internal Revenue Service (IRS) that II am subject to backup wilhhdding sea result of a faders to report ail interest or dividends, or (c) the IRS lies notified me thud I am no longer subject to backup Withholding. and 3. 1 am o U.S. citizen or other U.S. person (defined below). Certification Instructions. You must cross out item 2 *Dowse you have been notified by the FRS that you are currently subject to backup wahholdtng because you have failed to report all Interest and dividends on your lex return. For reel estate transactions. Item 2 doss not apply. Formortgage interest paid, aoqutsitlon or abandonmentof secured property, cancellation of debt, ccntnbuttons to an individual retirement arrangement (IRA). and generally, payments otter titan interest and addends. you ere not required to sign tee Certification but you must provide your correct TIN. See the Instructions on page 4 Sign I aiy,atwa of Here Ile parson General Instructions Section references are to the Internal Revenue Code unless otherwise noted. l .v. Purpose of Form A person who 15 required to file an Information return with the IRS must obtain your correct taxpayer 'dent iation number (TIN) to repots for example Income paid to you. reel estate transactions. mortgage interest you paid. acquisition or abandonment of secured properly. cancellation of debt. or contributions you made to an IRA Use Form W-9 only If you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting It (the requester) and. when applicable. to: 1. Certify that the TIN you are g;ving is correct (or you are waiting for a number to be issued). 2. Certify that you are not subject to backup withholding, or 3. Clelm exemption from backup withholding if you era a U.S. exempt payee. If applicable. you are also certifying that as a U.S. person, your allocable share of arty partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form If it is substantially stroller to this Form W9. rata., J " Definition of a U.S person. For federal tax purposes. you are considered a V.S. Person if you ere - An individual who i5 a US citizen or U S resident alien. A partnership. corporation, c:ompeny. or association crested or organized in the United States or under the laws d the United States. An estate (other then a foreign estate). or • A domestic: trust (as defined In Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of fnwme from such business. Further. in certain cases where a Form W-9 has not been received. a partnership is required to presume that a partner is a foreign person and pay the withholding tax. Therefore if you are a U.S person that is a partner in a partnership conducting a trade or business In the United States. provide Form W-9 to the partnership to establish your U S status and avoid vtlthholding on your share of partnership income The person who gives Form W-9 to the perinerdite for purposes of establishing its U.S. status and avoiding withholding on Its allocable share of net tiltxme from the partnership conducting a trade or business In the United States is in the follo'lling canes: — The U.S. owner of a disregarded entity and not the entity. Cal No 1023i2. Form W-9 10.2007) BID No. 81600150 Page 22 NOTICE OF AWARD 2016 CONCRETE MAINTENANCE AND REPAIR CONTRACT To: Leo Nara* weld County Construction, Inc. Pierce CO 80650 Project Description: The project in general consists: removal and replacement of concrete infrastructure maintained by Weld County. Locations are: WCR 56 between Hwy 119 and WCR 26, Sunny View Estates and Vista CommercW. The Owner has considered the Bid submitted by you for the above described Work in response to Its Invitation far Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of sa3•n0.a0 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 Certiricrotes of Insurance within ten (10) calander 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 maybe granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated This 3rd day of November , 2016 Weld County, Col By Josh Holbrook, Construction Inspection Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by lati^ CO. C., f : a /6/u /:'•,,!(Contractor) Dated this s,4/ day of /t/o vt .. X r. / , 2018 Title r7 -✓/I e - BID No. 91600150 Page 27 P.2 Bond # RCN2158859 PERFORMANCE BOND 2016 CONCRETE MAINTENANCE AND REPAIR CONTRACT KNOW ALL MEN BY THE PRESENTS; that Weld County Construction Inc. (Name of Contractor) 44340 WCR 33 P O Box 67 (Address of Contractor) Pierce, CO 80650 , hereinafter called Contractor, and a (Corporation, Partnership, or Individual) Old Republic Surety Company (Name of Surety) 1415 28th Street, Suite 420, West Des Moines, IA 50266 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County. Colorado (Name of Owner) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Address of Owner) Forty Three Thousand, Two Hundred Twenty and 00/100 hereinafter called Owner, in the penal sum of Dollars, ($ 43,220.00 ), 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 3rd day of November , 2016, a copy of which is hereto attached and made a part hereof for the construction of: 2016 CONCRETE MAINTENANCE AND REPAIR CONTACT described In the Invitation for Bids, Bid No. B1600150 NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and It does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. BID No. 81600150 Page 41 P.3 PERFORMANCE BOND 2016 CONCRETE MAINTENANCE AND REPAIR CONTRACT IN WITNESS WHEREOF, this Instrument Is executed in two (2) counterparts, each one of which shalt be deemed an original, this Ninth day of NolLember 2016. U tip/ 7- fl ((CI. /I (Contractor) Secretary (SEAL) 1 (Witness as to Gbntrktor) 7Hfuze 7,oDks6(i-ez PO 60A 1 ,q3 (Address) 112. -.6 c: 8d 6 SO ATTEST: (SEAL) (Surety) Secretary Witness as to 'Surety Weld County Construction Inc. ntr pr 7/ eo Naranjo, President 44340 WCR 33, P O Box 6,7 (Address) Pierce, CO 80650 Old Republic Surety Company By (14.6/1,t3 Valerie J. Mathiaso Attorney -in -Fact 4848 Thompson Pkwy, Ste 20, Johnstown, CO 60534 4848 Thompson Pkwy, Ste 200, Johnstown, CO 80534 (Address) (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project Is located. BID No. 131600150 Page 42 * ** ** OLD REPUBLIC SURETY COMPANY * * * POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: RAE L. CAMPBELL, DAVID M. JANSSEN, VALERIE J. MATHIASON, STELLA R FERRIS, OF JOHNSTOWN, CO its true and lawful Attorney(s)-in-Fact, with full power and authority, not exceeding S50,000,000, for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds mortgage guaranty bonds guarantees of installment =and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds, hazardous waste remediation bonds or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED FIVE MILLION DOLLARS(S5,000,000)------ ------------- FOR ANY SINGLE OBLIGATION. and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This document a not valid unless printedon colored background and is multi -colored. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBUC SURETY COMPANY on February 18, 1982. RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed, IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 25TH day of APRIL, 2016. STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS On this 25TH day of APRIL, 2016 Jane E Chemey im.irn;;'W $ SEAL r .I.. OLD REPUBLIC SURETY COMPANY fr President , personally came before mc, Alan Pavlic and , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duty sworn, did severally depose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. Notary Public My commission expires: 9/28/2018 CERTIFICATE (Expiration of notary commission does not Invalidate this Instrument) 1, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. k 14'1140-4216 Signed and sealed at the City of Brookfield, WI this day of fV 1 `o(SEAL))t ` PFS INSURANCE GROUP, LLC Ass.stanl THIS' UCL:UMENI HAS A, COI t}PEU BACKI_,NUUNI> ANU IS h1ULTI-COLCI-',EU UN THE FACE THL COMPANY l OCO APPEAiRL, O.N !HE HACK OF THIS Ul}Ci1MI-NT AS A WATFRMARK IF THESE FFATURFS PARF AFiSFNT THIS f 0CUMFNT IS VOID rt•c;.r»r. - . 228 . t p . 4 Bond # RCN2158859 LABOR & MATERIALS PAYMENT BOND 2016 CONCRETE MAINTENANCE AND REPAIR CONTRACT KNOW ALL MEN BY THE PRESENTS; that Weld County Construction Inc. (Name of Contractor) 44340 WCR 33,P O Box 67 (Address of Contractor) Pierce, CO 80650 called Contractor, and a (Corporation, Partnership, or Individual) Old Republic Surety Company (Name of Surety) 1416 28th Street, Ste 420, West Des Moines IA 50266 , hereinafter (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) P.O. Box 758. 1111 H Street. Greeley, Colorado 80632 (Address of Owner) Hereinafter called Owner, in the penal sum of Forty Three Thousand, Two Hundred Twenty and 00/100 Dollars, ($ 4 3, 2 2 0 . 0 0 ) 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 Third day of November 2O16, a copy of which is hereto attached and made a part hereof for the construction of: 2O16 Concrete Maintenance and Repair Contract described in the Invitation for Bids, Bid No. 81600150. 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 lime, 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 maybe unsatisfied, BID No. B1600150 Page 43 P.5 LABOR & MATERIALS PAYMENT BOND 8016 CONCRETE MAINTENANCE AND REPAIR CONTRACT IN WITNESS WHEREOF, this instrument is executed In two (2) counterparts, each one of which shall be deemed an original, Ninth this 2016. day of November Weld County Construction Co Inc. '' Con ctor By _ 'I (Contractor) Secretary Leo Naranjo, President (SEAL). 2 4- (Witness as to ntractor) "�. "3It-.L F: o t .L u tt Pa Box i g (Address) ATTEST: A0 (SEAL) (Surety) Secretary �J Witness as oo Suy 4848 Thompson Pkwy, S>>i (Address) Johnstown, CO 80534 rP 200 44340 WCR 33, P O Box 67 (Address) Pierce, CO 80650 Old Republic Surety Company By 1/a.&i2kiJ fc�--- Valerie J. Mathiason Attorney -In -Fact 4848 Thompson Pkwy, State 2nn (Address) Johnstown, CO 80534 NOTE; Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project Is located. BID No. B1600150 Page 44 **** * * OLD REPUBLIC SURETY COMPANY * * * POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: RAE L. CAMPBELL, DAVID M. JANSSEN, VALERIE J. MATHIASON, STELLAR FERRIS, OF JOHNSTOWN, CO its true and lawful Attorney(s)-in-Fact, with full power and authority, not exceeding $50,000,000, for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency hoods, mortgage guaranty bonds guarantees of installment paper: and ote guaranty mediatself-insurance howorkr compensation bands guarareeeing payment of benefits, asbestos abatement contract , waste management bonds lung bonds), as follows: ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED FIVE MILLION DOLLARS(S5,000,000) ----- FOR ANY SINGLE OBLIGATION, and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This document is not valid unless printedon colored background and is multi -colored. This appoiatmcm is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed -by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizanees, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 25TH day of APRIL, 2016. "5" � Wjb j,,..., V 4$ SEAL 1; STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS �,',,,,.. ^"'0 President On this 25TH day of APRIL, 2016 , personally came before me, Alan Pavlic and Jane E Cherney , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. OLD REPUBLIC SURETY COMPANY CERTIFICATE 1, the undersigned, of Attorney remains in force. 40-4216 Notary Pablo My commission expires: 9/28/2018 (Expiration of notary commission doss not invalidate this instrument) assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power full force and has not been revoked; and furthermore, that the Resolutions of the board �,of�h directors set forth in the Power of Attorney, are now in Signed and sealed at the City of Brookfield, W I this —1 ' day of �,Jd4,141A Assistant Sec •,a- '* \ ti 51 SEAL ; j )i PFS INSURANCE GROUP, LLC TNIS DOCUMENT HAS A COLORLD BACKLi POUND AND IS MULTI-COLUP,LD ON THE- FACE T H[ COMPANY LOGO AUPLA1 - (1,N IHL RACK OF THIS DOCUMENT AS A WATERMARK IF THESE FFATURFS ARE ARSFNT THIS DOCUMENT IS VOID 4 K+ 22951-W N7.v. 14. 21)16 12:004PM PFS Insurance Group No. '703 P. 1 OU-02 POGLESBEE A,CORfY CERTIFICATE OF LIABILITY INSURANCE 4Iiiri- DATEIMMAANYYYY1 1 111 41201 6 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS HO 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 pollcy(Ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER PFS Insurance Group 7200 S. Alton Way Suite A-140 Centennial, CO 80112 =FACT MG, sill; (303) 9974606 1 iwc, tro):(970) 997-9910 mik, Info@mypfsfnsurance.com INSURERISI AFFORDING COVERAGE NAIL e INSURER A: EMC Insurance Group 21415 INSURED Weld County Construction Company Inc.; Leo Naranjo Company Inc, P.O. Box 67 Pierce, CO 80650 INSURER B:PInn acol Assurance Co 41190 INSURER C: INSURER O: 1N6URERf;; INSURER P ; ON NUMBER: VW. Gf\P.1...-..•-•.••• .•-• • • . ......_ _.- 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 WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIO ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TR TIPP OP INSURANCE ADOL INSD SUER YWp POLICY NUMBER POLICY E am POLICY E)1P j n,YYM LIMITS A X COMMERCIAL GENERAL LIABILITY 5D25776 02/15/2016 02/16/2017 EACH OCCURRENCE I 1,000,000 E UI Z9FI ' EL,N $ 300,Dt1es, J CLAIMS -MADE X OCCUR MED EXP (Any cos Perm/ $ 10,000 PERSONAL 4 ADV INJURY f 1'000'0O0 GENERAL AGGREGATE 2,000,000 S Gov't AGGREGATE POLICY SLIHER: LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG ti 2.000'000 $ AUTOMOBILE — — _ LIABILITY ANY MJTO AUTOS ONLY p AUTOS ONLY — AUTOQULEO SCH D ��p AUTOS ONLY CF08M8 iE ySNd(iLE LIMIT ; BODILY INJURY (Per person] i @�UO1lY INJURY (Rol' Il " al GE s $ _. — UMEpeILA UAB EXCESS DAB ^ OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ I OED I I RETENTIONS B WORKERS COMPENSATION ANO EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERJEXECIJTIVE �Mineel inHH)REXCLUDED? DE�SC`RIIPTIO Odoscribo � OPERATI0NSGWow_der Y I N N I A 4053043 02/0112018 02101/2017 R X I sTA�rtfTE I i I Eri7H E L EACH ACCIDENT $ 100,000 EL DISEASE •EAEMPLOYEE 1 100,000 EL DISEASE - POLICY LIiNT 500,000 j A Equipment 6C25776 02116/2016 02/16/2017 Rented/Leased 26,000' DESCRIPTION OF OPERATION$ I LOCATION6I VEHICLES (ACORD 181, Additional Remarks SaMdule, may M attached N more apace Is rewired) Project: 2015 Concrete Repair. If required by written contract or written agreement, the certificate bolder is included as additional insured for ongoing operations under general liability. CERTIFICATE HOLDER Weld County Public Works P.O. Box 758 1111 H Street Greeley, CO 80632 l ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE t 1908-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Insured's Name and Address Weld County Construction Co In PO Box 67 Pierce, CO 80650 CERTIFICATE OF LIABILITY INSURANCE American Family Insurance Company ❑ American Family Mutual Insurance Company if selection box is not checked. 6000 American Pky Madison, Wisconsin 53783-0001 Agent's Name, Address and Phone Number (Agt./Dist.) Dan C Mausbach 922 36th Ave Greeley, CO 80634 (970) 352-7778 (120/309) This certificate is issued as a matter of Information only and confers no rights upon the Certificate Holder. This certificate does not amend, extend or alter the coverage afforded by the policies listed below. COVERAGES This is to certify that 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 ncviment 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. POLICY DATE TYPE OF INSURANCE POLICY NUMBER EFFbay, W EXPIRATION (thou ey, r) �Mo. Day, Yr) LIMITS OF LIABILITY Homeowners/ Mobilehomeowners Liability Bodily Injury and Properly Damage Each Occurrence $ ,000 Boatowners Liability Bodily Injury and Property Damage Each Occurrence $ ,000 Personal Umbrella Liability Bodily Injury arid Property Damage Each Occurrence $ ,000 Farm Liability & Personal Liability Each Occurrence $ 000 Farm/Ranch Liability Farm Employer's Liability Each Occurrence $ .000 Statutory .......«». Workers Compensation and Each Accident $ ,000 Employers Liability t Disease - Each Employee $ ,000 Disease - Policy Limit $ ,000 General Liability General Aggregate $ ,000 ❑ Commercial General Products. Completed Operations Aggregate $ ,000 Liability (occurrence) Personal and Advertising Injury $ ,000 Each Occurrence $ ,000 0 Damage to Premises Rented to You $ ,000 Medical Expense (Any One Person) $ ,000 Businessowners Liability Each Occurrencett $ ,000 Aggregate!! $ ,000 Liquor Liability Common Cause Limit $ ,000 Aggregate Limit $ .000 Automobile Liability U Any Auto Bodily Injury - Each Person $ 1,000,000 Bodily Injury - Each Accident $ 1,00(},000 All Owned Autos ❑ Scheduled Autos ❑ Hired Auto 05-X03277-02 02/05/2016 02/05/2017 PropenyDamage $ 1,000,000 ❑ Nonowned Autos n Bodily Injury and Property Damage Combined $ ,000 Excess Liability ❑ Commercial Blanket Excess Each Occurrence/Aggregate $ ,000 Other (Miscellaneous Coverages) DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / RESTRICTIONS 1 SPECIAL ITEMS tThe individual or partners ❑ Have shown as insured elected to be covered under this policy. 0 Have riot ttProducts-Completed Operations aggregate is equal to each occurrence limit and is included in policy aggregate L CERTIFICATE HOLDER'S NAME AND ADDRESS CANCELLATION Attn: Joshua Halbrook Weld County Public Works 111 H Street Greeley, Co 80632-0758 Project name: 2016 Concrete Repair Program ❑ Should any of the above described policies be cancelled before the expiration date thereof, the company will endeavor to mail'( days) written notice to the Certificate Holder named, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. '10 days unless different number of days shown. in This certifies coverage on the date of Issue o above described policies are subject to cancellation in conformity with theirtermd by the laws of the state of issue. DATE ISSUED 11/22/2016 yfU O ED2EPRES ITATNE U-201 Ed. 5/00 Stock No. 06 66 Rev. MEMORANDUM TO: Jay McDonald, Public Works Director DATE: October 31, 2016 FROM: Joshua Holbrook, Construction Inspection Supervisor SUBJECT: 2016 Concrete Maintenance and Repair Contract Bid No. B1600150 On October 18, 2016, two bids were received and opened for the 2016 Concrete Maintenance and Repair Contract. The bids ranged from $43,220.00 to $49,020.00, with the low bid submitted by Weld County Construction, Inc. based out of Pierce, Colorado. The budget amount for this project in 2016 is $35,000.00. Below are the respective bids: BID TAB FOR 2016 CONCRETE MAINTANANCE AND REPAIR CONTRACT (No. 81600150) Item No. Item Description, Units Quantity Weld County Construction, Inc Total Price The Perfect Patch Asphalt Co. Inc Total Price 202-1 Removal of Asphalt (6" avg) SY 80 $ 32.00 $ 2,560.00 $ 20.00 $ 1,600.00 202-2 Removal of Curb and Gutter Type 2 - Section IB LF 90 $ 25.00 $ 2,250.00 $ 20.00 $ 1,800.00 202-3 Removal of Gutter Type 2 LF 40 $ 25.00 $ 1,000.00 $ 30.00 $ 1,200.00 202-4 Removal of sidewalk SY 12 $ 50.00 $ 600.00 $ 40.00 5 480.00 202-5 Removal of Chase Drain EA 1 $ 2,100.00 $ 2,100.00 $ 600.00 $ 600.00 202-6 Removal of Cross Pan SY 68 $ 55.00 $ 3,740.00 $ 15.00 $ 1,020.00 203-1 Unclassified Excavation (greater than 1') CY 20 $ 30.00 $ 600.00 $ 80.00 $ 1,600.00 304-1 ABC (Class 6) CY 60 $ 65.00 $ 3,900.00 5 60.00 5 3,600.00 609-1 Curb and Gutter Type 2 -Section IB LF 90 $ 35.00 $ 3,150.00 $ 20.00 $ 1,800.00 609-2 Gutter Type 2 (2') LF 40 $ 35.00 $ 1,400.00 $ 30.00 $ 1,200.00 609-3 4" sidewalk SY 12 $ 45.00 $ 540.00 $ 60.00 $ 720.00 609-4 Chase Drain EA 1 $ 3,600.00 $ 3,600.00 $ 1,700.00 $ 1,700.00 609-5 Cross Pan (6") (24 hour Mix) SY 68 5 85.00 ' $ 5,780.00 $ 150.00 $ 10,200.00 626-1 Mobilization EA 3 $ 1,500.00 S 4,500.00 $ 3,000.00 $ 9,000.00 630-1 Traffic Control LS 1 $ 5,000.00 $ 5,000.00 $ 10,000.00 $ 10,000.00 700-1 F/A Minor Contract Revisions FA 1 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 Totals: Total: No Errors $ 43,220.00 Total: No Errors $ 49,020.00 in Bid in Bid Three options below have been considered: 1) Include this work in next year's contract. 2) Remove the items in contract for the replacement of the chase drain on WCR 5.5 and award the contract to the lowest bid. a. Weld County Construction: total cost for removal of chase drain items is $8,340, leaving the contract amount at $34,880.00. b. The Perfect Patch Asphalt Co: total cost for removal of chase drain items is $6,500, leaving the contract amount at $42,520.00. 3) Reallocate some of the funds saved from the 2016 slurry/sand seal project to this contract. (Don Warden was okay with this option, see attached email dated 10.19.2016). M:\Maintenance Contracts\Curb & Gutter Replacement\2016\Contract Does\Rec. vendor\2016 rec ven.doc 1'41 b-3.257 666673 It is the recommendation of the Weld County Public Works Department to accept the bid from Weld County Construction, Inc. for the sum of $43,220.00. Approval of recommendation u — jay MdDgrr abbe Worlrs Director pc: Trevor Jiricek, Director of General Services Marcia Walters, Purchasing Rose Everett, Purchasing Mona Weidenkeller, Office Tech IV / Payable / Receivable Neal Bowers, Pavement Management Supervisor Janet Lundquist, Support Services Manager Curtis Hall, Operation Manager Deanne Norris, Budget Manager for Public Works Attachments: Approval email from Don Warden (10.19.2016) M:'Maintenance Contracts\Curb & Gutter Replacement\2016\Contract Docs\Rec. vendor\2016 rec ven.doc Josh Holbrook From: Sent: To: Cc: Subject: Don Warden Wednesday, October 19, 2016 4:25 PM Jay McDonald Josh Holbrook; Janet Lundquist; Deanne Norris; Curtis Hall RE: B1600150 concrete maintenance contract Yes, option 3 is okay with me. Sounds like a good solution. Donald D. Warden Director of Finance and Administration Finance and Administration PO Box 758 1150 O Street Greeley, CO 80632 tel: 970-356-4000 Extension 4218 email: dwarden@co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Jay McDonald Sent: Wednesday, October 19, 2016 3:38 PM To: Don Warden <dwarden@co.weld.co.us> Cc: Josh Holbrook <Jholbrook@co.weld.co.us>; Janet Lundquist <jundquist@co.weld.co.us>; Deanne Norris <dnorris@co.weld.co.us>; Curtis Hall <chall@co.weld.co.us> Subject: Fwd: B1600150 concrete maintenance contract Don, is option 3 below something we could do? 1 Thank you. Jay McDonald Sent from my iPhone Begin forwarded message: From: Josh Holbrook <Jholbrook@co.weld.co.us <mailto:Jholbrook@co.weld.co.us>> Date: October 19, 2016 at 3:54:49 PM EDT To: Jay McDonald <jmcdonald@co.weld.co.us <mailto:jmcdonald@co.weld.co.us»>, Janet Lundquist <jlundquist@co.weld.co.us <mailto:jlundquist@co.weld.co.us>>, Curtis Hall <chall@co.weld.co.us <mailto:chall@co.weld.co.us>> Cc: Deanne Norris <dnorris@co.weld.co.us <mailto:dnorris@co.weld.co.us> > Subject: B1600150 concrete maintenance contract Yesterday we opened the bids for the 2016 concrete maintenance and repair contract. We received two bids; one from The Perfect patch Asphalt Co out of Commerce City, Colorado for $49,020.00 and the other bid was from Weld County Construction, Inc out of Pierce, Colorado for $43,220.00. The issue is that we only had $35,000 in the budget for this year. Below is a list of options that I think we have. 1) Make a recommendation to include this work in next year's contract 2) Remove the items in contract for the replacement of the chase drain on WCR 5.5 and award the contract to the lowest bid. a. Weld County Construction: total cost for removal of chase drain items is $8,340, leaving the contract amount at $34,880.00 b. The Perfect Patch asphalt co: total cost for removal of chase drain items is $6,500, leaving the contract amount at $42,520.00 3) Ask Don Warden if we could reallocate funds for this project. This project gets funded from account 32700-6376 which has a budget amount of $2,140,00.00 for 6 projects. One of the projects that get funding from this account is the slurry seal and sand seal project. This year $1,000,000.00 was budgeted for this work, but we awarded the project for $997,645.84 and only used $971,121.52. Would it be possible to use the money saved on the slurry seal/sand seal project to fund the remaining amount. Please let me know what you think. Thanks. Joshua Holbrook Construction Inspection Supervisor 2 Department of Public Works 1111 H Street, Greeley CO 80632-0758 tel: 970.304.6496 Cell: 970.301.2622 3 WELD COUNTY PURCHASING 1150 O Street Room #107, Greeley CO 80631 E-mail: mwaltersaco.weld.co.us E-mail: reverettaaco.weld.co.us Phone: (970) 400-4222 or 4223 Fax: (970) 336-7226 DATE OF BID: OCTOBER 18, 2016 REQUEST FOR: CONCRETE MAINTENANCE & REPAIR CONTRACT DEPARTMENT: PUBLIC WORKS DEPT BID NO: #B1600150 PRESENT DATE: OCTOBER 19, 2016 APPROVAL DATE: NOVEMBER 2, 2016 VENDOR WELD COUNTY CONSTRUCTION INC 44340 WCR 33 P O BOX 67 PIERCE CO 80650 THE PERFECT PATCH ASPHALT CO INC 3803 E 64TH AVENUE COMMERCE CITY CO 80022 *PUBLIC WORKS WILL REVIEW THE BIDS. 101 n TOTAL FOR ALL PROJECTS $43,220.00 $49,020.00 ,-.1-G---7- .0r/8 Hello